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COUNCIL REGULATION (EC) No 2252/2004
of 13 December 2004
on standards for security features and biometrics in passports and travel documents issued by Member States
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 62(2)(a) thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Whereas:
(1)
The European Council of Thessaloniki, on 19 and 20 June 2003, confirmed that a coherent approach is needed in the European Union on biometric identifiers or biometric data for documents for third country nationals, European Union citizens’ passports and information systems (VIS and SIS II).
(2)
Minimum security standards for passports were introduced by a Resolution of the representatives of the Governments of the Member States, meeting within the Council, on 17 October 2000 (3). It is now appropriate to upgrade this Resolution by a Community measure in order to achieve enhanced harmonised security standards for passports and travel documents to protect against falsification. At the same time biometric identifiers should be integrated in the passport or travel document in order to establish a reliable link between the genuine holder and the document.
(3)
The harmonisation of security features and the integration of biometric identifiers is an important step towards the use of new elements in the perspective of future developments at European level, which render the travel document more secure and establish a more reliable link between the holder and the passport and the travel document as an important contribution to ensuring that it is protected against fraudulent use. The specifications of the International Civil Aviation Organisation (ICAO), and in particular those set out in Document 9303 on machine readable travel documents, should be taken into account.
(4)
This Regulation is limited to the harmonisation of the security features including biometric identifiers for the passports and travel documents of the Member States. The designation of the authorities and bodies authorised to have access to the data contained in the storage medium of documents is a matter of national legislation, subject to any relevant provisions of Community law, European Union law or international agreements.
(5)
This Regulation should lay down only such specifications that are not secret. These specifications need to be supplemented by specifications which may remain secret in order to prevent the risk of counterfeiting and falsifications. Such additional technical specifications 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 (4).
(6)
The Commission should be assisted by the Committee established by Article 6 of Council Regulation (EC) No 1683/95 of 29 May 1995 laying down a uniform format for visas (5).
(7)
In order to ensure that the information referred to is not made available to more persons than necessary, it is also essential that each Member State should designate not more than one body having responsibility for producing passports and travel documents, with Member States remaining free to change the body, if need be. For security reasons, each Member State should communicate the name of the competent body to the Commission and the other Member States.
(8)
With regard to the personal data to be processed in the context of passports and travel documents, 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) applies. It should be ensured that no further information shall be stored in the passport unless provided for in this Regulation, its annex or unless it is mentioned in the relevant travel document.
(9)
In accordance with the principle of proportionality, it is necessary and appropriate for the achievement of the basic objective of introducing common security standards and interoperable biometric identifiers to lay down rules for all Member States giving effect to the Convention implementing the Schengen Agreement of 14 June 1985 (7). This Regulation does not go beyond what is necessary in order to achieve the objectives pursued, in accordance with the third paragraph of Article 5 of the Treaty.
(10)
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 will, in accordance with Article 5 of the said Protocol, decide within a period of six months after the Council has adopted this Regulation whether it will implement it in its national law.
(11)
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 (8). The United Kingdom is therefore not taking part in its adoption and is not bound by it or subject to its application.
(12)
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 (9). Ireland is therefore not taking part in its adoption and is not bound by it or subject to its application.
(13)
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 association of those two States with the implementation, application and development of the Schengen acquis (10) which fall within the area referred to in Article 1(B) of Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of that Agreement (11).
(14)
As regards Switzerland, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement signed between the European Union, the European Community and the Swiss Confederation concerning the association of the Swiss Confederation with the implementation, application and development of the Schengen acquis (12), which fall in the area referred to in Article 1(B) of Decision 1999/437/EC read in conjunction with Article 4(1) of the Council Decisions of 25 October 2004 on the signing on behalf of the European Union, and on the signing on behalf of the European Community, and on the provisional application of certain provisions of that Agreement (13),
HAS ADOPTED THIS REGULATION:
Article 1
1. Passports and travel documents issued by Member States shall comply with the minimum security standards set out in the Annex.
2. Passports and travel documents shall include a storage medium which shall contain a facial image. Member States shall also include fingerprints in interoperable formats. The data shall be secured and the storage medium shall have sufficient capacity and capability to guarantee the integrity, the authenticity and the confidentiality of the data.
3. This Regulation applies to passports and travel documents issued by Member States. It does not apply to identity cards issued by Member States to their nationals or to temporary passports and travel documents having a validity of 12 months or less.
Article 2
Additional technical specifications for passports and travel documents relating to the following shall be established in accordance with the procedure referred to in Article 5(2):
(a)
additional security features and requirements including enhanced anti-forgery, counterfeiting and falsification standards;
(b)
technical specifications for the storage medium of the biometric features and their security, including prevention of unauthorised access;
(c)
requirements for quality and common standards for the facial image and the fingerprints.
Article 3
1. In accordance with the procedure referred to in Article 5(2) it may be decided that the specifications referred to in Article 2 shall be secret and not be published. In that case, they shall be made available only to the bodies designated by the Member States as responsible for printing and to persons duly authorised by a Member State or the Commission.
2. Each Member State shall designate one body having responsibility for printing passports and travel documents. It shall communicate the name of that body to the Commission and the other Member States. The same body may be designated by two or more Member States. Each Member State shall be entitled to change its designated body. It shall inform the Commission and the other Member States accordingly.
Article 4
1. Without prejudice to data protection rules, persons to whom a passport or travel document is issued shall have the right to verify the personal data contained in the passport or travel document and, where appropriate, to ask for rectification or erasure.
2. No information in machine-readable form shall be included in a passport or travel document unless provided for in this Regulation, or its Annex, or unless it is mentioned in the passport or travel document by the issuing Member State in accordance with its national legislation.
3. For the purpose of this Regulation, the biometric features in passports and travel documents shall only be used for verifying:
(a)
the authenticity of the document;
(b)
the identity of the holder by means of directly available comparable features when the passport or other travel documents are required to be produced by law.
Article 5
1. The Commission shall be assisted by the Committee set up by Article 6(2) of Regulation (EC) No 1683/95.
2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at two months.
3. The Committee shall adopt its rules of procedure.
Article 6
This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.
Member States shall apply this Regulation:
(a)
as regards the facial image: at the latest 18 months
(b)
as regards fingerprints: at the latest 36 months
following the adoption of the measures referred to in Article 2. However, the validity of passports and travel documents already issued shall not be affected.
This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaty establishing the European Community.
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*****
COMMISSION REGULATION (EEC) No 1763/89
of 20 June 1989
amending Regulation (EEC) No 548/86 as regards the payment of accession compensatory amounts
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Act of Accession of Spain and Portugal,
Having regard to Council Regulation (EEC) No 467/86 of 25 February 1986 laying down general rules for the system of accession compensatory amounts for cereals on account of the accession of Spain (1), and in particular Article 8 thereof, and to the corresponding provisions of the other Regulations laying down general rules for the system of accession compensatory amounts applicable to agricultural products,
Whereas Article 9 (2) of Commission Regulation (EEC) No 548/86 of 27 February 1986 laying down detailed rules for the application of accession compensatory amounts (2), as last amended by Regulation (EEC) No 3494/88 (3), provides that, except in case of force majeure, no claim for payment will be entertained unless the relevant documents are submitted within 12 months following the date on which the customs authorities accepted the export declaration; whereas it seems justified to make this provision more flexible by aligning it with provisions governing the payment of refunds contained in Article 48 of Commission Regulation (EEC) No 3665/87 of 27 November 1987 laying down common detailed rules for the application of the system of export refunds on agricultural products (4), as last amended by Regulation (EEC) No 3983/88 (5);
Whereas the measures provided for in this Regulation are in accordance with the opinion of the relevant management committees,
HAS ADOPTED THIS REGULATION:
Article 1
Article 9 (2) of Regulation (EEC) No 548/86 is hereby replaced by the following:
'2. Except in cases of force majeure, the claim for payment of accession compensatory amounts or for the release of the security shall be lodged within 12 months following the date of acceptance of the export declaration.
Where proof that all the requirements laid down by the Community rules have been complied with is produced within six months of expiry of the period referred to in the first subparagraph, the accession compensatory amount shall be 85 % of the amount which would have been paid if all the requirements had been complied with.
Where the accession compensatory amount has been advanced in accordance with Article 8 (1) and proof that all the requirements laid down by Community rules have been complied with is produced within six months of expiry of the period referred to in the first subparagraph, the amount to be reimbursed shall be 85 % of the amount of the security.'
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
Is shall apply also, on request of the interested parties, to transactions carried out since 1 March 1986.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COUNCIL REGULATION (EEC) No 1907/91 of 17 June 1991 on the application of Decision No 8/91 of the ACP-EEC Council of Ministers extending Decision No 2/90 on transitional measures to be applied from 1 March 1990
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 and 235 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Whereas the Third ACP-EEC Convention signed at Lomé on 8 December 1984 expired on 28 February 1990;
Whereas the Fourth ACP-EEC Convention signed at Lomé on 15 December 1989 has not yet entered into force;
Whereas Decision No 2/90 is valid only until 28 February 1991 and the extension thereof, accorded by Decision No 1/91, will expire on 30 June 1991;
Whereas Decision No 8/91 extended that validity until the entry into force of the Fourth ACP-EEC Convention or 30 September 1991, whichever is the earlier;
Whereas it is necessary to take the measures to implement that Decision,
HAS ADOPTED THIS REGULATION:
Article 1
Decision No 8/91 of the ACP-EEC Council of Ministers extending Decision No 2/90 on transitional measures to be applied from 1 March 1990 shall be applicable in the Community from 1 July 1991 until the entry into force of the Fourth ACP-EEC Convention or until 30 September 1991, whichever is the earlier, without prejudice to more favourable arrangements for imports of ACP products to be adopted autonomously by the Community.
The text of the Decision is attached to this Regulation.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply with effect from 1 July 1991. This Regulation shall be binding in its entirety and directly applicable in all Member States.
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Commission Regulation (EC) No 1656/2001
of 14 August 2001
fixing the import duties in the cereals sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals(1), as last amended by Regulation (EC) No 1666/2000(2),
Having regard to Commission Regulation (EC) No 1249/96 of 28 June 1996 laying down detailed rules for the application of Council Regulation (EEC) No 1766/92 as regards import duties in the cereals sector(3), as last amended by Regulation (EC) No 2235/2000(4), and in particular Article 2(1) thereof,
Whereas:
(1) Article 10 of Regulation (EEC) No 1766/92 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 55 %, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the rate of duty in the Common Customs Tariff.
(2) Pursuant to Article 10(3) of Regulation (EEC) No 1766/92, the cif import prices are calculated on the basis of the representative prices for the product in question on the world market.
(3) Regulation (EC) No 1249/96 lays down detailed rules for the application of Council Regulation (EEC) No 1766/92 as regards import duties in the cereals 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 for the reference exchange referred to in Annex II to Regulation (EC) No 1249/96 during the two weeks preceding the next periodical fixing.
(5) In order to allow the import duty system to function normally, the representative market rates recorded during a reference period should be used for calculating the duties.
(6) Application of Regulation (EC) No 1249/96 results in import duties being fixed as set out in the Annex to this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The import duties in the cereals sector referred to in Article 10(2) of Regulation (EEC) No 1766/92 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 16 August 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COUNCIL REGULATION (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 94 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, without prejudice to special procedural rules laid down in regulations for certain sectors, this Regulation should apply to aid in all sectors; whereas, for the purpose of applying Articles 77 and 92 of the Treaty, the Commission has specific competence under Article 93 thereof to decide on the compatibility of State aid with the common market when reviewing existing aid, when taking decisions on new or altered aid and when taking action regarding non-compliance with its decisions or with the requirement as to notification;
(2) Whereas the Commission, in accordance with the case-law of the Court of Justice of the European Communities, has developed and established a consistent practice for the application of Article 93 of the Treaty and has laid down certain procedural rules and principles in a number of communications; whereas it is appropriate, with a view to ensuring effective and efficient procedures pursuant to Article 93 of the Treaty, to codify and reinforce this practice by means of a regulation;
(3) Whereas a procedural regulation on the application of Article 93 of the Treaty will increase transparency and legal certainty;
(4) Whereas, in order to ensure legal certainty, it is appropriate to define the circumstances under which aid is to be considered as existing aid; whereas the completion and enhancement of the internal market is a gradual process, reflected in the permanent development of State aid policy; whereas, following these developments, certain measures, which at the moment they were put into effect did not constitute State aid, may since have become aid;
(5) Whereas, in accordance with Article 93(3) of the Treaty, any plans to grant new aid are to be notified to the Commission and should not be put into effect before the Commission has authorised it;
(6) Whereas, in accordance with Article 5 of the Treaty, Member States are under an obligation to cooperate with the Commission and to provide it with all information required to allow the Commission to carry out its duties under this Regulation;
(7) Whereas the period within which the Commission is to conclude the preliminary examination of notified aid should be set at two months from the receipt of a complete notification or from the receipt of a duly reasoned statement of the Member State concerned that it considers the notification to be complete because the additional information requested by the Commission is not available or has already been provided; whereas, for reasons of legal certainty, that examination should be brought to an end by a decision;
(8) Whereas in all cases where, as a result of the preliminary examination, the Commission cannot find that the aid is compatible with the common market, the formal investigation procedure should be opened in order to enable the Commission to gather all the information it needs to assess the compatibility of the aid and to allow the interested parties to submit their comments; whereas the rights of the interested parties can best be safeguarded within the framework of the formal investigation procedure provided for under Article 93(2) of the Treaty;
(9) Whereas, after having considered the comments submitted by the interested parties, the Commission should conclude its examination by means of a final decision as soon as the doubts have been removed; whereas it is appropriate, should this examination not be concluded after a period of 18 months from the opening of the procedure, that the Member State concerned has the opportunity to request a decision, which the Commission should take within two months;
(10) Whereas, in order to ensure that the State aid rules are applied correctly and effectively, the Commission should have the opportunity of revoking a decision which was based on incorrect information;
(11) Whereas, in order to ensure compliance with Article 93 of the Treaty, and in particular with the notification obligation and the standstill clause in Article 93(3), the Commission should examine all cases of unlawful aid; whereas, in the interests of transparency and legal certainty, the procedures to be followed in such cases should be laid down; whereas when a Member State has not respected the notification obligation or the standstill clause, the Commission should not be bound by time limits;
(12) Whereas in cases of unlawful aid, the Commission should have the right to obtain all necessary information enabling it to take a decision and to restore immediately, where appropriate, undistorted competition; whereas it is therefore appropriate to enable the Commission to adopt interim measures addressed to the Member State concerned; whereas the interim measures may take the form of information injunctions, suspension injunctions and recovery injunctions; whereas the Commission should be enabled in the event of non-compliance with an information injunction, to decide on the basis of the information available and, in the event of non-compliance with suspension and recovery injunctions, to refer the matter to the Court of Justice direct, in accordance with the second subparagraph of Article 93(2) of the Treaty;
(13) Whereas in cases of unlawful aid which is not compatible with the common market, effective competition should be restored; whereas for this purpose it is necessary that the aid, including interest, be recovered without delay; whereas it is appropriate that recovery be effected in accordance with the procedures of national law; whereas the application of those procedures should not, by preventing the immediate and effective execution of the Commission decision, impede the restoration of effective competition; whereas to achieve this result, Member States should take all necessary measures ensuring the effectiveness of the Commission decision;
(14) Whereas for reasons of legal certainty it is appropriate to establish a period of limitation of 10 years with regard to unlawful aid, after the expiry of which no recovery can be ordered;
(15) Whereas misuse of aid may have effects on the functioning of the internal market which are similar to those of unlawful aid and should thus be treated according to similar procedures; whereas unlike unlawful aid, aid which has possibly been misused is aid which has been previously approved by the Commission; whereas therefore the Commission should not be allowed to use a recovery injunction with regard to misuse of aid;
(16) Whereas it is appropriate to define all the possibilities in which third parties have to defend their interests in State aid procedures;
(17) Whereas in accordance with Article 93(1) of the Treaty, the Commission is under an obligation, in cooperation with Member States, to keep under constant review all systems of existing aid; whereas in the interests of transparency and legal certainty, it is appropriate to specify the scope of cooperation under that Article;
(18) Whereas, in order to ensure compatibility of existing aid schemes with the common market and in accordance with Article 93(1) of the Treaty, the Commission should propose appropriate measures where an existing aid scheme is not, or is no longer, compatible with the common market and should initiate the procedure provided for in Article 93(2) of the Treaty if the Member State concerned declines to implement the proposed measures;
(19) Whereas, in order to allow the Commission to monitor effectively compliance with Commission decisions and to facilitate cooperation between the Commission and Member States for the purpose of the constant review of all existing aid schemes in the Member States in accordance with Article 93(1) of the Treaty, it is necessary to introduce a general reporting obligation with regard to all existing aid schemes;
(20) Whereas, where the Commission has serious doubts as to whether its decisions are being complied with, it should have at its disposal additional instruments allowing it to obtain the information necessary to verify that its decisions are being effectively complied with; whereas for this purpose on-site monitoring visits are an appropriate and useful instrument, in particular for cases where aid might have been misused; whereas therefore the Commission must be empowered to undertake on-site monitoring visits and must obtain the cooperation of the competent authorities of the Member States where an undertaking opposes such a visit;
(21) Whereas, in the interests of transparency and legal certainty, it is appropriate to give public information on Commission decisions while, at the same time, maintaining the principle that decisions in State aid cases are addressed to the Member State concerned; whereas it is therefore appropriate to publish all decisions which might affect the interests of interested parties either in full or in a summary form or to make copies of such decisions available to interested parties, where they have not been published or where they have not been published in full; whereas the Commission, when giving public information on its decisions, should respect the rules on professional secrecy, in accordance with Article 214 of the Treaty;
(22) Whereas the Commission, in close liaison with the Member States, should be able to adopt implementing provisions laying down detailed rules concerning the procedures under this Regulation; whereas, in order to provide for cooperation between the Commission and the competent authorities of the Member States, it is appropriate to create an Advisory Committee on State aid to be consulted before the Commission adopts provisions pursuant to this Regulation,
HAS ADOPTED THIS REGULATION:
CHAPTER I
GENERAL
Article 1
Definitions
For the purpose of this Regulation:
(a) 'aid` shall mean any measure fulfilling all the criteria laid down in Article 92(1) of the Treaty;
(b) 'existing aid` shall mean:
(i) without prejudice to Articles 144 and 172 of the Act of Accession of Austria, Finland and Sweden, all aid which existed prior to the entry into force of the Treaty in the respective Member States, that is to say, aid schemes and individual aid which were put into effect before, and are still applicable after, the entry into force of the Treaty;
(ii) authorised aid, that is to say, aid schemes and individual aid which have been authorised by the Commission or by the Council;
(iii) aid which is deemed to have been authorised pursuant to Article 4(6) of this Regulation or prior to this Regulation but in accordance with this procedure;
(iv) aid which is deemed to be existing aid pursuant to Article 15;
(v) aid which is deemed to be an existing aid because it can be established that at the time it was put into effect it did not constitute an aid, and subsequently became an aid due to the evolution of the common market and without having been altered by the Member State. Where certain measures become aid following the liberalisation of an activity by Community law, such measures shall not be considered as existing aid after the date fixed for liberalisation;
(c) 'new aid` shall mean all aid, that is to say, aid schemes and individual aid, which is not existing aid, including alterations to existing aid;
(d) 'aid scheme` shall mean any act on the basis of which, without further implementing measures being required, individual aid awards may be made to undertakings defined within the act in a general and abstract manner and any act on the basis of which aid which is not linked to a specific project may be awarded to one or several undertakings for an indefinite period of time and/or for an indefinite amount;
(e) 'individual aid` shall mean aid that is not awarded on the basis of an aid scheme and notifiable awards of aid on the basis of an aid scheme;
(f) 'unlawful aid` shall mean new aid put into effect in contravention of Article 93(3) of the Treaty;
(g) 'misuse of aid` shall mean aid used by the beneficiary in contravention of a decision taken pursuant to Article 4(3) or Article 7(3) or (4) of this Regulation;
(h) 'interested party` shall mean any Member State and any person, undertaking or association of undertakings whose interests might be affected by the granting of aid, in particular the beneficiary of the aid, competing undertakings and trade associations.
CHAPTER II
PROCEDURE REGARDING NOTIFIED AID
Article 2
Notification of new aid
1. Save as otherwise provided in regulations made pursuant to Article 94 of the Treaty or to other relevant provisions thereof, any plans to grant new aid shall be notified to the Commission in sufficient time by the Member State concerned. The Commission shall inform the Member State concerned without delay of the receipt of a notification.
2. In a notification, the Member State concerned shall provide all necessary information in order to enable the Commission to take a decision pursuant to Articles 4 and 7 (hereinafter referred to as 'complete notification`).
Article 3
Standstill clause
Aid notifiable pursuant to Article 2(1) shall not be put into effect before the Commission has taken, or is deemed to have taken, a decision authorising such aid.
Article 4
Preliminary examination of the notification and decisions of the Commission
1. The Commission shall examine the notification as soon as it is received. Without prejudice to Article 8, the Commission shall take a decision pursuant to paragraphs 2, 3 or 4.
2. Where the Commission, after a preliminary examination, finds that the notified measure does not constitute aid, it shall record that finding by way of a decision.
3. Where the Commission, after a preliminary examination, finds that no doubts are raised as to the compatibility with the common market of a notified measure, in so far as it falls within the scope of Article 92(1) of the Treaty, it shall decide that the measure is compatible with the common market (hereinafter referred to as a 'decision not to raise objections`). The decision shall specify which exception under the Treaty has been applied.
4. Where the Commission, after a preliminary examination, finds that doubts are raised as to the compatibility with the common market of a notified measure, it shall decide to initiate proceedings pursuant to Article 93(2) of the Treaty (hereinafter referred to as a 'decision to initiate the formal investigation procedure`).
5. The decisions referred to in paragraphs 2, 3 and 4 shall be taken within two months. That period shall begin on the day following the receipt of a complete notification. The notification will be considered as complete if, within two months from its receipt, or from the receipt of any additional information requested, the Commission does not request any further information. The period can be extended with the consent of both the Commission and the Member State concerned. Where appropriate, the Commission may fix shorter time limits.
6. Where the Commission has not taken a decision in accordance with paragraphs 2, 3 or 4 within the period laid down in paragraph 5, the aid shall be deemed to have been authorised by the Commission. The Member State concerned may thereupon implement the measures in question after giving the Commission prior notice thereof, unless the Commission takes a decision pursuant to this Article within a period of 15 working days following receipt of the notice.
Article 5
Request for information
1. Where the Commission considers that information provided by the Member State concerned with regard to a measure notified pursuant to Article 2 is incomplete, it shall request all necessary additional information. Where a Member State responds to such a request, the Commission shall inform the Member State of the receipt of the response.
2. Where the Member State concerned does not provide the information requested within the period prescribed by the Commission or provides incomplete information, the Commission shall send a reminder, allowing an appropriate additional period within which the information shall be provided.
3. The notification shall be deemed to be withdrawn if the requested information is not provided within the prescribed period, unless before the expiry of that period, either the period has been extended with the consent of both the Commission and the Member State concerned, or the Member State concerned, in a duly reasoned statement, informs the Commission that it considers the notification to be complete because the additional information requested is not available or has already been provided. In that case, the period referred to in Article 4(5) shall begin on the day following receipt of the statement. If the notification is deemed to be withdrawn, the Commission shall inform the Member State thereof.
Article 6
Formal investigation procedure
1. The decision to initiate the formal investigation procedure shall summarise the relevant issues of fact and law, shall include a preliminary assessment of the Commission as to the aid character of the proposed measure and shall set out the doubts as to its compatibility with the common market. The decision shall call upon the Member State concerned and upon other interested parties to submit comments within a prescribed period which shall normally not exceed one month. In duly justified cases, the Commission may extend the prescribed period.
2. The comments received shall be submitted to the Member State concerned. If an interested party so requests, on grounds of potential damage, its identity shall be withheld from the Member State concerned. The Member State concerned may reply to the comments submitted within a prescribed period which shall normally not exceed one month. In duly justified cases, the Commission may extend the prescribed period.
Article 7
Decisions of the Commission to close the formal investigation procedure
1. Without prejudice to Article 8, the formal investigation procedure shall be closed by means of a decision as provided for in paragraphs 2 to 5 of this Article.
2. Where the Commission finds that, where appropriate following modification by the Member State concerned, the notified measure does not constitute aid, it shall record that finding by way of a decision.
3. Where the Commission finds that, where appropriate following modification by the Member State concerned, the doubts as to the compatibility of the notified measure with the common market have been removed, it shall decide that the aid is compatible with the common market (hereinafter referred to as a 'positive decision`). That decision shall specify which exception under the Treaty has been applied.
4. The Commission may attach to a positive decision conditions subject to which an aid may be considered compatible with the common market and may lay down obligations to enable compliance with the decision to be monitored (hereinafter referred to as a 'conditional decision`).
5. Where the Commission finds that the notified aid is not compatible with the common market, it shall decide that the aid shall not be put into effect (hereinafter referred to as a 'negative decision`).
6. Decisions taken pursuant to paragraphs 2, 3, 4 and 5 shall be taken as soon as the doubts referred to in Article 4(4) have been removed. The Commission shall as far as possible endeavour to adopt a decision within a period of 18 months from the opening of the procedure. This time limit may be extended by common agreement between the Commission and the Member State concerned.
7. Once the time limit referred to in paragraph 6 has expired, and should the Member State concerned so request, the Commission shall, within two months, take a decision on the basis of the information available to it. If appropriate, where the information provided is not sufficient to establish compatibility, the Commission shall take a negative decision.
Article 8
Withdrawal of notification
1. The Member State concerned may withdraw the notification within the meaning of Article 2 in due time before the Commission has taken a decision pursuant to Article 4 or 7.
2. In cases where the Commission initiated the formal investigation procedure, the Commission shall close that procedure.
Article 9
Revocation of a decision
The Commission may revoke a decision taken pursuant to Article 4(2) or (3), or Article 7(2), (3), (4), after having given the Member State concerned the opportunity to submit its comments, where the decision was based on incorrect information provided during the procedure which was a determining factor for the decision. Before revoking a decision and taking a new decision, the Commission shall open the formal investigation procedure pursuant to Article 4(4). Articles 6, 7 and 10, Article 11(1), Articles 13, 14 and 15 shall apply mutatis mutandis.
CHAPTER III
PROCEDURE REGARDING UNLAWFUL AID
Article 10
Examination, request for information and information injunction
1. Where the Commission has in its possession information from whatever source regarding alleged unlawful aid, it shall examine that information without delay.
2. If necessary, it shall request information from the Member State concerned. Article 2(2) and Article 5(1) and (2) shall apply mutatis mutandis.
3. Where, despite a reminder pursuant to Article 5(2), the Member State concerned does not provide the information requested within the period prescribed by the Commission, or where it provides incomplete information, the Commission shall by decision require the information to be provided (hereinafter referred to as an 'information injunction`). The decision shall specify what information is required and prescribe an appropriate period within which it is to be supplied.
Article 11
Injunction to suspend or provisionally recover aid
1. The Commission may, after giving the Member State concerned the opportunity to submit its comments, adopt a decision requiring the Member State to suspend any unlawful aid until the Commission has taken a decision on the compatibility of the aid with the common market (hereinafter referred to as a 'suspension injunction`).
2. The Commission may, after giving the Member State concerned the opportunity to submit its comments, adopt a decision requiring the Member State provisionally to recover any unlawful aid until the Commission has taken a decision on the compatibility of the aid with the common market (hereinafter referred to as a 'recovery injunction`), if the following criteria are fulfilled:
- according to an established practice there are no doubts about the aid character of the measure concerned
and
- there is an urgency to act
and
- there is a serious risk of substantial and irreparable damage to a competitor.
Recovery shall be effected in accordance with the procedure set out in Article 14(2) and (3). After the aid has been effectively recovered, the Commission shall take a decision within the time limits applicable to notified aid.
The Commission may authorise the Member State to couple the refunding of the aid with the payment of rescue aid to the firm concerned.
The provisions of this paragraph shall be applicable only to unlawful aid implemented after the entry into force of this Regulation.
Article 12
Non-compliance with an injunction decision
If the Member State fails to comply with a suspension injunction or a recovery injunction, the Commission shall be entitled, while carrying out the examination on the substance of the matter on the basis of the information available, to refer the matter to the Court of Justice of the European Communities direct and apply for a declaration that the failure to comply constitutes an infringement of the Treaty.
Article 13
Decisions of the Commission
1. The examination of possible unlawful aid shall result in a decision pursuant to Article 4(2), (3) or (4). In the case of decisions to initiate the formal investigation procedure, proceedings shall be closed by means of a decision pursuant to Article 7. If a Member State fails to comply with an information injunction, that decision shall be taken on the basis of the information available.
2. In cases of possible unlawful aid and without prejudice to Article 11(2), the Commission shall not be bound by the time-limit set out in Articles 4(5), 7(6) and 7(7).
3. Article 9 shall apply mutatis mutandis.
Article 14
Recovery of aid
1. Where negative decisions are taken in cases of unlawful aid, the Commission shall decide that the Member State concerned shall take all necessary measures to recover the aid from the beneficiary (hereinafter referred to as a 'recovery decision`). The Commission shall not require recovery of the aid if this would be contrary to a general principle of Community law.
2. The aid to be recovered pursuant to a recovery decision shall include interest at an appropriate rate fixed by the Commission. Interest shall be payable from the date on which the unlawful aid was at the disposal of the beneficiary until the date of its recovery.
3. Without prejudice to any order of the Court of Justice of the European Communities pursuant to Article 185 of the Treaty, recovery shall be effected without delay and in accordance with the procedures under the national law of the Member State concerned, provided that they allow the immediate and effective execution of the Commission's decision. To this effect and in the event of a procedure before national courts, the Member States concerned shall take all necessary steps which are available in their respective legal systems, including provisional measures, without prejudice to Community law.
Article 15
Limitation period
1. The powers of the Commission to recover aid shall be subject to a limitation period of ten years.
2. The limitation period shall begin on the day on which the unlawful aid is awarded to the beneficiary either as individual aid or as aid under an aid scheme. Any action taken by the Commission or by a Member State, acting at the request of the Commission, with regard to the unlawful aid shall interrupt the limitation period. Each interruption shall start time running afresh. The limitation period shall be suspended for as long as the decision of the Commission is the subject of proceedings pending before the Court of Justice of the European Communities.
3. Any aid with regard to which the limitation period has expired, shall be deemed to be existing aid.
CHAPTER IV
PROCEDURE REGARDING MISUSE OF AID
Article 16
Misuse of aid
Without prejudice to Article 23, the Commission may in cases of misuse of aid open the formal investigation procedure pursuant to Article 4(4). Articles 6, 7, 9 and 10, Article 11(1), Articles 12, 13, 14 and 15 shall apply mutatis mutandis.
CHAPTER V
PROCEDURE REGARDING EXISTING AID SCHEMES
Article 17
Cooperation pursuant to Article 93(1) of the Treaty
1. The Commission shall obtain from the Member State concerned all necessary information for the review, in cooperation with the Member State, of existing aid schemes pursuant to Article 93(1) of the Treaty.
2. Where the Commission considers that an existing aid scheme is not, or is no longer, compatible with the common market, it shall inform the Member State concerned of its preliminary view and give the Member State concerned the opportunity to submit its comments within a period of one month. In duly justified cases, the Commission may extend this period.
Article 18
Proposal for appropriate measures
Where the Commission, in the light of the information submitted by the Member State pursuant to Article 17, concludes that the existing aid scheme is not, or is no longer, compatible with the common market, it shall issue a recommendation proposing appropriate measures to the Member State concerned. The recommendation may propose, in particular:
(a) substantive amendment of the aid scheme,
or
(b) introduction of procedural requirements,
or
(c) abolition of the aid scheme.
Article 19
Legal consequences of a proposal for appropriate measures
1. Where the Member State concerned accepts the proposed measures and informs the Commission thereof, the Commission shall record that finding and inform the Member State thereof. The Member State shall be bound by its acceptance to implement the appropriate measures.
2. Where the Member State concerned does not accept the proposed measures and the Commission, having taken into account the arguments of the Member State concerned, still considers that those measures are necessary, it shall initiate proceedings pursuant to Article 4(4). Articles 6, 7 and 9 shall apply mutatis mutandis.
CHAPTER VI
INTERESTED PARTIES
Article 20
Rights of interested parties
1. Any interested party may submit comments pursuant to Article 6 following a Commission decision to initiate the formal investigation procedure. Any interested party which has submitted such comments and any beneficiary of individual aid shall be sent a copy of the decision taken by the Commission pursuant to Article 7.
2. Any interested party may inform the Commission of any alleged unlawful aid and any alleged misuse of aid. Where the Commission considers that on the basis of the information in its possession there are insufficient grounds for taking a view on the case, it shall inform the interested party thereof. Where the Commission takes a decision on a case concerning the subject matter of the information supplied, it shall send a copy of that decision to the interested party.
3. At its request, any interested party shall obtain a copy of any decision pursuant to Articles 4 and 7, Article 10(3) and Article 11.
CHAPTER VII
MONITORING
Article 21
Annual reports
1. Member States shall submit to the Commission annual reports on all existing aid schemes with regard to which no specific reporting obligations have been imposed in a conditional decision pursuant to Article 7(4).
2. Where, despite a reminder, the Member State concerned fails to submit an annual report, the Commission may proceed in accordance with Article 18 with regard to the aid scheme concerned.
Article 22
On-site monitoring
1. Where the Commission has serious doubts as to whether decisions not to raise objections, positive decisions or conditional decisions with regard to individual aid are being complied with, the Member State concerned, after having been given the opportunity to submit its comments, shall allow the Commission to undertake on-site monitoring visits.
2. The officials authorised by the Commission shall be empowered, in order to verify compliance with the decision concerned:
(a) to enter any premises and land of the undertaking concerned;
(b) to ask for oral explanations on the spot;
(c) to examine books and other business records and take, or demand, copies.
The Commission may be assisted if necessary by independent experts.
3. The Commission shall inform the Member State concerned, in good time and in writing, of the on-site monitoring visit and of the identities of the authorised officials and experts. If the Member State has duly justified objections to the Commission's choice of experts, the experts shall be appointed in common agreement with the Member State. The officials of the Commission and the experts authorised to carry out the on-site monitoring shall produce an authorisation in writing specifying the subject-matter and purpose of the visit.
4. Officials authorised by the Member State in whose territory the monitoring visit is to be made may be present at the monitoring visit.
5. The Commission shall provide the Member State with a copy of any report produced as a result of the monitoring visit.
6. Where an undertaking opposes a monitoring visit ordered by a Commission decision pursuant to this Article, the Member State concerned shall afford the necessary assistance to the officials and experts authorised by the Commission to enable them to carry out the monitoring visit. To this end the Member States shall, after consulting the Commission, take the necessary measures within eighteen months after the entry into force of this Regulation.
Article 23
Non-compliance with decisions and judgments
1. Where the Member State concerned does not comply with conditional or negative decisions, in particular in cases referred to in Article 14, the Commission may refer the matter to the Court of Justice of the European Communities direct in accordance with Article 93(2) of the Treaty.
2. If the Commission considers that the Member State concerned has not complied with a judgment of the Court of Justice of the European Communities, the Commission may pursue the matter in accordance with Article 171 of the Treaty.
CHAPTER VIII
COMMON PROVISIONS
Article 24
Professional secrecy
The Commission and the Member States, their officials and other servants, including independent experts appointed by the Commission, shall not disclose information which they have acquired through the application of this Regulation and which is covered by the obligation of professional secrecy.
Article 25
Addressee of decisions
Decisions taken pursuant to Chapters II, III, IV, V and VII shall be addressed to the Member State concerned. The Commission shall notify them to the Member State concerned without delay and give the latter the opportunity to indicate the Commission which information it considers to be covered by the obligation of professional secrecy.
Article 26
Publication of decisions
1. The Commission shall publish in the Official Journal of the European Communities a summary notice of the decisions which it takes pursuant to Article 4(2) and (3) and Article 18 in conjunction with Article 19(1). The summary notice shall state that a copy of the decision may be obtained in the authentic language version or versions.
2. The Commission shall publish in the Official Journal of the European Communities the decisions which it takes pursuant to Article 4(4) in their authentic language version. In the Official Journal published in languages other than the authentic language version, the authentic language version will be accompanied by a meaningful summary in the language of that Official Journal.
3. The Commission shall publish in the Official Journal of the European Communities the decisions which it takes pursuant to Article 7.
4. In cases where Article 4(6) or Article 8(2) applies, a short notice shall be published in the Official Journal of the European Communities.
5. The Council, acting unanimously, may decide to publish decisions pursuant to the third subparagraph of Article 93(2) of the Treaty in the Official Journal of the European Communities.
Article 27
Implementing provisions
The Commission, acting in accordance with the procedure laid down in Article 29, shall have the power to adopt implementing provisions concerning the form, content and other details of notifications, the form, content and other details of annual reports, details of time-limits and the calculation of time-limits, and the interest rate referred to in Article 14(2).
Article 28
Advisory Committee on State aid
An Advisory Committee on State aid (hereinafter referred to as the 'Committee`) shall be set up. It shall be composed of representatives of the Member States and chaired by the representative of the Commission.
Article 29
Consultation of the Committee
1. The Commission shall consult the Committee before adopting any implementing provision pursuant to Article 27.
2. Consultation of the Committee shall take place at a meeting called by the Commission. The drafts and documents to be examined shall be annexed to the notification. The meeting shall take place no earlier than two months after notification has been sent. This period may be reduced in the case of urgency.
3. The Commission representative shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver an opinion on the draft, within a time-limit which the chairman may lay down according to the urgency of the matter, if necessary by taking a vote.
4. The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask to have its position recorded in the minutes. The Committee may recommend the publication of this opinion in the Official Journal of the European Communities.
5. The Commission shall take the utmost account of the opinion delivered by the Committee. It shall inform the Committee on the manner in which its opinion has been taken into account.
Article 30
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 March 1999. | [
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COMMISSION REGULATION (EC) No 153/98 of 22 January 1998 fixing the minimum selling prices for beef put up for sale under the invitation to tender referred to in Regulation (EC) No 2556/97
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 2634/97 (2), and in particular Article 7(3) thereof,
Whereas tenders have been invited for certain quantities of beef fixed by Commission Regulation (EC) No 2556/97 (3);
Whereas, pursuant to Article 9 of Commission Regulation (EEC) No 2173/79 (4), as last amended by Regulation (EC) No 2417/95 (5), the minimum selling prices for meat put up for sale by tender should be fixed, taking into account tenders submitted;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,
HAS ADOPTED THIS REGULATION:
Article 1
The minimum selling prices for beef for the invitation to tender held in accordance with Regulation (EC) No 2556/97 for which the time limit for the submission of tenders was 8 January 1998 are as set out in 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, 22 January 1998. | [
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COMMISSION REGULATION (EC) No 1178/2008
of 28 November 2008
amending Council Regulation (EC) No 1165/98 concerning short-term statistics and Commission Regulations (EC) No 1503/2006 and (EC) No 657/2007 as regards adaptations following the revision of statistical classifications NACE and CPA
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1165/98 of 19 May 1998 concerning short-term statistics (1), and in particular Article 17 indents (b), (e) and (j) thereof,
Whereas:
(1)
Regulation (EC) No 1165/98 established a common framework for the production of short-term Community statistics on the business cycle.
(2)
Commission Regulation (EC) No 1503/2006 of 28 September 2006, implementing and amending Council Regulation (EC) No 1165/98 concerning short-term statistics as regards definitions of variables, list of variables and frequency of data compilation (2), provided methodological definitions of variables used in short-term statistics.
(3)
Commission Regulation (EC) No 657/2007 of 14 June 2007, implementing Council Regulation (EC) No 1165/98 concerning short-term statistics as regards the establishment of European sample schemes (3), specified the rules and conditions with regard to transmission of data by Member States participating in European sample schemes for short-term statistics.
(4)
It is necessary to update the list of variables, the levels of breakdown and aggregation to be applied to certain variables and the rules and conditions for the European sample schemes following the adoption of Regulation (EC) No 1893/2006 of the European Parliament and of the Council of 20 December 2006, establishing the statistical classification of economic activities NACE Revision 2 and amending Council Regulation (EEC) No 3037/90 as well as certain EC Regulations on specific statistical domains (4), and Regulation (EC) No 451/2008 of the European Parliament and of the Council of 23 April 2008, establishing a new statistical classification of products by activity (CPA) and repealing Council Regulation (EEC) No 3696/93 (5).
(5)
The measures provided for in this Regulation are in accordance with the opinion of the Statistical Programme Committee,
HAS ADOPTED THIS REGULATION:
Article 1
Amendment to Regulation (EC) No 1165/98
Annex A to Regulation (EC) No 1165/98 is amended in accordance with Annex I to this Regulation.
Article 2
Amendment to Regulation (EC) No 1503/2006
Annex I to Regulation (EC) No 1503/2006 is amended in accordance with Annex II to this Regulation.
Article 3
Amendment to Regulation (EC) No 657/2007
The Annex to Regulation (EC) No 657/2007 is replaced by Annex III to this Regulation.
Article 4
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 1 January 2009.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COMMISSION REGULATION (EC) No 1527/2005
of 20 September 2005
fixing the export refunds on pigmeat
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2759/75 of 29 October 1975 on the common organisation of the market in pigmeat (1), and in particular the second paragraph of Article 13(3) thereof,
Whereas:
(1)
Article 13 of Regulation (EEC) No 2759/75 provides that the difference between prices on the world market for the products listed in Article 1(1) of that Regulation and prices for these products within the Community may be covered by an export refund.
(2)
It follows from applying these rules and criteria to the present situation on the market in pigmeat that the refund should be fixed as set out below.
(3)
In the case of products falling within CN code 0210 19 81, the refund should be limited to an amount which takes account of the qualitative characteristics of each of the products falling within these codes and of the foreseeable trend of production costs on the world market. It is important that the Community should continue to take part in international trade in the case of certain typical Italian products falling within CN code 0210 19 81.
(4)
Because of the conditions of competition in certain third countries, which are traditionally importers of products falling within CN codes 1601 00 and 1602, the refund for these products should be fixed so as to take this situation into account. Steps should be taken to ensure that the refund is granted only for the net weight of the edible substances, to the exclusion of the net weight of the bones possibly contained in the said preparations.
(5)
Article 13 of Regulation (EEC) No 2759/75 provides that the world market situation or the specific requirements of certain markets may make it necessary to vary the refund on the products listed in Article 1 of Regulation (EEC) No 2759/75 according to destination.
(6)
The refunds should be fixed taking account of the amendments to the refund nomenclature established by Commission Regulation (EEC) No 3846/87 (2).
(7)
Refunds should be granted only on products that are allowed to circulate freely within the Community. Therefore, to be eligible for a refund, products should be required to bear the health mark laid down in Council Directive 64/433/EEC (3), Council Directive 94/65/EC (4) and Council Directive 77/99/EEC (5).
(8)
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
The list of products on which the export refund specified in Article 13 of Regulation (EEC) No 2759/75 is granted and the amount of the refund shall be as set out in the Annex hereto.
The products concerned must comply with the relevant provisions on health marks laid down in:
-
Chapter XI of Annex I to Directive 64/433/EEC,
-
Chapter VI of Annex I to Directive 94/65/EC,
-
Chapter VI of Annex B to Directive 77/99/EEC.
Article 2
This Regulation shall enter into force on 21 September 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COMMISSION DIRECTIVE 97/6/EC of 30 January 1997 amending Council Directive 70/524/EEC concerning additives in feedingstuffs (Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 70/524/EEC of 23 November 1970 concerning additives in feedingstuffs (1), as last amended by Commission Directive 96/66/EC (2), and in particular Article 11 thereof,
Whereas, pursuant to Article 11 of Directive 70/524/EEC, a Member State which, as a result of new information or of a reassessment of existing information made since the provisions in question were adopted, has detailed grounds for establishing that the use of one of the additives listed in Annex I constitutes a danger to animal or human health or the environment may temporarily suspend the authorization to use that additive;
Whereas Denmark and Germany prohibited the use on their territories of the antibiotic avoparcin in animal feedingstuffs on 20 May 1995 and 19 January 1996 respectively; whereas in accordance with the provisions of Directive 70/524/EEC these two Member States each notified the other Member States and the Commission of the reasons for their decision, duly substantiated by detailed arguments; whereas this information was transmitted by Denmark on 20 May and 13 July 1995, and by Germany on 5 March 1996;
Whereas Denmark and Germany, arguing that, through the feed given to animals, this glycopeptide antibiotic produces resistance to glycopeptides used in human medicine, take the view that avoparcin presents a danger for human health; whereas in their view this transfer of resistance may limit the effectiveness of a major category of antibiotics reserved exclusively for the treatment or prevention of serious infections in humans and consequently one of the conditions required under Directive 70/524/EEC for authorizing the use of an additive is not met;
Whereas the Commission has consulted the Scientific Committee on Animal Nutrition; whereas, after thoroughly examining the situation, that Committee has concluded, in the opinion expressed on 21 May 1996, that, given the absence of elements critical to establishing cause and effect with regard to a role for glycopeptide resistant organisms of animal origin (enterococci) or their genes in human disease, it is not necessary to reserve the use of glycopeptides exclusively for human medicine; whereas, however, the Committee accepts that the reports from Denmark and Germany raise serious questions, and states that it would propose that the feed-additive use of avoparcin be reconsidered at once should it be shown that transfer of resistance were possible from animal to man; whereas, moreover, as a precautionary measure, the Committee recommends that no further glycopeptide sharing the same site and mechanism of antibiotic action as avoparcin should be approved until it is satisfied with the results of research still to be carried out;
Whereas, while there are insufficient data to establish conclusively the risk of transfer of resistance invoked by Germany and Denmark, available evidence does not allow the risk to be excluded with certainty, in the absence of further scientific information;
Whereas various investigations should be undertaken to pinpoint the problem of possible resistance to antibiotics induced by the use of additives in animal feed and transferred to man; whereas a scheme for the surveillance of microbial resistance in animals which receive antibiotics must be swiftly established;
Whereas in this climate of uncertainty it is preferable to show extreme caution, and to avoid taking any risk of reducing the effectiveness of certain glycopeptides, such as vancomycin, which are essential in human medicine;
Whereas the prohibition on the use of avoparcin ought to be perceived as an interim protective measure taken as a precaution, which could be reconsidered were the doubts expressed about additive use of avoparcin to be dissipated in the light of the investigations which will have been carried out and of the surveillance programme which will have been established;
Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Feedingstuffs,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Annex I to Directive 70/524/EEC is hereby amended as set out in the Annex hereto.
Article 2
The Commission reexamines before 31 December 1998 the provisions of the present Directive on the basis of the results given by:
- the different investigations concerning the development of resistance by the use of antibiotics, in particular glycopeptides, and
- the surveillance programme of microbial resistance in animals which have received antibiotics, to be carried out in particular by the persons responsible for putting the concerned additives into circulation.
Article 3
1. Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with the Annex to this Directive by 1 April 1997. They shall immediately inform the Commission thereof.
When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.
2. Member States shall communicate to the Commission the text of the main provisions of domestic law which they adopt in the field governed by this Directive.
Article 4
This Directive shall enter into force on the third day following its publication in the Official Journal of the European Communities.
Article 5
This Directive is addressed to the Member States.
Done at Brussels, 30 January 1997. | [
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*****
COMMISSION DECISION
of 27 July 1990
relating to a proceeding under Article 85 of the EEC Treaty
(IV/32.688 - Konsortium ECR 900)
(Only the English, Dutch and German texts are authentic)
(90/446/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation No 17 of 6 February 1962, First Regulation implementing Articles 85 and 86 of the Treaty (1), as last amended by the Act of Accession of Spain and Portugal, and in particular Article 2 thereof,
Having regard to the notification of a cooperation agreement on 7 April 1988 by the firms AEG Aktiengesellschaft, Alcatel NV and Oy Nokia AB,
Having published a summary of the notification (2) pursuant to Article 19 (3) of Regulation No 17,
Having consulted the Advisory Committee on Restrictive Practices and Dominant Positions,
Whereas:
I. THE FACTS
A. Subject of the notification
On 7 April 1988, AEG Aktiengesellschaft, Alcatel NV and Oy Nokia notified a cooperation agreement concluded by them. The cooperation between the undertakings relates to the formation of a consortium, ECR 900, for the joint development and manufacture and the joint distribution of a pan-European digital cellular mobile telephone system. The cooperation does not include the end products (mobile telephones) through which users are connected to the system.
B. The undertakings concerned
(1) AEG Aktiengesellschaft ('AEG'), whose head office is in Frankfurt, Federal Republic of Germany, is a group owned on a majority holding basis by the Daimler-Benz AG group, whose head office is in Stuttgart-Untertuerkheim, Federal Republic of Germany. AEG's activities include automation systems, electrical tools, energy distribution, household equipment and high-frequency, industrial, information and communications technology.
(2) Alcatel NV ('Alcatel'), whose head office is in Amsterdam, Netherlands, is owned on a majority holding basis by the CGE group, whose head office is in Paris, France. Alcatel's activities comprise communications systems and information technology.
(3) Oy Nokia AB ('Nokia'), whose head office is in Helsinki, Finland, does not belong to any other group, but is an independent group of undertakings. Its activities include information systems, telecommunications, mobile telephones and consumer electronics.
C. Description of the telephone system
(1) In the 'CEPT-Memorandum of Understanding' of 7 September 1987 (3), the signatories agreed to introduce a pan-European public digital cellular mobile telecommunications service in their countries in 1991. The planned telephone system, known as the GSM ('Groupe spécial mobile') system, is a new communications system which does not yet exist.
(2) The system uses a new, digital, cellular technique to improve communication between the users of a mobile telephone network in numerous respects: there is a substantial improvement in speech quality and an increase in the total number of users. The system allows additional data and information technology services to be linked up and new protective arrangements to be included (authentication to prevent misuse of users' appliances and encoding to prevent unauthorized interception of communications). The agreement of virtually all the network operators in Europe on the hardware and software interfaces of the system removes all the communication obstacles created by differences in systems across geographical frontiers and opens up the way for a single European communication network which would, for example, allow a user to be contacted anywhere in Europe ('roaming').
(3) Through predefinition of the GSM system on the basis of a uniform standard with two to three specified interfaces, it is ensured that the development work will result in a uniform system. However, the system does not require uniform technology, but allows room for the development of different system components. The differing specified interfaces allow the compatibility of all system components, which means that they provide the opportunity of combining parts from different manufacturers.
D. Demand and supply in respect of the GSM system
The only potential buyers in the network area covered by the GSM system are at present the national network operators in the CEPT countries and the undertakings acting on their behalf (in the Federal Republic of Germany, for example, Detecon, a telecommunications consultancy firm).
Demand for all and/or part of the system is channeled through invitations to tender. Thus, a series of invitations to tender was published in the Supplement to the Official Journal of the European Communities of 5 January 1988 (No 2/59).
The invitations to tender involve orders for supply and installation and not development orders. The objective is the delivery, installation and operation of the equipment by the first quarter of 1991. The mobile telephones themselves are not covered by the invitations to tender.
In addition to the undertakings making the notification, the following consortia and individual firms have emerged as suppliers:
- Philips/Siemens respectively Philips/Bosch/Siemens,
- Bosch/Philips,
- Matra-Ericsson,
- Ericsson/Orbitel,
- Ericsson/Matra/Ascom Hasler,
- Orbitel/Matra/Ericsson,
- Orbitel (Racal/Plessey),
- Motorola (employing system components acquired from third parties).
E. Content of the cooperation agreement
(1) The parties to the agreement have agreed to cooperate in the development and manufacture of the GSM system and parts thereof, in the further definition and adjustment of technical specifications and in the joint and exclusive distribution of the system and parts thereof in CEPT countries in accordance with the cooperation agreement.
(2) The parties are setting up a consortium known as ECR 900 for the purpose of the submission of tenders for the GSM system in invitations to tender.
Commitments in respect of CEPT countries require the prior written agreement of all the parties. However, if one of the parties does not wish to participate in a tender or contract, the other parties are free to do so.
(3) During the term of the agreement, the parties are prohibited from submitting other tenders or concluding contracts in the CEPT countries in respect of the GSM system.
(4) Outside of the CEPT countries, each party is entitled to pursue business in respect of those parts of the GSM system in whose development it was involved.
(5) (a) In the case of development activities in which several parties were involved, all the technical documentation is to be exchanged on a permanent and cost-free basis between the parties concerned until such time as the technical documentation for series production is completed.
(b) In the case of development activities in which only one party is involved, there will be no exchange of technical documentation.
(6) (a) Up until eight months before expiry of the agreement, the parties are prohibited from using technical documentation obtained pursuant to point 5 (a) in order to manufacture the GSM system or parts thereof for sale in CEPT countries.
(b) After expiry of the agreement, each party has the non-exclusive right to use the technical documentation obtained pursuant to point 5 (a) in order to manufacture the GSM system or parts thereof for sale in any country.
(c) Within a period of five years following expiry of the agreement, however, the grant to third parties of a sublicence in respect of the abovementioned right requires the prior agreement of the party concerned, with any licence fees being divided equally between them.
After the end of such period, the parties are free to grant sublicences without sharing the fees.
(d) Where a party is excluded on the grounds of breach of contract, the party excluded loses the right to use the technical documentation acquired. (7) The agreement may be terminated by each party for the first time on 31 December 1993 and thereafter at the end of each year. In such an event, the other parties may decide to continue the agreement.
The agreement ends automatically on 31 December 1992 if the French or German or any other important postal authority of a CEPT country has not selected the GSM system for its market.
F. The Commission did not receive any observations from interested third parties following publication of the notice required by Article 19 (3) of Regulation No 17.
II. LEGAL ASSESSMENT
Article 85 (1)
The cooperation agreement notified is not under the present circumstances caught by Article 85 (1).
(1) The parties to the agreement are undertakings, and the notified agreement is an agreement between undertakings within the meaning of Article 85 (1).
(2) The agreement does not have as its object or effect the restriction of competition within the common market, for the following reasons:
(a) Joint development and manufacture of the GSM system
The parties to the agreement have agreed to cooperate on the development and manufacture of the GSM system. Such an agreement does not constitute a restriction of competition. The facts show that development and manufacture by individual companies would not take place because of the high cost involved. The invitations to tender by the telecommunications administrations published on 5 January 1988 lay down tight deadlines. The invitation to tender for Denmark provides for the pilot system to be supplied by the end of October 1988, and the invitation to tender for the United Kingdom provides for the complete testing of the development system by 30 June 1989. By mid-1990, an initial pilot system is to have been set up for test purposes in the countries involved in the invitations to tender, and the supply, installation and operation of the equipment is scheduled for the first quarter of 1991. The parties to the agreement would therefore hardly be able to comply with the timetable laid down if they were to proceed individually.
Furthermore, the financial expenditure and the staff required in the development and manufacture of the GSM system is so great that realistically there is no scope for companies to act individually.
The development costs are estimated by the parties to the agreement at some DM 300 to 500 million. Because of the time schedule laid down, this amount cannot be spread over a longer period, but must be raised in the period up to the installation of the pilot system in 1990, while the amortization of the investment in the event of a bid award will be long term. In the event of a bid award to one of the competitors, amortization may indeed be entirely open to question. As far as the staffing requirements are concerned, only a limited number of sufficiently qualified engineers are available for the development of the GSM system, and this limited number cannot be increased in the short term.
Lastly, for objective economic reasons, the parties to the agreement cannot be expected to bear the financial risk involved in the development and manufacture of the GSM system alone.
The relevant market is characterized by narrowly limited demand. At present, the only potential customers are 15 national network operators in the CEPT countries, or the undertakings acting for them, with the result that the suppliers' prospects of achieving a bid award are only limited. Only if they achieve a bid award will the suppliers be able to amortize the extremely high development costs, since the results of the development work will have only limited use outside the field covered by the invitations to tender. This real and serious economic risk can be borne only if the parties to the agreement bear the costs jointly.
It is noteworthy in this context that, in their invitations to tender, the national telecommunications administrations expressly refer to consortia and bidding syndicates.
No single member of the consortium would therefore be able to use its own production improved by individual development in order to achieve a competitive advantage over the other members.
The obligation to engage in joint development and manufacture of the GSM system therefore does not restrict competition within the common market.
(b) Joint distribution of the GSM system
As a result of the joint distribution requirement in the CEPT countries, the parties to the agreement are prevented during the term of the agreement from competing with one another in the sale of the products in such countries, which include all the Member States. However, this requirement does not amount to a restriction of competition. For the reasons specified above, the parties to the agreement acting on their own would not be in a position to provide a viable source of supply for individual distribution of the GSM system.
(c) Ban on the use of technical documentation
Where a party is excluded because of infringement of the agreement, such party loses the right to use the technical documentation supplied to him and hence the possibility of manufacturing and distributing competing products with the help of such documentation.
However, this ban does not create any restriction of competition within the meaning of Article 85 (1). The party in breach of the agreement, having failed to fulfil his obligations vis-à-vis the other parties and to perform his contribution to achieving the joint task, would, if allowed to use the technical documentation, receive unjustified benefits which would lead to an undeserved competitive advantage vis-à-vis the other parties. Such competition not based on performance is not protected by Article 85.
(3) This legal assessment is based on the circumstances set out above. Should there be any change in the actual circumstances, there is nothing to prevent the Commission from re-examining the case,
HAS ADOPTED THIS DECISION:
Article 1
On the basis of the facts known to it, the Commission sees no reason to take any action under Article 85 (1) of the EEC Treaty against the cooperation agreement concluded by the firms AEG Aktiengesellschaft, Alcatel NV and Oy Nokia AB on 21 December 1987.
Article 2
This Decision is addressed to the following undertakings:
1. AEG Aktiengesellschaft
Theodor-Stern-Kai 1
D-6000 Frankfurt/Main 70,
2. Alcatel NV
Strawinskylaan 537
NL-1077 XX Amsterdam,
3. Oy Nokia AB
Mikonkatu 15 A
Helsinki, Finland.
Done at Brussels, 27 July 1990. | [
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Commission Regulation (EC) No 285/2003
of 14 February 2003
on the issue of import licences for sheepmeat and goatmeat products under GATT-WTO non-country-specific tariff quotas for the first quarter of 2003
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 1439/95 of 26 June 1995 laying down detailed rules for the application of Council Regulation (EC) No 2467/98 as regards the import and export of products in the sheepmeat and goatmeat sector(1), as last amended by Regulation (EC) No 272/2001(2), and in particular Article 16(4) thereof,
Whereas:
(1) Title II B of Regulation (EC) No 1439/95 contains detailed rules for imports under GATT/WTO non-country-specific tariff quotas. Under Article 16(4) of Regulation (EC) No 1439/95, it is necessary to decide the extent to which import licences may be issued for applications lodged for the first quarter of 2003.
(2) Under Article 15 of Regulation (EC) No 1439/95, the maximum quantity available for the first quarter of 2003 is one quarter of the total quota for the current year. Accordingly, the quantity available for the first quarter of 2003 is limited to 125 tonnes for quota No 09.4147 (countries in group 4) and 50 tonnes for quota No 09.4037 (countries in group 5) in the Annex to Commission Regulation (EC) No 2366/2002 of 27 December 2002 opening Community tariff quotas for 2003 for sheep, goats, sheepmeat and goatmeat(3).
(3) If the quantities covered by licence applications exceed the quantities which may be imported under Article 15 of Regulation (EC) No 1439/95, those quantities should be reduced by a single percentage in accordance with Article 16(4)(b) of that Regulation.
(4) If the quantities covered by licence applications do not exceed the quantities provided for in Regulation (EC) No 1439/95, then all the licence applications may be accepted for the full quantity.
(5) The quantities applied for between 1 and 10 January 2003 were 33967 tonnes for group 4 and 129333 tonnes for group 5. In view of the quantities available for the first quarter, the acceptance percentage shall be 100 % for group 4 and 38,6599 % for group 5.
(6) Licences may be used only for products meeting all the requirements of the veterinary rules currently in force in the Community.
(7) Applications have been lodged in Germany and France for products originating in South Africa, and in Greece and Italy for products originating in Namibia,
HAS ADOPTED THIS REGULATION:
Article 1
In accordance with Article 16(5) of Regulation (EC) No 1439/95, Germany may issue import licences as provided for in Title II B of that Regulation for which applications were lodged between 1 and 10 January 2003. The following quantities shall be authorised:
Member State: Germany - 1 January tot 31 March - Import terms
TABLE
Article 2
In accordance with Article 16(5) of Regulation (EC) No 1439/95, Greece may issue import licences as provided for in Title II B of that Regulation for which applications were lodged between 1 and 10 January 2003. The following quantities shall be authorised:
Member State: Greece - 1 January to 31 March - Import terms
TABLE
Article 3
In accordance with Article 16(5) of Regulation (EC) No 1439/95, France may issue import licences as provided for in Title II B of that Regulation for which applications were lodged between 1 and 10 January 2003. The following quantities shall be authorised:
Member State: France - 1 January to 31 March - Import terms
TABLE
Article 4
In accordance with Article 16(5) of Regulation (EC) No 1439/95, Italy may issue import licences as provided for in Title II B of that Regulation for which applications were lodged between 1 and 10 January 2003. The following quantities shall be authorised:
Member State: Italy - 1 January to 31 March - Import terms
TABLE
Article 5
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
It shall apply from 25 January 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COMMISSION REGULATION (EC) No 688/2007
of 19 June 2007
amending Regulation (EC) No 2771/1999 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 September 2006.
(2)
Given the situation on the butter market and the quantities of butter in intervention storage it is appropriate that butter in storage before 1 June 2007 should be available for sale.
(3)
Regulation (EC) No 2771/1999 should therefore be amended 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
In Article 21 of Regulation (EC) No 2771/1999, ‘1 September 2006’ is replaced by ‘1 June 2007’.
Article 2
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.
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Decision No 451/2003/EC of the European Parliament and of the Council
of 27 February 2003
amending Decision No 253/2000/EC establishing the second phase of the Community action programme in the field of education "Socrates"
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Articles 149 and 150 thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the European Economic and Social Committee(2),
After consulting the Committee of the Regions,
Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),
Whereas:
(1) Section IV, Point B.2 of the Annex to Decision No 253/2000/EC of the European Parliament and of the Council(4) establishes that Community assistance towards the realisation of projects selected for funding under the Community action programme in the field of education "Socrates" (hereinafter referred to as the "programme") will not normally exceed 75 % of the total costs of the project, except in the case of accompanying measures.
(2) Decision No 819/95/EC of the European Parliament and of the Council of 14 March 1995 establishing the Community action programme "Socrates"(5) did not stipulate a minimum level of cofinancing.
(3) Projects within the decentralised actions of the programme cannot be realised without a significant contribution in the form of staff time and infrastructure support from the organisations involved in the project partnership. The Community assistance granted to these projects does not cover the costs of the contributions of such staff, but may cover up to 100 % of the other costs incurred in realising the project.
(4) The target group for such projects is primarily small institutions such as schools and adult education institutes, which generally have limited administrative resources.
(5) The Community has not previously required institutions participating in projects within the decentralised actions of the programme to provide information about the cost of the contribution of the staff they employ towards the realisation of the projects.
(6) The sums granted as Community assistance to projects within the decentralised actions of the programme are small, averaging EUR 3315 in 2000.
(7) The European Parliament in its Resolution of 28 February 2002 on the implementation of the Socrates programme has expressed concern about the disproportionately onerous administrative procedures for beneficiaries of small grants, especially under the Comenius action, and has called on the Commission to propose any legislative changes necessary to abolish the cofinancing requirement for such grants.
(8) The Commission in its White Paper - Part II - Action Plan entitled Reforming the Commission committed itself to improving and simplifying its internal and external procedures, as far as they relate to other institutions, Member States and citizens.
(9) It is not consistent with the principles of simplification and proportionality to apply a new requirement on the institutions participating in projects within the decentralised actions of the programme to account for the contribution towards their realisation made by staff employed by these institutions, solely in order to demonstrate that the Community assistance does not normally exceed 75 % of the total costs of the project.
(10) There is a need therefore to amend the provision contained in the first paragraph of Section IV, Point B.2 of the Annex to Decision No 253/2000/EC in order to permit appropriate flexibility in the application of this cofinancing requirement,
HAVE DECIDED AS FOLLOWS:
Article 1
The first paragraph of Section IV, Point B.2 of the Annex to Decision No 253/2000/EC shall be replaced by the following:
"As a general rule, Community financial assistance granted for projects under this programme is intended partially to offset the estimated cost necessary to carry out the activities concerned and may cover a maximum period of three years, subject to a periodic review of progress achieved. In accordance with the cofinancing principle, the beneficiary's contribution may take the form of the provision of the personnel and/or infrastructure necessary for the realisation of the project. Assistance may be granted in advance to enable preparatory visits to take place in respect of the projects in question."
Article 2
This Decision shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.
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Commission Decision
of 5 December 2002
on a Community financial contribution to emergency measures to control foot-and-mouth disease in Armenia, Azerbaijan and Georgia and amending Decision 2001/300/EC
(notified under document number C(2002) 4806)
(2002/953/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field(1), as last amended by Decision 2001/572/EC(2), and in particular Articles 12 and 13 thereof,
Whereas:
(1) Foot-and-mouth disease, due to types A, O and ASIA 1, is endemic in Armenia, Azerbaijan and Georgia and bordering countries. The presence of different types and subtypes of the foot-and-mouth disease virus and the emergence of new antigenically distinct viruses in that area constitute a threat to the Community and jeopardise the Community-supported efforts of Turkey to control the disease.
(2) The Community, in close cooperation with the European Commission for the Control of Foot-and-Mouth Disease (EUFMD) and the Office international des épizooties (OIE), supported campaigns of emergency vaccination against foot-and-mouth disease in Armenia, Azerbaijan and Georgia in 1999 and 2000 by the use of Trust Fund 911100/MTF/INT/003/EEC. This support was discontinued due to shortcomings identified during a joint mission in these countries by experts from the Commission and the EUFMD in 2000.
(3) In early 2002 representatives of the Commission, the EUFMD, the Food and Agriculture Organisation (FAO) and the OIE, together with the chief veterinary officers of Armenia, Azerbaijan and Georgia elaborated a programme for the establishment of a vaccination belt along the southern borders of those countries in order to enhance the protection of Turkey from the incursion of the foot-and-mouth disease.
(4) With a view to preventing the spread of foot-and-mouth disease, the Community should contribute to emergency measures to control that disease in Armenia, Azerbaijan and Georgia.
(5) The amount provided for in Commission Decision 2001/300/EC of 30 March 2001 on Community cooperation with the Food and Agriculture Organisation with particular regard to activities carried out by the European Commission for the Control of Foot-and-Mouth Disease(3), and the Implementing Agreement concluded in accordance with that Decision, is insufficient to cover the expenses provided for by this Decision. The total Community contribution to Trust Fund 911100/MTF/INT/003/EEC should therefore be increased by the amount necessary to carry out the joint EC/EUFMD/OIE programme for the control of foot-and-mouth disease in Armenia, Azerbaijan and Georgia.
(6) The Implementing Agreement concluded between the European Commission and the FAO should be amended to take into account the amendments made to Decision 2001/300/EC.
(7) Decision 2001/300/EC should therefore be amended accordingly.
(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 Funds contained in Trust Fund 911100/MTF/INT/003/EEC, provided for in Decision 2001/300/EC, shall be used for the following measures:
(a) the purchase of 1000000 doses of Al(OH)3-adjuvated trivalent vaccine against the foot-and-mouth disease virus of types O1, A-Iran 96 and ASIA1 with a potency of 6 PD50;
(b) the delivery of the doses of the vaccine referred to in point (a) to the central veterinary authorities of Armenia, Azerbaijan and Georgia for emergency vaccination in the districts along their southern borders of susceptible animals in accordance with the vaccination programme to be set up by letter of agreement between the veterinary authorities of those countries and the European Commission for the Control of Foot-and-Mouth Disease (EUFMD);
(c) on-the-spot supervision of the vaccination campaign and organisation of a serological surveillance by an expert appointed by EUFMD;
(d) the supply of test kits for the detection of antibodies against non-structural proteins, the monitoring of the vaccination campaign and the substantiation of the disease situation.
Article 2
For the measures referred to in Article 1, the Commission shall transfer to Trust Fund 911100/MTF/INT/003/EEC the additional amount of USD 650000.
Article 3
The Director-General of the Health and consumer protection Directorate-General shall be authorised to make the necessary arrangements for the implementation of the measures provided for in Article 2, with the EUFMD of the Food Agriculture Organisation (FAO).
Article 4
Decision 2001/300/EC is amended as follows:
1. Article 1(2) is replaced by the following:
"2. As from 1 January 2001, the financial obligation of the Community to the fund referred to in paragraph 1 shall be set at a maximum of EUR 2450000 for a period of four years from that date."
2. Article 2(3) is replaced by the following:
"3. The Director-General of the Health and consumer protection Directorate-General shall be authorised to sign the Implementing Agreement referred to in paragraph 1 on behalf of the Commission. He shall also be authorised to conclude with the FAO an amended Implementing Agreement in order to take account of the amendments made to Article 1(2)."
Article 5
This Decision is addressed to the Member States.
Done at Brussels, 5 December 2002. | [
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COMMISSION DECISION
of 1 April 2009
repealing 13 obsolete Decisions in the field of the Common Fisheries Policy
(notified under document number C(2009) 1096)
(2009/309/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1198/2006 of 27 July 2006 on the European Fisheries Fund (1), and in particular Article 101 thereof,
Whereas:
(1)
Improving the transparency of Community law is an essential element of the better lawmaking strategy that Community institutions are implementing. In that context it is appropriate to remove from active legislation those acts which no longer have real effect.
(2)
The following Decisions relating to the common fisheries policy have become obsolete, even though formally they are still in force:
-
Commission Decision 84/17/EEC of 22 December 1983 concerning the implementation by the United Kingdom of certain measures to adjust capacity in the fisheries sector pursuant to Council Directive 83/515/EEC (2),
-
Commission Decision 84/117/EEC of 24 February 1984 concerning the implementation by Denmark of certain measures to adapt capacity in the fisheries sector pursuant to Council Directive 83/515/EEC (3),
-
Commission Decision 84/262/EEC of 4 May 1984 concerning the implementation by Belgium of certain measures to adjust capacity in the fisheries sector, pursuant to Council Directive 83/515/EEC (4),
-
Commission Decision 84/376/EEC of 6 July 1984 concerning the implementation by the Federal Republic of Germany of certain measures to adjust capacity in the fisheries sector (5),
-
Commission Decision 84/589/EEC of 28 November 1984 concerning the implementation by Greece of certain measures to adjust capacity in the fisheries sector pursuant to Council Directive 83/515/EEC (6),
-
Commission Decision 85/154/EEC of 4 February 1985 concerning the implementation by France of certain measures to adjust capacity in the fisheries sector pursuant to Council Directive 83/515/EEC (7),
-
Commission Decision 85/437/EEC of 11 September 1985 concerning the implementation by the Netherlands of certain measures to adjust capacity in the fisheries sector pursuant to Council Directive 83/515/EEC (8),
-
Commission Decision 85/474/EEC of 16 September 1985 concerning applications for reimbursement and the payment of advances in respect of certain measures to adjust capacity in the fisheries sector (9),
-
Commission Decision 85/482/EEC of 18 October 1985 concerning the implementation by Italy of certain measures to adapt capacity in the fisheries sector pursuant to Council Directive 83/515/EEC (10),
-
Commission Decision 86/352/EEC of 10 July 1986 concerning extensions in the implementation by Germany of certain measures to adjust capacity in the fisheries sector, pursuant to Council Directive 83/515/EEC (11),
-
Commission Decision 86/539/EEC of 3 November 1986 concerning the implementation by Portugal of certain measures to adjust capacity in the fisheries sector pursuant to Council Directive 83/515/EEC (12),
-
Commission Decision 86/540/EEC of 4 November 1986 concerning the implementation by Spain of certain measures to adjust capacity in the fisheries sector pursuant to Council Directive 83/515/EEC (13),
-
Commission Decision 92/86/EEC of 18 December 1991 on certain adaptations of measures covered by Regulation (EEC) No 4028/86 in the territory of the former German Democratic Republic (14).
(3)
The Decisions listed in recital (2) have exhausted their effects since in the basic legislation changes have been made, which are incompatible with the application of those acts.
(4)
For reasons of legal security and clarity, those obsolete Decisions should be repealed.
(5)
The measures provided for in this Decision are in accordance with the opinion of the European Fisheries Fund Committee,
HAS ADOPTED THIS DECISION:
Article 1
Decisions to be repealed
Decisions 84/17/EEC, 84/117/EEC, 84/262/EEC, 84/376/EEC, 84/589/EEC, 85/154/EEC, 85/437/EEC, 85/474/EEC, 85/482/EEC, 86/352/EEC, 86/539/EEC, 86/540/EEC and 92/86/EEC are repealed.
Article 2
Addressees
This Decision is addressed to the Member States.
Done at Brussels, 1 April 2009. | [
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Commission Regulation (EC) No 2236/2001
of 16 November 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 12 to 15 November 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 17 November 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 November 2001. | [
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COMMISSION REGULATION (EC) No 1343/94 of 10 June 1994 amending for the third time Regulation (EEC) No 3389/81 laying down detailed rules for export refunds in the wine sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 822/87 of 16 March 1987 on the common organization of the market in wine (1), as last amended by Regulation (EEC) No 1566/93 (2), and in particular Article 56 (4) thereof,
Having regard to Council Regulation (EEC) No 345/79 of 5 February 1979 laying down general rules for granting export refunds on wine and criteria for fixing the amount of such refunds (3), as amended by Regulation (EEC) No 2009/81 (4), and in particular
Article 6
(3) thereof,
Whereas Regulation (EEC) No 3389/81 of the Commission lays down certain detailed rules in relation to the granting of export refunds in the wine sector (5), as last amended by Regulation (EEC) No 3473/82 (6),
Whereas disturbances on the world market necessitate that payment of export refunds on wine exported to Albania, Armenia, Azerbaijan, Belarus, Bulgaria, Estonia, Georgia, Hungary, Kazakstan, Kyrgystan, Latvia, Lithuania, Moldova, Poland, Romania, Russia, Tajikistan, the Czech and Slovak Republics, Turkmenistan, Ukraine and Uzbekistan should be made subject to proof that the product has really been imported into the third country specified; whereas it is therefore appropriate to provide that the provisions of Article 5 of Commission Regulation (EEC) No 3665/87 of 27 November 1987, laying down common detailed rules for the application of the system of export refunds on agricultural products (7), as amended by Regulation (EEC) No 2805/93 (8), shall apply;
Whereas furthermore experience has shown that export transactions to certain of the abovementioned countries have lead to abuses; whereas, in order to prevent such abuses, payment of the refund should be subject to the condition that products in containers holding more than two litres has not only been imported into such third country, but also bottled there;
Whereas the Management Committee for Wine has not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 3389/81 is amended as follows:
The following Article is added:
'Article 4a
For the purpose of the payment of refunds for the export of products whose destination is stated in the export declaration to be Albania, Armenia, Azerbaijan, Belarus, Bulgaria, Estonia, Georgia, Hungary, Kazakstan, Kyrgystan, Latvia, Lithuania, Moldova, Poland, Romania, Russia, Tajikistan, the Czech and Slovak Republics, Turkmenistan, Ukraine and Uzbekistan, the condition laid down in Article 5 (1) (a) of Regulation (EEC) No 3665/87 shall, in the case of all such exports, be deemed to have been fulfilled.
In addition to the proofs as foreseen in Article 18 of Regulation (EEC) No 3665/87 the exporter of products in containers holding more than two litres must prove the product has been bottled in the third country for which the refund is granted.'
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. It is applicable to products in respect of which the date of export is after the 10 June 1994.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 10 June 1994. | [
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*****
COMMISSION REGULATION (EEC) No 1753/82
of 1 July 1982
amending Regulations (EEC) No 368/77 and (EEC) No 443/77 and repealing Regulations (EEC) No 2307/79 and (EEC) No 356/80, concerning the sale of skimmed-milk powder for use in feed for pigs and poultry
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of the market in milk and milk products (1), as last amended by Regulation (EEC) No 1183/82 (2), and in particular Article 7 (5) thereof,
Whereas in the past various special measures to promote the disposal of skimmed-milk powder have been taken in order to deal with a market situation of substantial stocks and few outlets for that product; whereas the Regulations particularly involved are Commission Regulation (EEC) No 368/77 of 23 February 1977 concerning the sale by tender of skimmed-milk powder for use in feed for pigs and poultry (3), as last amended by Regulation (EEC) No 1726/79 (4), and Commission Regulation (EEC) No 443/77 of 2 March 1977 on the sale at a fixed price of skimmed-milk powder for use in feed for pigs and poultry (5), as last amended by Regulation (EEC) No 1726/79, both of which were adopted to permit the use in feed for animals other than young calves of skimmed-milk powder in public storage that could not be disposed of in the course of a milk marketing year on normal terms;
Whereas, following the drop in stock levels, Regulations (EEC) No 368/77 and (EEC) No 443/77 were suspended by Regulation (EEC) No 2307/79 (6); whereas the present stock situation makes it necessary to bring these Regulations back into force; whereas Regulation (EEC) No 2307/79 should therefore be repealed;
Whereas, if the Regulations are to be brought back into force, the date of entry into storage of the skimmed-milk powder that they cover must be updated, as must the dates of publication of the notice of invitation to tender and of the first invitation to tender;
Whereas Commission Regulation (EEC) No 356/80 (7) introduced certain derogations from Commission Regulation (EEC) No 1725/79 (8) during the period of suspension of Regulations (EEC) No 368/77 and (EEC) No 443/77; whereas, in view of the re-entry into force of these Regulations, Regulation (EEC) No 356/80 should be repealed;
Whereas the Management Committee for Milk and Milk Products has not delievered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 368/77 is hereby amended as follows:
1. In Article 1, the date '1 July 1978' is replaced by '1 January 1980'.
2. In Article 3 (2), the date '24 February 1977' is replaced by '3 July 1982'.
3. In Article 4 (3) the words 'Tuesday, 8 March 1977 at 12 noon' are replaced by 'Monday, 12 July 1982 at 12 noon'.
4. In Article 8 (2) (a) the words 'within the meaning of Article 4 of Regulation (EEC) No 990/72' are replaced by 'within the meaning of Article 4 of Regulation (EEC) No 1725/79'.
5. In Article 9 (6) and in the second indent of Article 17 (2) the amounts 'one unit of account' are replaced by '1;5 ECU'.
6. In Articles 10 (1) and 14 (3) the amounts '15 units of account' are replaced by '18 ECU'.
7. In the third subparagraph of Article 16 (2) the amounts 'three units of account' and '30 units of account' are replaced by the amounts '4 ECU' and '40 ECU respectively'.
Article 2
Regulation (EEC) No 443/77 is hereby amended as follows:
1. In Article 1, the date '1 July 1978' is replaced by '1 January 1980'.
2. In Article 2 (2) (b), the amount 'one unit of account' is replaced by '1;5 ECU'.
3. In Article 5 (1), the amount 'two units of account' is replaced by '3 ECU'.
Article 3
Regulations (EEC) No 2307/79 and (EEC) No 356/80 are hereby repealed.
Article 4
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COMMISSION REGULATION (EC) No 3168/94 of 21 December 1994 establishing in the field of application of Council Regulation (EC) No 517/94 on common rules for imports of textile products from third countries not covered by bilateral agreements, protocols or other arrangements or by other specific Community import rules a Community import licence and amending certain provisions of the Regulation
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community, and in particular Article 113 thereof,
Having regard to Council Regulation (EC) No 517/94 of 7 March 1994 on common rules for imports of textile products from third countries not covered by bilateral agreements, protocols or other arrangements or by other specific Community import rules (1), as last amended by Regulation (EC) No 2798/94 (2), and in particular Article 21 thereof,
Whereas, as a result of the establishment of the internal market, it is appropriate that the different forms, so far used by the competent authorities of the Member States in the textile and clothing sector for authorizing the import into the Community of products subject to quantitative limits, pursuant to Regulation (EC) No 517/94, be replaced by a single document that may be used throughout the customs territory of the Community, regardless of the Member State of issue, or the nationality or domicile of the operator concerned;
Whereas to this end it is necessary to create a Community import licence to be drawn up by the competent authorities of the Member States on a common form meeting uniform criteria, to specify which information such document, and the application for such document, shall contain and to amend or complete certain provisions of Regulation (EC) No 517/94;
Whereas to facilitate the introduction of such a Community import licence in all Member States, it seems appropriate to authorize the competent authorities of the Member States, during a transitional period which shall end no later than 31 December 1995, to continue to issue the national forms that were in use before the date of entry into force of this Regulation for issuing import authorizations and surveillance documents, unless the applicant, at the time of this application, has requested the issue of a Community import licence;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Textile Committee,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 517/94 is hereby amended as follows:
1. the following subparagraph is added to Article 18 (1):
'The authorization application must contain:
(a) the name of the applicant and full address (including, if any, telephone and fax numbers, and identification number registered with the competent national authorities), and VAT registration number, if it is a VAT payer;
(b) name and full address of declarant;
(c) name and full address of probable exporter;
(d) the country of origin of the products and the country of consignment;
(e) a description of the products including:
- their commercial designation,
- description of the products and combined nomenclature (CN) code;
(f) the appropriate category and the quantity in the appropriate unit as indicated in Annexes III B and IV for the products in question;
(g) the value of the products;
(h) any internal code used for administrative purposes, such as the Taric code;
(i) date and signature of applicant.';
2. Article 19 (1) is replaced by the following text:
'1. The competent authorities of the Member States shall issue import authorizations within five working days of notification of the Commission decision or with the time limit set by the Commission. The issue of the import authorizations and extracts thereof shall be made in accordance with the conditions and detailed rules laid down in Annex VIII.';
3. the Annex to the present Regulation is added as Annex VIII to Regulation (EC) No 517/94.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 December 1994. | [
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COMMISSION REGULATION (EC) No 1831/94 of 26 July 1994 concerning irregularities and the recovery of sums wrongly paid in connection with the financing of the Cohesion Fund and the organization of an information system in this field
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1164/94 of 16 May 1994 establishing the Cohesion Fund (1) and in particular Article 12 (5) thereof,
Whereas Article 12 of Regulation (EC) No 1164/94 lays down the principles governing, within the Community, the campaign against irregularities and the recovery of sums lost as a result of abuse or negligence in the field of the Cohesion Fund;
Whereas the rules set out in this Regulation must relate to all eligible measures provided for in Article 3 of Regulation (EC) No 1164/94;
Whereas this Regulation governing only some aspects of beneficiary Member States' obligations pursuant to Article 12 (2) of Regulation (EC) No 1164/94 and consequently should not impinge on any other obligations pursuant to that Article;
Whereas, in order for the Community to be better informed of the measures taken by the beneficiary Member States to combat irregularities, the national provisions to be communicated to the Commission should be specified;
Whereas, with a view to ascertaining the nature of irregular practices and the financial effects of irregularities and to recovering sums wrongly paid, provision should be made for any irregularities detected to be reported to the Commission every quarter; whereas in addition to such reports information must also be provided on the progress of judicial or administrative procedures;
Whereas the Commission should be systematically informed of judicial and administrative procedures against persons who have committed irregularities; whereas it would also be advisable to ensure the systematic transmission of information concerning the measures taken by the Member States to protect the Community's financial interests;
Whereas it is appropriate to determine the procedures to be applied by the Member States and the Commission in cases where the sums lost through an irregularity prove to be irrecoverable;
Whereas a minimum threshold should be set, above which cases of irregularity must automatically be reported to the Commission by the beneficiary Member States;
Whereas national rules relating to criminal proceedings or mutual assistance between Member States at judicial level in criminal matters should not be affected by the provisions of this Regulation;
Whereas it is advisable to provide for the possibility of the Community's making a contribution to legal costs and to costs arising directly out of judicial proceedings;
Whereas, in order to prevent irregularities, cooperation between the Member States and the Commission should be reinforced whilst every effort should be made to ensure that such action is conducted with due regard to the rules of confidentiality;
Whereas it should be further laid down that the provisions of this Regulation are also to apply wherever a payment which should have been made in the context of the Cohesion Fund has not been made owing to an irregularity,
HAS ADOPTED THIS REGULATION:
Article 1
Without prejudice to the obligations arising directly out of Article 12 of Regulation (EC) No 1164/94, this Regulation shall relate to all eligible measures provided for in Article 3 of Regulation (EC) No 1164/94.
This Regulation shall not affect the application in the Member States of rules relating to criminal proceedings or judicial cooperation between Member States in criminal matters.
Article 2
1. Beneficiary Member States within the meaning of Article 2 (2) of Regulation (EC) No 1164/94, shall communicate to the Commission within three months of the entry into force of this Regulation:
- the provisions laid down by law, regulation or administrative action for the application of the measures set out in Article 12 of Regulation (EC) No 1164/94,
- the list of authorities and bodies responsible for the application of those measures and the main provisions relating to the role and functioning of those authorities and bodies and to the procedures which they are responsible for applying.
2. Beneficiary Member States shall communicate forthwith to the Commission any amendments to the information supplied pursuant to paragraph 1.
3. The Commission shall study beneficiary Member States' communications and shall inform them of the conclusions which it intends to draw therefrom. It shall remain in contact with the Member States to the extent necessary for the application of this
Article.
Article 3
1. During the two months following the end of each quarter, beneficiary Member States shall report to the Commission any irregularities which have been the subject of initial administrative or judicial investigations.
To this end they shall as far as possible give details concerning:
- the identification of the project or measure in question,
- the provision which has been infringed,
- the nature and amount of the expenditure; in cases where no payment has been made, the amounts which would have been wrongly paid had the irregularity not been discovered, except where the error or negligence is detected before payment and does not result in any administrative or judicial penalty,
- the total amount and its distribution between the different sources of financing,
- the period during which, or the moment at which, the irregularity was committed,
- the practices employed in committing the irregularity,
- the manner in which the irregularity was discovered,
- the national authorities or bodies which drew up the official report on the irregularity,
- the financial consequences, the suspension (if any) of payments and the possibilities of recovery,
- the date and source of the first information leading to suspicion that an irregularity was in evidence,
- the date on which the official report on the irregularity was drawn up,
- where appropriate, the Member States and the non-member countries involved,
- the identity of the natural and legal persons involved, save in cases where such information is of no relevance in combating irregularities on account of the character of the irregularity concerned.
2. Where some of the information set out in paragraph 1, and in particular that concerning the practices employed in committing the irregularity and the manner in which it was discovered, is not available, beneficiary Member States shall as far as possible supply the missing information when forwarding subsequent quarterly reports of irregularities to the Commission.
3. If national provisions provide for the confidentiality of investigations, communication of the information shall be subject to the authorization of the competent court or tribunal.
Article 4
Each beneficiary Member State shall forthwith repoort to the Commission and, where necessary, to the other Member States concerned, any irregularities discovered or supposed to have occured, where it is feared that:
- they may very quickly have repercussions outside its territory,
and or
- they show that a new and practice has been employed.
Article 5
1. During the two months following the end of each quarter, beneficiary Member States shall inform the Commission, with reference back to any previous report made pursuant to Article 3, of the procedures instituted following all irregularities previously notified and of important changes resulting therefrom and including:
- the amounts which have been, or are expected to be, recovered,
- the interim measures taken by beneficiary Member States to safeguard recovery of sums wrongly paid,
- the judicial and administrative procedures instituted with a view to recovering sums wrongly paid and to imposing sanctions,
- the reasons for any abandonment of recovery procedures; the Commission shall as far as possible, be notified before a decision is taken,
- any abandonment of criminal prosecutions.
Beneficiary Member States shall notify the Commission of administrative or judicial decisions, or the main points thereof, concerning the termination of these procedures.
2. Where a beneficiary Member State considers that an amount cannot be totally recovered, or cannot be expected to be totally recovered, it shall inform the Commission, in a special report, of the amount not recovered and the reasons why the amount should, in its view, be borne by the Community or by the Member State. This information must be sufficiently detailed to allow the Commission to decide as soon as possible after consulting the authorities of the Member States concerned, who shall bear the financial consequences within the meaning of the third indent of Article 12 (1) of Regulation (EC) No 1164/94.
3. In the eventuality referred to in paragraph 2, the Commission may expressly request the beneficiary Member State to continue the recovery procedure.
Article 6
Should there be no irregularities to report in the reference period, beneficiary Member States shall inform the Commission of this fact within the time limit as is set out in Article 3 (1).
Article 7
Where the competent authorities of a Member State decide, at the express request of the Commission, to initiate or continue legal proceedings with a view to recovering amounts wrongly paid, the Commission may undertake to reimburse to the Member State all or part of the legal costs and costs arising directly from the legal proceedings, on presentation of documentary evidence, even if the proceedings are unsuccessful.
Article 8
1. The Commission shall maintain appropriate contacts with the Member States concerned for the purpose of supplementing the information supplied on the irregularities referred to in Article 3, on the procedures referred to in Article 5, and, in particular, on the possibility of recovery.
2. Independently of the contracts referred to in paragraph 1, the Commission shall inform the Member States where the nature of the irregularity is such as to suggest that identical or similar practices could occur in other Member States.
3. The Commission shall organize information meetings at Community level for representatives of the Member States in order to examine with them the information obtained pursuant to Articles 3, 4 and 5 and pursuant to paragraph 1 of this Article, in particular with regard to the lessons to be learned therefrom in connection with irregularities, preventive measures and legal proceedings.
4. At the request of a Member State or of the Commission, the Member States and the Commission shall consult each other for the purpose of closing any loopholes prejudicial to Community interests which become apparent in the course of the enforcement of provisions in force.
Article 9
The Commission shall regularly inform the Member States, in the framework of the Consultative Committee for Coordination in the field of fraud prevention, of the order of magnitude of the funds involved in the irregularities which have been discovered and of the various categories of irregularity, broken down by type and counted up.
Article 10
1. Member States and the Commission shall take all necessary precautions to ensure that the information which they exchange remains confidential.
2. The information referred to in this Regulation may not, in particular, be sent to persons other than those in the Member States or within the Community institutions whose duties require that they have access to it, unless the Member State supplying it has expressly so agreed.
3. The names of natural or legal persons may be disclosed to another Member State or Community institution only where this is necessary in order to prevent or prosecute an irregularity or to establish whether an alleged irregularity has taken place.
4. Information communicated, or acquired in any form whatever pursuant to this Regulation shall be covered by professional confidentiality and be protected in the same way as similar information is protected by the national legislation of the Member State that received it and by the corresponding provisions applicable to the Community institutions.
In addition, that information may not be used for any purposes other than those provided for in this Regulation unless the authorities that have provided it have given their express consent, and provided that the provisions in force in the Member State in which the recipient authority is to be found do not prohibit such communication or use.
5. Paragraphs 1 to 4 shall not impede the use, in any legal actions or proceedings subsequently instituted for non-compliance with Community rules in the area of Cohesion Fund, of information obtained pursuant to this Regulation. The competent authority of the Member State which supplied this information shall be informed forthwith of such use.
6. Where a Member State notified the Commission that a natural or legal person whose name has been communicated to the Commission pursuant to this Regulation proves on further inquiry not to be involved in any irregularity, the Commission shall forthwith inform all those to whom it disclosed that name pursuant to this Regulation of that fact. Such person shall thereupon cease to be treated, by virtue of the earlier notification, as a person involved in the irregularity in question.
Article 11
In cases of co-finacing borne jointly by the Cohesion Fund and by a beneficiary Member State, the amounts recovered shall be shared by that Member State and the Community in proportion to the expenditure already incurred by them.
Article 12
1. Where the irregularities relate to sums of less than ECU 4 000 charged to the Community budget, beneficiary Member States shall not forward to the Commission the information provided for in Articles 3 and 5 unless the latter explicity requests it.
2. The amount referred to in paragraph 1 shall be converted into national currency by applying the exchange rates published in the Official Journal of the European Communities, C Series, which are valid on the first working day of the year in which the information on the irregularities is communicated.
Article 13
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Communities.
The period between the day of entry into force and the end of the current calendar quarter shall be deemed to be a quarter for the purposes of Articles 3 and 5.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COUNCIL REGULATION (EEC) N° 2135/89
of 12 June 1989
on common rules for imports of certain textile products originating in the People's Republic of China
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas in 1988 the European Economic Community negotiated an Agreement with the People's Republic of China (hereinafter referred to as 'China') on trade in textile products (1); (hereinafter referred to as 'the Agreement');
Whereas the Community and China have decided that the provisions of this Agreement shall be fully implemented as from 1 January 1989 until 31 December 1992;
Whereas it is necessary, with a view to implementing the provisions of the Agreement to establish new specific common rules for imports of certain textile products originating in China;
Whereas it is necessary to ensure that the purpose of the Agreements should not be obstructed by defletion of trade and that it is therefore necessary to determine the way in which the origin of the products in question is controlled and the methods by which the appropriate administrative cooperation is achieved;
Whereas compliance with the quantitative limits on exports established under the Agreement is ensured by a double-checking system; whereas the effectiveness of these measures depends on the Community establishing a set of quantitative limits to be applied to imports of all products from China which are subject to quantitative limitations;
Whereas products entering the customs territory of the Community under the arrangements for inward processing or other temporary admission arrangements and intended for re-exportation out of the said territory in the same state or after processing should not be subject to such quantitative limits;
(1) OJ N° L 380, 31. 12. 1988, p. 1.
Whereas special rules are required for products re-imported under the arrangements for economic outward processing;
Whereas, in order to apply quantitative limits in conformity with the Agreement, it is necessary to establish a special management procedure; whereas it is desirable that such common management system be decentralized by allocating the quantitative limits among the Member States, and that the import authorizations be issued by the Member States' authorities in accordance with the double-checking system defined in the Agreement;
Whereas, in order to ensure the best possible utilization of the Community quantitative limits, they should be allocated in accordance with the requirements of the Member States and with the quantitative objectives established by the Council; whereas, however, the extent of the disparitities existing in the conditions for importation of these products into the Member States and the particularly sensitive position of the Community textile industry mean that the said conditions can be standardized only gradually; whereas, for these reasons, allocation of supplies cannot immediately be effected on the basis of requirements alone;
Whereas the Agreement provides for the possibility of automatic transfers between the shares allocated to the Member States within the Community quantitative limit on the basis of increasing percentages from the first year of application of the Agreement onwards, with a view in particular to giving China more flexibility in using each Community quantitative limit;
Whereas it is also necessary to maintain efficient and rapid procedures for altering Community quantitative limits and their allocation to take account of the development of trade flows, needs for additional imports and the Community's obligations under the Agreement;
Whereas, in respect of certain textile products under limitations, the Agreement provides for a consultation procedure with China whereby a limit to the growth of imports of a product may be agreed where significant use of
its related quantitative limit follows a marked under-use; whereas China also agreed to limit its exports, from the time of the consultation request, to a level established in the Agreement; whereas, in the absence of agreement within the specified time limits, China agreed to limit the growth in its exports to a level established in the Agreement;
Whereas, in the case of products not subject to quantitative limitation, the Agreement provides for a consultation procedure whereby, in the event that the volume of imports of a given category of products into the Community or one of its regions exceeds a certain threshold, agreement can be reached with China on the introduction of quantitative limits; whereas China also undertakes to limit its exports from the date of a request for such consultations, at the level indicated by the Community; whereas, if no agreement is reached with China within the period stipulated, the Community may introduce quantitative limits at a specific annual or multiannual level;
Whereas the Agreement established a system of cooperation between the Community and China with the aim of preventing circumvention by means of transhipment, re-routing or other means; whereas a consultation procedure is established under which an agreement can be reached with China on an equivalent adjustment to the relevant quantitative limit when it appears that the Agreement has been circumvented; whereas China also agreed to take the necessary measures to ensure that any adjustments could be rapidly applied; whereas, in the absence of agreement with China within the time limit provided, the Community may, where clear evidence of circumvention is provided apply the equivalent adjustment;
Whereas, in order, inter alia, to comply with time limits set in the Agreement, it is necessary to establish a rapid and efficient procedure for introducing such quantitative limits and concluding such Agreements with China;
Whereas, for practical reasons, it is convenient to make use, for the purposes enumerated above, of the management committee already set up by Regulation (EEC) N° 4136/86 (1);
Whereas the provisions of this Regulation must be applied in conformity which the Community's international obligations, in particular with those arising from the Agreement,
HAS ADOPTED THIS REGULATION:
Article 1
1. This Regulation shall apply to imports into the Community of the textile products referred to in Annex I and originating in China.
2. The classification of products listed in Annex I shall be based on the combined nomenclature, without prejudice to
(1) OJ N° L 387, 31. 12. 1986, p. 42.
Article 3 (6). The procedures for the application of this paragraph are laid down in Annex V.
3. Subject to the provisions of this Regulation, the importation into the Community of the textile products referred to in paragraph 1 shall not be subject to quantitative restrictions or measures having equivalent effect to such restrictions.
Article 2
1. The origin of the products referred to in Article 1 (1) shall be determined in accordance with the rules in force in the Community.
2. The procedures for control of the origin of the products referred to in Article 1 (1) are laid down in Annex IV.
Article 3
1. The importation into the Community of the textile products listed in Annex III, originating in China and shipped between 1 January 1989 and 31 December 1992 shall be subject to the annual quantitative limits laid down in that Annex.
2. The release for free circulation in the Community of imports subject to the quantitative limits referred to in paragraph 1 shall be subject to the presentation of an import authorization or equivalent document issued by the Member States' authorities in accordance with Article 11.
3. The authorized imports shall be charged against the quantitative limits laid down for the year in which the products are shipped in China. In this Regulation, shipment of products shall be considered to have taken place on the date of their loading onto the exporting aircraft, vehicle or vessel.
4. Imports of products not subject to quantitative limitation before 1 January 1989 which were in the course of shipment to the Community before that date shall not be subject to the quantitative limits referred to in this Article, provided that they were shipped in China before 1 January 1989.
Imports of products not subject to quantitative limitations before 1 January 1989, shipped in China on or after 1 January 1989, shall be subject to and charged against the quantitative limits referred to in paragraph 1. These limits shall not, however, prevent the importation of such products as were shipped in China between 1 January 1989 and the date of entry into force of this Regulation.
5. The release for free circulation of products the importation of which was subject to quantitative limitation before 1 January 1989 and which were shipped before the said date shall continue from that date to be subject to the presentation of the same import documents, and to the same import conditions, as before 1 January 1989.
6. The definition of quantitative limits laid down in Annex III and the categories of products to which they apply shall be adapted in accordance with the procedure laid down in Article 16 where this proves necessary to ensure that any subsequent amendment to the combined nomenclature or any decision amending the classification of such products does not result in a reduction of such quantitative limits.
7. The quantitative limits fixed in Annex III may be adapted in accordance with the procedure laid down in Article 16 in order to take into account changes in classification occurring following the entry into force of the combined nomenclature.
Article 4
1. The quantitative limits referred to in Article 3 shall not apply to the cottage industry and folklore products defined in Annex VI which are accompanied on importation by a certificate issued by the competent authorities of China in accordance with the provisions of Annex VI and which fulfil the other conditions laid down therein.
2. The release for free circulation in the Community of the textile products referred to in paragraph 1 and originating in China shall be granted only for those products covered by an import document issued by the competent authorities of the Member States, provided that similar machine-made products are subject to the quantitative limits referred to in Article 3.
The said import document shall be issued automatically within a maximum of five working days from the date of presentation by the importer of the certificate referred to in paragraph 1, issued by the competent authorities of China.
The import document shall be valid for six months and shall state the grounds for exemption as given in the certificate referred to in paragraph 1.
Article 5
1. Where the Commission finds, in accordance with the procedure laid down in Article 16, that difficulties have arisen in the Community or any of its regions as a result of a sudden and substantial increase in one calendar year by comparison with the preceding year in imports of a Group I category product subject to the quantitative limits laid down in Article 3, originating in China, it may, with the approval of the Committee under the procedure set out in Article 16, open consultations with China, in accordance with the procedure set out in Article 15 with a view to seeking naturally acceptable solutions to the difficulties.
2. The consultations with the supplier country concerned which are provided for in paragraph 1 may lead to the conclusion of an arrangement between that supplier country and the Community or the adoption of joint conclusions.
3. The arrangements provided for in paragraph 2 shall be concluded and the measures provided for in the arrangements or joint conclusions referred to in paragraph 2 shall be adopted in accordance with the procedure laid down in Article 16.
Article 6
1. The quantitative limits referred to in Article 3 shall not apply to products placed in a free zone or imported under
the arrangements governing warehouses, temporary importation or inward processing (suspension system).
Where the products referred to in the preceding subparagraph are subsequently released for free circulation, either in the unaltered state or after working or processing, Article 3 (2) shall apply and the products so released shall be charged against the quantitative limit established for the year for which the export licence was issued.
2. Where the authorities in the Member States establish that imports of textile products have been charged against a quantitative limit fixed pursuant to Article 3 and that these products have subsequently been re-exported outside the customs territory of the Community, they shall inform the Commission within four weeks of the quantities concerned and issue additional import authorizations for the same products and the same quantities in accordance with Article 3 (2).
Imports effected under cover of such authorizations shall not be charged against the quantitative limit for the current year or the following year.
Subject to the conditions laid down in Annex VII, re-imports into the Community of textile products after processing in the countries listed in that Annex shall not be subject to the quantitative limits referred to in Article 3 provided that they are effected in accordance with the Regulations on economic outward processing in force in the Community.
Article 7
1. The Community quantitative limits shall be allocated in such a way as to ensure the best possible utilization of these quantitative limits and to attain progressively a more balanced penetration of the markets by means of improved burden sharing among the Member States.
2. The allocation of the Community quantitative limits shall be adjusted in accordance with the procedure laid down in Article 15 and according to the criteria established in paragraph 1 where this proves necessary, particularly in view of trends in patterns of trade, in order to ensure the best possible utilization of the limits.
3. Without prejudice to the provisions of paragraph 2, after 1 June each year China may, after notifying the Commission in advance, transfer the unused quantities of the
shares allocated to Member States of a Community quantitative limit provided for in Article 3 to the shares of the same limit allocated to other Member States, provided that less than 80 % of the share of the Member State from which the transfer is being made has been used and subject to the following percentages of the share to which the transfer is being made:
- 4 % in 1989,
- 8 % in 1990,
- 16 % in 1991.
The percentage in the fourth year of application of the Agreement shall be determined following consultations between the Parties.
4. In cases referred to in paragraph 1 which are of particular economic importance to one or more Member States, the Commission shall, however, refer proposals for amendment of the allocation directly to the Council. The Council shall act upon such proposals in accordance with Article 113 of the Treaty.
Article 8
In order that the Community textile and clothing industry may benefit from the utilization of all the quantitative limits established in Annex III and in particular those established for categories 2, 3 and 37, and in order to contribute to the improvement of supplies to these industries of raw silk, silk waste, angora and cashmere, the Commission shall, at the request of one or more Member States, submit to the Chinese authorities before 1 December of each Agreement year a list of interested manufacturing and processing companies and, where appropriate, the quantities of products requested by the companies concerned.
Article 9
1. China may, after notifying the Commission in advance, utilize the shares allocated to Member State in the following ways:
(a) Advance utilization during any given year of a portion of a share established for the following year shall be authorized for each category of products up to 5 % of the share for the year of actual utilization.
Such advance imports shall be deducted from the corresponding shares established for the following year.
(b) Carry-over of amounts not utilized during any given year to the corresponding share for the following year shall be authorized up to 7 % of the share for the year of actual utilization.
(c) Transfers of quantities in group I categories shall be made only as follows:
- transfers from category 1 to categories 2 and 3 shall be authorized up to 7 % of the share established for the category to which the transfer is made,
- transfers between categories 2 and 3 are governed by the provisions of the Appendix to Annex III,
- transfers between categories 4, 5, 6, 7 and 8 shall be authorized up to 7 % of the share established for the category to which the transfer is made.
Transfers of quantities into the different categories in group II or III may be made from any category in group I, II or III subject to a maximum of 7 % of the share established for the category to which the transfer is made.
The table of equivalence applicable to the abovementioned transfers is given in Annex I.
(d) The cumulative application of points (a), (b) and (c) may not, in the course of any given year, cause a limit established for the category in question to be exceeded by more than 17 %.
2. In the event of recourse by China to the provisions of paragraph 1, the Commission shall notify the authorities of the Member State concerned, which shall authorize the imports in question in accordance with the double-checking system defined in Annex V.
3. Where a Member State's share has been increased by the application of paragraph 1 above or of Article 10, or where further possibilities for imports into that Member State have been created under Article 10, such increases or further import possibilities shall not be taken into account for the purposes of applying paragraph 1 in the current year or subsequent years.
Article 10
1. Member States which find that they require additional imports for their internal consumption or which consider that their share may not be fully utilized shall notify the Commission accordingly.
2. The quantitative limits laid down in Article 3 may be increased in accordance with the procedure laid down in Article 16 where it appears that additional imports are required.
3. As the request of a Member State which finds that it requires additional imports, either on the occasion of fairs or where it has issued import authorizations or equivalent documents for up to 80 % of its national share, the Commission may, after oral or written consultations with the Member States within the Committee referred to in Article 16, open up additional possibilities for imports into that Member State.
In an emergency, the Commission shall open consultations within the Committee within five working days following
receipt of the request from the Member State concerned and shall take a decision within 15 working days calculated from the same date.
Article 11
1. The authorities of the Member States shall issue the import authorizations or equivalent documents provided for in Article 3 (2) up to the amount of their shares, taking into account the measures taken pursuant to Articles 5, 7, 9 and 10.
2. The import authorizations or equivalent documents shall be issued in accordance with Annex V.
3. The quantities of products covered by the import authorizations or equivalent documents provided for in Article 3 shall be charged against the share of the Member State which issued those authorizations or documents.
4. The competent authorities of the Member State shall cancel import authorizations or equivalent documents already issued in cases where the corresponding export licences have been withdrawn or cancelled by the competent authorities in China. However, if the competent authorities of a Member State have not been informed by the competent authorities of China of the withdrawal or cancellation of an export licence until after the related products have been imported into such Member State, the quantities in question shall be set off against the Member State's quota share for the year during which shipment of products took place.
Article 12
1. The importation into the Community of textile products listed in Annex I, originating in China and not subject to the quantitative limits referred to in Article 3, shall be subject to a system of administrative control.
2. Should imports into the Community of products falling within any given category, referred to in paragraph 1, not subject to the arrangements laid down in Annex VII and originating in China exceed, in relation to the preceding calendar year's total imports into the Community of products in the same category, the percentages indicated below, such imports may be made subject to quantitative limits under the conditions laid down in this Article:
- for all categories of group II products: 5 %,
- for all categories of group III products: 10 %.
These arrangements may be limited to imports into specific regions of the Community.
3. Should the imports referred to in paragraph 2 into a given region of the Community exceed, in relation to the total quantities calculated for the whole Community according to the percentage specified in paragraph 2, the percentage set
for that region in the table below, such imports may be made subject to quantitative limits in the region in question:
Germany25,5 %,
Benelux9,5 %,
France16,5 %,
Italy13,5 %,
Denmark2,7 %,
Ireland0,8 %,
United Kingdom21,0 %,
Greece1,5 %,
Spain7,5 %,
Portugal1,5 %.
4. Paragraphs 2 and 3 shall not apply where the percentages specified therein have been reached as a result of a fall in total imports into the Community, and not as a result of an increase in exports of products originating in China.
5. Where the Commission finds, in accordance with the procedure laid down in Article 16, that the conditions set out in paragraphs 2 and 3 are fulfilled and considers that a given category of products should be made subject to a quantitative limit, with the concurring opinion of the Committee under the procedure in Article 16:
(a) it shall open consultations with China, in accordance with the procedure specified in Article 15, with a view to reaching an agreement or joint conclusions on a suitable level of limitation for the category of products in question;
(b) pending a mutually satisfactory solution, the Commission shall, as a general rule, request China to limit exports of the products in the category concerned to the Community, or to the region or regions of the Community market specified by the Community for a provisional period of three months from the date on which the request for consultation is made. Such provisional limit shall be established at 25 % of the level of imports reached during the calendar year preceding that in which imports exceeded the level resulting from the application of the formula set out in paragraph 2 and gave rise to the request for consultation or 25 % of the level resulting from the application of the formula set out in paragraph 2, whichever is the higher;
(c) it may, pending the outcome of the requested consultations, apply to the imports of the category of products in question quantitative limits identical to those requested of China pursuant to point (b). These measures shall be without prejudice to the definitive arrangements to be made by the Community, taking into account the results of the consultations.
(d) The Commission shall refer urgent cases to the Committee provided for in Article 16 within five working days of receipt of the request from the Member State or States setting out the reasons for urgency and
take a decision within five working days of the end of the Committee's deliberations.
(e) Measures taken pursuant to this paragraph shall be the subject of a Commission communication published without delay in the Offical Journal of the European Communities.
The consultations with China which are provided for in paragraph 5 (a) may lead to the conclusion of an arrangement between that country and the Community or the adoption of joint conclusions on the introduction and level of quantitative limits.
Such arrangements or joint conclusions shall stipulate that the quantitative limits agreed be administered in accordance with a double-checking system.
7. Should the Community and China be unable in the course of consultations to reach a satisfactory solution within one month following the opening of consultations and, at the latest, within two months following notification of the request for consultations, the Community shall have the right to introduce a definitive quantitative limit at an annual level not lower than the level resulting from the application of the formula set out in paragraph 2 or 106 % of the level of imports reached during the calendar year preceding that in which imports exceeded the level resulting from the application of the formula set out in paragraph 2 and gave rise to the request for consultations, whichever is the higher.
8. The arrangements provided for in paragraph 6 shall be concluded and the measures provided for either in paragraphs 5 and 7 or in the arrangements or joint conclusions referred to in paragraph 6 shall be decided in accordance with the procedure laid down in Article 16.
9. The annual level of the quantitative limits laid down in accordance with paragraphs 5 to 8 may not be less than the level of imports into the Community or into the region or regions concerned in 1988, of products of the same category in China.
10. Where the development of total imports into the Community of a product which is subject to a quantitative limit fixed in accordance with paragraphs 5 to 8 renders it necessary, the annual level of that quantitative limit shall be increased, after consultation with China, in accordance with the procedure laid down in Article 15, to ensure compliance with the conditions set out in paragraphs 2 and 3.
11. The quantitative limits fixed in accordance with paragraphs 6 and 8 shall provide for an annual growth rate determined by mutual agreement with China in the context of the consultation procedure laid down in Article 15.
12. The quantitative limits established pursuant to paragraphs 5 to 8 shall not apply to products which have already been dispatched to the Community provided that they were shipped from China for export to the Community before the date of notification of the request for consultations.
13. The quantitative limits established pursuant to paragraphs 5 to 8 shall be administered in accordance with Articles 3, 4, 6, 7, 9, 10 and 11, save as otherwise provided in accordance with the procedure laid down in Article 16.
Article 13
1. For the textile products subject to the quantitative limits referred to in Article 3, Member States shall notify the Commission within the first 10 days of each month of the total quantities, in the appropriate units and by category of products, for which import authorizations have been issued during the preceding months.
2. For the textile products referred to in Annex VI and originating in China, Member States shall notify the Commission within the first 10 days of each month of the total quantities, in the appropriate units and by category of products, for which import documents have been issued in accordance with Article 4 (2) during the preceding month.
For the textile products referred to in Annexes I and II, Member States shall notify the Commission monthly, within 30 days of the end of each month, of the total quantities imported during that month, indicating the combined nomenclature code and using the units and, where appropriate, the supplementary units, used in that code. Imports shall be broken down according to the statistical procedures in force.
3. For products cited in paragraph 1 of Annex VI, Member States shall notify the Commission monthly, within 30 days following the end of each month, of the best information available on the total quantities imported during that month, in the appropriate units and by category of products.
4. In order to enable market trends in the products covered by this Regulation to be monitored, Member States shall communicate to the Commission, before 31 March each year, statistical data on exports for the preceding year. The statistical data relating to the production and consumption of each product shall be forwarded under arrangements to be determined subsequently pursuant to the procedure laid down in Article 16.
5. Where the nature of the products or particular circumstances so require, the Commission may, at the request of a Member State or on its own initiative, alter the time limits for communicating the abovementioned information under the procedure laid down in Article 16.
6. Member States shall notify the Commission under conditions set in accordance with the procedure laid down in Article 16 of all other particulars deemed under that procedure to be necessary in order to ensure compliance with the obligations agreed between the Community and China.
7. In the urgent cases referred to in Article 12 (5) (d), the Member State or States concerned shall send the necessary
import statistics and economic data to the Commission and the other Member States by telex.
Article 14
1. Where, following the enquiries carried out in accordance with the procedures established under Annex IV, the Commission notes that the information in its possession constitutes proof that products originating in China and subject to the quantitative limits referred to in Article 3 or introduced under Article 12 have been transhipped, re-routed or otherwise imported into the Community through circumvention of such quantitative limits and that there is need for the necessary adjustments to be made, it shall request that consultations be opened, in accordance with the procedure described in Article 15, so that agreement may be reached on an equivalent adjustment of the corresponding quantitative limits.
2. Pending the outcome of the consultations referred to in paragraph 1, the Commission may ask China to take the necessary precautionary steps to ensure that adjustments to the quantitative limits agreed on following such consultations may be carried out for the year in which the request for consultations was lodged, or for the following year if the quantitative limit for the current year is exhausted, where there is clear evidence of circumvention.
3. If the Community and China fail to arrive at a satisfactory solution within the period stipulated in Article 15 and if the Commission notes that there is clear evidence of circumvention, it shall deduct from the quantitative limits an equivalent volume of products originating in China, in accordance with the procedure laid down in Article 16.
4. The agreements provided for in paragraph 1 shall be concluded and the measures provided for either in paragraph 3 or in the agreements referred to in paragraph 1 shall be adopted in accordance with the procedure laid down in Article 16.
Article 15
1. The Commission shall conduct the consultations referred to in the Regulation other than those referred to in paragraph 2, in accordance with the following rules:
- the Commission shall notify China of the request for consultations,
- the request for consultations shall be followed within a reasonable period (and in any case not later than 15 days following the notification) by a statement setting out the reasons and circumstances which, in the Commission's opinion, justify the submission of such a request,
- the Commission shall initiate consultations, within one month at the latest of notification of the request, with a
view to reaching agreement or a mutually acceptable conclusion within one further month at the latest.
2. The consultations referred to in Article 5 shall be governed by the following rules:
- the Commission shall notify China of the request for consultations, together with a statement setting out the reasons and circumstances which, in the Commission's opinion, justify the submission of such a request,
- the Commission shall initiate consultations within 15 days at the latest of notification of the request, with a view to reaching agreement or a mutually acceptable conclusion within 15 days at the latest.
Article 16
1. The Committee referred to in this Article shall, for the purpose and period of application of this Regulation, be the Textile Committee set up under Article 15 of Regulation (EEC) N° 4136/86.
2. Where reference is made to the procedure laid down in this Article, the chairman, on his own initiative or at the request of a Member State, shall refer the matter to the Committee.
3. The Commission representative shall lay draft measures before the Committee. The Committee shall deliver an opinion on the draft measures within a period which may be fixed by the chairman in accordance with the degree of urgency of the matter. The Committee shall decide by the majority specified in Article 148 (2) of the EEC Treaty for the adoption of acts by the Council on a proposal from the Commission. In the case of votes within the Committee, the votes of Member States' representatives shall be weighted in accordance with the abovementioned Article. The chairman shall not vote.
4. (a) The Commission shall adopt the measures proposed where they are in conformity with the Committee's opinion.
(b) Where the measures proposed are not in conformity with the Committee's opinion, or where no opinion has been given, the Commission shall present to the Council, without delay, a proposal for the measures to be taken. The Council shall act by a qualified majority.
(c) Should the Council fail to take a decision within one month of the date on which the proposal was laid before it, the Commission shall adopt the proposed measures.
5. The chairman may, on his own initiative or at the request of one of the Member States' representatives, consult the Committee about any other matter relating to the operation of this Regulation.
Article 17
The Member States shall inform the Commission forthwith of all measures taken pursuant to this Regulation and of all laws, regulations or administrative provisions concerning arrangements for importation of the products covered by this Regulation.
Article 18
Amendments to the Annexes to this Regulation which may be necessary to take into account the conclusion, amendment or expiry of agreements with third countries or amendments
made to Community rules on statistics, customs arrangements or common import arrangements shall be adopted in accordance with the procedure laid down in Article 16.
Article 19
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It shall apply which effect from 1 January 1989 until 31 December 1992.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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Commission Regulation (EC) No 2083/2002
of 22 November 2002
amending for the eighth 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 freeze of funds and other financial resources in respect of the Taliban of Afghanistan(1), as last amended by Commission Regulation (EC) No 1935/2002(2), and in particular Article 7(1), first indent, 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 28 October and 21 November 2002, the Sanctions Committee decided to amend the list of persons, groups and entities to whom the freezing of funds and economic resources shall apply and, therefore, Annex I should 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 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 Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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Council Regulation (EC) No 1783/2003
of 29 September 2003
amending Regulation (EC) No 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Articles 36 and 37 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament(1),
Having regard to the opinion of the European Economic and Social Committee(2),
Having regard to the opinion of the Committee of the Regions(3),
Whereas:
(1) In order to achieve the objectives of the common agricultural policy, as laid down in Article 33 of the Treaty, it is appropriate to reinforce the rural development policy by increasing the range of accompanying measures as provided for in Regulation (EC) No 1257/1999(4).
(2) Young farmers representing a key factor in the development of rural areas, support to this category of farmers should be considered as a priority. In order to facilitate the establishment of young farmers and the structural adjustment of their holdings, it is necessary to reinforce the specific support already granted.
(3) A more rapid implementation in the agricultural sector of demanding standards based on Community legislation concerning the environment, public, animal and plant health, animal welfare and occupational safety should be promoted. Those standards may impose new obligations on farmers giving rise to a loss of income or additional costs. Temporary and degressive support should be provided to farmers to help cover partly the costs arising from the implementation of such standards.
(4) Following the introduction of the "meeting standards" measure, support currently permitted under Regulation (EC) No 1257/1999 to farmers for limitations on agricultural use in areas with environmental restrictions should henceforth cover limitations arising from the implementation of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds(5) and Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora(6). Accordingly, a higher level of support may be proposed under certain circumstances and the area limitation of 10 % will be restricted to the measure concerning areas with specific handicaps.
(5) Farm advisory systems as provided for in Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers(7), are to identify and propose improvements in current performance with regard to statutory environmental, public, animal and plant health and animal welfare standards. Support should be provided to farmers towards the costs of such advisory services.
(6) Farmers should be encouraged to adopt high standards of animal welfare. The scope of the existing agri-environment Chapter of Regulation (EC) No 1257/1999 should be extended to provide for support to farmers who undertake to adopt standards of animal husbandry which go beyond statutory minima.
(7) Experience has shown that the range of instruments to promote food quality in rural development policy needs to be reinforced.
(8) Farmers should be encouraged to participate in Community or national food quality schemes. Participation in such schemes can give rise to additional costs and obligations which are not fully rewarded by the marketplace. Temporary support should be provided to farmers who participate in such schemes.
(9) There is a need to improve consumers' awareness of the existence and specifications of products produced under Community or national food quality schemes. Support should be provided to producer groups to inform consumers and promote products provided under schemes supported by Member States within their rural development plans.
(10) The introduction of the new accompanying measures necessitates a clarification of certain existing provisions. Such clarifications concern mainly the investment in agricultural holdings and the financial provisions.
(11) Given the importance of promoting innovation in the food processing sector, the scope of the existing Chapter of Regulation (EC) No 1257/1999 for improving processing and marketing of agricultural products should be extended to provide support for the development of innovative approaches in food processing.
(12) The said Chapter lays down eligibility conditions for support for investments for improving the processing and marketing of agricultural products including the requirement for enterprises which receive such support to already comply with minimum standards regarding the environment, hygiene and animal welfare. Given that small processing units can sometimes experience difficulties in complying with such standards, Member States should be allowed to grant a period of grace with reference to the eligibility conditions for investments in small processing units made in order to comply with newly introduced standards relating to the environment, hygiene and animal welfare.
(13) There is a need to improve the ecological and social value of State owned forests; investment support for these purposes should be allowed while excluding support for measures which improve the economic utilisation of such forests.
(14) Experience to date in the implementation of rural development programming for the 2000 to 2006 period has shown a need to clarify and simplify certain provisions of Regulation (EC) No 1257/1999 and adapt certain aid levels. Such clarifications and adaptations concern mainly the scope and detailed content of support for less-favoured areas and areas with environmental restrictions, training, forestry and promoting the adaptation and development of rural areas.
(15) Regulation (EC) No 1257/1999 should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 1257/1999 is hereby amended as follows:
1) In Article 5, the existing text shall become paragraph 1 and the following paragraphs shall be added:
"2. The conditions for support for investment laid down in paragraph 1 must be fulfilled at the time when the individual decision to grant support is taken.
3. Where investments are made in order to comply with newly introduced minimum standards relating to the environment, hygiene, and animal welfare, support may be granted in order to comply with the new standards. In such cases, a period of grace may be provided to farmers to meet these minimum standards where time is needed to solve specific problems involved in complying with such standards. The farmer shall comply with the relevant standards by the end of the investment period.";
2) Article 7 shall be amended as follows:
(a) The second paragraph of Article 7 shall be replaced by the following:"The total amount of support, expressed as a percentage of the volume of eligible investment, is limited to a maximum of 40 % and 50 % in less-favoured areas."
(b) The following paragraph shall be added:
"Where investments are undertaken by young farmers, as referred to in Chapter II, these percentages may reach a maximum of 50 % and 60 % in less-favoured areas during a period not exceeding five years from the setting up. The age condition laid down in the first indent of Article 8(1) must be met at the time of setting up.";
3) Article 8(2) shall be replaced by the following:
"2. The setting-up aid may comprise:
(a) a single premium up to the maximum eligible amount specified in the Annex, and
(b) an interest subsidy on loans taken on with a view to covering the costs arising from setting-up; the capitalised value of the interest subsidy may not exceed the value of the premium.
A support higher than the maximum amount referred to in point a) but not exceeding EUR 30000 may be granted to young farmers who are using farm advisory services linked to the setting-up of their activity during a period of three years after setting-up.";
4) In the second paragraph of Article 9, the first indent shall be replaced by the following:
"- to prepare farmers and other persons involved in agricultural activities for qualitative reorientation of production, the application of production practices compatible with the maintenance and enhancement of the landscape, the protection of the environment, hygiene standards and animal welfare and acquisition of the skills needed to enable them to manage an economically viable farm, and";
5) In Article 15(3), the second subparagraph shall be replaced by the following:
"Compensatory allowances higher than this maximum amount may be granted provided that the average amount of all compensatory allowances granted at the programming level concerned does not exceed this maximum amount. Member States may, for the purpose of calculating the average amount, present a combination of several regional programmes. However, in cases duly justified by objective circumstances, the average amount may be increased to the maximum average amount set out in the Annex."
6) Article 16 shall be amended as follows:
(a) Article 16(1) shall be replaced by the following:
"1. Payments to compensate for costs incurred and income foregone may be made to farmers who are subject to restrictions on agricultural use in areas with environmental restrictions as a result of the implementation of Directives 79/409/EEC(8) and 92/43/EEC(9), if and in so far as such payments are necessary to solve the specific problems arising from the implementation of those Directives."
(b) Article 16(3) shall be replaced by the following:
"3. The maximum amount eligible for Community support is laid down in the Annex. This amount may be increased in duly justified cases to take account of specific problems.
A support higher than this maximum amount may be granted during a period not exceeding five years from the date the provision imposing new restrictions becomes mandatory in accordance with Community legislation. This support shall be granted annually on a degressive basis and shall not exceed the amount set out in the Annex.";
7) In Article 20, the existing text shall become paragraph 1 and following paragraph shall be added:
"2. Areas referred to in paragraph 1 may not exceed 10 % of the area of the Member State concerned.";
8) Article 21 shall be deleted.
9) The following Chapter shall be inserted after Chapter V of Title II:
"CHAPTER Va
MEETING STANDARDS
Article 21a
Support to help farmers to adapt to demanding standards based on Community legislation in the fields of the environment, public, animal and plant health, animal welfare and occupational safety shall contribute to the following objectives:
(a) a more rapid implementation of demanding Community standards by Member States;
(b) the respect of those standards by farmers;
(c) the use of farm advisory services by farmers, as provided for in Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and support schemes for producers of certain crops(10), in assessing the performance of farm businesses and identifying improvements required with regard to the statutory management requirements as set out in that Regulation.
Article 21b
1. Temporary support intended to contribute partly to costs incurred and income foregone may be granted to farmers who have to apply demanding standards based on Community legislation and newly introduced in national legislation.
For Member States applying Article 16, support shall not be granted under this Chapter to a farmer to apply standards based on the Community legislation referred to in Article 16.
2. Support may be granted during a period not exceeding five years from the date the standard becomes mandatory in accordance with Community legislation.
To be eligible for support, the standard should impose new obligations or restrictions on farming practice which have a significant impact on typical farm operating costs and which concern a significant number of farmers.
For Directives for which the implementation deadline has been exceeded and which are not yet correctly implemented by the Member State, support may be granted during a period not exceeding five years from 25 October 2003.
3. Support shall not be payable where the non-application of a standard is due to the non-respect by the applicant farmer of a standard already transposed in national legislation.
Article 21c
1. Support shall be granted annually in the form of a flat rate aid and on a degressive basis, in equal instalments. Member States shall modulate the level of payment per standard with regard to the level of obligations resulting from the application of the standard. Payment shall be fixed at a level which prevents overcompensation. Costs related to investments shall not be taken into account when determining the level of annual support.
2. The maximum eligible annual amount, per holding, of support is set out in the Annex.
Article 21d
1. Support may be granted to farmers to help them meet costs arising from the use of the farm advisory services which identify and where necessary, propose improvements relating to the application by farmers of statutory environmental, public, animal and plant health and animal welfare standards.
2. Farm advisory services for which support may be granted shall be in accordance with Chapter III of Title II of Regulation (EC) No 1782/2003 and the provisions adopted in implementation thereof.
3. The total amount of support for the use of advisory services as referred to in paragraph 1, shall be limited to a maximum of 80 % of the eligible cost, without exceeding the maximum eligible amount as set out in the Annex.";
10) Chapter VI shall be replaced by the following:
"CHAPTER VI
AGRI-ENVIRONMENT AND ANIMAL WELFARE
Article 22
Support for agricultural methods designed to protect the environment, maintain the countryside (agri-environment) or improve animal welfare shall contribute to achieving the Community's policy objectives regarding agriculture, the environment and the welfare of farm animals.
Such support shall promote:
(a) ways of using agricultural land which are compatible with the protection and improvement of the environment, the landscape and its features, natural resources, the soil and genetic diversity,
(b) an environmentally-favourable extensification of farming and management of low-intensity pasture systems,
(c) the conservation of high nature-value farmed environments which are under threat,
(d) the upkeep of the landscape and historical features on agricultural land,
(e) the use of environmental planning in farming practice,
(f) the improvement of animal welfare.
Article 23
1. Support shall be granted to farmers who give agri-environmental or animal welfare commitments for at least five years. Where necessary, a longer period shall be determined for particular types of commitments in view of their effects on the environment or animal welfare.
2. Agri-environmental and animal welfare commitments shall involve more than the application of usual good farming practice including good animal husbandry practice.
They shall provide for services which are not provided for by other support measures, such as market support or compensatory allowances.
Article 24
1. Support in respect of an agri-environmental or animal welfare commitment shall be granted annually and be calculated on the basis of:
(a) income foregone,
(b) additional costs resulting from the commitment given, and
(c) the need to provide an incentive.
Costs related to investments shall not be taken into account when calculating the level of annual support. Costs for non-remunerative investments which are necessary to comply with a commitment may be taken into account in calculating the level of annual support.
2. Maximum amounts per year eligible for Community support are laid down in the Annex. When support is calculated on an area basis, these amounts shall be based on that area of the holding to which agri-environmental commitments apply.";
11) The following Chapter is inserted after Chapter VI of Title II:
"CHAPTER VIa
FOOD QUALITY
Article 24a
Support for agricultural production methods designed to improve the quality of agricultural products and for promotion of those products shall contribute to the following objectives:
(a) to provide assurances to consumers on the quality of the product or of the production process used through the participation of farmers in food quality schemes as defined in Article 24b;
(b) to achieve added value for agricultural primary products and to enhance market opportunities;
(c) to improve consumer information on the availability and specifications of such products.
Article 24b
1. Support shall be granted to farmers who participate on a voluntary basis in Community or national food quality schemes, which impose specific production requirements on agricultural products listed in Annex I to the Treaty, except fishery products, and comply with paragraph 2 or 3 in this Article.
Support shall only cover products intended for human consumption.
2. Community quality schemes under the following Regulations and provisions shall be eligible for support:
(a) Council Regulation (EEC) No 2081/92 of 14 July 1992 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs(11),
(b) Council Regulation (EEC) No 2082/92 of 14 July 1992 on certificates of specific character for agricultural products and foodstuffs(12),
(c) Council Regulation (EEC) No 2092/91 of 24 June 1991 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs(13),
(d) Title VI on quality wine produced in specified regions of Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine(14).
3. To be eligible for support, food quality schemes recognised by the Member States shall comply with the criteria set out in points (a) to (e):
(a) the specificity of the final product produced under such schemes shall be derived from detailed obligations on farming methods that guarantee:
(i) specific characteristics including the production process, or
(ii) a quality of the final product that goes significantly beyond the commercial commodity standards as regards public, animal or plant health, animal welfare or environmental protection;
(b) the schemes involve binding product specifications and compliance with those specifications shall be verified by an independent inspection body;
(c) the schemes shall be open to all producers;
(d) the schemes shall be transparent and assure complete traceability of the products;
(e) the schemes shall respond to current or foreseeable market opportunities.
4. Schemes whose sole purpose is to provide a higher level of control of respect of obligatory standards under Community or national law shall not be eligible for support.
Article 24c
1. Support shall be paid as an annual incentive payment up to the maximum eligible amount per holding as set out in the Annex. The level of payment amount shall be determined according to the level of the fixed costs arising from participation in supported schemes and be fixed at a level which prevents overcompensation.
2. The duration of such support shall not exceed a period of five years.
Article 24d
1. Support shall be granted to producer groups for activities intended to inform consumers about and promote agricultural products or foodstuffs designated under Community or national food quality schemes as described in Article 24b and selected for support by the Member State under the measure provided for in Articles 24a, 24b and 24c.
2. Support shall cover information, promotion and advertising activities.
3. The total amount of support shall be limited to a maximum of 70 % of the eligible costs of the action.";
12) In Article 25(2), the fourth indent shall be replaced by the following:
"- to develop and apply new technologies,";
13) In Article 26(1), the following subparagraph shall be added:
"Where investments are made in order to comply with newly introduced minimum standards relating to the environment, hygiene, and animal welfare, support may be granted in order to comply with the new standards. In such cases, a period of grace may be provided to small processing units to meet these minimum standards where time is needed to solve specific problems encountered in complying with such standards. The small processing units shall comply with the relevant standards by the end of the investment period.";
14) Article 29(3) shall be replaced by the following:
"3. Such support, as provided for in Articles 30 and 32, shall be granted only for forests and areas owned by private owners or by their associations or by municipalities or their associations. This restriction shall not apply to the measures provided for in the second indent of Article 30(1) for investment in forests aimed at significantly improving their ecological and social value, and for the measures provided for in the sixth indent of Article 30(1).";
15) Article 29(5) shall be replaced by the following:
"5. Measures proposed under this Chapter in areas classified as high or medium forest fire risk within the framework of the Community action on protection of forests against fire, must conform to the forest protection plans established by the Member States for these areas.";
16) In Article 30(1), the last indent shall be replaced by the following:
"- restoring forestry production potential damaged by natural disasters and fire and introducing appropriate prevention actions.";
17) Article 31 shall be amended as follows:
(a) In paragraph 1, the second subparagraph shall be replaced by the following:
"Such support may include in addition to establishment costs:
- an annual premium per hectare afforested to cover maintenance costs for a period of up to five years,
- an annual premium per hectare to cover loss of income resulting from afforestation for a maximum period of 20 years for farmers or associations thereof who worked the land before its afforestation or for any other private law person."
(b) Paragraph 2 shall be replaced by the following:
"2. Where support is granted for afforestation of agricultural land owned by public authorities, it shall cover only the cost of establishment. If the afforested land is rented by a private law person, the annual premia referred to in paragraph 1, second subparagraph, may be granted."
(c) In paragraph 3, the second subparagraph shall be replaced by the following:
"In the case of fast-growing species cultivated in the short term, support for afforestation shall be granted for establishment costs only.";
18) In Article 33, the second paragraph shall be amended as follows:
(a) the third and the fourth indents shall be replaced by the following:
"- setting up of farm advisory systems as referred to in Chapter III of Title II of Regulation (EC) No 1782/2003, as well as farm relief and farm management services,
- marketing of quality agricultural products, including the setting-up of quality schemes as referred to in Article 24b(2) and (3),".
(b) the following indent shall be added:
"- management of integrated rural development strategies by local partnerships.";
19) In the second subparagraph of Article 34, the following two indents shall be added:
"- conditions governing meeting standards measures (Chapter Va)
- conditions governing food quality measures (Chapter VIa)";
20) Article 35(1) shall be replaced by the following:
"1. Community support for early retirement (Articles 10, 11 and 12), less-favoured areas and areas with environmental restrictions (Articles 13 to 21), meeting standards (Articles 21a to 21d), agri-environment and animal welfare (Articles 22, 23 and 24), food quality (Articles 24a to 24d) and afforestation (Article 31) shall be financed by the EAGGF Guarantee Section throughout the Community.";
21) In the second paragraph of Article 37(3), the second indent shall be replaced by the following:
"- measures to support research projects or measures eligible for Community funding under Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field(15).";
22) In the second subparagraph of Article 47(2), the last indent shall be replaced by the following:
"- the Community contribution to the programming for measures laid down in Articles 22 to 24 of this Regulation shall not exceed 85 % in areas covered by Objective 1 and 60 % in the other areas.";
23) In Article 51, the following paragraph shall be added:
"5. State aid to support farmers who adapt to demanding standards based on Community legislation in the fields of the environment, public, animal and plant health, animal welfare and occupational safety shall be prohibited if it does not satisfy the conditions provided for in Articles 21a, 21b and 21c. However, additional aid exceeding the maximum amounts fixed in accordance with Article 21c may be granted to help farmers to comply with national legislation which exceeds Community standards.
In the absence of Community legislation, state aid to support farmers who adapt to demanding standards based on national legislation in the fields of the environment, public, animal and plant health, animal welfare and occupational safety shall be prohibited if it does not satisfy the relevant conditions provided for in Articles 21a, 21b and 21c. Additional aid exceeding the maximum amounts fixed in accordance with Article 21c may be granted if justified under paragraph 1 of that Article.";
24) The Annex shall be replaced by the text in the Annex to this Regulation.
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 (EC) No 912/2004
of 29 April 2004
implementing Council Regulation (EEC) No 3924/91 on the establishment of a Community survey of industrial production
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 3924/91 of 19 December 1991 on the establishment of a Community survey of industrial production(1), and in particular Article 9 thereof,
Whereas:
(1) Regulation (EEC) No 3924/91 provides for measures for adjustment to technical progress concerning collection of data and processing of results to be laid down by the Commission after consulting the Statistical Programme Committee.
(2) Technical progress and subsequent legislation, in particular acts relating to the European Business Statistical System, call for adjustments to be made to the survey coverage and characteristics.
(3) These adjustments should improve coverage of the statistics provided by the Member States without increasing the burden on economic operators.
(4) The statistical data compiled within the Community system must be of satisfactory quality and comparable from one Member State to another.
(5) The measures provided for in this Regulation are in accordance with the opinion of the Statistical Programme Committee set up by Council Decision 89/382/EEC. Euratom(2),
HAS ADOPTED THIS REGULATION:
Article 1
The field covered by the survey referred to in Article 1 of Council Regulation (EEC) No 3924/91 is to be identified by reference to the survey population and the observation unit.
The survey population of the reference period shall be enterprises whose principal activity or one of its secondary activities is listed in section C, D or E of the classification of economic activities in the European Community (NACE Rev.1.1), set out in Regulation (EC) No 29/2002 of 19 December 2001(3), amending Council Regulation (EEC) No 3037/90(4).
The observation unit shall be the enterprise as defined in Council Regulation (EEC) No 696/93(5) on the statistical units for the observation and analysis of the production system in the Community. Member States may collect data using another statistical unit as observation unit as long as they transmit Enterprise data to Eurostat.
Article 2
The obligation of the units of the survey population to supply true and complete information if called upon by the Member States referred to in Article 5(2) of the Council Regulation (EEC) No 3924/91 is to be limited to the survey population's observation units that produce products listed in the PRODCOM list.
Article 3
The obligation of Member States to adopt survey methods designed to facilitate the collection of data from units representing at least 90 % of national production per NACE class referred to in Article 3(2) of the Council Regulation (EEC) No 3924/91 is to be implemented as Member States' adoption of survey methods designed to enable the collection of data, representing at least 90 % of national production for each NACE Rev.1.1 class of sections C, D and E.
Article 4
Member States' exemption from data collection referred to in Article 3(4) of the Council Regulation (EEC) No 3924/91 is to be clarified by reference to national production of a product.
Member States need not collect data on a product, if total national production of that product is less than 1 % of the total Community production of the product in the previous year. Data on products not collected because of this exemption shall be reported as zero. Member States are to provide the necessary documentation.
Article 5
The waiver of Member States' obligation to carry out the PRODCOM survey referred to in Article 5 (3) of the Council Regulation (EEC) No 3924/91 is to be extended to cases where Member States are able to acquire the necessary data, using a combination of different sources and methods.
Article 6
In addition to the obligation to provide information at the request of Eurostat as set out in Article 5(4) of Council Regulation (EEC) No 3921/91Member States are also to provide Eurostat with the necessary information about their survey methods, samples and coverage for the purpose of documentation of compliance with the principles of the PRODCOM methodology as laid down in the manual of PRODCOM methodology.
Article 7
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 REGULATION (EEC) No 3044/90
of 22 October 1990
concerning the classification of certain goods in the combined nomenclature
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2658/87 (1) on the tariff and statistical nomenclature and on the Common Customs Tariff, as last amended by Regulation (EEC) No 2943/90 (2), and in particular Article 9,
Whereas in order to ensure uniform application of the combined nomenclature annexed to the said Regulation, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation;
Whereas Regulation (EEC) No 2658/87 has set down the general rules for the interpretation of the combined nomenclature and these rules also apply to any other nomenclature which is wholly or partly based on it or which adds any additional subdivisions to it and which is established by specific Community provisions, with a view to the application of tariff or other measures relating to trade in goods;
Whereas, pursuant to the said general rules, the goods described in column 1 of the table annexed to the present Regulation must be classified under the appropriate CN codes indicated in column 2, by virtue of the reasons set out in column 3;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Nomenclature Committee as regards product Nos 1 to 3 in the annexed table,
Whereas the Nomenclature Committee has not delivered an opinion within the time limit set by its chairman, as regards product No 4 in the annexed table,
HAS ADOPTED THIS REGULATION:
Article 1
The goods described in column 1 of the annexed table are now classified within the combined nomenclature under the appropriate CN codes indicated in column 2 of the said table.
Article 2
This Regulation shall enter into force on the 21st day after its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COUNCIL REGULATION (EC) No 3/2008
of 17 December 2007
on information provision and promotion measures for agricultural products on the internal market and in third countries
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Articles 36 and 37 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament,
Whereas:
(1)
In accordance with Council Regulations (EC) No 2826/2000 (1) and (EC) No 2702/1999 (2), the Community may implement information and promotional measures on the internal market and on third country markets for certain agricultural products. The results so far have been very encouraging.
(2)
Taking account of experience gained, the prospects for market development both within and outside the Community and the new international trade situation, it is appropriate to develop an overall, coherent information and promotion policy for agricultural products and their method of production as well as for food products based on agricultural products, on the internal market and on third country markets, without encouraging the consumption of any product on grounds of its specific origins.
(3)
In the interests of clarity, Regulations (EC) No 2702/1999 and (EC) No 2826/2000 should therefore be repealed and replaced by a single regulation, whilst maintaining the specific features of measures according to the market in which they are implemented.
(4)
Such a policy usefully supplements and reinforces the schemes run by Member States by boosting product image in the eyes of consumers in the Community and in third countries, in particular as regards the quality, nutritional value and safety of foodstuffs and the methods of production. Such action, by helping to open up new markets in third countries, is also likely to have a multiplier effect on national and private initiatives.
(5)
Criteria should be set for selecting the products and sectors concerned, and the themes and markets to be covered by the Community programmes.
(6)
It should be possible for the information and promotion measures for agricultural products in third countries to cover both products qualifying for export refunds and products not qualifying for them.
(7)
The measures should be implemented within the framework of information and promotion programmes. To ensure the consistency and effectiveness of programmes to be carried out on the internal market, guidelines for each product or sector concerned, setting out the essential elements of the Community programmes concerned, should be defined.
(8)
Given the technical nature of the tasks to be performed, the Commission should be able to be assisted by a committee of communication experts or to have recourse to technical assistants.
(9)
Financing rules should be set. As a general rule, so that proposing organisations and interested Member States assume their responsibilities, the Community should meet only part of the cost of measures. However, in exceptional cases it may be more suitable not to require any financial contribution from the Member State concerned. In the case of information on some Community schemes regarding product origin, organic production and labelling as well as on the graphic symbols laid down by agricultural legislation, in particular for extremely remote regions, financing shared between the Community and Member States may be justified by the need to provide appropriate information to the public on these relatively recent schemes.
(10)
To ensure the greatest cost-effectiveness of the measures selected, the implementation of measures should be entrusted, through appropriate procedures, to bodies with the necessary structure and expertise.
(11)
In view of the experience gained and the results achieved by the International Olive Oil Council in its promotional activities, provision should, however, be made for the Community to continue delegating to it measures falling within its sphere of responsibility. It should also be possible for the Community to seek the assistance of similar international organisations for other products.
(12)
In order to verify the proper implementation of the programmes and the impact of measures, programme implementation should be carefully monitored by Member States and the results assessed by an independent body.
(13)
Expenditure on the financing of measures under this Regulation should be classed in accordance with Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (3).
(14)
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 (4),
HAS ADOPTED THIS REGULATION:
Article 1
Subject matter and scope
1. Information and promotion measures for agricultural products and their method of production as well as for food products based on agricultural products carried out on the internal market or in third countries as listed in Article 2 may be financed, fully or in part, by the Community budget subject to the conditions laid down in this Regulation.
These measures shall be implemented as part of an information and promotion programme.
2. The measures referred to in paragraph 1 shall not be brand-oriented or encourage the consumption of any product on grounds of its specific origins. However, the origin of a product covered by these measures may be indicated in the case of designations conferred under Community rules.
Article 2
Information and promotion measures
1. The measures referred to in Article 1(1) shall be the following:
(a)
public relations work, promotion and advertising, in particular to draw attention to intrinsic features and advantages of Community products, notably the quality and safety of food, specific production methods, nutritional and health aspects, labelling, animal welfare and respect for the environment;
(b)
information campaigns, in particular on Community systems of protected designations of origin (PDOs), protected geographical indications (PGIs) and traditional speciality guaranteed (TSGs) and of organic farming, and other Community schemes for quality standards and labelling of agricultural products and foodstuffs, as well as on the graphic symbols laid down by applicable Community legislation;
(c)
information measures on the Community system for quality wines produced in specified regions (quality wines psr), wines with geographical indication and spirit drinks with geographical indication or reserved traditional indication;
(d)
impact assessment of the information and promotion measures.
2. On the internal market, the measures referred to in Article 1(1) may also take the form of participation in events, fairs and exhibitions of national or European importance, by means of stands aimed at enhancing the image of Community products.
3. In third countries, the measures referred to in Article 1(1) may also take the following form:
(a)
information measures on the Community system for table wines;
(b)
participation in events, fairs and exhibitions of international importance, in particular by means of stands aimed at enhancing the image of Community products;
(c)
studies of new markets, necessary for the expansion of market outlets;
(d)
high-level trade visits.
Article 3
Sectors and products concerned
1. The sectors and products which may be covered by the measures referred to in Article 1(1) to be implemented on the internal market shall be determined bearing in mind the following criteria:
(a)
the desirability of drawing attention to the quality, typical features, specific production method, nutritional and health aspects, safety, animal welfare or environment-friendliness of the products in question, by means of thematic or target-specific campaigns;
(b)
the implementation of a consumer information labelling system and of product traceability and control systems;
(c)
the need to tackle specific or short-term difficulties in individual sectors;
(d)
the desirability of providing information on the Community PDO, PDI, TSG and organic production schemes;
(e)
the desirability of providing information on the Community system covering quality wines psr, wines with geographical indication and spirit drinks with geographical indication or reserved traditional indication.
2. The following products in particular shall be eligible for the measures referred to in Article 1(1) to be carried out in third countries:
(a)
products intended for direct consumption or processing for which export opportunities or potential new market outlets in third countries exist, especially where export refunds will not be required;
(b)
typical or quality products displaying high added value.
Article 4
Lists of themes, products and countries eligible for these measures
The Commission shall draw up, according to the procedure referred to in Article 16(2), lists of the themes and products under Article 3 and the third countries concerned. These lists shall be revised every two years. However, if necessary, the lists may be amended in the interval through the same procedure.
In selecting the third countries, account shall be taken of the markets of third countries where there is actual or potential demand.
Article 5
Guidelines
1. For promotion on the internal market, the Commission shall, in accordance with the procedure referred to in Article 16(2), adopt guidelines to be followed defining the strategy for information and promotion programmes.
These guidelines shall provide general indications, in particular concerning:
(a)
objectives and targets to be reached;
(b)
one or more themes to be the subject of the measures selected;
(c)
the types of measures to be implemented;
(d)
the duration of programmes;
(e)
the indicative distribution, by market and type of measure envisaged, of the amount available for the Community’s financial contribution to programmes.
With regard to the promotion of fresh fruit and vegetables, particular attention shall be paid to promotion measures intended for children in schools.
2. For promotion in third countries, the Commission may, in accordance with the procedure referred to in Article 16(2), adopt guidelines defining the strategy to be followed in proposals for information and promotion programmes for some or all of the products referred to in Article 3(2).
Article 6
Organisations responsible for implementing information and promotion measures
1. To implement the measures referred to in Article 2(1)(a), (b) and (c), Article 2(2) and Article 2(3)(a), (b) and (c), in accordance with the guidelines referred to in Article 5(1) and subject to paragraph 2 of this Article, the trade and/or inter-trade organisation(s) representing the sector(s) concerned in one or more Member States or at Community level shall draw up proposals for information and promotion programmes of a maximum duration of three years.
2. Where promotion measures in third countries are decided on for the olive oil and table olive sector, the Community may implement them through the International Olive Oil Council.
In the case of other sectors, the Community may seek the help of international organisations offering similar guarantees.
Article 7
Drafting and forwarding information and promotion programmes
1. Member States shall define the specifications setting the conditions and evaluation criteria for information and promotion programmes.
The Member State(s) concerned shall examine the suitability of proposals for programmes and shall verify conformity with this Regulation, the guidelines drawn up under Article 5 and the relevant specifications. They shall also check that the programme offers value for money.
After examining the programme(s), the Member State(s) shall draw up a list of programmes selected within the limit of available funds and shall undertake to contribute to financing these programmes, where appropriate.
2. Member State(s) shall forward to the Commission the list of programmes referred to in the third subparagraph of paragraph 1, and a copy of these programmes.
If the Commission finds that a programme which has been submitted or some of the measures therein are not in line with Community rules or, for the measures to be carried out on the internal market, with the guidelines referred to in Article 5, or they do not offer value for money, it shall notify the Member State(s) concerned of the ineligibility of all or part of that programme, within a time limit to be determined, in accordance with the procedure referred to in Article 16(2). Once this time limit has been exceeded and no such notification is sent, the programme shall be deemed eligible.
Member State(s) shall take account of any observations made by the Commission and shall forward to it the revised programmes in accordance with the proposing organisation(s) referred to in Article 6(1) within a time limit to be set under the procedure referred to in Article 16(2).
Article 8
Selection of information and promotion programmes
1. The Commission shall decide, in accordance with the procedure referred to in Article 16(2) which programmes are to be selected and the corresponding budgets. Priority shall be given to the programmes proposed by several Member States or providing for measures in several Member States or third countries.
2. In accordance with the procedure referred to in Article 16(2), the Commission may set lower or higher limits to the actual costs of the selected programmes, in line with paragraph 1 of this Article. These limits may be adjusted according to the type of programmes concerned. The criteria applied may be defined in accordance with the procedure referred to in Article 16(2).
Article 9
Procedure to be followed in case of an absence of information programmes for the internal market
1. In the absence of programmes to be carried out on the internal market for one or more of the information measures referred to in Article 2(1)(b) submitted in accordance with Article 6(1), each interested Member State shall draw up, on the basis of the guidelines referred to in Article 5(1), a programme and its specification and shall select through a public call for tenders the implementing body for the programme it undertakes to co-finance.
2. The Member State(s) shall submit to the Commission the programme selected in accordance with paragraph 1, accompanied by a reasoned opinion including:
(a)
the desirability of the programme;
(b)
the conformity of the programme and the proposed body with this Regulation and, where necessary, with the applicable guidelines;
(c)
an assessment of the programme’s value for money.
3. For the purposes of the Commission’s examination of the programmes, Article 7(2) and Article 8(1) shall apply.
4. In accordance with the procedure referred to in Article 16(2), the Commission may set lower or higher limits to the actual costs of the programmes submitted in line with paragraph 2 of this Article. These limits may be adjusted according to the type of programmes concerned. The criteria applied may be defined in accordance with the procedure referred to in Article 16(2).
Article 10
Information and promotion measures to be implemented at the Commission’s initiative
After informing the committee referred to in Article 16(1) or, where necessary, the committee set up by Article 14(1) of Council Regulation (EEC) No 2092/91 of 24 June 1991 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs (5), the Standing Committee on Protected Geographical Indications and Protected Designations of Origin set up by Article 15(1) of 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 (6) or the Standing Committee on Traditional Specialities Guaranteed set up by Article 18(1) of Council Regulation (EC) No 509/2006 of 20 March 2006 on agricultural products and foodstuffs as traditional specialities guaranteed (7), the Commission may decide to carry out one or more of the following measures:
(a)
for measures to be carried out on the internal market and in third countries:
(i)
the measures referred to in Article 2(1)(d) of this Regulation;
(ii)
the measures referred to in Article 2(1)(b) and (c), and Article 2(2) of this Regulation, where these measures are of Community interest or where no appropriate proposal has been submitted in accordance with Articles 6 and 9 of this Regulation;
(b)
for measures to be implemented in third countries:
(i)
the measures referred to in Article 2(3)(d) of this Regulation;
(ii)
the measures referred to in Article 2(1)(a) and Article 2(3)(a), (b) and (c) of this Regulation, where these measures are of Community interest or where no appropriate proposal has been submitted in accordance with Articles 6 and 9 of this Regulation.
Article 11
Bodies responsible for implementing the programmes and measures
1. The Commission shall use an open or restricted call for tenders to select:
(a)
any technical assistants needed to evaluate proposals for the programmes provided for in Article 7(2), including the proposed implementing bodies;
(b)
the body or bodies responsible for implementing the measures referred to in Article 10.
2. After inviting competitive offers by all appropriate means, the proposing organisation shall select the bodies to implement the programmes selected in accordance with Article 7(1).
However, under certain conditions to be defined in accordance with the procedure referred to in Article 16(2), the proposing organisation may be authorised to implement certain parts of the programme itself.
3. The bodies responsible for implementing information and promotion measures shall have specialist knowledge of the products and markets concerned and have the resources necessary to ensure that the measures are implemented as effectively as possible, taking account of the European dimension of the programmes concerned.
Article 12
Monitoring of programmes
1. A Monitoring Group, comprising representatives of the Commission, the Member States concerned and the proposing organisations, shall monitor the programmes selected in accordance with Articles 8 and 9.
2. The Member States concerned shall be responsible for the proper implementation of the programmes selected in accordance with Articles 8 and 9 and for the relevant payments. The Member States shall ensure that the information and promotion material produced in the context of these programmes is in line with Community rules.
Article 13
Financing
1. Without prejudice to paragraph 4, the Community shall fully fund the measures referred to in Article 10. The Community shall also fully fund the costs to cover the technical assistants selected in accordance with Article 11(1)(a).
2. The Community’s financial participation in the programmes selected under Articles 8 and 9 shall not exceed 50 % of the actual cost of these programmes. Where information and promotion programmes have a duration of two or three years, the participation for each year of implementation shall not exceed this ceiling.
The percentage referred to in the first subparagraph shall be 60 % for measures for the promotion of fruit and vegetables intended specifically for children in schools of the Community.
3. Proposing organisations shall participate in the funding of the programmes they propose to a level of at least 20 % of the actual costs of the programmes, with the remaining funding being borne by the Member States concerned, where appropriate, taking account of the Community’s financial participation referred to in paragraph 2.
The share paid by the Member States and the proposing organisations respectively shall be fixed when the programme is submitted to the Commission in accordance with Article 7(2).
The payments made by Member States or proposing organisations may come from parafiscal charges or mandatory contributions.
4. Where Article 6(2) applies, the Community shall, after approving the programme, grant an appropriate contribution to the international organisation concerned.
5. For the programmes referred to in Article 9, the Member States concerned shall be responsible for the share of the financing not covered by the Community.
Member States’ financing may come from parafiscal charges.
6. Articles 87, 88 and 89 of the Treaty shall not apply to the financial participations of Member States nor to the financial participations from parafiscal charges or mandatory contributions of Member States or proposing organisations for programmes eligible for Community support under Article 36 of the Treaty, that the Commission has selected in accordance with Article 8(1) of this Regulation.
Article 14
Community expenditure
Community financing of the measures referred to in Article 1(1) shall be held to fall, according to the case, under Article 3(1)(d) or Article 3(2)(b) of Regulation (EC) No 1290/2005.
Article 15
Implementing rules
The detailed rules for implementing this Regulation shall be adopted in accordance with the procedure referred to in Article 16(2).
Article 16
Committee procedure
1. The Commission shall be assisted by the Management Committee for the common organisation of agricultural markets set up by Article 195 of 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) (8).
2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.
The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month.
Article 17
Consultation
Before drawing up the lists provided for in Article 4, defining the guidelines under Article 5, approving the programmes referred to in Articles 6 and 9, taking a decision on the measures in accordance with Article 10 or adopting the detailed implementing rules under Article 15, the Commission may consult:
(a)
the Advisory Group on Promotion of Agricultural Products set up by Commission Decision 2004/391/EC (9);
(b)
ad hoc technical working groups comprised of members of the committee or experts in promotion and advertising.
Article 18
Report
By 31 December 2010, the Commission shall submit to the European Parliament and the Council a report on the application of this Regulation, together with any appropriate proposals.
Article 19
Repeal
Regulations (EC) No 2702/1999 and (EC) No 2826/2000 are hereby repealed.
References made to the repealed Regulations shall be construed as references to this Regulation and shall be read in accordance with the correlation table in the Annex.
Article 20
Entry into force
This Regulation shall enter into force on the seventh 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 10 August 2001
on the granting of aid for the production of table olives in Portugal
(notified under document number C(2001) 2491)
(Only the Portuguese text is authentic)
(2001/670/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common organisation of the market in oils and fats(1), as last amended by Regulation (EC) No 1513/2001(2), and in particular Article 5(4) thereof,
Whereas:
(1) Article 5(4) of Regulation No 136/66/EEC grants the Member States the possibility of allocating part of their national guaranteed quantities and of their olive-oil production aid to support for table olives under conditions to be approved by the Commission in accordance with the procedure laid down in Article 38 of that Regulation.
(2) Portugal has presented a request in respect of the 2001/02, 2002/03 and 2003/04 marketing years.
(3) Provision should be made for the aid to be granted to growers of processed table olives from olive groves in Portugal and the conditions governing the granting of the aid should be specified.
(4) The processing period should be defined as running from 1 September to 31 August. Olives which have undergone initial treatment in brine lasting at least 15 days and have been removed from the brine definitively or failing that have undergone treatment making them fit for human consumption should be deemed to be processed olives.
(5) The weight of processed table olives on which aid is payable and the equivalence between processed table olives and olive oil should be determined for the purposes of calculating the unit aid on table olives and of administering the national guaranteed quantities.
(6) Undertakings processing table olives must be approved in accordance with conditions to be determined.
(7) Provisions should be laid down for checks on aid for table olives. Those provisions must in particular cover crop declarations by table-olive growers, notifications by processors of the quantities of olives delivered by growers and leaving the processing chain, and the obligations on paying agencies regarding controls. Provision should be made for penalties on table-olive growers where their declarations conflict with the results of checks conducted.
(8) The information needed for calculating the aid to be granted to growers of processed table olives should be determined. An advance on the aid may be granted under certain conditions.
(9) Portugal must notify the Commission of the national measures adopted for the purposes of applying this Decision and of the information used for calculating the advance on the aid and the definitive aid.
(10) 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
For the 2001/02, 2002/03 and 2003/04 olive-oil marketing years, Portugal is hereby authorised to grant aid for the production of table olives in accordance with this Decision.
Article 2
1. Aid for the production of table olives shall be granted to growers of olives which come from olive groves in Portugal and are sent to approved processing undertakings for processing into table olives.
2. For each olive-oil marketing year aid shall be granted for table olives processed between 1 September of the preceding marketing year and 31 August of the marketing year concerned.
3. Within the meaning of this Decision, "processed table olives" means olives that have undergone initial treatment in brine for at least 15 days and have been removed from the brine definitively or failing that have undergone treatment making them fit for human consumption.
Article 3
1. For the purposes of calculating the unit aid on table olives and of administering the national guaranteed quantities of olive oil, 100 kg of processed table olives shall be deemed to be equivalent to 11,5 kg of olive oil eligible for production aid as provided for in Article 5 of Regulation No 136/66/EEC.
2. The weight of processed table olives to be taken into consideration shall be the drained net weight of whole olives after processing, possibly bruised but not stoned.
Article 4
1. Approval numbers shall be allocated to undertakings which:
- submit an application for approval by 30 September preceding the olive-oil marketing year in question, accompanied by the information referred to in paragraph 2 and the commitments referred to in paragraph 3,
- market processed table olives, with or without additional preparation,
- have plant capable of processing at least 30 tonnes of olives per year.
2. Applications for approval shall include at least:
- a description of the processing plant and storage facilities, with details of their capacity,
- a description of the forms of table-olive preparations marketed, indicating the processing coefficient for each of them,
- details of stocks of table olives at various stages of preparation, by form of preparation, as at 1 September preceding the olive-oil marketing year in question.
3. For the purposes of approval, processors shall undertake:
- to keep table olives on which aid is payable separate from table olives originating in non-member countries and those on which aid is not payable when taking delivery of, processing and storing them,
- to keep stock accounts covering table olives, linked to the financial accounts and indicating, for each day:
(a) the quantities of olives entering the establishment, showing each consignment separately and identifying the grower of each;
(b) the quantities of olives sent for processing and the quantities of table olives processed within the meaning of Article 2(3);
(c) the quantities of table olives for which the process of preparation has been completed;
(d) the quantities of table olives leaving the undertaking, broken down by form of preparation and indicating the consignees,
- to provide the grower as referred to in Article 2(1) and the competent body with the documents and the information referred to in Article 6 in accordance with the conditions laid down therein,
- to submit to all checks provided for under this Decision.
4. Approval shall be refused or immediately withdrawn where undertakings:
- fail to comply or no longer comply with the conditions for approval, or
- are prosecuted by the competent authorities for irregularities in respect of the arrangements provided for in Regulation No 136/66/EEC, or
- have been penalised for an infringement to that Regulation within the past 24 months.
Article 5
For the purposes of granting the aid for the production of table olives, in addition to the crop declaration laid down for olive-oil production aid, by 1 December of the current marketing year growers shall lodge a supplementary declaration or, as appropriate, a new declaration containing the same information as the crop declaration for olive oil but referring to table olives.
Where the information concerned has already been furnished by a crop declaration for olive oil and has not been subject to modification, the supplementary declaration shall simply indicate the references to the crop declaration and the parcels concerned.
The declarations concerning table olives shall be included in the alphanumeric database provided for in connection with the aid scheme for olive oil production.
Article 6
1. On delivery of the final consignment of olives and no later than 30 June, approved undertakings shall issue growers as referred to in Article 2(1) with a certificate of delivery showing the net weight of olives entering the undertaking.
The certificate must be supported by all the documentation relating to the weight of the olive consignments delivered.
2. Approved undertakings shall notify the competent body and the control agency:
(a) by the 10th day of each month, of:
- the quantities of olives received, sent for processing and processed within the meaning of Article 2(3) in the course of the previous month,
- the quantities of olives prepared and sent out, broken down by form of preparation, in the course of the previous month,
- the aggregate quantities referred to in the first two indents and the stock situation at the end of the previous month;
(b) before 1 July, of the names of growers as referred to in Article 2(1) for the processing period referred to in Article 2(2) and of the quantities covered by certificates issued to them in accordance with paragraph 1;
(c) before 1 June, of the total quantities delivered for the processing period referred to in Article 2(2) and of the corresponding total quantities processed.
Article 7
1. Before 1 July of the current marketing year, table-olive growers shall lodge aid applications, directly or indirectly, with the competent body, containing at least the following details:
- the name and address of the grower,
- the location of the holdings and the parcels where olives were harvested, with a reference to the relevant crop declaration,
- the approved undertaking to which the olives were delivered.
Such applications shall be accompanied by certificates of delivery as referred to in Article 6(1).
Where applicable, applications may be accompanied by an application for an advance on the aid.
2. Applications lodged after the deadline shall incur a penalty consisting of a reduction of 1 % of the amount to which the grower would have been entitled had the application been lodged by the due date, for each working day of delay. Applications lodged more than 25 days late shall be refused.
Article 8
1. Before the definitive payment of the aid, the competent body shall carry out the controls required to check:
- the quantities of olives covered by certificates of delivery issued,
- the quantities of table olives processed, broken down by grower.
Controls shall involve:
- several physical inspections of goods in stock and a check of the accounts of approved undertakings,
- stricter checks of aid applications from olive growers applying for aid on both table olives and olive oil.
2. Portugal shall see that all the necessary controls are in place to ensure that:
- entitlement to table-olive production aid is respected,
- olives entering an undertaking approved under this Decision are excluded from eligibility for olive-oil production aid,
- no more than one aid application is lodged for the same olives.
3. Without prejudice to the penalties laid down by Portugal, no aid shall be granted to growers as referred to in Article 2(1) whose declarations as provided for in Article 5 or whose aid applications in accordance with Article 7 prove to conflict with the results of checks conducted. However, Article 15 of Commission Regulation (EC) No 2366/98(3) shall apply mutatis mutandis.
Article 9
1. Growers as referred to in Article 2(1) may receive an advance on the aid requested. The advance shall be equal to the unit amount referred to in Article 17a(1) of Council Regulation (EEC) No 2261/84(4), multiplied by the quantity of olive oil equivalent, in accordance with Article 3(1) of this Decision, to the relevant quantity of table olives processed.
For the purposes of granting advances to growers, the quantity of table olives processed shall be determined by applying a provisional processing coefficient to the quantity appearing in the certificate of delivery, as confirmed by the further information notified to the competent body. That coefficient shall be established by the competent body depending on the data available on the approved undertaking concerned. However, the quantity of table olives taken into consideration may not exceed 90 % of the quantity of table olives delivered.
2. Advances on the aid shall be paid from 16 October of the current marketing year to growers applying therefor in accordance with Article 7(1).
Article 10
1. Without prejudice to the reductions provided for in Article 20d of Regulation No 136/66/EEC, the aid shall be equal to the unit amount referred to in Article 17a(2) of Regulation (EEC) No 2261/84, multiplied by the quantity of olive oil equivalent, in accordance with Article 3(1) of this Decision, to the relevant quantity of table olives processed.
For the purposes of granting the aid to growers as referred to in Article 2(1), the quantity of table olives processed shall be determined by applying a processing coefficient for the undertaking concerned to the quantity appearing in the certificate of delivery, as confirmed by the further information notified to the competent body. That coefficient shall be equal to the ratio between the total quantity of table olives processed on the one hand, and the total quantity of table olives covered by certificates of delivery issued on the other hand, in respect of the olive-oil marketing year concerned.
Where the quantity of processed olives corresponding to the quantity set out in the certificate of delivery cannot be established, the quantities of table olives processed for the growers concerned shall be calculated on the basis of the average coefficient for the other undertakings. However, without prejudice to any claims which the olive growers concerned might make against the undertaking, that quantity of processed olives may not exceed 75 % of the quantity shown in the certificate of delivery.
2. Once the controls referred to in Article 8 have been carried out, the aid or, where applicable, the balance of the aid shall be paid to the grower in full within 90 days of fixing by the Commission of the unit amount thereof.
Article 11
Portugal shall notify the Commission:
- without delay, of the national measures taken pursuant to this Decision,
- before 1 August of each marketing year, of the quantities of olive oil equivalent to the estimated output of table olives processed and of the provisional processing coefficients for that estimate,
- before 16 June of each subsequent marketing year, of the quantities of olive oil equivalent to the actual output of table olives processed and of the processing coefficients adopted.
Article 12
This Decision shall apply from 1 September 2001.
Article 13
This Decision is addressed to the Portuguese Republic.
Done at Brussels, 10 August 2001. | [
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Commission Decision
of 27 February 2001
amending Decision 98/357/EC establishing the list of approved fish farms in Italy
(notified under document number C(2001) 459)
(Text with EEA relevance)
(2001/187/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 91/67/EEC of 28 January 1991 concerning the animal health conditions governing the placing on the market of aquaculture animals and products(1), as last amended by Directive 98/45/EC(2), and in particular Article 6 thereof,
Whereas:
(1) The Member States may obtain the status of approved free of infectious haematopietic necrosis (IHN) and viral haemorrhagic septicaemia (VHS) for fish farms located in zones that are non-approved in respect of IHN and VHS.
(2) The list of approved fish farms in Italy was established by Commission Decision 98/357/EC(3).
(3) Italy has submitted to the Commission the justifications for obtaining the status of approved farm in a non-approved zone in respect of IHN and VHS for two additional fish farms in the autonomous province of Trento, as well as the national rules ensuring compliance with the requirements for maintenance of the approved status.
(4) The Commission and the Member States examined the justifications notified by Italy for each farm.
(5) The result of this examination is that these two farms meet the requirements of Article 6 of Directive 91/67/EEC.
(6) Therefore, these farms are eligible for the status of approved farm situated in a non-approved zone.
(7) The two farms of concern should be added to the list of farms, which have already been approved.
(8) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Commitee,
HAS ADOPTED THIS DECISION:
Article 1
The Annex to Decision 98/357/EC is hereby replaced by the Annex hereto.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 27 February 2001. | [
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COMMISSION REGULATION (EEC) No 81/92 of 15 January 1992 laying down detailed rules for the application of Council Regulation (EEC) No 3877/86 on imports of rice of the long-grain aromatic Basmati variety
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3877/86 of 16 December 1986 on imports of rice of the long-grain aromatic Basmati variety (1), as last amended by Regulation (EEC) No 3130/91 (2), and in particular Article 3 thereof,
Whereas Regulation (EEC) No 3877/86 provides that, for the period 1 to 30 June 1996, a levy equal to 75 % of that calculated in accordance with Article 11 of Council Regulation (EEC) No 1418/76 (3), as last amended by Regulation (EEC) No 1806/89 (4), is applicable to imports of an annual quantity up to the equivalent of 10 000 tonnes of husked rice, of rice of the long-grain aromatic Basmati variety hereinafter referred to as Basmati rice; whereas the reduction in levy is subject to the condition that the reduced levy must not be less than the difference between the free-at-frontier price for Basmati rice and the threshold price for long-grain rice;
Whereas detailed rules for the application of the abovementioned Regulation are laid down by Commission Regulation (EEC) No 833/87 (5), as last amended by Regulation (EEC) No 674/91 (6); whereas experience suggests that some amendments should be made to these detailed rules and inserted, for the sake of readability, in a new text containing all the rules applicable;
Whereas morphological characteristics alone do not enable Basmati rice to be distinguished from other long-grain rice; whereas a certificate of authenticity of the product should therefore be issued by competent authorities recognized by the Commission in the exporting countries;
Whereas the import licences provided for in Regulation (EEC) No 3877/86 are issued with a view to the application of a reduced levy; whereas, with this in mind and having regard to the system provided for in Article 1 of Regulation (EEC) No 3877/86, it is appropriate to provide for licence applications to be accompanied by advance fixing of the levy;
Whereas, to enable the Commission to implement, where appropriate, Article 2 of Regulation (EEC) No 3877/86, provision should be made to require the Member States to notify to the Commission on a daily basis the quantities of Basmati rice in respect of which import licences have been applied for;
Whereas, because issue of the import licence is subject to presentation of the certificate of authenticity issued by the exporting country, it is necessary to provide for import licences to have a special period of validity which is greater than that provided for in Commission Regulation (EEC) No 891/89 of 7 April 1989 on special detailed rules for the application of the system of import and export licences for cereals and rice (7), as last amended by Regulation (EEC) No 675/91 (8);
Whereas, since the quota of 10 000 tonnes of husked Basmati rice is for one calendar year, the quantity which may be imported from 1 July to 31 December 1991 and from 1 January to 30 June 1996 should be limited to the equivalent of 5 000 tonnes of husked rice;
Whereas Basmati rice is harvested in regions situated in two countries; whereas import licences giving entitlement to the reduction in the levy may be issued for a maximum annual quantity of 10 000 tonnes only; whereas as a result some operators possessing certificates of authenticity may not be able to obtain an import licence under Regulation (EEC) No 3877/86;
Whereas, in order to facilitate monitoring of the imports in question, the issue of import documents should be restricted to enterprises which give some guarantee, applications by a single enterprise should be submitted in only one Member State and import documents should not be transferable;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
1. The arrangements provided for in Regulation (EEC) No 3877/86 shall apply to Basmati rice falling within CN codes ex 1006 10 27, ex 1006 10 98, ex 1006 20 17, ex 1006 20 98, ex 1006 30 27, ex 1006 30 48, ex 1006 30 67 and ex 1006 30 98 placed in free circulation providing that it is covered by import licences issued subject to the presentation of a certificate of authenticity issued by the competent authorities recognized by the Commission in the exporting country and listed in Annex I hereto.
2. Without prejudice to Article 6 (2), the total quantity specified in Article 2 of Regulation (EEC) No 3877/86 shall be allocated at a rate of 3 500 tonnes of husked rice equivalent for each of the first two four-month periods of a year and 3 000 tonnes for the third four-month period. Any quantity which is not allocated during one four-month period may be added to that for the following four-month period.
Article 2
1. An original and three copies of different colours of the certificate of authenticity shall be drawn up using a form, a specimen of which appears in Annex II hereto.
The size of the form shall be approximately 210 mm × 297 mm. The original shall be drawn up on paper so that any mechanical or chemical forgery can be detected.
2. The forms shall be printed and completed in English.
3. The original and the copies thereof shall be completed either using a typewriter or by hand. In the latter case, they must be completed in ink using block capitals.
4. Each certificate of authenticity shall bear a serial number in the right-hand uppermost box. The copies shall bear the same numbers as the original.
5. The issuing body shall keep two copies and shall hand over the original and one copy to the applicant.
Article 3
The certificate of authenticity shall be valid for 90 days from its date of issue.
It shall be valid only if the boxes have been properly completed and if it has been stamped in accordance with the instructions printed on it.
Article 4
1. The application for an import licence shall be submitted to the competent authorities of the Member States, and shall include an application for advance fixing of the levy valid on the day it is submitted.
Notwithstanding Article 12 (b) of Regulation (EEC) No 891/89, the security shall be equal to 25 % of the levy which, on the day the application is submitted, would normally be applicable in the case of the product concerned.
2. Without prejudice to Article 6 (2), applications for import licences shall be valid only if lodged on the first five working days of January, May and September.
3. Notwithstanding Article 8 (4) of Commission Regulation (EEC) No 3719/88 (9), the quantity released for free circulation may exceed that indicated in boxes 17 and 18 of the import licence. The figure zero shall be entered to that effect in box 19 of the licence.
4. Applications for licences shall be admissible only if:
- they are submitted by a natural or legal person who at the time the application is submitted has been engaged for at least 12 months in a commercial activity in the cereals and/or rice sector and who is entered in the public register of a Member State,
- applications by the same applicant do not exceed 1 000 tonnes of husked rice equivalent per application period. Conversion into husked equivalent shall be on the basis of the conversion rates laid down in Commission Regulation No 467/67/EEC (10),
- the applicant declares in writing that he has not submitted and undertakes not to submit applications for the same product in Member States other than that in which the application has been made; where the applicant submits applications in two or more Member States, all the applications shall be inadmissible.
Article 5
1. Not later than the 13th day after the expiry of the time limit for submitting applications for licences the Commission shall notify the Member States by telex:
- that licences may be issued in respect of all the quantities applied for and notified to it pursuant to Article 7 (a),
or
- of the standard percentage reduction which must be applied to the quantities applied for and notified to it,
or
- that the conditions laid down in Article 1 of Regulation (EEC) No 3877/86 for entitlement to a reduced levy have not been met.
2. Licences shall be issued, for the quantities applicable under paragraph 1, provided that the applicant submits the original and a copy of the certificate of authenticity specifying a quantity, equal to that applicable under the said paragraph 1. The original of the certificate of authenticity shall be kept by the body issuing the import licence, which shall certify that the copy corresponds to the original. The party concerned must present the copy to the customs authorities when the product to which it relates is released for free circulation.
Where the quantity for which the import licence is issued is less than that applied for, the security required under Article 4 (1) shall be reduced accordingly.
3. The import licence shall include:
(a) in box 20, one of the following:
Exacción reguladora reducida Basmati, certificado de autenticidad no . . ., emitido por . . .,
Reduceret afgift Basmati, aegthedscertifikat nr. . . ., udstedt af . . .,
Ermaessigte Abschoepfung Basmati, Echtheitszeugnis Nr. . . ., ausgestellt von . . .,
ÌaaéùìÝíç aaéóoeïñUE Basmati, ðéóôïðïéçôéêue ãíçóéueôçôáò áñéè. . . ., aaêaeueèçêaa áðue . . .,
Reduced levy Basmati, certificate of authenticity No . . ., issued by . . .,
Prélèvement réduit Basmati, certificat d'authenticité no . . ., émis par . . .,
Prelievo ridotto Basmati, certificato di autenticità n. . . ., emesso da . . .,
Verlaagde heffing Basmati, echtheidscertificaat nr. . . ., afgegeven door . . .,
Direito nivelador reduzido Basmati, certificado de autenticidade no . . ., emitido por . . .;
(b) in box 8, the country or territory in which the product originates.
The product must be imported from the country of origin stated on the licence.
4. Notwithstanding Article 9 of Regulation (EEC) No 891/89, import licences shall be valid from the day on which they are issued, within the meaning of Article 21 (1) of Regulation (EEC) No 3719/88, until the end of the third month following that of issue.
5. Notwithstanding Article 9 of Regulation (EEC) No 3719/88, the rights arising from the import licence shall not be transferable.
However, where the quantity for which the licence is issued does not exceed 20 tonnes, the licence may be cancelled, and the security concerned released, if the party concerned submits a request to that effect to the agency which issued the licence. Where a licence is cancelled the competent agency of the Member State concerned must, within two days of the said cancellation, communicate the quantity concerned.
Article 6
1. Of the quantity referred to in Article 2 of Regulation (EEC) No 3877/86, only 3 450 tonnes of rice falling within CN codes ex 1006 30 27, ex 1006 30 48, ex 1006 30 67 and ex 1006 30 98 may be placed in free circulation; the remaining quantities must consist of rice falling within codes ex 1006 10 27, ex 1006 10 98, ex 1006 20 17 and ex 1006 20 98.
2. The quantity for allocation in January 1992 shall be 8 500 tonnes of husked rice equivalent. Import applications in respect of this quantity shall be admissible during the last five working days of January 1992.
For the period from 1 January 1996 to 30 June 1996 the maximum quantity to be placed in free circulation under this Regulation shall be 5 000 tonnes of husked rice equivalent. Import applications in respect of this quantity shall be admissible during the first five working days of 1996.
Article 7
The Member States shall forward to the Commission, by telex, the following information:
(a) not later than the second working day following the expiry of the period during which applications may be submitted, the quantities of rice, in respect of each CN code concerned, for which applications for import licences have been submitted pursuant to Article 1 of Regulation (EEC) No 3877/86, and the names and addresses of the applicants;
(b) not later than two working days following their issue, the quantities of rice, in respect of each CN code concerned, for which import licences have been issued, stating the date and the exporting country and the names and addresses of the holders;
(c) on the last working day of the month following that in which the rice was placed in free circulation, the quantities of Basmati rice, by CN code and by country of origin, which have been placed in free circulation.
Similarly, the Commission must be notified accordingly if no application has been submitted, no licence issued or no quantity imported during the period concerned.
Article 8
Pursuant to Regulation (EEC) No 3877/86, the Commission shall fix, for the periods during which applications are admissible, the levies to be applied to imports.
Article 9
Regulation (EEC) No 833/87 is hereby repealed.
Article 10
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, 15 January 1992. | [
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COMMISSION REGULATION (EC) No 795/2008
of 7 August 2008
fixing the export refunds on pigmeat
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), final subparagraph, and Article 170 thereof,
Whereas:
(1)
Article 162(1) of Regulation (EC) No 1234/2007 provides that the difference between prices on the world market for the products listed in Part XVII of Annex I to that Regulation and prices for those products on the Community market may be covered by an export refund.
(2)
Given the present situation on the market in pigmeat, export refunds should therefore be fixed in accordance with the rules and criteria provided for in Articles 162 to 164, 167, 169 and 170 of Regulation (EC) No 1234/2007.
(3)
Article 164(1) of Regulation (EC) No 1234/2007 provides that the refund may vary according to destination, especially where the world market situation, the specific requirements of certain markets, or obligations resulting from agreements concluded in accordance with Article 300 of the Treaty make this necessary.
(4)
Refunds should be granted only on products that are allowed to move freely in the Community and that bear the health mark as provided for in Article 5(1)(a) of Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (2). Those products must also satisfy the requirements laid down in Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (3) and Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (4).
(5)
The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chairman,
HAS ADOPTED THIS REGULATION:
Article 1
1. Export refunds as provided for in Article 164 of Regulation (EC) No 1234/2007 shall be granted on the products and for the amounts set out in the Annex to this Regulation subject to the condition provided for in paragraph 2 of this Article.
2. The products eligible for a refund under paragraph 1 must meet the relevant requirements of Regulations (EC) Nos 852/2004 and 853/2004, notably preparation in an approved establishment and compliance with the health marking requirements laid down in Annex I, Section I, Chapter III to Regulation (EC) No 854/2004.
Article 2
This Regulation shall enter into force on 8 August 2008.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 August 2008. | [
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Council Decision 2003/806/CFSP
of 17 November 2003
extending and amending Decision 1999/730/CFSP implementing Joint Action 1999/34/CFSP with a view to a European Union contribution to combating the destabilising accumulation and spread of small arms and light weapons in Cambodia
THE COUNCIL OF THE EUROPEAN UNION
Having regard to the Treaty on European Union, and in particular Article 23(2) thereof,
Having regard to Council Joint Action 2002/589/CFSP of 12 July 2002 on the European Union's contribution to combating the destabilising accumulation and spread of small arms and light weapons(1), and in particular Article 6 thereof,
Whereas:
(1) On 15 November 1999 the Council adopted Decision 1999/730/CFSP(2) concerning a European Union contribution to combating the destabilising accumulation and spread of small arms and light weapons in Cambodia, which was aimed at implementing Joint Action 1999/34/CFSP(3).
(2) Some objectives could not be fulfilled by 15 November 2003, the date on which Decision 2002/904/CFSP expired, and others should be consolidated and expanded after that date.
(3) The European Union has made a total contribution of EUR 5135992 since 1999 to combating the destabilising accumulation and spread of small arms in Cambodia, implementing Joint Action 1999/34/CFSP. The European Union's continued contribution is part of the follow-up to the Programme of Action to prevent, combat and eradicate the illicit trade in small arms and light weapons in all its aspects adopted by the United Nations Conference on the Illicit Trade in Small Arms and Light Weapons in all its Aspects (New York, 9 to 20 July 2001). This should encourage other donors to support the drive to reduce and control small arms and light weapons and, where appropriate, allow the implementation of joint projects with other donors.
(4) Decision 1999/730/CFSP should therefore be extended and amended,
HAS DECIDED AS FOLLOWS:
Article 1
Decision 1999/730/CFSP is hereby amended as follows:
(a) in Article 3(1), the financial reference amount "EUR 1568000" shall be replaced by "EUR 1436953";
(b) in Article 4 second subparagraph, "15 November 2003" shall be replaced by "15 November 2004";
(c) the Annex shall be replaced by the Annex to this Decision.
Article 2
This Decision shall take effect on 16 November 2003.
Article 3
This Decision shall be published in the Official Journal of the European Union.
Done at Brussels, 17 November 2003. | [
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COMMISSION DECISION
of 29 November 2004
on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Republic of Chile concerning amendments to Appendix I to the Agreement on trade in spirit drinks and aromatised drinks of the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, taking into account the enlargement
(2004/881/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Decision 2002/979/EC of 18 November 2002 on the signature and provisional application of certain provisions of an Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part (1), and in particular Article 5(2) thereof,
Whereas:
(1)
Taking account of the enlargement, it is necessary to amend Appendix I, Section A of the Agreement on trade in spirit drinks and aromatised drinks of the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, in order to protect the new spirit terms of the new Member States with effect from 1 May 2004.
(2)
Therefore, the Community and the Republic of Chile have negotiated, in accordance with Article 16(2) of the aforementioned Agreement, an agreement in the form of an Exchange of Letters to amend its Appendix I, section A. This Exchange of Letters should therefore be approved.
(3)
The measures provided for in this Decision are in accordance with the opinion of the Implementation Committee for Spirit Drinks,
HAS DECIDED AS FOLLOWS:
Article 1
The Agreement in the form of an Exchange of Letters between the European Community and the Republic of Chile amending Appendix I, Section A of the Agreement on trade in spirit drinks and aromatised drinks of the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, is hereby approved on behalf of the Community.
The text of the Agreement is attached to this Decision.
Article 2
The Commissioner of Agriculture is hereby empowered to sign the Exchange of Letters in order to bind the Community.
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*****
COMMISSION REGULATION (EEC) No 724/84
of 20 March 1984
re-establishing the levying of customs duties on sodium dichromate, falling within subheading 28.47 B ex II and originating in Romania, to which the preferential tariff arrangements set out in Council Regulation (EEC) No 3569/83 apply
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3569/83 of 16 December 1983 applying generalized tariff preferences for 1984 in respect of certain industrial products originating in developing countries (1), and in particular Article 13 thereof,
Whereas, pursuant to Article 1 of that Regulation, duties on the products listed in Annex B originating in each of the countries or territories listed in Annex C shall be totally suspended and the products as such shall, as a general rule, be subject to statistical surveillance every three months on the reference base referred to in Article 12;
Whereas, as provided for in Article 12 of that Regulation, where the increase of preferential imports of these products, originating in one or more beneficiary countries, causes, or threatens to cause, economic difficulties in the Community or in a region of the Community, the levying of customs duties may be re-established, once the Commission has had an appropriate exchange of information with the Member States; whereas for this purpose the reference base to be considered shall be, as a general rule, 150 % of the highest maximum amount valid for 1980;
Whereas, in the case of sodium dichromate falling within subheading 28.47 B ex II the reference base is fixed at 264 700 ECU; whereas, on 16 March 1984, imports of these products into the Community originating in Romania, reached the reference base in question after being charged thereagainst; whereas the exchange of information organized by the Commission has demonstrated that continuance of the preference threatens to cause economic difficulties in a region of the Community; whereas, therefore, customs duties in respect of the products in question must be re-established against Romania,
HAS ADOPTED THIS REGULATION:
Article 1
As from 24 March 1984, the levying of customs duties, suspended pursuant to Council Regulation (EEC) No 3569/83, shall be re-established on imports into the Community of the following products originating in Romania:
1.2 // // // CCT heading No // Description // // // 28.47 B ex II (NIMEXE code 28.47-41) // Sodium dichromate // //
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COUNCIL DECISION 2008/616/JHA
of 23 June 2008
on the implementation of Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to Article 33 of Council Decision 2008/615/JHA (1),
Having regard to the initiative of the Federal Republic of Germany,
Having regard to the opinion of the European Parliament (2),
Whereas:
(1)
On 23 June 2008 the Council adopted Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime.
(2)
By means of Decision 2008/615/JHA, the basic elements of the Treaty of 27 May 2005 between the Kingdom of Belgium, the Federal Republic of Germany, the Kingdom of Spain, the French Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands and the Republic of Austria on the stepping up of cross-border cooperation, particularly in combating terrorism, cross-border crime and illegal migration (hereinafter the Prüm Treaty), were transposed into the legal framework of the European Union.
(3)
Article 33 of Decision 2008/615/JHA provides that the Council is to adopt the measures necessary to implement Decision 2008/615/JHA at the level of the Union in accordance with the procedure laid down in the second sentence of Article 34(2)(c) of the Treaty on European Union. These measures are to be based on the Implementing Agreement of 5 December 2006 concerning the administrative and technical implementation and application of the Prüm Treaty.
(4)
This Decision establishes those common normative provisions which are indispensable for administrative and technical implementation of the forms of cooperation set out in Decision 2008/615/JHA. The Annex to this Decision contains implementing provisions of a technical nature. In addition, a separate Manual, containing exclusively factual information to be provided by the Member States, will be drawn up and kept up to date by the General Secretariat of the Council.
(5)
Having regard to technical capabilities, routine searches of new DNA profiles will in principle be carried out by means of single searches, and appropriate solutions for this will be found at the technical level,
HAS DECIDED AS FOLLOWS:
CHAPTER I
GENERAL
Article 1
Aim
The aim of this Decision is to lay down the necessary administrative and technical provisions for the implementation of Decision 2008/615/JHA, in particular as regards the automated exchange of DNA data, dactyloscopic data and vehicle registration data, as set out in Chapter 2 of that Decision, and other forms of cooperation, as set out in Chapter 5 of that Decision.
Article 2
Definitions
For the purposes of this Decision:
(a)
‘search’ and ‘comparison’, as referred to in Articles 3, 4 and 9 of Decision 2008/615/JHA, mean the procedures by which it is established whether there is a match between, respectively, DNA data or dactyloscopic data which have been communicated by one Member State and DNA data or dactyloscopic data stored in the databases of one, several, or all of the Member States;
(b)
‘automated searching’, as referred to in Article 12 of Decision 2008/615/JHA, means an online access procedure for consulting the databases of one, several, or all of the Member States;
(c)
‘DNA profile’ means a letter or number code which represents a set of identification characteristics of the non-coding part of an analysed human DNA sample, i.e. the particular molecular structure at the various DNA locations (loci);
(d)
‘non-coding part of DNA’ means chromosome regions not genetically expressed, i.e. not known to provide for any functional properties of an organism;
(e)
‘DNA reference data’ mean DNA profile and reference number;
(f)
‘reference DNA profile’ means the DNA profile of an identified person;
(g)
‘unidentified DNA profile’ means the DNA profile obtained from traces collected during the investigation of criminal offences and belonging to a person not yet identified;
(h)
‘note’ means a Member State's marking on a DNA profile in its national database indicating that there has already been a match for that DNA profile on another Member State's search or comparison;
(i)
‘dactyloscopic data’ mean fingerprint images, images of fingerprint latents, palm prints, palm print latents and templates of such images (coded minutiae), when they are stored and dealt with in an automated database;
(j)
‘vehicle registration data’ mean the data-set as specified in Chapter 3 of the Annex to this Decision;
(k)
‘individual case’, as referred to in Article 3(1), second sentence, Article 9(1), second sentence and Article 12(1) of Decision 2008/615/JHA, means a single investigation or prosecution file. If such a file contains more than one DNA profile, or one piece of dactyloscopic data or vehicle registration data, they may be transmitted together as one request.
CHAPTER 2
COMMON PROVISIONS FOR DATA EXCHANGE
Article 3
Technical specifications
Member States shall observe common technical specifications in connection with all requests and answers related to searches and comparisons of DNA profiles, dactyloscopic data and vehicle registration data. These technical specifications are laid down in the Annex to this Decision.
Article 4
Communications network
The electronic exchange of DNA data, dactyloscopic data and vehicle registration data between Member States shall take place using the Trans European Services for Telematics between Administrations (TESTA II) communications network and further developments thereof.
Article 5
Availability of automated data exchange
Member States shall take all necessary measures to ensure that automated searching or comparison of DNA data, dactyloscopic data and vehicle registration data is possible 24 hours a day and seven days a week. In the event of a technical fault, the Member States' national contact points shall immediately inform each other and shall agree on temporary alternative information exchange arrangements in accordance with the legal provisions applicable. Automated data exchange shall be re-established as quickly as possible.
Article 6
Reference numbers for DNA data and dactyloscopic data
The reference numbers referred to in Article 2 and Article 8 of Decision 2008/615/JHA shall consist of a combination of the following:
(a)
a code allowing the Member States, in the case of a match, to retrieve personal data and other information in their databases in order to supply it to one, several or all of the Member States in accordance with Article 5 or Article 10 of Decision 2008/615/JHA;
(b)
a code to indicate the national origin of the DNA profile or dactyloscopic data; and
(c)
with respect to DNA data, a code to indicate the type of DNA profile.
CHAPTER 3
DNA DATA
Article 7
Principles of DNA data exchange
1. Member States shall use existing standards for DNA data exchange, such as the European Standard Set (ESS) or the Interpol Standard Set of Loci (ISSOL).
2. The transmission procedure, in the case of automated searching and comparison of DNA profiles, shall take place within a decentralised structure.
3. Appropriate measures shall be taken to ensure confidentiality and integrity for data being sent to other Member States, including their encryption.
4. Member States shall take the necessary measures to guarantee the integrity of the DNA profiles made available or sent for comparison to the other Member States and to ensure that these measures comply with international standards such as ISO 17025.
5. Member States shall use Member State codes in accordance with the ISO 3166-1 alpha-2 standard.
Article 8
Rules for requests and answers in connection with DNA data
1. A request for an automated search or comparison, as referred to in Articles 3 or 4 of Decision 2008/615/JHA, shall include only the following information:
(a)
the Member State code of the requesting Member State;
(b)
the date, time and indication number of the request;
(c)
DNA profiles and their reference numbers;
(d)
the types of DNA profiles transmitted (unidentified DNA profiles or reference DNA profiles); and
(e)
information required for controlling the database systems and quality control for the automatic search processes.
2. The answer (matching report) to the request referred to in paragraph 1 shall contain only the following information:
(a)
an indication as to whether there were one or more matches (hits) or no matches (no hits);
(b)
the date, time and indication number of the request;
(c)
the date, time and indication number of the answer;
(d)
the Member State codes of the requesting and requested Member States;
(e)
the reference numbers of the requesting and requested Member States;
(f)
the type of DNA profiles transmitted (unidentified DNA profiles or reference DNA profiles);
(g)
the requested and matching DNA profiles; and
(h)
information required for controlling the database systems and quality control for the automatic search processes.
3. Automated notification of a match shall only be provided if the automated search or comparison has resulted in a match of a minimum number of loci. This minimum is set out in Chapter 1 of the Annex to this Decision.
4. The Member States shall ensure that requests comply with declarations issued pursuant to Article 2(3) of Decision 2008/615/JHA. These declarations shall be reproduced in the Manual referred to in Article 18(2) of this Decision.
Article 9
Transmission procedure for automated searching of unidentified DNA profiles in accordance with Article 3 of Decision 2008/615/JHA
1. If, in a search with an unidentified DNA profile, no match has been found in the national database or a match has been found with an unidentified DNA profile, the unidentified DNA profile may then be transmitted to all other Member States' databases and if, in a search with this unidentified DNA profile, matches are found with reference DNA profiles and/or unidentified DNA profiles in other Member States' databases, these matches shall be automatically communicated and the DNA reference data transmitted to the requesting Member State; if no matches can be found in other Member States' databases, this shall be automatically communicated to the requesting Member State.
2. If, in a search with an unidentified DNA profile, a match is found in other Member States' databases, each Member State concerned may insert a note to this effect in its national database.
Article 10
Transmission procedure for automated search of reference DNA profiles in accordance with Article 3 of Decision 2008/615/JHA
If, in a search with a reference DNA profile, no match has been found in the national database with a reference DNA profile or a match has been found with an unidentified DNA profile, this reference DNA profile may then be transmitted to all other Member States' databases and if, in a search with this reference DNA profile, matches are found with reference DNA profiles and/or unidentified DNA profiles in other Member States' databases, these matches shall be automatically communicated and the DNA reference data transmitted to the requesting Member State; if no matches can be found in other Member States' databases, it shall be automatically communicated to the requesting Member State.
Article 11
Transmission procedure for automated comparison of unidentified DNA profiles in accordance with Article 4 of Decision 2008/615/JHA
1. If, in a comparison with unidentified DNA profiles, matches are found in other Member States' databases with reference DNA profiles and/or unidentified DNA profiles, these matches shall be automatically communicated and the DNA reference data transmitted to the requesting Member State.
2. If, in a comparison with unidentified DNA profiles, matches are found in other Member States' databases with unidentified DNA profiles or reference DNA profiles, each Member State concerned may insert a note to this effect in its national database.
CHAPTER 4
DACTYLOSCOPIC DATA
Article 12
Principles for the exchange of dactyloscopic data
1. The digitalisation of dactyloscopic data and their transmission to the other Member States shall be carried out in accordance with the uniform data format specified in Chapter 2 of the Annex to this Decision.
2. Each Member State shall ensure that the dactyloscopic data it transmits are of sufficient quality for a comparison by the automated fingerprint identification systems (AFIS).
3. The transmission procedure for the exchange of dactyloscopic data shall take place within a decentralised structure.
4. Appropriate measures shall be taken to ensure the confidentiality and integrity of dactyloscopic data being sent to other Member States, including their encryption.
5. The Member States shall use Member State codes in accordance with the ISO 3166-1 alpha-2 standard.
Article 13
Search capacities for dactyloscopic data
1. Each Member State shall ensure that its search requests do not exceed the search capacities specified by the requested Member State. Member States shall submit declarations as referred to in Article 18(2) to the General Secretariat of the Council in which they lay down their maximum search capacities per day for dactyloscopic data of identified persons and for dactyloscopic data of persons not yet identified.
2. The maximum numbers of candidates accepted for verification per transmission are set out in Chapter 2 of the Annex to this Decision.
Article 14
Rules for requests and answers in connection with dactyloscopic data
1. The requested Member State shall check the quality of the transmitted dactyloscopic data without delay by a fully automated procedure. Should the data be unsuitable for an automated comparison, the requested Member State shall inform the requesting Member State without delay.
2. The requested Member State shall conduct searches in the order in which requests are received. Requests shall be processed within 24 hours by a fully automated procedure. The requesting Member State may, if its national law so prescribes, ask for accelerated processing of its requests and the requested Member State shall conduct these searches without delay. If deadlines cannot be met for reasons of force majeure, the comparison shall be carried out without delay as soon as the impediments have been removed.
CHAPTER 5
VEHICLE REGISTRATION DATA
Article 15
Principles of automated searching of vehicle registration data
1. For automated searching of vehicle registration data Member States shall use a version of the European Vehicle and Driving Licence Information System (Eucaris) software application especially designed for the purposes of Article 12 of Decision 2008/615/JHA, and amended versions of this software.
2. Automated searching of vehicle registration data shall take place within a decentralised structure.
3. The information exchanged via the Eucaris system shall be transmitted in encrypted form.
4. The data elements of the vehicle registration data to be exchanged are specified in Chapter 3 of the Annex to this Decision.
5. In the implementation of Article 12 of Decision 2008/615/JHA, Member States may give priority to searches related to combating serious crime.
Article 16
Costs
Each Member State shall bear the costs arising from the administration, use and maintenance of the Eucaris software application referred to in Article 15(1).
CHAPTER 6
POLICE COOPERATION
Article 17
Joint patrols and other joint operations
1. In accordance with Chapter 5 of Decision 2008/615/JHA, and in particular with the declarations submitted pursuant to Articles 17(4), 19(2), and 19(4) of that Decision, each Member State shall designate one or more contact points in order to allow other Member States to address competent authorities and each Member State may specify its procedures for setting up joint patrols and other joint operations, its procedures for initiatives from other Member States with regard to those operations, as well as other practical aspects, and operational modalities in relation to those operations.
2. The General Secretariat of the Council shall compile and keep up to date a list of the contact points and shall inform the competent authorities about any change to that list.
3. The competent authorities of each Member State may take the initiative to set up a joint operation. Before the start of a specific operation, the competent authorities referred to in paragraph 2 shall make written or verbal arrangements that may cover details such as:
(a)
the competent authorities of the Member States for the operation;
(b)
the specific purpose of the operation;
(c)
the host Member State where the operation is to take place;
(d)
the geographical area of the host Member State where the operation is to take place;
(e)
the period covered by the operation;
(f)
the specific assistance to be provided by the seconding Member State(s) to the host Member State, including officers or other officials, material and financial elements;
(g)
the officers participating in the operation;
(h)
the officer in charge of the operation;
(i)
the powers that the officers and other officials of the seconding Member State(s) may exercise in the host Member State during the operation;
(j)
the particular arms, ammunition and equipment that the seconding officers may use during the operation in accordance with Decision 2008/615/JHA;
(k)
the logistic modalities as regards transport, accommodation and security;
(l)
the allocation of the costs of the joint operation if it differs from that provided in the first sentence of Article 34 of Decision 2008/615/JHA;
(m)
any other possible elements required.
4. The declarations, procedures and designations provided for in this Article shall be reproduced in the Manual referred to in Article 18(2).
CHAPTER 7
FINAL PROVISIONS
Article 18
Annex and Manual
1. Further details concerning the technical and administrative implementation of Decision 2008/615/JHA are set out in the Annex to this Decision.
2. A Manual shall be prepared and kept up to date by the General Secretariat of the Council, comprising exclusively factual information provided by the Member States through declarations made pursuant to Decision 2008/615/JHA or this Decision or through notifications made to the General Secretariat of the Council. The Manual shall be in the form of a Council Document.
Article 19
Independent data protection authorities
Member States shall, in accordance with Article 18(2) of this Decision, inform the General Secretariat of the Council of the independent data protection authorities or the judicial authorities as referred to in Article 30(5) of Decision 2008/615/JHA.
Article 20
Preparation of decisions as referred to in Article 25(2) of Decision 2008/615/JHA
1. The Council shall take a decision as referred to in Article 25(2) of Decision 2008/615/JHA on the basis of an evaluation report which shall be based on a questionnaire.
2. With respect to the automated data exchange in accordance with Chapter 2 of Decision 2008/615/JHA, the evaluation report shall also be based on an evaluation visit and a pilot run that shall be carried out when the Member State concerned has informed the General Secretariat in accordance with the first sentence of Article 36(2) of Decision 2008/615/JHA.
3. Further details of the procedure are set out in Chapter 4 of the Annex to this Decision.
Article 21
Evaluation of the data exchange
1. An evaluation of the administrative, technical and financial application of the data exchange pursuant to Chapter 2 of Decision 2008/615/JHA, and in particular the use of the mechanism of Article 15(5), shall be carried out on a regular basis. The evaluation shall relate to those Member States already applying Decision 2008/615/JHA at the time of the evaluation and shall be carried out with respect to the data categories for which data exchange has started among the Member States concerned. The evaluation shall be based on reports of the respective Member States.
2. Further details of the procedure are set out in Chapter 4 of the Annex to this Decision.
Article 22
Relationship with the Implementing Agreement of the Prüm Treaty
For the Member States bound by the Prüm Treaty, the relevant provisions of this Decision and the Annex hereto once fully implemented shall apply instead of the corresponding provisions contained in the Implementing Agreement of the Prüm Treaty. Any other provisions of the Implementing Agreement shall remain applicable between the contracting parties of the Prüm Treaty.
Article 23
Implementation
Member States shall take the necessary measures to comply with the provisions of this Decision within the periods referred to in Article 36(1) of Decision 2008/615/JHA.
Article 24
Application
This Decision shall take effect 20 days following its publication in the Official Journal of the European Union.
Done at Luxembourg, 23 June 2008. | [
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*****
COMMISSION REGULATION (EEC) No 1179/85
of 6 May 1985
re-establishing the levying of customs duties applicable to third countries on certain products originating in Yugoslavia
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Cooperation Agreement between the European Economic Community and the Socialist Federal Republic of Yugoslavia (1), and in particular Protocol 1 thereto,
Having regard to Article 1 of Council Regulation (EEC) No 3219/84 of 6 November 1984 establishing ceilings and Community supervision for imports of certain products originating in Yugoslavia (2);
Whereas Article 1 of the abovementioned Protocol provides that the products listed below, imported under reduced duty rates according to Article 15 of the Cooperation Agreement are subject to the annual ceiling indicated below, above which the customs duties applicable to third countries may be re-established:
(tonnes)
1.2.3 // // // // CCT heading No // Description // Ceiling // // // // 94.03 // Other furniture and parts thereof: B. Other // 5 350 // // //
Whereas imports into the Community of those products originating in Yugoslavia have reached that ceiling; whereas the situation on the Community market requires that customs duties applicable to third countries on the products in question be re-established,
HAS ADOPTED THIS REGULATION:
Article 1
From 10 May to 31 December 1985, the levying of customs duties applicable to third countries shall be re-established on imports into the Community of the following products:
1.2.3 // // // // CCT heading No // Description // Origin // // // // 94.03 // Other furniture and parts thereof: B. Other // Yugoslavia // // //
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 6 May 1985. | [
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COMMISSION REGULATION (EC) No 2842/98 of 22 December 1998 on the hearing of parties in certain proceedings under Articles 85 and 86 of the EC Treaty (Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to the Agreement on the European Economic Area,
Having regard to Council Regulation No 17 of 6 February 1962, First Regulation implementing Articles 85 and 86 of the Treaty (1), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 24 thereof,
Having regard to Council Regulation (EEC) No 1017/68 of 19 July 1968 applying rules of competition to transport by rail, road and inland waterway (2), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 29 thereof,
Having regard to Council Regulation (EEC) No 4056/86 of 22 December 1986 laying down detailed rules for the application of Articles 85 and 86 of the Treaty to maritime transport (3), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 26 thereof,
Having regard to Council Regulation (EEC) No 3975/87 of 14 December 1987 laying down the procedure for the application of the rules on competition to undertakings in the air transport sector (4), as last amended by Regulation (EEC) No 2410/92 (5), and in particular Article 19 thereof,
Having consulted the appropriate Advisory Committees on Restrictive Practices and Dominant Positions,
(1) Whereas a great deal of experience has been acquired in the application of Commission Regulation No 99/63/EEC of 25 July 1963 on the hearings provided for in Article 19(1) and (2) of Regulation No 17 (6), Commission Regulation (EEC) No 1630/69 of 8 August 1969 on the hearings provided for in Article 26(1) and (2) of Council Regulation (EEC) No 1017/68 of 19 July 1968 (7), Section II of Commission Regulation (EEC) No 4260/88 of 16 December 1988 on the communications, complaints and applications and the hearings provided for in Council Regulation (EEC) No 4056/86 laying down detailed rules for the application of Articles 85 and 86 of the Treaty to maritime transport (8), as last amended by the Act of Accession of Austria, Finland and Sweden, and Section II of Commission Regulation (EEC) No 4261/88 of 16 December 1988 on the complaints, applications and hearings provided for in Council Regulation (EEC) No 3975/87 laying down the procedure for the application of the rules on competition to undertakings in the air transport sector (9);
(2) Whereas that experience has revealed the need to improve certain procedural aspects of those Regulations; whereas it is appropriate for the sake of clarity to adopt a single Regulation on the various hearing procedures laid down by Regulation No 17, Regulation (EEC) No 1017/68, Regulation (EEC) No 4056/86 and Regulation (EEC) No 3975/87; whereas, accordingly, Regulations No 99/63/EEC and (EEC) No 1630/69 should be replaced, and Sections II of Regulations (EEC) No 4260/88 and (EEC) No 4261/88 should be deleted and replaced;
(3) Whereas the provisions relating to the Commission's procedure under Decision 94/810/ECSC,EC of 12 December 1994 on the terms of reference of hearing officers in competition procedures before the Commission (10) should be framed in such a way as to safeguard fully the right to be heard and the rights of defence; whereas for these purposes, the Commission should distinguish between the respective rights to be heard of the parties to which the Commission has addressed objections, of the applicants and complainants, and of other third parties;
(4) Whereas in accordance with the principle of the rights of defence, the parties to which the Commission has addressed objections should be given the opportunity to submit their comments on all the objections which the Commission proposes to take into account in its decisions;
(5) Whereas the applicants and complainants should be granted the opportunity of expressing their views, if the Commission considers that there are insufficient grounds for granting the application or acting on the complaint; whereas the applicant or complainant should be provided with a copy of the non-confidential version of the objections and should be permitted to make known its views in writing where the Commission raises objections;
(6) Whereas other third parties having sufficient interest should also be given the opportunity of expressing their views in writing where they make a written application to do so;
(7) Whereas the various parties entitled to submit comments should do so in writing, both in their own interest and in the interests of sound administration, without prejudice to the possibility of an oral hearing where appropriate to supplement the written procedure;
(8) Whereas it is necessary to define the rights of persons who are to be heard and on what conditions they may be represented or assisted;
(9) Whereas the Commission should continue to respect the legitimate interest of undertakings in the protection of their business secrets and other confidential information;
(10) Whereas compatibility should be ensured between the Commission's current administrative practices and the case-law of the Court of Justice and the Court of First Instance of the European Communities in accordance with the Commission notice on the internal rules of procedure for processing requests for access to the file in cases pursuant to Articles 85 and 86 of the Treaty, Articles 65 and 66 of the ECSC Treaty and Council Regulation (EEC) No 4064/89 (11);
(11) Whereas to facilitate the proper conduct of the hearing it is appropriate to allow statements made by each person at a hearing to be recorded;
(12) Whereas in the interest of legal certainty, it is appropriate to set the time limit for the submissions by the various persons pursuant to this Regulation by defining the date by which the submission must reach the Commission;
(13) Whereas the appropriate Advisory Committee under Article 10(3) of Regulation No 17, Article 16(3) of Regulation (EEC) No 1017/68, Article 15(3) of Regulation (EEC) No 4056/86 or Article 8(3) of Regulation (EEC) No 3975/87 must deliver its opinion on the basis of a preliminary draft decision; whereas it should therefore be consulted on a case after the inquiry in that case has been completed; whereas such consultation should not prevent the Commission from reopening an inquiry if need be,
HAS ADOPTED THIS REGULATION:
CHAPTER I
Scope
Article 1
This Regulation shall apply to the hearing of parties under Article 19(1) and (2) of Regulation No 17, Article 26(1) and (2) of Regulation (EEC) No 1017/68, Article 23(1) and (2) of Regulation (EEC) No 4056/86 and Article 16(1) and (2) of Regulation (EEC) No 3975/87.
CHAPTER II
Hearing of parties to which the Commission has addressed objections
Article 2
1. The Commission shall hear the parties to which it has addressed objections before consulting the appropriate Advisory Committee under Article 10(3) of Regulation No 17, Article 16(3) of Regulation (EEC) No 1017/68, Article 15(3) of Regulation (EEC) No 4056/86 or Article 8(3) of Regulation (EEC) No 3975/87.
2. The Commission shall in its decisions deal only with objections in respect of which the parties have been afforded the opportunity of making their views known.
Article 3
1. The Commission shall inform the parties in writing of the objections raised against them. The objections shall be notified to each of them or to a duly appointed agent.
2. The Commission may inform the parties by giving notice in the Official Journal of the European Communities, if from the circumstances of the case this appears appropriate, in particular where notice is to be given to a number of undertakings but no joint agent has been appointed. The notice shall have regard to the legitimate interests of the undertakings in the protection of their business secrets and other confidential information.
3. A fine or a periodic penalty payment may be imposed on a party only if the objections have been notified in the manner provided for in paragraph 1.
4. The Commission shall, when giving notice of objections, set a date by which the parties may inform it in writing of their views.
5. The Commission shall set a date by which the parties may indicate any parts of the objections which in their view contain business secrets or other confidential material. If they do not do so by that date, the Commission may assume that the objections do not contain such information.
Article 4
1. Parties which wish to make known their views on the objections raised against them shall do so in writing and by the date referred to in Article 3(4). The Commission shall not be obliged to take into account written comments received after that date.
2. The parties may in their written comments set out all matters relevant to their defence. They may attach any relevant documents as proof of the facts set out and may also propose that the Commission hear persons who may corroborate those facts.
Article 5
The Commission shall afford to parties against which objections have been raised the opportunity to develop their arguments at an oral hearing, if they so request in their written comments.
CHAPTER III
Hearing of applicants and complainants
Article 6
Where the Commission, having received an application made under Article 3(2) of Regulation No 17 or a complaint made under Article 10 of Regulation (EEC) No 1017/68, Article 10 of Regulation (EEC) No 4056/86 or Article 3(1) of Regulation (EEC) No 3975/87, considers that on the basis of the information in its possession there are insufficient grounds for granting the application or acting on the complaint, it shall inform the applicant or complainant of its reasons and set a date by which the applicant or complainant may make known its views in writing.
Article 7
Where the Commission raises objections relating to an issue in respect of which it has received an application on a complaint as referred to in Article 6, it shall provide an applicant or complainant with a copy of the non-confidential version of the objections and set a date by which the applicant or complainant may make known its views in writing.
Article 8
The Commission may, where appropriate, afford to applicants and complainants the opportunity of orally expressing their views, if they so request in their written comments.
CHAPTER IV
Hearing of other third parties
Article 9
1. If parties other than those referred to in Chapters II and III apply to be heard and show a sufficient interest, the Commission shall inform them in writing of the nature and subject matter of the procedure and shall set a date by which they may make known their views in writing.
2. The Commission may, where appropriate, invite parties referred to in paragraph 1 to develop their arguments at the oral hearing of the parties against which objections have been raised, if they so request in their written comments.
3. The Commission may afford to any other third parties the opportunity of orally expressing their views.
CHAPTER V
General provisions
Article 10
Hearings shall be conducted by the Hearing Officer.
Article 11
1. The Commission shall invite the persons to be heard to attend the oral hearing on such date as it shall appoint.
2. The Commission shall invite the competent authorities of the Member States to take part in the oral hearing.
Article 12
1. Persons invited to attend shall either appear in person or be represented by legal representatives or by representatives authorised by their constitution as appropriate. Undertakings and associations of undertakings may be represented by a duly authorised agent appointed from among their permanent staff.
2. Persons heard by the Commission may be assisted by their legal advisers or other qualified persons admitted by the Hearing Officer.
3. Oral hearings shall not be public. Each person shall be heard separately or in the presence of other persons invited to attend. In the latter case, regard shall be had to the legitimate interest of the undertakings in the protection of their business secrets and other confidential information.
4. The statements made by each person heard shall be recorded on tape. The recording shall be made available to such persons on request, by means of a copy from which business secrets and other confidential information shall be deleted.
Article 13
1. Information, including documents, shall not be communicated or made accessible in so far as it contains business secrets of any party, including the parties to which the Commission has addressed objections, applicants and complainants and other third parties, or other confidential information or where internal documents of the authorities are concerned. The Commission shall make appropriate arrangements for allowing access to the file, taking due account of the need to protect business secrets, internal Commission documents and other confidential information.
2. Any party which makes known its views under the provisions of this Regulation shall clearly identify any material which it considers to be confidential, giving reasons, and provide a separate non-confidential version by the date set by the Commission. If it does not do so by the set date, the Commission may assume that the submission does not contain such material.
Article 14
In setting the dates provided for in Articles 3(4), 6, 7 and 9(1), the Commission shall have regard both to the time required for preparation of the submission and to the urgency of the case. The time allowed in each case shall be at least two weeks; it may be extended.
CHAPTER VI
Final provisions
Article 15
1. Regulations No 99/63/EEC and (EEC) No 1630/69 are repealed.
2. Sections II of Regulations (EEC) No 4260/88 and (EEC) No 4261/88 are deleted.
Article 16
This Regulation shall enter into force on 1 February 1999.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 December 1998. | [
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Commission Regulation (EC) No 523/2002
of 22 March 2002
fixing the refunds applicable to cereal and rice sector products supplied as Community and national food aid
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals(1), as last amended by Commission Regulation (EC) No 1666/2000(2), and in particular the third subparagraph of Article 13(2) thereof,
Having regard to Council Regulation (EC) No 3072/95 of 22 December 1995 on the common organisation of the market in rice(3), as last amended by Regulation (EC) No 411/2002(4), and in particular Article 13(3) thereof,
Whereas:
(1) Article 2 of Council Regulation (EEC) No 2681/74 of 21 October 1974 on Community financing of expenditure incurred in respect of the supply of agricultural products as food aid(5) lays down that the portion of the expenditure corresponding to the export refunds on the products in question fixed under Community rules is to be charged to the European Agricultural Guidance and Guarantee Fund, Guarantee Section.
(2) In order to make it easier to draw up and manage the budget for Community food aid actions and to enable the Member States to know the extent of Community participation in the financing of national food aid actions, the level of the refunds granted for these actions should be determined.
(3) The general and implementing rules provided for in Article 13 of Regulation (EEC) No 1766/92 and in Article 13 of Regulation (EC) No 3072/95 on export refunds are applicable mutatis mutandis to the abovementioned operations.
(4) The specific criteria to be used for calculating the export refund on rice are set out in Article 13 of Regulation (EC) No 3072/95.
(5) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
For Community and national food aid operations under international agreements or other supplementary programmes, and other Community free supply measures, the refunds applicable to cereals and rice sector products shall be as set out in the Annex.
Article 2
This Regulation shall enter into force on 1 April 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 March 2002. | [
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COMMISSION DECISION of 15 October 1997 declaring a concentration to be compatible with the common market and the functioning of the EEA Agreement (Case No IV/M.938 - Guinness/Grand Metropolitan) (notified under document number C(1997) 3169) (Only the English text is authentic) (Text with EEA relevance) (98/602/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to the Agreement on the European Economic Area, and in particular Article 57(2)(a) thereof,
Having regard to Council Regulation (EEC) No 4064/89 of 21 December 1989 on the control of concentrations between undertakings (1), as amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 8(2) thereof,
Having regard to the Commission Decision of 20 June 1997 to initiate proceedings in this case,
Having given the undertakings concerned the opportunity to make known their views on the objections raised by the Commission,
Having regard to the opinion of the Advisory Committee on Concentrations (2),
WHEREAS:
(1) On 16 May 1997 Guinness plc ('Guinness`) and Grand Metropolitan plc ('GrandMet`) notified to the Commission their intention to create a new company, to be called GMG Brands plc ('GMG`) in which they will merge all their business activities.
(2) By Decision of 6 June 1997 the Commission ordered the continuation of the suspension of the notified concentration, pursuant to Article 7(2) and Article 18(2) of Regulation (EEC) No 4064/89 ('the Merger Regulation`) until it takes a final decision.
(3) On 20 June 1997, after examination of the application, the Commission concluded that the operation fell within the scope of the Merger Regulation and raised serious doubts as to its compatibility with the common market and decided to initiate proceedings pursuant to Article 6(1)(c) of the Merger Regulation.
I. THE PARTIES
A. GUINNESS
(4) Guinness is the UK-registered holding company of a group whose principal business activities are the production and distribution, throughout the world, of spirits (United Distillers - 'UD`) and the brewing of beer. It also has interests in hotels and in publishing.
B. GRANDMET
(5) GrandMet is the UK-registered holding company of a group whose principal activities are the production and worldwide distribution of spirits (International Distillers and Vintners - 'IDV`), also food manufacturing (Pillsbury, Haagen-Dazs) and ownership of fast-food restaurants (Burger King).
II. THE OPERATION
(6) The operation consists of the merger of the two parties' businesses to create GMG. It will be effected by means of a Scheme of Arrangement of GrandMet under section 425 of the UK Companies Act 1985. Guinness will be renamed GMG Brands plc and its shareholders will retain their holdings through shares in the new company. The business of GrandMet will be vested in GMG; shareholders in GrandMet will receive one GMG share for each GrandMet share. Immediately after the merger, former GrandMet shareholders will hold approximately 52,7 % of GMG, and former Guinness shareholders the remainder.
III. THE CONCENTRATION AND THE COMMUNITY DIMENSION
(7) The operation is a merger of the two parties and is accordingly a concentration under Article 3(1)(a) of the Merger Regulation. The parties have combined aggregate worldwide turnover of more than ECU 5 000 million (Guinness has turnover of more than ECU 5 000 million and GrandMet more than ECU 11 000 million) and each has Community-wide turnover of more than ECU 250 million (each party having turnover of more than ECU 3 000 million). They do not achieve more than two thirds of the latter within one and the same Member State. The operation therefore has a Community dimension. It does not fulfil the criteria under Article 2 of Protocol 24 to the EEA Agreement, and therefore does not fall to be treated as a cooperation case under that Agreement.
IV. COMPATIBILITY WITH THE COMMON MARKET AND WITH THE FUNCTIONING OF THE EEA AGREEMENT
A. RELEVANT PRODUCT MARKETS
1. Horizontal aspects
(8) The activities of the parties overlap materially in the supply (manufacture and wholesale distribution) of spirits throughout the world. Both parties manufacture a range of spirits covering all the main internationally-recognised spirit types. However, they do not manufacture local spirit types such as Korn, popular in Germany, or genever, popular in Belgium and the Netherlands. Spirits are produced by the distillation - heating and condensation - of fermented fruits or cereals with water to yield a strong yet palatable alcohol. The distillate may then be matured in bulk and/or blended with other alcohols or other flavourings before bottling.
(9) A continuum of possible product market definitions was put forward in the course of the Commission's investigations. In decreasing order of breadth, they comprise: 'all spirits` (as originally proposed by the parties); various groupings - for example, 'brown` and 'white` spirits, (that is, separating whiskey (3), brandy and so forth on the one hand from gin, vodka and so forth on the other); separate markets for each spirit of the same general type, such as gin, whisky, brandy, vodka, rum, further segmentation by origin/quality, especially for whiskey, separating, for example, Scotch whisky from other types; and, finally, subdividing each (narrow) spirit type by price/quality - thus, Scotch would be subdivided into, for example, 'de luxe`, 'premium` and 'standard`. The various possibilities are examined below.
(a) All spirits
(10) The parties provided details of consumer surveys which, in their view, suggested that consumers were willing to substitute one type of spirit for another, and even to substitute other drinks, according to the occasion, availability and price. The Commission noted, however, that where those surveys (most of which were originally aimed at addressing taxation issues) employed price-change data, the overall levels of change (which mainly reflected changes in taxation) were much higher than those normally used by competition authorities as an aid to market definition. It also noted that occasion-based consumption patterns did not of themselves indicate a wider product market. The tendency to consume different spirit types on different occasions (for example, gin before a meal, brandy afterwards) implies that consumers have preferences for several specific types rather than that they are indifferent as to which type they consume (which they would have to be if the products were close substitutes). This was supported by the Commission's own investigations. The bulk of competitors and customers who responded to the Commission's question on the subject indicated that an increase in the price of their preferred spirit brand or type would not induce them to change to a different product category. Moreover there are significant supply-side differences. All spirit types involve distillation, but ingredients and processes vary considerably. On the basis of all these considerations, the Commission considered that an 'all spirits` market definition was unduly wide for the purposes of assessing this case.
(b) White and brown spirits
(11) 'White` spirits: As the parties pointed out, there appears to be some scope for employing the same basic distilled grain spirit to produce a variety of white spirit types (such as gin or vodka and their derivatives). However, other aspects of the manufacturing process differ - for example, to produce gin, juniper (and sometimes other flavours) must be added during distillation or afterwards; vodka is usually unflavoured, but may be distilled several times before bottling, white rum uses a different fermentation process (and ingredients) from those used in gin or vodka production. On the demand side, the parties themselves revised their initial view to some extent, stating that in practice consumers did not consider the different main white spirit types (gin, vodka) to be substitutes for each other; the age and social profiles of the consumers concerned were significantly different.
(12) 'Brown` spirits: For brown spirits such as whiskey, brandy, or dark rum, there is effectively no scope for supply-side substitution. They acquire their distinctive flavour from the ingredients used in the distillation and from the maturation process, whereas white spirits are seldom matured and have little flavour of their own. On the demand side, as already mentioned, consumption patterns do not support the notion of a brown spirits market - consumers may, for example, drink both brandy and whiskey, but on different occasions, not as substitutes.
(c) Segmentation by spirit type
(13) The strongest determinant of product market boundaries in spirits appears to be that of consumer demands and preferences, since they will drive the stocking and marketing policies of retailers, wholesalers and ultimately manufacturers. Third parties - both competitors and customers - consulted by the Commission generally supported a relatively narrow definition, characterising most spirit drinkers as having a degree of loyalty towards one or a few specific brands within the category (or categories) of choice, and with occasion-based consumption patterns, which were well-entrenched and unlikely to be seriously disturbed by relatively small price variations between types.
(14) The importance of branding, and its application to individual spirit types, is a key characteristic of competition in the spirits industry and is not consistent with a product market wider than that for each main spirit type. Product development, advertising and promotion expenditure are normally focused on the brand rather than the category or company, especially at consumer level. Thus, for example, advertisements are typically for Johnnie Walker' whisky rather than for Guinness's range of whiskies or for their spirit products collectively. It is also of interest in this connection that, in general, brands do not appear to be easily transferable between spirit types; for example, there is no Johnnie Walker gin or Gordon's whisky. This behaviour is consistent with product markets based on each spirit type, since it implies that manufacturers have adopted a strategy of branding for, and within, each spirit type in order to satisfy specific consumer demands in terms of taste, price and image.
(d) Segmentation within spirit type
(15) Some third parties considered that country of origin was an important defining factor for some, if not all spirit types. This point was most frequently raised in regard to whiskey, and in particular Scotch. It was pointed out that the industry markets Scotch, Irish, American, Canadian and other whiskies separately, and that for Scotch in particular, national legislation laid down certain requirements (it must be wholly distilled in Scotland and matured there for at least three years before it can be sold as Scotch).
(16) In the Community as a whole, Scotch accounts for the great majority (over 80 %) of whiskey sales, and the parties' main interests are in Scotch rather than other whiskey types. For the purposes of the present case, therefore, the issue of segmentation of whiskey by origin is only analysed further where the different possible definitions would lead to significantly different shares and overlaps (notably, Spain and Ireland).
(17) A similar approach is adopted to the possible substitutability between gin and genever, where it has been suggested that it is unnecessary to separate 'London` types from local products, and, in the Benelux countries in particular, from 'Genever`. The issue is considered further in the section on Belgium/Luxembourg below.
(e) Further subdivision by price/quality
(18) In most of the main spirit types, and especially in whiskey, there is a wide range of products available at different prices. Some third parties have suggested that there are in effect separate markets for each quality level because, for example, a consumer who habitually drank a premium brand would not regard a cheaper one as providing an adequate substitute in terms of taste, image and so forth. Price data provided by the parties show generally that in most markets there tend to be products available (both from the parties and from their competitors) at all points along the range. However, those price series data do not take account of the importance of particular brands in terms of their market share. Accordingly this point is examined further in those product and geographic markets where the distinction is likely to be relevant.
(f) Liqueurs
(19) Given that there are many different liqueurs, each with highly distinctive taste and other characteristics, it appeared reasonable to assume, as a point of departure, that in general each liqueur constituted a separate, niche product market. No information or argument was received during the Commission's investigation to suggest otherwise.
2. Vertical issues
(20) Like most of the major players in the spirits industry, the parties' distribution systems in their developed markets show some degree of vertical integration, with the use of wholly owned subsidiaries responsible for the exclusive distribution of their products at national level. Like their competitors, the parties may distribute various spirits on behalf of third party manufacturers or brand owners. In general, however, such third-party distribution accounts for only a relatively small proportion of their total distribution activity. This suggests that the primary function of these vertically integrated distribution operations is to protect the parties' brands rather than to undertake distribution on behalf of others. Integration into distribution allows the supplier to maintain control over the marketing and distribution of the brands which it owns, thereby safeguarding the all-important image of those brands in the market-place. Accordingly, their role as independent distributors, competing actively for distribution of third parties' brands, is likely to be limited (for example, to those instances where they do not possess an important brand of their own in a particular product category). In those instances where the parties appear to play a more significant role in the distribution of third-party products, this is considered in more detail below.
(21) On-trade and off-trade (4): A question arises as to whether the conditions of competition are sufficiently different to justify separate treatment for supplies to and from the on-trade and off-trade. A number of elements could be taken to suggest that those retail channels might constitute separate product markets. For example, on-trade consumers usually buy a smaller measure (a glass rather than a bottle) and the purchase also includes the provision of the related services (use of the premises and so forth). Consumers may also be less price-sensitive when purchasing from the on-trade; for example, in the United Kingdom, a 5 % change would typically give a difference of a few pence on a glass compared to some 50 pence on a bottle. However, in the present case the primary impact of the operation is in terms of supplies to wholesalers and large retailers, since small retailers, whether in the on-trade or the off-trade, acquire their supplies from those sources rather than direct from the parties. Therefore the different characteristics of each channel are taken into account where relevant in the assessment of the affected markets.
(22) Duty-free sales: The parties submitted that duty-free sales were a separate market. Duty-free purchases of spirits are only available to those travelling by air or sea across borders. They are often made as gifts (as evidenced by the wide range of special packages available in duty-free shops) and probably compete more strongly with other duty-free goods such as perfume rather than with non-duty-free spirits. No third-party evidence was received to contradict this view.
3. Conclusion
(23) In view of the above, the Commission considers that the relevant product markets in this case, at all levels of the supply chain, are in general no wider than those for each of the individual internationally-recognised main spirit types (whiskey, gin, vodka, rum and so forth) and for each liqueur. Narrower definitions may, however, be appropriate to specific product or geographic areas. Where such distinctions are likely to be relevant to the merger's effect on competition, they are considered further below. The Commission accepts, however, that duty-free sales of spirits constitute a separate market.
B. RELEVANT GEOGRAPHIC MARKET
(24) The parties contended that the relevant geographic market was Community (or EEA) wide, pointing to relatively low transport costs, absence of import restrictions, moves towards harmonisation of taxation, and the extent of parallel trade, assisted by the development of the 'under-bond` warehousing system by which spirits can be shipped across borders without payment of duty. The Commission, however, considers the relevant markets to be essentially national, for the following reasons.
(25) Consumption patterns vary widely between Member States. The total amount consumed per capita varies greatly. In several Member States, locally produced spirits are prominent which are virtually unknown elsewhere, such as Korn in Germany or ouzo in Greece. Even among the internationally recognised types, consumption varies significantly between countries, both as regards the type of spirit and in terms of brands.
(26) Distribution is also organised primarily on a national basis. Although production facilities are concentrated, with a few plants serving the whole of the Community, the parties, like their main competitors, operate wholly owned subsidiaries (or, in some cases, joint ventures) which handle primary distribution and marketing in each national territory concerned.
(27) There is varying scope for parallel trade in spirits between Member States (according to factors such as geographic location and relative tax and currency levels). But major taxation and regulation differences continue to exist between Member States, and these are reflected, to a large extent, in retail prices. If parallel trade (or cross-border purchases by consumers) were sufficient to create a single market across the Community, it would become impossible for national governments to sustain these distinctions in the long term, and retail prices would vary little between Member States - indeed, there would cease to be any incentive to engage in parallel trade.
(28) The position is, however, different for duty-free sales. These have characteristics, such as packaging and quantity (and sometimes alcoholic strength) differences compared to non-duty-free equivalents, and an international (not just Community) and transient customer base, which suggest that the market for them is likely to be at least EEA-wide.
(29) Accordingly, the Commission concludes that, with the exception of duty-free sales, the relevant geographic markets in this case are no wider than national.
C. ASSESSMENT
1. The structure of the market
(30) The operation will combine the activities of the two largest spirits suppliers in the world (and, on the basis of sales figures by value, the two largest in the Community) creating a company approximately twice the size of its nearest rival, Allied Domecq.
(31) However, as explained above, competition takes place principally within each different spirit type, and at national level. The Commission's analysis has accordingly focused on those product/national markets where the merger produces potentially significant market shares and aggregations, and/or the possibility of a 'portfolio effect` as described below. The individual country markets are considered in detail in the appropriate sections of this Decision. Nevertheless there are some general features common to the individual country assessments, and these are considered here.
(a) Manufacturing
(32) Although the parties will have the scope to rationalise their production facilities, the merger does not seem likely to have a major effect on competition at that level. Their production facilities in the Community are already quite concentrated, especially with regard to gin and vodka, with a few plants responsible for most of the output, reducing the opportunity for rationalisation of capacity or other economies of scale which might lead to increased barriers to entry at that level. In whiskey (the parties' production being effectively all Scotch) the scope for rationalisation or other economies from the merger is also limited. There is some excess capacity, but distilleries can fairly easily be closed temporarily and brought back into operation if demand recovers (the parties have several plants in this condition). In the case of malt whisky - the high-quality product derived exclusively from malted barley, which is mixed with the cheaper grain whisky (mainly made from maize and so forth) to produce the popular blends and is also sold on its own - the product of each distillery is highly distinctive in colour and flavour. In consequence, the different malts are in continual demand both for sale on their own and for blending and there is accordingly little scope for rationalisation.
(33) Grain whisky production, in which the parties will have a [40-50 %] (5) combined share of capacity - increment to Guinness (already the leader) of [15-25 %] - presents relatively few barriers to entry by comparison with malt whisky, and there remain significant competitors, namely Allied Domecq with [15-25 %] and Grants with [15-25 %]. The plant (or still) employed is effectively the same as that used for white spirits, and in contrast to the pot stills used for malt whisky can be run continuously. Moreover, flavour and colour characteristics, and hence the nature and quality of the ingredients (especially the water) used to produce them, are of much less importance.
(34) Some third parties raised the possibility that the parties would be able to foreclose supplies of, in particular, malt whiskies to competitors, many of whom use some of the parties' malts to make their blends. The parties' shares, and the increment, in malt whisky are lower than in grain (combined shares of [25-35 %] increment to Guinness, the leader, of [< 10 %]) and again there will remain some substantial competitors, such as Seagram with [10-20 %] and two others each with about [5-15 %].[ . . . ]
(35) In the light of the above, therefore, the Commission takes the view that the merger will not create or enhance a dominant position at the manufacturing level in any relevant product market.
(b) Branding
(36) As explained above, the spirits industry is to some extent vertically integrated, with most of the largest players (including the parties) active in both manufacture and distribution, although integration into retail is uncommon (the United Kingdom being a partial exception). Vertical integration into distribution is advantageous in product markets where branding is important, because it allows the brand-owner to retain full control of product development, promotion and marketing. Retailers play relatively little independent role in advertising branded spirit products - apart from their own brands, if any - although they will work closely with manufacturers where there is mutual advantage in doing so.
(c) Distribution
(37) The larger spirits manufacturers also engage in distribution on behalf of other suppliers, typically through exclusive agreements covering a particular national territory. This feature provides access to a route to market for smaller suppliers without a distribution network of their own. However it also reduces the scope for competition in distribution from independent distributors, and increases the barriers to entry for a potential new supplier of a brand which would compete directly with one owned by the vertically-integrated supplier.
(d) Portfolio effects
(38) One competitor remarked that 'In short the market power deriving from a portfolio of brands exceeds the sum of its parts`.
(39) In addition to horizontal overlaps, assessed in detail below, a key result of the merger, recognised as a major part of its rationale by the parties and by third parties, is that it combines the two parties' ranges or portfolios of products and brands.
(40) The holder of a portfolio of leading spirit brands may enjoy a number of advantages. In particular, his position in relation to his customers is stronger since he is able to provide a range of products and will account for a greater proportion of their business, he will have greater flexibility to structure his prices, promotions and discounts, he will have greater potential for tying, and he will be able to realise economies of scale and scope in his sales and marketing activities. Finally the implicit (or explicit) threat of a refusal to supply is more potent.
(41) The strength of these advantages, and their potential effect on the competitive structure of the market, depends on a number of factors, including: whether the holder of the portfolio has the brand leader or one or more leading brands in a particular market; the market shares of the various brands, particularly in relation to the shares of competitors; the relative importance of the individual markets in which the parties have significant shares and brands across the range of product markets in which the portfolio is held; and/or the number of markets in which the portfolio holder has a brand leader or leading brand.
(42) In addition the strength of a portfolio effect has to be considered in the context of the relative strength of competitors' brands and their portfolios.
(43) The portfolio effect has been recognised in two recent cases in the soft drinks sector (6).
(44) Furthermore in response to the Commission's enquiries, competitors and customers recognised the portfolio effect in practice; for example, of ten firms responding to the question 'does possession of a leading brand in all or most spirit categories help sales of spirits in general?` eight replied that it would help a lot.
(45) At the hearing, major competitors of the parties confirmed the existence of a portfolio effect and provided evidence of how their portfolio could be used.
(46) The parties have said that consumers buy brands and not portfolios. That is true. However, the parties do not sell their products to the final consumers. They sell them to intermediaries, multiple retailers, wholesalers and others. Those customers would buy a range of products from GMG, and the fact that GMG would be able to offer in many national markets a wide and deep portfolio of leading brands would give the combined entity advantages in dealing with its clients. The strength of any portfolio effect will vary from geographic market to geographic market. In the present case, the only market in which it has been considered to be a significant feature in the context of the assessment is Greece, and it is accordingly assessed further in the section on Greece below.
2. Barriers to entry
(47) Portfolio power can accordingly be seen, in part, as a barrier to entry. There are, however, a number of other barriers, which are outlined in general terms here, although their precise strength will vary from country to country and they are accordingly examined in more detail, where appropriate, in the relevant sections.
(a) Commission's initial view
(48) In its 'Statements of objections`, the Commission identified the following as potentially significant barriers.
(49) General market conditions do not favour entry, since there are barriers at all levels of the supply chain.
(50) As mentioned above, in the Community as a whole spirits demand is in decline. In general, therefore, sales can only be obtained at the expense of competitors unless a new niche can be found. Entry is further restrained by government restrictions on alcohol advertising, promotion and consumption. Retailers and wholesalers generally require a licence, in many instances their number and location is restricted to what governments consider appropriate, and their opening hours are also usually restricted. As in the case of tobacco, most countries restrict advertising (especially on television). There are also a variety of restrictions, varying from country to country, on matters such as labelling, strength and quantities that may be offered for sale.
(51) Entry into spirit manufacturing is not technically difficult, although entry into Scotch is constrained by the need to have access to supplies of matured malt whisky from Scotland or else to develop one's own maturing facilities in that country (which by definition will take several years).
(52) Distribution and marketing are potentially significant barriers. As explained above the supply chain is characterised by branding and portfolio effects which increase the costs and time required for successful entry even with a clearly distinctive and innovative product or range. It is said for example that it took 10 years for GrandMet to develop its Bailey's Irish Cream liqueur into a recognised brand carried by most retailers, and during most of that time it was effectively unopposed. Together with niche products like fruit-flavoured, lower-alcohol liqueurs (such as Archer's peach schnapps and Malibu coconut liqueur) it is almost the only significant product innovation in the market of recent years. There has been more line extension (for example by introducing a premium whisky brand with a name similar to an existing standard one) but that option is available only to those with established products. Famous Grouse Scotch (Matthew Gloag) is almost the only 'new` brand of a major spirit from the parties' competitors to have gained a material share across the range of Community markets, and again its development to that position has taken a considerable number of years. By contrast, Johnnie Walker is, in the words of its own advertising 'still going strong` after some 150 years, an illustration of the power of an established brand. Japanese whiskies, although strong on their home markets and based closely on Scotch in terms of quality and nature of ingredients and the manufacturing process, have so far failed to make significant inroads into Community markets despite considerable promotional efforts. Spanish whiskey is virtually unknown outside Spain.
(53) New entrants need to have, or quickly develop or acquire, not just one desirable product, but a range of them, in order to counter the portfolio power of competitors such as GMG. Using a third-party distributor may assist in this, since it enables the entrant's products to be sold alongside the distributor's existing range. But the vertical integration of the major players in the industry limits the effectiveness of this approach, since an entrant's product is unlikely to be accepted or marketed vigorously by the distributor if it competes directly with a brand which he owns or for which he has the agency. Entrants will need to advertise and promote their brands heavily over a long period in order to overcome consumer resistance and the barrier presented by the reputation of the established players. Retailers and wholesalers, especially large ones, will often expect a significant listing fee for carrying a new product (one respondent from the United Kingdom indicated that the fee could reach hundreds of thousands of pounds per retailer). The entrants will need to take account of the importance of on-trade consumption in shaping consumer demand for a product, since customers will be more likely to try a new product if they only have to buy a glass of it rather than a bottle. They will also need to have resources to defend themselves from attack by the parties using their incumbency advantages, for example, by targeting selective discounts or price reductions at new entrants' brands. General market conditions are not favourable to the taking of such risks. Overall, therefore, entry barriers appear generally to be very high and likely to deter entry.
(b) The parties' response
(54) In their response to the Commission's 'Statements of objections`, the parties made a number of general points seeking to rebut this view. Those points are examined immediately below while their points on specific markets are dealt with in the relevant sections.
(55) The parties referred to a number of substantial international spirits companies which had entered the Community market within the last 10 years, namely American Brands, Suntory, Bacardi Martini and Brown Forman. Although all these are undoubtedly substantial companies, their strength varies between the national markets and several are not new entrants in the sense that they were already well established in the spirits sector, albeit not necessarily in the same national or product markets.
(56) American Brands owns the Jim Beam bourbon whiskey brand and has a range of other brands which it either owns or distributes. It has acquired two UK distillers, White & McKay and Invergordon, and as a result has a share of around [5-15 %] in the UK whiskey and vodka markets. But its brands are generally secondary rather than category leaders and its share in the individual country markets identified in this Decision as causing concern is generally very small, both overall and in the main spirit categories. Furthermore, its products were established before they were acquired by American Brands.
(57) Suntory is a Japanese producer, primarily of whiskey. It has acquired two Scotch malt whisky distilleries and undoubtedly has substantial resources. But its share in any spirit category in any of the markets identified as being of concern is very small (less than [< 5 %]).
(58) Bacardi-Martini is only a new entrant in a very narrow sense, since it is the result of the merger in 1993 of two already very well-established companies, Bacardi and Martini-Rossi, the latter being domiciled in the Community. The products were already established. On the same basis, presumably GMG would itself be classed as a new entrant after the merger.
(59) Brown Forman's position is similar to that of American Brands. It owns Jack Daniels, a leading bourbon, and Southern Comfort, an orange-flavoured bourbon-based liqueur. But outside those niche areas its share is very small in the markets of concern. Both products were already well established.
(60) The parties also pointed to expansion by existing suppliers as evidence that barriers were low, asserting that such expansion showed that there was an adequate threat of or potential for entry to ensure that competition was not significantly reduced following the merger.
(61) Various incumbents have indeed diversified geographically and/or in product terms, for example Matthew Gloag has successfully developed its Famous Grouse whisky outside the United Kingdom and other Scotch producers, such as Grants, have diversified into gin and/or vodka. Nevertheless, those developments have generally occurred at a slow pace. For example, it took some four years for Famous Grouse to achieve a 5 % share of whiskey in Greece, despite considerable advertising spend and the brand's high profile in the United Kingdom.
(62) The parties sought to rebut the Commission's argument that advertising and promotion costs represented a significant barrier by suggesting, first, that regulation of advertising merely presented a level playing field to new entrants. The Commission does not accept the level playing field argument. Restrictions on advertising favour incumbents, whose products are known to customers and so require less advertising, against entrants, whose products are by definition unknown to customers. Generally, and especially for entry into the mainstream categories (that is internationally recognised spirit types or categories) where incumbents are well-established, significant sunk costs in terms of advertising and promotional costs are an essential prerequisite of entry, especially given the importance of branding.
(63) The parties suggested that listing fees charged by retailers were not a significant barrier but exemplified retailers' buyer power. Matthew Gloag, for example, had evidently found the necessary resources to fund them for Famous Grouse and retailers were free not to charge them if they wished to encourage an entrant. The Commission accepts that listing fees are not an insuperable deterrent. Nevertheless they raise the price of marketing a new brand or product in comparison with that of an established one and to that extent they constitute an entry barrier.
(64) The parties also argued that distribution was not the bottleneck in preventing and limiting entry that the Commission, in its 'Statements of objections`, had claimed it to be. They pointed out that in all Member States there were a number (in some, a large number) of distributors willing to undertake distribution of new products and brands. They provided information suggesting that agency distribution agreements were typically of short duration (if they had any fixed term) and that changes were frequent. They also indicated that part of the rationale for their (and competitors') move towards wholly-owned distribution facilities was to guarantee a route to market for their products in the face of the risks of losing existing distribution arrangements if a competitor's offer became attractive to the distributor concerned. In itself this reduces the scope for independent distributors who no longer have access to many brands, no matter what terms they might offer.
(65) Nevertheless it remains the case that in several Community markets the parties already have a large share of spirits distribution. Where this occurs there is a risk that new entrants will find themselves unable to obtain a route to market on favourable terms for any product which the parties may consider to threaten those in their own portfolio. Since the parties' portfolio will be much enhanced by the merger, the merger is likely to increase this risk. Direct distribution, by supplying direct to retailers without the use of an agent or intermediary such as a wholesaler, may be a possible alternative in some product and/or geographic markets. But in practice this is unlikely to be a viable option in most cases. In the case of supplies to supermarkets, new entrants are likely to face a requirement to pay a listing fee or to have to agree to similarly onerous terms and conditions as the price of getting their product onto the shelves. The on-trade is more fragmented, making direct distribution generally uneconomic for suppliers.
(c) Conclusions on entry barriers
(66) The Commission accepts that new entry is possible and has indeed taken place. But the scale and scope of that entry does not, in general, appear to have been significant, especially in the main spirit categories. This, together with the other factors described above, tends to reinforce the Commission's initial view that barriers to entry in this market are generally high. However, their precise importance varies from country to country and between products and is accordingly taken further into account in the sections below concerning individual countries.
3. Countervailing buyer power
(67) Where entry barriers are high and market structures concentrated, the size and strength of customers in the individual national markets is particularly important to the assessment of the effect of a merger both in terms of horizontal overlap and of any associated portfolio power. Again, the position in the present case varies considerably between countries and is discussed further in the next section of this Decision. But there are also some common elements which are examined here.
(a) Commission's initial view
(68) The Commission considered that, in summary, the requisite structure, in consumer markets, for the exercise of countervailing power as a means of preventing creation or reinforcement of a dominant supply position at a higher level in the distribution chain appeared to be as follows. The retail and wholesale customers must include several who are each responsible for a significant share of sales by the dominant supplier and by his competitors and have the necessary technical facilities and bargaining skills to put that advantage to use in the buying process. Crucially, there must be alternative suppliers capable of offering an equivalent range of products on equally favourable terms and conditions and the retailer or wholesaler must have effective power to delist brands if the terms on which he is offered them are not satisfactory. The Commission doubted whether those conditions were generally met in the spirits sector, especially as regards the ability to delist. A number of suppliers, retailers and wholesalers, claimed that it would be uneconomic to delist a leading brand.
(b) The parties' response
(69) The parties strongly disagreed with that analysis and made a number of submissions in support of the contrary view, as follows.
(70) The parties produced data showing the total share for all products of the top five retailers in the Member States identified by the Commission as of concern. Those shares ranged from some [5-15 %] in Greece to some [30-40 %] in Spain. They produced similar data showing the shares of their own sales in the countries concerned accounted for by their largest five customers in each. Those shares varied from some [15-25 %] for Greece to over [55-65 %] for Belgium (7). They also stressed the importance of own-label sales, not only by supermarkets, but also in some instances in their view, by the on-trade.
(71) The parties also quoted the views of a leading UK stockbroker and merchant bank (HSBC) on buyer power and its implications for the merger. It suggested that the supplier had more to lose than the retailer in any negotiation over the possible delisting of the supplier's brands, principally because, if delisting occurred, the retailer would still have all the competitors' brands, plus their own brand (which in the United Kingdom - the example given - accounted for as much as 60 % of the retailer's sales) whereas the supplier would have lost a major customer.
(72) The parties disputed the Commission's view that customers for spirits were ill-informed about prices because the products were strongly differentiated (branding) and were purchased relatively infrequently. The parties observed that spirits were purchased more frequently than some other household products such as electrical goods and suggested that some spirit brands were so-called known value items since they were widely advertised and consumers could, for example, compare their prices with that of a duty-free equivalent.
(73) Finally, the parties challenged any notion that any of their products were unique, must-stock items. They suggested that their brands were no more (or less) essential to retailers than those of their main competitors. Retailers and wholesalers would need a range of the main brands, but not necessarily all of them. They also provided details from various countries of instances where their products had been delisted.
(c) Commission's further assessment
(74) The Commission has not claimed that buyer power is non-existent in the spirits sector; rather its concern is that it will be insufficient to prevent the creation or reinforcement of dominance in the present case. As far as the dependency figures given by the parties are concerned, the Commission notes that dependency varies considerably between countries and that the share of the parties' turnover accounted for by the five largest customers in, for example, Greece is relatively low (some [15-25 %]). Also, since the on-trade is, in most Member States, much more fragmented than the off-trade, both at wholesale and retail level, those figures may overstate the true strength of countervailing power, since many on-trade retailers and their suppliers will not have it. These factors are taken into account in the consideration of buyer power in the individual country sections that follow.
(75) In the off-trade, the importance of own brands is acknowledged. But if retailers and consumers really found own-brands (whose margins are, according to the parties, much higher than those of the main brands) so attractive, it would seem reasonable to expect a much greater degree of commoditisation and the disappearance of brands from the shelves than has actually occurred. Retailers appear to find it necessary to stock a wide range of brands, presumably because, as several have indicated to the Commission in this case, if they do not they risk losing a customer, not only for the whisky and so forth, but for all the rest of their purchases from the store as well.
(76) It follows that permanent delisting of major brands is generally not a realistic option for retailers; accordingly, suppliers of those brands can, if necessary, get tough in the knowledge that the worst they can expect is a temporary delisting, perhaps limited to the less important sizes. That could very well be survivable, especially if, like the parties, the supplier also supplies a wide range of other brands and products. The stronger the brand and the portfolio in question, the less realistic the threat of delisting. By contrast, a less fortunate supplier could well risk a permanent loss of his main or only product.
(77) As regards consumer awareness of price and ability to compare, the Commission remains of the view that this is relatively limited in the spirits sector. Comparisons between on- and off-trade prices are very difficult, and within the on-trade, are complicated by the bundling of goods and services. In the off-trade, although purchases of spirits are, as the parties suggest, more frequent than of electrical goods for example, the frequency is still insufficient to allow effective comparison. Purchase of spirits is unlikely, for example, to be on, a weekly basis. With items such as electrical goods, by contrast, comparisons are facilitated by the fact that they are in most cases more expensive than spirits, the consumer has more to gain by shopping around, and consumer programmes and magazines provide further help. Duty-free prices of spirits may provide a base-line for comparison, but differences in pack sizes, and in some cases, product strengths, as between duty-free and other sales complicate the matter. Moreover, duty-free purchases will, for most people be even less frequent than non-duty-free ones.
(d) Conclusions on buyer power
(78) The strength of retailers and independent wholesalers obviously varies greatly between countries. The issue therefore needs to be analysed at that level. But on the basis of the foregoing arguments, it is not obvious that, throughout the markets of concern to the Commission, buyer power is likely to be sufficient to prevent the creation or reinforcement of a dominant position as a result of the merger.
V. EFFECTS IN SELECTED NATIONAL/PRODUCT MARKETS
(79) In this section those markets in which the Commission considers that dominant positions will be created or strengthened are examined in detail.
A. GREECE
1. General overview of the market
(80) Greece is the seventh largest consumer of spirits in the Community and in 1995 accounted for about 3 % of total Community sales by volume.
(81) Table 1 shows the relative importance of the different categories of spirits in Greece. An important feature is the large share of consumption accounted for by 'other spirits`, largely due to the sale of ouzo, the national drink. A further feature of the Greek market is the fact that although, in line with Europe as a whole, overall spirits consumption has fallen, the consumption of whiskey has grown. However, operators in this market believed that consumption of vodka, tequila, rum and gin, as well as some innovative spirits, such as fruit schnapps, was growing as well. Whiskey is the most consumed imported spirit, making Greece the second whiskey market in Europe on a per capita basis.
TABLE
2. Relevant product markets
(82) The relevant product markets under consideration in the Greek market are the internationally recognised categories of spirits, that is whiskey, vodka, gin, rum, brandy, the various liqueurs (each of which may constitute a separate niche product market), and the local ouzo aperitif.
(83) Scotch whisky accounts for 95 % of all whiskey consumed in Greece (8). However, on the basis of the market shares of the parties, the assessment of the operation would be similar no matter whether Scotch whisky or all whiskey is used. Therefore, the assessment below is made on the basis of all whiskey.
3. Market profile and position of the parties
(a) Position in the market
(84) The parties operate in Greece through wholly owned distribution subsidiaries. These are United Distillers Greece, a subsidiary of UD (Guinness) and Metaxa S & H & A AEBE, a subsidiary of IDV (GrandMet). The major brands of the parties are: Johnnie Walker Red Label, Dewar's, White Horse, Bell's, Haig, VAT 69 (Guinness) and J& B (GrandMet) in Scotch whisky; Smirnoff (GrandMet) in vodka; Metaxa (GrandMet) in brandy; Gordon's (Guinness) in gin; Ouzo 12 (GrandMet) in ouzo; and Baileys, Malibu and Archer's (GrandMet) in liqueurs and fruit schnapps. In addition, Guinness distributes Bacardi rum and Wyborowa and Finlandia vodkas, whereas GrandMet distributes tequila Cuervo, both on a brand agency basis. Table 2 shows the parties' individual and combined market shares in 1995 by value at brand owner and brand agency distributorship level, for the most important product categories in Greece.
TABLE
(b) Categories and brands of the parties
(85) The parties are present in all the major categories of spirits. Their various categories of spirits, as well as the relevant brands are shown in Table 3 below.
TABLE
(86) It may be seen from Table 3 that the combined entity will cover a broad range of spirits categories, in fact all the major and popular types of spirits. Taken separately, Guinness has currently a strong position in whiskey, gin and rum, whereas GrandMet is strong in brandy, ouzo, tequila and liqueurs. The merger thus fills the gaps in the respective portfolios of each party. The resulting combined portfolio will be by far wider and deeper than that of competitors.
(87) After the proposed operation has been completed, the combined entity will account for above [45-55 %] of the overall trade of spirits ([20-30 %] from Guinness and [10-20 %] from GrandMet), covering all the major categories of spirits marketed in Greece. The next largest competitors, Karoulias/Berry Brothers and Allied Domecq, have shares of [5-15 %] and [5-15 %] respectively.
(88) More specifically, GMG will be the driving force in the whiskey market, with a market share above [45-55 %]. In addition, it will be the largest supplier in categories such as gin with a market share above [75-85 %] (Gordon's), brandy, with a market share above [75-85 %] (Metaxa), and rum with a market share of [75-85 %] (Bacardi). Moreover, GMG will supply other categories, such as tequila (Cuervo), ouzo (Ouzo 12), cream liqueurs (Baileys and Malibu) and fruit schnapps (Archer's).
(c) Aggregation
(89) In so far as it concerns horizontal overlap in the individual categories, the proposed operation will give rise to an aggregation of market shares in the whiskey market. As a result, the combined entity's share in this market would amount to [45-55 %] (that is [40-50 %] from Guinness and [< 10 %) from GrandMet). The parties considered the accretion of [< 10 %] as a de minimis increment of shares in this market. However, the Commission considers this accretion significant, in particular in the light of the pre-existing high market share that one of the parties already had in this market, and of the fact that it is the result of the addition of one single brand, namely J& B, to the existing wide range of brands held by the other party. As can be seen in Table 4 in the top five leading whiskies in Greece in 1995, GMG would occupy positions one, three and five respectively with Johnnie Walker Red Label, Dewar's and J& B [ . . . ].
TABLE
(90) The rest of GMG's product range would be composed of a variety of other brands (Black & White, White Horse, VAT 69), and specialities, such as deluxe whiskies (Johnnie Walker Black Label, J& B Jet, Dimple) or malt whiskies (Lagavulin, Glenkinchie and so forth). By contrast GMG's competitors do not have such a broad range of whiskey brands. Karoulias-Berry Bros. supply Cutty Sark ([15-25 %] market share) and Allied Domecq Ballantine's ([5-15 %] market share), but have no other significant brands that would give them advantages similar to those that GMG will acquire.
(d) Portfolio effects
(91) Although there is no horizontal aggregation in other categories, the merger will bring together existing high market shares in gin, brandy and rum. Guinness' Gordon's gin accounts for over [75-85 %] of the gin market and is complemented by two premium quality brands, that is Tanqueray (Guinness) and Bombay Sapphire (GrandMet). Competing brands in this market include Allied Domecq's Beefeater [< 10 %] and Four Seasons [< 10 %], Amvyx's Nicholson's [< 10 %], and Seagram's Burnetts [< 10 %]. In brandy, Metaxa is the uncontested market leader with a market share of [70-80 %], whereas competitors offer Remy Martin [< 2 %], Martell [< 2 %], Courvoisier [< 2 %] and Hennessy with an insignificant market share. In rum, Bacardi is the leading brand with a [75-85 %] market share, whereas its only potential competitor is Seagram's Captain Morgan [5-15 %]. For the rest of the rum market, an industry report (Canadean) makes reference to 'cheap imitations of Bacardi`. Apart from the leading brands in their respective categories, GMG would also have a number of second-string brands including White Horse, Black & White, Bell's, Haig, VAT 69, Mackenzie, Crawford's, Dimple and Cardhu Scotch whiskies, Finlandia and Wyborowa vodkas, Grand Marnier and Sheridans liqueurs, Tanqueray gin and Karavaki and Kaloyannis ouzo.
(92) Accordingly, and given that market entry and countervailing buyer power are not significant constraints, as explained below, the Commission considers that the parties have existing dominant positions in the markets for gin, rum and brandy.
(93) Overall, GMG will be at least four times as big as the next largest competitors, none of whom account for more than [5-15 %] of the spirits market. It will therefore become the largest spirits importer and distributor in Greece. In 1996, Guinness achieved a turnover of GRD [ . . . ] and GrandMet of GRD [ . . . ], in a total market of GRD 118,2 billion. The next largest competitor, Karoulias-Berry Bros., which distributes the number two Cutty Sark whisky, achieved a turnover of GRD [ . . . ].
(94) The issue of portfolio power is of particular relevance in the assessment of the operation with regard to the Greek market. This is mainly due to the fact that the combined entity will be present across the major categories of spirits, that is whiskey, gin, rum and brandy, where it will be able to supply the leading brands, with the exception of vodka.
(95) To date, the Greek market has been characterised by the presence of various suppliers, none of which was strong across all the categories of spirits. As a result, customers, whether wholesalers or retailers, have obtained their spirits from a variety of suppliers, according to the latter's strength in the various categories. It is precisely in those market conditions that the combination of the most important spirits categories in one single supplier's portfolio is expected to enhance that supplier's market power in individual categories.
(96) As can be seen in Table 5, the portfolio of brands which GMG will bring together will include the top-selling brand in each of the main spirits categories, that is whiskey, gin, rum and brandy, with the exception of vodka. It will also contain the best-selling brands of tequila, ouzo and various liqueurs.
TABLE
(97) As stated above, whiskey is by far the largest category of spirits sold in Greece. However, the fact that GMG will include brands with very significant market shares in smaller categories is also important. For example, even if gin or rum have lower sales than whiskey, the presence of Gordon's and Bacardi is of crucial importance to a particular outlet, as these brands have been driving their respective categories for a long time and are identified with the category to which they belong. According to Canadean 1996 on Greece, 'gin continues to grow, largely due to a strong performance by Gordon's`. The same industry report refers to the rum market as consisting essentially of Bacardi.
(98) It is true that other competitors supply important brands, some of which have achieved high sales volumes. For instance, on the merits of their sales performance, Cutty Sark whisky and Stolichnaya vodka would not face particular problems in access to the trade. However, the potential power of those brands is significantly reduced by the fact that they are spread out among different suppliers. That fragmentation of the market, as contrasted to the combined portfolio of GMG, deprives such brands of their potential portfolio power.
(99) More particularly, a deep portfolio of whiskey brands, spread out across the various quality and price segments, confers considerable price flexibility and marketing opportunities. Therefore, the supplier is shielded from market pressures, as he is able to face price competition from other suppliers' brands by positioning and pricing his various brands within the category. For instance, with its secure high market performance of the best-selling whiskey brands, GMG will be able to devote as many resources as necessary in order to maintain its secondary brands in their position or to reposition the weaker brands upwards by expanding their share at the expense of competing brands, or in order to counter eventual competitive pressure coming from those brands. The parties have argued that such 'pull-through` has not occurred in the past and is accordingly unlikely to occur in the future. However, this argument ignores the substantial increase in the parties' market shares and resources that the merger will create.
(100) Moreover, a wide portfolio of categories confers major marketing advantages, giving GMG the possibility of bundling sales or increasing the sales volume of one category by tying it to the sale of another category. Both Guinness and GrandMet have made use of their portfolios of brands in bundling deals. For instance, in 1995, GrandMet rewarded customers who collected and delivered [ . . . ] bottle-caps of Smirnoff, Cuervo and J& B, by offering them a free [ . . . ]. For the same number of caps, wholesalers received a credit note of [ . . . ]. Moreover, Guinness made joint promotions of different categories and brands, whereby customers purchasing a 12-bottle pack containing Johnnie Walker Red Label (7 bottles), Gordon's gin (2 bottles) and White Horse (3 bottles) obtained a discount of [ . . . ]. It should be noted that these promotional campaigns were run with the cooperation of wholesalers who supplied the various trade channels. Finally, in 1996 GrandMet carried a similar discount campaign for wholesalers, offering discounts for purchases of [ . . . ] cases of a pre-selected mixture of the following GrandMet brands: J& B ([ . . . ]), Smirnoff ([ . . . ]), Cuervo ([ . . . ]), Baileys ([ . . . ]), Grand Marnier ([ . . . ]) and Malibu ([ . . . ]).
(101) In the on-trade, where spirits producers build a brand's strength and image, GMG, through its broad portfolio of brands, would be able to influence what products are stocked or displayed in the limited space available behind the bar, (the so-called back-bar), thus further strengthening its market power. For small outlets which have smaller back-bars, or for Greek night-clubs which concentrate on whiskey, the combined entity would be an attractive solution for one-stop-shopping considerations. In addition, larger modern outlets, which usually stock a much broader variety of brands, may also become a target of the combined entity, should it attempt to gain more back-bar space or use the image of fashionable clubs in order to launch its brands. GMG could afford to make substantial offers, discounts and credits or organise and finance promotional events, that would also accrue to the outlet itself, and use its strength in leading brands, such as Johnnie Walker Red Label, Gordon's gin and Bacardi rum, in order to induce bars to list brands in the same or another category. Given that those premises could not afford not to stock the brands set out above, the negotiating power of GMG would be significantly strengthened. Therefore, it would be much easier for GMG to induce bartenders to adopt GMG brands as pouring brands (that is, the brand offered when a customer fails to specify a brand by name), thus increasing their sales volumes and public awareness.
(102) In the off-trade, the elimination of competition between Guinness and GrandMet for in-store promotions will serve to enable GMG to plan jointly the timing of promotions, negotiate jointly the terms of promotions and coordinate any price changes. Moreover, through its variety of brands, GMG could also alternate branded products promoted over a period of time, thus occupying long promotion periods and excluding competitors from access to the promotion calendar for long periods.
(103) By comparison, competitors have weaker portfolios and fewer strong brands, the most important being Cutty Sark, accounting for [15-25 %] of whiskey sales, and Stolichnaya and Serkova vodkas, accounting for [20-30 %] and [15-25 %] of vodka sales respectively. As stated in the preceding paragraphs, although those brands may have performed well, they lack the support of a strong portfolio of brands. Indeed, in contrast to the complete GMG portfolio, the discontinuity of the competitors' portfolios would deprive them of price flexibility and make them more vulnerable to market pressures. For example, when their brands start losing sales volume, they will have to commit disproportionately stronger resources in order to avoid situations that could in the long run restrict their competitive scope.
4. Other potential competitive constraints
(a) Countervailing buyer power
(104) Such power could come from the trade and in particular the various trade intermediaries that are, in large part, the immediate customers of the spirits suppliers. In Greece, the various trade channels comprise wholesalers supplying on-trade and off-trade outlets, and retailers, including supermarkets, hypermarkets and cash and carry chains. Table 6 illustrates the split among the various trade channels, in terms of percentage of traded spirits.
TABLE
(105) The major wholesalers buy from importers and sell to small retailers and on-trade outlets in various areas of Greece. As a result of its investigation, the Commission concluded that wholesalers would not be able to exercise countervailing power against the combined entity for the reasons that follow.
(106) The parties said that out of a total of 700 wholesalers, 40 accounted for some 40 % of all imported spirits purchases. However, none of those were identified as being of a particularly significant size, whereas the remainder were small. The wholesale channel is therefore very fragmented. It follows that, overall, wholesalers would not be in a position to exercise countervailing power vis-a-vis the combined entity. On the contrary, in view of the incentives that GMG will be able to offer to them, wholesalers would have an obvious interest in staying on good business terms with GMG's marketing policy. That influence over wholesalers is particularly important to GMG, since wholesalers handle almost three quarters of the spirits trade in Greece. Moreover, since wholesalers are responsible for the supply of smaller retailers (29 % of their sales) and on-trade outlets (43 % of their sales), GMG will be able to take advantage of their access to those outlets in order to put into practice some of the marketing and promotional strategies, resulting from its large portfolio of brands, as described in the previous paragraphs on portfolio.
(107) Cash and Carry outlets constitute only a minimal portion of the market, 4 %, and their possible countervailing power is, therefore, not sufficient to reduce GMG's power.
(108) Retailers, such as supermarkets and smaller liquor shops handle 23 % of spirits trade in Greece. Although the big supermarket chains have characteristics enabling them to develop countervailing power, their replies to the questionnaires indicate that they have not done so far. On the contrary, their views suggested that because GMG has the largest number of best-selling brands and the broadest portfolio of spirits among the suppliers, it would be difficult to fulfil their needs, which are driven by consumer demand, without passing through GMG. Referring to the combined entity, a leading buying group in Greece noted that 'the two companies combined represent 56 % of all spirits purchases`. Referring to a number of GMG brands, in particular Johnnie Walker, Dewar's, White Horse, Haig, J& B, Gordon's, Smirnoff, Baileys and Grand Marnier, the buying group stated that those brands 'stand out on their own and impose themselves to the retail trade`. A large retailer, operating more than 30 supermarkets and hypermarkets, noted that 'there are certain brands of these companies which are essential for our stores to stock in view of their increased demand, such as Johnnie Walker, Bacardi, Metaxa, Ouzo 12, Dewar's, Dimple, etc.` The same retailer considered that the merger would have an impact at both consumer and retail level, since the reduction of competition would be prejudicial for the ultimate consumer.
(109) Moreover, the eight own-label whiskey brands which several supermarkets have developed account for a marginal proportion of total whiskey demand (estimated at around 5 %) and, taking into account the fact that in general whiskey consumers are brand-sensitive, own labels are not expected to put substantial competitive pressure on branded products.
(110) The parties provided a number of statements supplied by customers, which implied that the customers concerned did not believe the merger would have adverse impacts on their business. However, only limited reliance can be placed on those statements, in view of the fact that those customers have an important commercial relationship with the parties, which asked them to make the statement.
(111) Moreover, the parties presented a number of examples of on-trade outlets that had refused to stock some of Guinness' brands without payment of a listing fee. However, those examples were isolated cases which could not be considered as representative of the countervailing power of on-trade outlets. Indeed, they only concerned a limited number of on-trade outlets (six) and the delisting period was relatively short (one to three months).
(b) Parallel trade
(112) While the existence of cross-border sales is indicative of alternative supply sources and therefore of residual competition, in the case of Greece parallel trade does not appear to be a significant constraint. First, the volumes involved are not significant (9). Second, parallel trade seems to be motivated by specific circumstances that arise at random when a quantity of spirits becomes available in another Member State (usually Spain), or when variations in exchange rates resulting in cheaper prices favour this business activity. Moreover, the various wholesalers, retailers, buying groups and other respondents to the questionnaires were not aware of the extent of parallel trade, because their companies did not engage in such trade.
(c) Barriers to entry
(113) As stated above, the entry of new products into a highly branded and regulated market is a particularly difficult task in Greece, and as a result of the creation of GMG and for the reasons set out in preceding paragraphs on GMG's portfolio power and foreclosure effects, entry of new products is likely to become more difficult. Due to its negotiating power stemming from its leading brands, GMG could afford to negotiate with wholesalers and retailers lower listing fees and year-end bonuses and as a result, in order to maintain the profitability of the category, retailers could be compelled to impose higher listing fees or higher retail margins on new brands. GMG could also enter into exclusive distribution agreements or impose conditions on various on-trade outlets so as to make the launch and development of new brands both more difficult and more costly.
5. Conclusions on Greece
(114) On the basis of the above, GMG will account for [45-55 %] of the whiskey market. Coupled with its broad portfolio of whiskey brands, ranging across all the various quality and price sub-segments, that will confer on the combined entity considerable marketing advantages.
(115) Moreover, for the reasons set out above, GMG already has dominant positions in gin [80-90 %], brandy [70-80 %] and rum [75-85 %] and a very broad portfolio of brands, including the best-selling brands across all the spirits categories, with the exception of vodka, and will have [35-45 %] of overall spirits consumption in Greece.
(116) Furthermore, existing competitors do not have such a portfolio of brands that they would be able to constrain GMG's market power. In addition, the various trade channels are not able to exercise countervailing buyer power. Finally, barriers to entry are important, preventing thus new entrants from limiting the power of GMG.
(117) Therefore, for all these reasons, the merger will result in the creation of a dominant position in the Greek market for the supply of whiskey.
(118) Finally, through the portfolio effects set out above, the existing dominant positions in gin, rum and brandy will be reinforced.
B. SPAIN
1. General overview
(119) In terms of total spirit sales, Spain is the third biggest consumer in the Community, with 16,5 % of total Community sales by volume (1995).
(120) Table 7 shows the structure of spirits consumption in Spain.
TABLE
(121) Whiskey accounts for the greatest proportion of spirit sales in Spain with about 30 % market share by volume or value, about two thirds of which is accounted for by Scotch, which has been a growing market. Spain is the fourth largest consumer of whiskey in the world, after the United States, the United Kingdom and France.
(122) Brandy/cognac is the second most important spirit, with a share of about 17 %. Gin comes third with 17 % by volume and 10 % by value and has been declining. Vodka, although it accounts for a small part of the market with a share of about 3 %, has been growing over the last years.
2. Relevant product markets
(123) As explained above, the point of departure for product market analysis is the individual spirit type. In Spain, with regard to whiskey, given that the parties are not involved in the supply of Spanish whiskey, the key issue was whether separate markets should be defined for Scotch and Spanish whiskey. The parties claimed that there was no ground to differentiate between Scotch whisky and other types of whiskey, in particular, the locally produced whiskeys, namely DYC and Doble V (both produced by Allied Domecq). However, for the reasons set out in the following paragraphs, the Commission considers that Scotch whisky and Spanish whiskey are two distinct markets.
(124) Spanish whiskey does not comply with the distillation and ageing process requirements imposed on authentic Scotch whisky. Spanish whiskey is produced by combining a proportion (usually 30 %) of authentic Scotch with locally produced grain spirit. Consumers also regard the two products as different due to differences in image (for example certain Spanish brands have particular historical associations dating from the time when international brands were not readily available). Over the period 1985 to 1995, the growth in Scotch was twice that of Spanish whiskey. Furthermore, following the ending of preferential tax treatment for the local brands, their sales declined, whereas Scotch consumption generally has risen.
(125) Evidence provided by the parties on the retail prices per litre of whiskey in Spain in 1996 showed that the two Spanish whiskeys, DYC and Doble V, were at the lower end of the price range, and that only two brands of Scotch ([ . . . ]) were sold more cheaply (a difference of a few pesetas). In their response to the statement of objections the parties said that DYC had been seen in a Spanish supermarket priced considerably above two of the retailer's own-label Scotches, and a few other Scotches which were not listed on the original price series, as well as one (William Lawson) which, according to the price series, was usually considerably more expensive than either DYC or Doble V. However, when account was taken of which of the whiskies in the series were of any significance in Spain from the viewpoint of market share, it appeared that the next significant whisky in the price series ([ . . . ]) was more than [5-15 %] more expensive and the parties' biggest seller, [ . . . ], was about [25-35 %] more expensive again.
(126) The parties also adduced econometric evidence against the existence of a separate Scotch market in Spain. They provided quantitative estimates of own price elasticities to argue that Scotch whisky was not a separate market from Spanish whiskey. This was challenged by other parties. The validity of the results presented can be questioned, since the quantitative analysis suggests that some systematic influence is left out (to show up in significant residual serial correlation of unknown structure), which may contribute to the elasticity estimates. Furthermore, despite the importance of whiskey in the segment expenditure (which was also an explanatory variable), no account was taken when isolating the price elasticity of how segment expenditure varied with incremental changes in Scotch whisky price. There were therefore a number of insecure elements in the quantitative results. In the circumstances the Commission concluded that the evidence concerned could not be said either to confirm or refute the proposition which it was seeking to prove.
(127) In the light of the foregoing, the Commission considers that the relevant markets in Spain for the purposes of this assessment are Scotch and Spanish whiskey.
3. The market position of the parties
(128) Table 8 below shows the parties' shares at brand owner level by main categories of spirits in 1995.
TABLE
(129) Spain accounts for about [15-25 %] of Guinness's sales in the Community and about [10-20 %] of those of GrandMet. Importation and distribution are carried out by local wholly owned subsidiaries, Udie SA for Guinness, and Anglo Española Distribución for GrandMet.
(130) Table 9 shows the parties' market shares in Scotch by brand in volumes terms (1995 data).
TABLE
4. Aggregation
(131) The parties will have a strong position in Scotch. They have [40-50 %] combined market share by value (40-50 %] by volume) with an increment of approximately [10-20 %] by value ([10-20 %] by volume). J& B alone has over [25-35 %].
5. Competitors
(132) Overall, GMG will have more than twice the market share of its nearest competitor Allied Domecq, whose Ballantine's has a [15-25 %] market share. The third-placed competitor is Seagram's Passport, with a [< 10 %] share. Those shares, and in particular the share of Allied Domecq, have to be seen against the fact that the parties have the leading brand which on its own has a share significantly larger than Allied Domecq's total share.
6. Countervailing power of customers
(133) The parties have provided details of their estimates of the breakdown of sales by type of customer for Spain as a whole, and also in terms of their own sales. For Spain as a whole, they estimate that: direct sales to on-trade account for only [5-15 %] of the total; direct sales to off-trade retailers account for some [20-30 %], and that the balance of [60-70 %] is accounted for by sales to wholesalers including cash and carry outlets. It appears that the parties' own split of sales between these channels is [ . . . ].
(134) The parties claim that countervailing power exists because the wholesale and direct retail sectors are concentrated. They provided estimates showing that approximately [40-50 %] of their total sales are made to [ . . . ] large wholesalers/cash and carry customers and about another [15-25 %] to hypermarkets and large supermarket chains. Four hypermarket chains are said to account for approximately [55-65 %] of GrandMet's direct retail sales (equivalent figures were not available for Guinness.)
(135) It is to be noted however, that GrandMet sales through the main hypermarkets represent [5-15 %] of its total sales, suggesting that the countervailing power of those customers is limited. At the wholesale level, the majority of the parties' sales appear to be made to smaller wholesalers, who would not possess countervailing power.
(136) Moreover, it would be harder to exercise any countervailing power where the supplier has important leading brands, because any retailer or wholesaler would be taking substantially increased commercial risks in attempting to trade without being able to offer those products.
(137) In addition, one of the important elements for the exercise of countervailing power, namely a strong presence of own brand, is missing from the Spanish market, where such products account for 5 % of whiskey sales.
7. Barriers to entry
(138) There was no evidence to suggest that barriers to entry in Spain in the relevant markets were substantially different from those to be found in other European countries, and therefore the general comments in the introductory section of this Decision about barriers to entry apply. More specifically, the parties pointed to several whisky brands which had been introduced into the Spanish market since 1994. However, the majority of those brands were owned either by Guinness or by GrandMet, and the rest by existing competitors, rather than by genuine new entrants. All of them were special types of malt or premium whisky, which could be expected to capture only a small proportion of the market and which were mainly an extension of existing product lines rather than genuinely new products.
(139) It was noted that, apart from VAT 69 which has achieved approximately [< 10 %] since its recent reintroduction, in the 10 years to 1995, only two brands, Cutty Sark [< 10 %] and Passport [< 10 %], achieved a material market penetration. Passport is distributed and promoted by Seagram and has therefore benefited from that company's support, whereas Cutty Sark entered the market through independent distributorship. The relative scarcity of successful new entries over the period bears out the view that new entrants would face significant barriers.
8. Conclusions on Spain
(140) For the above reasons, the Commission considers that the concentration will lead to the creation of a dominant position in the market for Scotch whisky in Spain.
C. IRELAND
1. General overview
(141) In terms of spirit sales Ireland is the 12th largest consumer in the Community, accounting for approximately 2 % of sales.
(142) Table 10 below shows the structure of spirits consumption in Ireland in 1995.
TABLE
(143) Irish whiskey, with about one third of sales, is the most important spirit category, followed by vodka with about 20 %. Other important categories include brandy/cognac and gin.
(144) The situation in Ireland differs from other European countries in a number of ways. Irish whiskey accounts for 70 % of total whiskey sales whereas elsewhere Scotch whisky is predominant. All the leading brands of Irish whiskey are produced by Irish Distillers Ltd a subsidiary of Pernod Ricard. The Irish Distiller's Group distributes [85-95 %] of the Irish whiskey sold in Ireland and [45-55 %] of the total spirits.
(145) The distribution system for spirits is unusual, since two of the four major distributors are jointly owned by important international spirits producers, and only one is wholly owned. Normal practice in mature markets would be for all such subsidiaries to be wholly owned.
(146) The on-trade in Ireland is very dispersed with scarcely any chains of outlets. The largest chains of public houses have about 10 outlets. They are largely supplied by wholesalers. The Irish on-trade sector is important, and accounts for about 55 % of total spirits sales.
2. Product market
(147) The Commission considers that the markets for Scotch and Irish whiskeys can be differentiated on the basis of taste and consumption patterns which have been remarkably stable. This view is confirmed by the fact that over [> 95 %] of sales of Irish whiskey are made at prices higher than the price of Scotch whiskies, despite the fact that all Scotch whisky has to be imported. Three brands are listed by the parties in their reply to an Article 11 letter of 11 July 1997 as being cheaper than Scotch whiskies: [ . . . ]. Of those, [ . . . ] is not technically a whiskey but an Irish spirit, since its alcohol content is much lower than the standard required of whiskey. The other two brands are not listed individually in either IWSR or Canadean. Assuming that those brands account for all of the parties' sales of Irish whiskies classified as unidentified in Canadean, the maximum sales of both brands together amount to [ . . . ] cases or about [< 5 %] of 'unidentified` Irish whiskey. They do not therefore significantly affect the definition issue. A recent decision of the Irish Competition Authority (Decision No 285 - Irish Distillers Group/Cooley Distillery of 25 February 1994) also found a separate Irish whiskey market.
(148) In relation to products other than whiskey the conclusion reached in the introductory section of this Decision applies, namely that the relevant product market is no wider than the internationally recognised main spirit types.
3. Market profile
(149) In contrast to most other Member States, where the parties and their major competitors distribute their products through wholly owned subsidiaries, in Ireland many of the leading spirit manufacturers distribute their products through joint ventures with competing suppliers. In this situation it is necessary to consider the distribution level separately. Table 11 shows the main brands and their distributors in Ireland.
TABLE
4. Aggregation
(150) The aggregation arises from the fact that GMG would have substantial influence, albeit not de iure control, over the behaviour of three of the four major spirits distributors in Ireland. Gilbeys of Ireland (which currently distributes GrandMet spirits) would become a 100 % subsidiary of GMG. The merged entity would hold 49,6 % of Cantrell & Cochrane (the remainder of the shares being held by Allied Domecq), which wholly owns the distribution subsidiary Grants of Ireland, responsible for distributing the spirits products of Allied Domecq. Finally, Guinness holds 33 % of the shares of Edward Dillon, which principally distributes Guinness's spirits products.
(151) [The parties have argued that Guinness has no control or influence over Cantrell and Cochrane, and thus over Grants of Ireland and that their share holding is purely financial. They point out that the presence of three directors on the board of Cantrell and Cochrane is to protect Guinness' investment].
(152) However, the views of a shareholder with nearly 50 % of the equity could not realistically be ignored by the other shareholder, if Guinness, and in future GMG, chose to express them. Similarly, it is unlikely that Allied Domecq, though the majority shareholder, would be able to act in a way which Guinness might perceive as contrary to its interests without risking the dissolution of the joint venture. Consequently neither party can be said to be acting independently of the other and thus, as regards this joint venture, they should not be viewed as competitors. Moreover, it is unlikely that Guinness's current interest and that of GMG in the future would be purely financial given that Cantrell & Cochrane not only distributes spirits but is also involved in the wholesaling of alcoholic and non-alcoholic beverages and the production and distribution of cider and soft drinks, as are a number of Guinness subsidiaries.
(153) In relation to Edward Dillon, the parties point to the comfort letter recently issued by the Commission concerning this operation and the limited powers of the company's board. Two factors should be noted in this context, apart from its distribution of Bushmills Irish whiskey, an arrangement dating from the time when Irish Distillers was a shareholder in Edward Dillon, the company distributes (with very minor exceptions) only the spirit brands of its parents. Dillon would be unlikely to take on new products competing with its current range. Furthermore the situation obtaining at the time of the comfort letter will be changed by the implementation of the merger, whereby the Guinness and GrandMet interests in spirits distribution in Ireland would be combined.
TABLE
(154) Edward Dillon and Grants of Ireland are already associated through the significant shareholding Guinness has in each of them. The proposed operation would give rise to aggregations greater than 5 % in Scotch whisky (total [70-80 %]) and in brandy/cognac (total [90-100 %]). In addition, the three undertakings in which GMG would have an interest would also have very strong combined positions in vodka [60-70 %] and rum [85-95 %].
5. Competitors
(155) The Irish Distillers distribution operation is strong in Irish whiskey [85-95 %] and gin [70-80 %] but with the exception of vodka, where its Huzzar brand has a [20-30 %] share, it neither owns nor distributes other products with significant shares in other spirit categories. Therefore, although its parent company is dominant in the production of Irish whiskey and has control of most of the distribution of that product and of gin, it is not well placed to compete in other sectors.
(156) In the categories where distributors controlled or significantly influenced by GMG have very important market shares, Irish Distillers, the only competitor at this level of distribution, has few brands with any strength. In Scotch whisky, its Clan Campbell has only a [< 10 %] share against the [20-30 %] of Teacher's, and the [10-20 %] of Black and White. In cognac/brandy and rum, its Bisquit with [< 10 %] and Kiskadee with [< 5 %] are against Hennessy and Bacardi with [75-85 %] and [80-90 %] respectively. In vodka, its Huzzar brand has [20-30 %] compared with [60-70 %] for Smirnoff, but Huzzar has been losing volume faster than the category in general and much faster than Smirnoff itself.
(157) In Ireland, the multiple grocers have not developed own brands which might restrain the behaviour of powerful manufacturers and distributors in the off-trade. A number of retail chains do have agency brands, that is a proprietary product which they distribute exclusively, but those brands account for less than 5 % of the total off-trade. The recent acquisition by Tesco of retail grocery chains in Ireland is unlikely to have any substantial effect in the short to medium term and will have only a limited effect in the long term. This is because Tesco is maintaining the Irish identity of those stores, so that it cannot simply transfer its UK own brands to Ireland. Even if it were to do so, the Tesco brand is not established in Ireland and would, at least initially, carry little weight.
(158) The on-trade is more important in Ireland, accounting for about 55 % of spirits consumption, but the industry is very fragmented and is served by wholesalers. The countervailing power of those wholesalers would constrain the behaviour of strong distributors. However both Guinness and Cantrell & Cochrane have wholesaling operations including spirits which could be used either to marginalise other wholesalers or to bring pressure to bear on them, thereby reducing their effectiveness as a constraint.
(159) It seems, therefore, that there would not be sufficient constraining power from Irish Distillers in either the on-trade or the off-trade to counteract the strength of the distributors who would be controlled or significantly influenced by GMG in the Scotch whisky, and brandy/cognac markets.
6. Barriers to entry
(160) Ireland is not a densely populated country and has a large dispersed rural population. New entrants to the Irish market, who would almost certainly have a limited range of products, would not be able to establish their own distribution networks and would have to rely on using an existing distributor to provide a route to market for their product. As a result of the proposed operation, the number of major distribution channels will be reduced to two, one under the influence of GMG, the other under Irish Distillers.
7. Conclusions
(161) The proposed operation would have the effect of reducing to two the number of important independent spirits distributors in Ireland and would strengthen, through its impact at the distribution level, the parties' existing dominant positions in Scotch whisky and brandy/cognac.
D. BELGIUM/LUXEMBOURG
1. Product market definition
(a) All whiskey or Scotch
(162) On the basis of the market shares of the parties, the assessment of the operation would be similar irrespective of whether Scotch whisky or all whiskey is used. Therefore, the assessment below is made on the basis of all whiskey.
(b) Gin
(163) The question arose as to whether the definition of gin should include or exclude genever. The parties argued that genever should be included, pointing out that the Distillers case (10) had used a definition of 'juniper-based spirits`, relying on the classification of the market in Council Regulation (EEC) No 2658/87 (11). They also pointed to their own market research purporting to show that [30-40 %] of gin drinkers also drink genever and that [20-30 %] of genever drinkers also drink gin. They also referred to the ease of supply-side substitutability between genever and gin, and to the fact that gin and genever were normally positioned adjacent to one another on supermarket shelves.
(164) The fact that there is a 'juniper-based spirit` definition in Regulation (EEC) No 2658/87, or that it was used in an earlier case, does not imply that it is the appropriate definition to use in the present case. In relation to the market research, the fact that consumers will drink more than one type of spirit is not evidence that the spirits concerned are substitutes for one another, nor does adjacent positioning on supermarket shelves of itself say anything about whether the spirits concerned are in the same product market. Moreover, genever is not normally drunk with a mixer, and is often drunk as an accompaniment to beer or to coffee. In this respect it is totally different from the 'London` gins supplied by the parties.
(165) In addition, the Commission examined retail price data for gin and genever provided by the parties, and in particular it compared prices for leading brands of the two products. Its analysis showed that, over a recent two and a half year period, genever prices remained substantially below those of the gins (a difference of at least BEF [ . . . ] or approximately [5-15 %] of the bottle price). That supports the view that genever is not in the same product market as gin in Belgium/Luxembourg. Accordingly the relevant product market in Belgium/Luxembourg is considered to be the market for gin, excluding genever.
(c) Vodka
(166) There was no evidence to suggest that the appropriate product market was any narrower than the internationally recognised category for vodka. Accordingly the Commission considers the product market to be vodka.
2. General overview
(167) Belgium/Luxembourg accounted for about 2 % of total spirits sales by volume in the Community in 1995. Table 13 shows the structure of the market.
TABLE
(168) It will be noted that, in terms of its proportion of overall spirits sales, whiskey is the most important single spirit category and that some 90 % of whiskey sales are accounted for by Scotch, Gin and brandy are also important, but vodka and rum less so.
3. Position of the parties
(169) Both parties have wholly-owned subsidiaries operating in Belgium/Luxembourg for the distribution of their products there.
(170) Table 14 shows the parties' individual and combined market shares for all spirits and for certain spirit categories in Belgium/Luxembourg.
TABLE
4. Assessment
(a) Market shares following the merger
(171) As shown by Table 14 above, market shares of [40-50 %] would arise in an all-whiskey market, with an increment of [10-20 %]. The principal Guinness (UD) brands are Johnnie Walker Red Label ([10-20 %] share of all whiskey sales by volume at distribution level in 1995), Ainslies ([< 10 %]), Haig ([< 10 %]), and Black & White ([< 5 %]) as well as Cardhu, Dimple, 'Classic` and VAT 69. GrandMet's main brand is J& B ([5-15 %]). In an all-whiskey category, the next largest competitor has a market share of about [5-15 %]; GMG would therefore be at least five times as big as any competitor.
(172) In gin, according to the Canadean Report, 1996, Gordon's (Guinness) is the leading brand with a [35-45 %] market share, followed by Gilbey's (GrandMet) with [10-20 %] market share. By adding Tanqueray ([< 2 %]) and Bombay Sapphire ([< 2 %]), GMG would have a [50-60 %] combined market share in gin. The next largest competitor would be Booths ([< 5 %]) and the rest of the competitors would have minor shares well below [< 5 %], (Silver Top: [< 5 %]; Bosford [< 5 %]; Beefeater [< 2 %]; and Burnetts White Satin: [< 2 %]).
(173) In vodka, the post-merger combined market share would be over [55-65 %] with a significant increment arising from Guinness' distribution of third-party brands (Wyborowa and Zubrowka) added to the [40-50 %] market share of GrandMet's Smirnoff. The Commission recognises that if the distribution arrangements for Wyborowa and Zubrowka were to end, as the parties have suggested might happen, there would be no aggregation of market share arising from the operation. However, in the absence of any undertaking from the parties to end the agencies, the Commission must assume that current arrangements will continue. No other competitor has more than a [< 10 %] market share.
(174) The parties have argued that, notwithstanding those market shares, there is no case for finding dominance in any of the markets. Their three general arguments are that there is substantial buyer power, effective competition from own-label products, and substantial parallel trade. They observe that their margins on key products have fallen substantially in recent years.
(b) Whiskey
(175) The parties contended that powerful purchasers such as supermarkets were able to exert significant pressure on spirits suppliers. They contended that there was a high level of concentration in terms of their own sales. Figures provided by them showed that the top five customers of both Guinness and GrandMet accounted for over [35-45 %] of their total sales. The parties pointed out that, according to an IWSR report, over [45-55 %] of whiskey sales in Belgium were accounted for by large supermarkets.
(176) In terms of buyer power in branded products, the Commission doubts whether the power of large buyers such as supermarkets is likely to be sufficient to constrain the parties following the merger. In whisky, not only will the parties be the largest supplier with [40-50 %] combined market shares, compared with the nearest competitor's share of below [10-15 %], but the merger would also bring together the two leading brands, with a combined share from those two brands alone of [20-30 %]. With brands and shares of that importance relative to those of competing suppliers, supermarkets would be taking substantially increased commercial risks in attempting to trade without being able to offer those products.
(177) The parties also contended that own brands were a significant constraint in the direct retail sector, pointing out that own brands (including private label) accounted for some [25-35 %] to [45-55 %] of whiskey sales in key Belgian retail chains. In value terms the share of own label should be smaller, because it is generally cheaper than the branded product. The parties' figures also overstate the importance of own label in terms of its contribution to spirits sales in Belgium/Luxembourg. Canadean data suggests that own label might account for about [30-40 %] of all whiskey sales in Belgium.
(178) In the Commission's view, the fact that certain retailers have their own labels will not have more than a limited effect in constraining the prices for the parties' brands, in view of the market shares they possess. Although the possession of a range of own brands may strengthen the retailers' hands in negotiations it will not sufficiently offset the power which the parties know they possess through their control of the supply of leading brands.
(179) Own brands (including private label brands) are also handicapped in a number of ways. They are restricted to the outlets of the retailer or supplier in question and their scope for expansion is thus limited. The retailer cannot hope to replace altogether branded spirits by his own brands. Any attempt to do so would alienate those of his customers who want to buy specific brands, leading to the loss not merely of sales of the brands in question but possibly also of other products which might have been bought on the same occasion.
(c) Gin
(180) The parties make similar arguments in respect of gin. The parties observe that own label accounts for about [25-35 %] of sales in one leading Belgian retailer, suggesting similar shares in other comparable outlets. However the same basic arguments apply as for whiskey. The combined strength of own-brand gins appears to be significantly less than that of the parties' two brands. In addition the arguments set out above concerning the restrictions on the expansion and constraining ability of own brands of whiskey apply equally to gin.
(d) Vodka
(181) The parties estimate that the shares of own-label sales of vodka are in the order of [35-45 %] for two leading Belgian supermarket chains. Once again, however, that total is less than the share of Smirnoff. In addition, the arguments set out above concerning the restrictions on the expansion and constraining ability of own brands of whiskey apply equally to vodka.
5. Conclusions on Belgium/Luxembourg
(182) In the light of the above, the Commission considers that the merger will create dominance in the markets for whiskey, gin and vodka.
VI. UNDERTAKINGS SUBMITTED BY THE PARTIES
(183) In order to achieve clearance of the proposed concentration, the notifying parties proposed the following undertakings to be completed within the divestment period of 15 months or such extended period as may be approved by the Commission:
'(i) Parties will divest, within a period of 15 months from the date of the Decision or within such extended period as may be approved by the Commission (together "the divestment period") the rights in all EU/EEA/EFTA Member States, Poland, Hungary, the Czech Republic, Slovakia, Slovenia, Croatia, Bosnia, Serbia, and Macedonia ("the territory") to the Dewar's and "Ainslie's" Scotch whisky brands ("the brands") together with such confidential information, and related copyright and know-how specific to those brands as is necessary for their satisfactory production. In addition, the parties will undertake, in so far as whisky indispensable to the blending of the Brands can only be sourced from distilleries under their ownership, to continue to supply such whisky to the purchaser, if requested, on reasonable arms' length commercial terms. In the event of any dispute concerning the supply of such whisky, the parties shall refer the matter to be resolved by arbitration under the Rules of the London Court of International Arbitration applying the law of England and Wales.
(ii) Parties will bring to an end by 31 December 1998 at the latest the brand agency distribution arrangements for Belgium/Luxembourg for "Wyborowa" vodka currently held by Guinness.
(iii) Parties will within the divestment period:
either:
(a) [ . . . ].
or
(b) [ . . . ]
[Dispose of certain interests in Ireland in order to ensure continued competition in the distribution of spirits after the formation of GMG brands which otherwise would have effectively reduced the number of distributors in Ireland from four to two.]
(iv) The parties will, within the divestment period, entrust, for a period not less than nine years, the distribution of Gilbey's gin in Belgium to an independent third-party distributor on reasonable arms' length commercial terms. If such a distributor shall not be appointed within the divestment period, the parties will appoint an independent trustee (who shall be the same as that appointed in relation to the brands and the shareholding) who shall be mandated to appoint such a distributor on the best available terms and conditions and in any event by 30 June 1999.
(v) Parties will, within the divestment period, discontinue the brand agency distribution arrangement for Bacardi rum in Greece currently held by Guinness.
Mechanisms for divestment
(vi) The parties will immediately following the date of the Decision, and in any event, not later than four weeks, propose to the Commission for its approval the names of two institutions whom they consider appropriate to be appointed as trustees to act on GMG Brands' behalf, following its formation, in overseeing the divestment of the brands and [ . . . ]. The Commission shall not, without good cause, withhold its approval of any trustee proposed by the parties.
(vii) The parties will, as soon as possible after receiving the Commission's approval of the proposed trustee, appoint such trustee ("the trustee") to act from the date of formation of GMG Brands on its behalf in overseeing the divestment of the brands and [ . . . ] shareholding for full and fair market value during the divestment period. Such appointment shall be made, subject as more fully described below, on an irrevocable basis save only in the circumstances that Grand Metropolitan and/or Guinness should announce that the proposed merger has been abandoned in which case such appointment shall be deemed automatically revoked.
(viii) Pending divestment of the brands, the parties shall act, and shall instruct the trustee to act, so as to ensure the continued viability and market value of the brands and their rapid and effective divestiture from the rest of GMG Brands' activities, as more fully described below.
(ix) The parties undertake that they will give the trustee a mandate to find on behalf of GMG Brands a satisfactory purchaser or purchasers for the brands and [ . . . ] (subject to (xi)(b) below), it being understood that such purchaser or purchasers shall be a viable existing or prospective competitor independent of, and unconnected to Guinness or Grand Metropolitan and possessing the financial resources and proven expertise enabling it to maintain and develop the divested brands and/or shareholding as an active competitive force in competition to the parties' spirits business on the various markets concerned ("the purchaser standards").
(x) [ . . . ]. Should any of the divestitures not be effected within the divestment period, such divestitures must in any event be the subject of a binding agreement to sell by the end date agreed with the Commission.
(xi) The parties shall ensure that the mandate of the Trustee includes the following rights and obligations:
(a) to provide to the Commission written reports (with a copy to GMG Brands) on a monthly basis, (or, at the option of the Commission at such other reasonable time in the event of significant developments in the divestment process), concerning relevant developments in its negotiations with third parties interested in purchasing the brands [ . . . ], including the time-frame within which an agreement with interested third parties would be implemented, and, in particular, sufficient information to enable the Commission to assess whether each bidder satisfies the purchaser standards;
(b) to continue negotiations with an interested third party only if the Commission does not, within two weeks of receipt of the Trustee's report, formally indicate that it does not approve of the third party specifying its reasons;
(c) to receive remuneration from GMG Brands on a basis which will provide incentives for a prompt divestiture.
(xii) The parties undertake that GMG Brands shall provide the trustee with all reasonable assistance required in carrying out the mandate.
(xiii) If there is more than one prospective purchaser unopposed by the Commission for all or any of the brands [ . . . ], GMG Brands shall be free to select the offer of its choice.`
VII. ASSESSMENT OF THE UNDERTAKINGS
A. WHISKEY
(184) The parties have offered to divest two brands at European level. Dewar's is an important international brand and the parties' third most important one in worldwide sales terms, after Johnnie Walker and J& B. Ainslie's currently sells only in Belgium/Luxembourg but is the third most important brand in that territory.
(185) The effect of divestiture on the various whiskey markets in which the Commission has identified problems is shown in Table 15.
TABLE
(186) Together the sales of these brands in the Community in 1995 were [ . . . ] million nine-litre cases, or about [< 5 %] of Community consumption by volume. For comparison, sales of Famous Grouse, the leading Scotch whisky not sold by a major spirits producer, were [ . . . ] million cases in 1995.
B. VODKA
(187) The termination of the Wyborowa agency in Belgium/Luxembourg will reduce the parties' market share from [60-70 %] to [45-55 %], the remaining market share being accounted for in its entirety by GrandMet's Smirnoff, and remove the overlap created by the merger.
C. GIN
(188) The appointment of an independent third-party distributor for gin in Belgium/Luxembourg would reduce the parties' market share for gin from [50-60 %] to [35-45 %].
D. RUM
(189) Bacardi accounts for [75-85 %] of rum sales in Greece. The termination of the Bacardi agency agreement in Greece would, together with the divestment in whisky, reduce significantly the number of product categories in which the parties would have significant shares. Although GMG will continue to hold high market shares in some categories, notably brandy, its ability to exercise portfolio power will be satisfactorily restrained, since whiskey and rum are respectively the first and third largest spirit categories in Greece.
E. IRELAND
(190) The parties propose the two following alternatives. Either:
(a) [ . . . ].
(b) [ . . . ].
[Which will involve the disposal of certain interests in Ireland so as to ensure continued competition in the distribution of spirits.]
(191) Either of these options would satisfactorily address the competition issues identified in the Commission's analysis of the Irish market by substantially reducing the parties' influence over the distribution of their own products and those of others in that territory. [ . . . ]. [Either alternative will ensure that the influence of GMG over the distribution of spirits in Ireland is significantly reduced.]
F. TERMS AND CONDITIONS
(192) The terms and conditions for the various divestitures, which are consistent with the practice in previous such cases, are considered adequate.
VIII. CONCLUSION
(193) In the light of the foregoing, the Commission has concluded that the concentration notified by Guinness plc and Grand Metropolitan plc on 16 May 1997, relating to the merger of all their business activities, should be declared compatible with the common market and with the functioning of the EEA Agreement, subject to the condition of full compliance with the commitments made by the parties in their undertaking to the Commission as set out in section VI above,
HAS ADOPTED THIS DECISION:
Article 1
The concentration notified by Guinness plc and Grand Metropolitan plc, relating to the merger of all their business activities, is declared compatible with the common market and with the functioning of the EEA Agreement, subject to the condition of full compliance with the commitments made by the parties in their undertaking to the Commission as set out in section VI of this Decision.
Article 2
This Decision is addressed to:
Guinness plc
39 Portman Square
London W1H 0EE
United Kingdom
and
Grand Metropolitan plc
8 Henrietta Place
London W1M 9AG
United Kingdom.
Done at Brussels, 15 October 1997. | [
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COMMISSION DECISION of 16 June 1993 deferring, as regards the import of vegetable propagating and planting material, other than seed, from third countries, the date referred to in Article 16 (2) of Directive 92/33/EEC
(93/400/EEC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 92/33/EEC of 28 April 1992 on the marketing of vegetable propagating and planting material, other than seed (1), and in particular Article 16 (2) thereof,
Whereas the schedule referred to in Article 4 of the said Directive has not yet been established; whereas, as a consequence, there were no Community conditions in force on 1 January 1993;
Whereas the normal trade pattern of Member States should not be interrupted and they should be allowed to continue to import propagating and planting material and ornamental plants produced in third countries;
Whereas the deferring of the date shall be made on a country-by-country basis, taking into account the programme for assessing the conditions prevalent in the respective third countries;
Whereas it has been impossible to set up such programme, in the absence of Community conditions; whereas for the time limit being the date of 1 January 1993 must be deferred for third countries in general;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry, as provided for in Article 21 of the said Directive,
HAS ADOPTED THIS DECISION:
Article 1
The date referred to in Article 16 (2), first subparagraph of Directive 92/33/EEC is hereby deferred until 31 December 1993.
Article 2
This Decision is addressed to the Member States.
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*****
COMMISSION DECISION
of 6 January 1984
amending Decision 83/423/EEC as regards the list of establishments in Paraguay approved for the purpose of importing fresh meat into the Community
(84/30/EEC)
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine animals and swine and fresh meat from third countries (1), as last amended by Directive 83/91/EEC (2), and in particular Articles 4 (1) and 18 (1) (a) and (b) thereof,
Whereas a list of establishments in Paraguay, approved for the purposes of the importation of fresh meat into the Community, was drawn up initially by Commission Decision 83/423/EEC (3);
Whereas a routine inspection under Article 5 of Directive 72/462/EEC and Article 3 (1) of Commission Decision 83/196/EEC of 8 April 1983 concerning on-the-spot inspections to be carried out in respect of the importation of bovine animals and swine and fresh meat from non-member countries (4) has revealed that the level of hygiene of one establishment has altered since the last inspection;
Whereas the list of establishments should, therefore, be amended;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
The Annex to Decision 83/423/EEC is hereby replaced by the Annex to this Decision.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 6 January 1984. | [
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COUNCIL DECISION
of 16 November 2009
on a Community Position concerning participation in the CARIFORUM-EC Consultative Committee provided for by the Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part, and on the selection of the representatives of organisations located in the EC Party
(2010/207/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular the second subparagraph of Article 300(2) thereof,
Having regard to the proposal from the Commission,
Having consulted the European Economic and Social Committee,
Whereas:
(1)
The Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part (1) (hereinafter ‘the Agreement’), was signed on 15 October 2008, and has applied provisionally since 29 December 2008.
(2)
Article 232(2) of the Agreement provides for the Joint CARIFORUM-EC Council (hereinafter ‘the Joint Council’) to decide on the participation in the CARIFORUM-EC Consultative Committee (hereinafter ‘the Committee’), with a view to ensuring a broad representation of all interested parties.
(3)
It is crucial to ensure the rapid set up of the institutions provided for by the Agreement, and in particular the Committee, in the light of its role in monitoring the implementation of the Agreement.
(4)
An internal Community procedure should be established for the selection of representatives of organisations located in the EC Party.
(5)
The European Economic and Social Committee has expressed its willingness to assist in identifying and selecting European civil society organisations representatives, and to initially hold the Committee secretariat,
HAS DECIDED AS FOLLOWS:
Article 1
The position of the Community in view of the adoption of a Decision of the Joint Council leading to the selection of standing members of the Committee provided for by the Agreement shall be based on the draft decision of the Joint Council annexed to this Decision.
Article 2
1. Representatives of the European organisations defined in Article 1.1(a) of the Annex shall be proposed by the European Economic and Social Committee in consultation and agreement with the Commission for approval by the CARIFORUM-EC Trade and Development Committee (hereinafter ‘the Trade and Development Committee’). The proposed representatives shall be three representatives of trade union organisations, three representatives of employers’ organisations, three representatives of organisations representing various social and economic interests, including farmers’ and consumers’ associations, and shall fulfil the requirements set out in Article.1 of the Annex.
2. There shall be four representatives of the European organisations defined in Article 1.1(c) of the Annex and two representatives of the European organisations defined in Article 1.1(b) of the Annex. The European Economic and Social Committee shall be asked to establish rosters of the organisations defined in Articles 1.1(b) and 1.1(c) of the Annex. This shall be effected by widely publicising a call for expression of interest to be included in such roster. In replying to such call, any interested organisation shall describe how it fulfils the requirements set out in Article 1 of the Annex. The rosters shall remain open for any organisation fulfilling the requirements of that provision to be included. The Commission shall verify that organisations seeking inclusion in the roster fulfil the requirements set out in Article 1 of the Annex. Where the Commission considers that an organisation having applied for inclusion in the roster does not fulfil such requirements, it shall inform the applicant organisation within two months of the date of application.
3. Organisations included in the rosters shall be kept informed of, and shall be able to participate as observers at their own cost in, the working of the Committee.
4. In the call for expression of interest, organisations shall also be invited to express an interest in one of their representatives to serve as a standing member of the Committee. The organisations included in the rosters shall be subsequently called to endorse the candidature of up to two standing representatives for the Committee, among those having expressed such interest and fulfilling the requirements set out in Article 1 of the Annex. The EC Party shall propose to the Trade and Development Committee as standing members for categories 1.1(b) and 1.1(c) those representatives having received more endorsements as long as the requirements of Article 1 of the Annex are respected.
5. A call for expression of interest to serve as standing members of the Committee shall be launched four months before the expiry of the mandate of the members serving in the Committee. The designation shall follow the same procedures set out in paragraph 4.
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COUNCIL REGULATION (EEC) No 768/88 of 2 February 1988 amending Regulation (EEC) No 4136/86 on common rules for imports of certain textile products originating in third countries
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas Council Regulation (EEC) No 4136/86 (1) made imports of certain textile products originating in third countries subject to common rules;
Whereas the agreements concerning trade in textile products negotiated by the Community with a number of supplier countries provide that, as soon as the International Convention on the Harmonized Commodity Description and Coding System enters into force, textile products are to be classified according to the said system and to the Community nomenclatures bases thereon;
Whereas Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (2) introduced on 1 January 1988 a goods nomenclature, known as the ´combined nomenclature' (CN), which satisfies in particular the needs of the statistics of external trade of the Community; whereas the textile products covered by the Agreements shosuld therefore be classified according to the combined nomenclature; whereas provision should be made for the importation and entry for free circulation in the Community from 1 January 1988 of certain textile products consigned in supplier countries before that date, the classification of which will be altered by the entry into force of the combined nomenclature;
Whereas the quantitative limits should be allocated among the Member States for the period 1988 to 1991;
Whereas Regulation (EEC) No 4136/86 should therefore be amended accordingly, and for reasons of clarity and administrative efficiency, the quantitative limits established in accordance with Article 11 of the said Regulation should be included in an Annex IV bis,
HAS ADOPTED THIS REGULATION:
Article 1 Regulation (EEC) No 4136/86 is hereby amended as follows:
1. Article 1 (2) shall be replaced by the following:
´2. The classification of products listed in Annex I shall be based on the combined nomenclature (CN), without prejudice to Article 3 (7).' The procedures for the application of this paragraph are laid down in Annex VI.
2. The following subparagraph shall be added to Article 3 (2):
´The allocation of these quantitative limits among the Member States for the years 1988 to 1991 is set out in Annexe IV bis.' 3. Article 3 (7) shall be replaced by the following:
´7. The definition of quantitative limits laid down in Annex III and the categories of products, to which they apply shall be adapted in accordance with the procedure laid down in Article 15 where this proves necessary to ensure that any subsequent amendment to the combined nomenclature (CN) or any decision amending the classification of such products does not result in a reduction of such quantitative limits.' 4. The following two paragraphs shall be added to Article 3;
´8. The quantitative limits laid down in this Article shall not apply to products which were not subject to quantitative import limits before 1 January 1988 and which, as a result of the entry into force of the combined nomenclature (CN), will from that date be classified in one or more of the categories of products referred to in Annex III. This provision shall apply only to products consigned by the supplier country from which they are originating to the Community before 1 January 1988.
9. Entry for free circulation of products falling within one or more categories of products, the importation of which was subject to a quantitative limit before 1 January 1988, shall continue under the same import conditions as before that date even if, as a result of the entry intro force of the combined nomenclature (CN), those products are classified in a different category.
This provision shall apply only to products consigned by the supplier country from which they are originating to the Community before 1 January 1988.' 5. Article 12 (2) shall be replaced by the following:
´2. In respect of the products listed in Annex I, Member States shall notify the Commission monthly, within 30 days of the end of each month, of the total quantities imported during that month, indicating the combined nomenclature code and using the units and, where appropriate, the supplementary units, used in that code. Imports shall be broken down according to the statistical procedures in force.' 6. Annex I shall be replaced by that appearing in Annex I to this Regulation.
7. Annex IV bis appearing in Annex II to this Regulation shall he added.
8. Annex VI shall be replaced by that appearing in Annex III to this Regulation.
9. Paragraph 6 of Annex VIIa shall be replaced by the following:
´6. Articles 7 and 8 of the Regulation shall apply to the quantities listed in the attached tables B and C with the exception of transfer between these quantitative limits and those provided for in Annex IV.' 10. Table C of Annex IV of this Regulation shall be added to Annex VIIa.
11. For the years 1988 to 1991, the combined nomenclature codes contained in column 2 of the new Annex I shall replace the Common Customs Tariff numbers and NIMEXE codes contained in columns (2) and (3) of Annex III.
Article 2 This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Communities.
It shall apply with effect from 1 January 1988.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 2 February 1988. | [
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COMMISSION REGULATION (EC) No 23/2008
of 11 January 2008
amending Commission Regulation (EC) No 622/2003 laying down measures for the implementation of the common basic standards on aviation security
(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 2320/2002 of the European Parliament and the Council of 16 December 2002 establishing common rules in the field of civil aviation security (1) and in particular Article 4(2) thereof,
Whereas:
(1)
The Commission is required, by virtue of Regulation (EC) No 2320/2002, to adopt measures for the implementation of common basic standards for aviation security throughout the Community. Commission Regulation (EC) No 622/2003 of 4 April 2003 laying down measures for the implementation of the common basic standards on aviation security (2) was the first act laying down such measures.
(2)
There is a need for measures to make the common basic standards more precise. As regards Threat Image Projection (TIP) performance requirements should be laid down. It should be considered to review these requirements on a regular basis and at least every 2 years to ensure that they continue to reflect technical developments, in particular as regards the size of the library of virtual images available.
(3)
TIP should be used to enhance the performance of screeners, examining both cabin bags and hold bags, by means of projecting virtual images of threat articles into an x-ray image of a bag. There should be a minimum and maximum percentage of virtual images of threat articles to be projected into the images of bags. By screeners responding to images of bags, TIP should inform them if they have responded correctly in identifying the virtual image of the threat article. Furthermore, the library of virtual images used for TIP should be enlarged and refreshed on a regular basis, in order to take into account new threat articles and to avoid familiarity with the virtual images.
(4)
Information about the performance requirements of security equipment, including TIP, at airports should not be placed in the public domain as it could potentially be misused to circumvent security controls. The information should only be made available to regulators and equipment manufacturers.
(5)
Regulation (EC) No 622/2003 should be amended accordingly.
(6)
The measures provided for in this Regulation are in accordance with the opinion of the Committee on Civil Aviation Security,
HAS ADOPTED THIS REGULATION:
Article 1
The Annex to Regulation (EC) No 622/2003 is amended as set out in the Annex to this Regulation.
Article 3 of that Regulation shall apply as regards the confidential nature of this Annex.
Article 2
This Regulation shall enter into force on 1 February 2008.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COUNCIL DIRECTIVE 93/32/EEC of 14 June 1993 on passenger hand-holds on two-wheel motor vehicles
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 Council Directive 92/61/EEC of 30 June 1992 relating to the type-approval of two- or three-wheel motor vehicles (1),
Having regard to the proposal from the Commission (2),
In cooperation with the European Parliament (3)
Having regard to the opinion of the Economic and Social Committee (4),
Whereas the internal market comprises and area without internal frontiers in which the free movement of goods, persons, services and capital is ensured; whereas the measures required for that purpose need to be adopted;
Whereas, with regard to their passenger hand-holds, in each Member State two-wheel motor vehicles must display certain technical characteristics laid down by mandatory provisions which differ from one Member State to another; whereas, as a result of their differences, such provisions constitute a barrier to trade within the Community;
Whereas these obstacles to the operation of the internal market may be removed if the same requirements are adopted by all Member States in place of their national rules;
Whereas it is necessary to draw up harmonized requirements concerning passenger hand-holds on two-wheel motor vehicles in order to enable the type-approval and component type-approval procedures laid down in Directive 92/61/EEC to be applied for each type of such vehicle;
Whereas, given the scale and impact of the action proposed in the sector in question, the Community measures covered by this Directive are necessary, indeed essential, to achieve the aim in view, which is to establish Community vehicle type-approval; whereas that aim cannot be adequately achieved by the Member States individually,
HAS ADOPTED THIS DIRECTIVE:
Article 1
This Directive and its Annex apply to passenger hand-holds of all types of two-wheel vehicles as defined in Article 1 of Council Directive 92/61/EEC.
Article 2
The procedure for the granting of component type-approval in respect of passenger hand-holds on a type of two-wheel motor vehicle and the conditions governing the free movement of said vehicles shall be as laid down in Chapters II and III of Directive 92/61/EEC.
Article 3
Any amendments necessary to adapt the requirements of the Annexes to technical progress shall be adopted in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC (5).
Article 4
1. Member States shall adopt and publish the provisions necessary to comply with this Directive not later than 14 December 1993. They shall forthwith inform the Commission thereof.
When the Member States adopt these provisions, they shall contain a reference to this Directive or shall 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.
From the date mentioned in the first subparagraph Member States may not, for reasons connected with the passenger hand-holds, prohibit the initial entry into service of vehicles which conform to this Directive.
They shall apply the provisions referred to in the first subparagraph as from 14 June 1995.
2. Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field covered by this Directive.
Artikel 5
This Directive is addressed to the Member States.
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Commission Regulation (EC) No 1717/2003
of 29 September 2003
determining the extent to which applications lodged in September 2003 for import licences for certain pigmeat products under the regime provided for by the Agreements concluded by the Community with the Republic of Poland, the Republic of Hungary, the Czech Republic, Slovakia, Bulgaria and Romania can be accepted
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 1898/97 of 29 September 1997 laying down detailed rules for the application in the pigmeat sector of the arrangements provided for by the Agreements concluded by the Community with Bulgaria, the Czech Republic, Slovakia, Romania, the Republic of Poland and the Republic of Hungary(1), as last amended by Regulation (EC) No 1467/2003(2), and in particular Article 4(5) thereof,
Whereas:
(1) The applications for import licences lodged for the fourth quarter of 2003 are for quantities less than or equal to the quantities available and can therefore be met in full.
(2) The surplus to be added to the quantity available for the following period should be determined.
(3) It is appropriate to draw the attention of operators to the fact that licences may only be used for products which comply with all veterinary rules currently in force in the Community,
HAS ADOPTED THIS REGULATION:
Article 1
1. Applications for import licences for the period 1 October to 31 December 2003 submitted pursuant to Regulation (EC) No 1898/97 shall be met as referred to in Annex I.
2. For the period 1 January to 31 March 2004, applications may be lodged pursuant to Regulation (EC) No 1898/97 for import licences for a total quantity as referred to in Annex II.
3. Licences may only be used for products which comply with all veterinary rules currently in force in the Community.
Article 2
This Regulation shall enter into force on 1 October 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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Commission Regulation (EC) No 626/2002
of 11 April 2002
fixing the export refunds on milk and milk products
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products(1), as last amended by Commission Regulation (EC) No 509/2002(2), and in particular Article 31(3) thereof,
Whereas:
(1) Article 31 of Regulation (EC) No 1255/1999 provides that the difference between prices in international trade for the products listed in Article 1 of that Regulation and prices for those products within the Community may be covered by an export refund within the limits resulting from agreements concluded in accordance with Article 300 of the Treaty.
(2) Regulation (EC) No 1255/1999 provides that when the refunds on the products listed in Article 1 of the abovementioned Regulation, exported in the natural state, are being fixed, account must be taken of:
- the existing situation and the future trend with regard to prices and availabilities of milk and milk products on the Community market and prices for milk and milk products in international trade,
- marketing costs and the most favourable transport charges from Community markets to ports or other points of export in the Community, as well as costs incurred in placing the goods on the market of the country of destination,
- the aims of the common organisation of the market in milk and milk products which are to ensure equilibrium and the natural development of prices and trade on this market,
- the limits resulting from agreements concluded in accordance with Article 300 of the Treaty, and
- the need to avoid disturbances on the Community market, and
- the economic aspect of the proposed exports.
(3) Article 31(5) of Regulation (EC) No 1255/1999 provides that when prices within the Community are being determined account should be taken of the ruling prices which are most favourable for exportation, and that when prices in international trade are being determined particular account should be taken of:
(a) prices ruling on third country markets;
(b) the most favourable prices in third countries of destination for third country imports;
(c) producer prices recorded in exporting third countries, account being taken, where appropriate, of subsidies granted by those countries; and
(d) free-at-Community-frontier offer prices.
(4) Article 31(3) of Regulation (EC) No 1255/1999 provides that the world market situation or the specific requirements of certain markets may make it necessary to vary the refund on the products listed in Article 1 of the abovementioned Regulation according to destination.
(5) Article 31(3) of Regulation (EC) No 1255/1999 provides that the list of products on which export refunds are granted and the amount of such refunds should be fixed at least once every four weeks; the amount of the refund may, however, remain at the same level for more than four weeks.
(6) In accordance with Article 16 of Commission Regulation (EC) No 174/1999 of 26 January 1999 on specific detailed rules for the application of Council Regulation (EC) No 804/68 as regards export licences and export refunds on milk and milk products(3), as last amended by Regulation (EC) No 156/2002(4), the refund granted for milk products containing added sugar is equal to the sum of the two components; one is intended to take account of the quantity of milk products and is calculated by multiplying the basic amount by the milk products content in the product concerned; the other is intended to take account of the quantity of added sucrose and is calculated by multiplying the sucrose content of the entire product by the basic amount of the refund valid on the day of exportation for the products listed in Article 1(1)(d) of Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector(5), however, this second component is applied only if the added sucrose has been produced using sugar beet or cane harvested in the Community.
(7) Commission Regulation (EEC) No 896/84(6), as last amended by Regulation (EEC) No 222/88(7), laid down additional provisions concerning the granting of refunds on the change from one milk year to another; those provisions provide for the possibility of varying refunds according to the date of manufacture of the products.
(8) For the calculation of the refund for processed cheese provision must be made where casein or caseinates are added for that quantity not to be taken into account.
(9) It follows from applying the rules set out above to the present situation on the market in milk and in particular to quotations or prices for milk products within the Community and on the world market that the refund should be as set out in the Annex to this Regulation.
(10) 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 export refunds referred to in Article 31 of Regulation (EC) No 1255/1999 on products exported in the natural state shall be as set out in the Annex.
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.
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*****
COMMISSION DECISION
of 27 April 1988
on applications for reimbursement and the payment of advances in respect of aids granted pursuant to Council Regulation (EEC) No 1400/86
(Only the French text is authentic)
(88/286/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1400/86 of 6 May 1986 introducing a common measure for the encouragement of agriculture by improving the rearing of beef cattle in certain less-favoured areas of France (1), and in particular Article 8 (4) thereof,
Whereas applications for reimbursement and applications for the payment of advances to be presented by France to the Guidance Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) must include certain items of information making it possible to verify that the expenditure complies with the provisions of Regulation (EEC) No 1400/86 and the programme presented by France, endorsed by the Commission in accordance with Article 3 (3) of that Regulation;
Whereas, to allow for effective verification, France must hold all supporting documentation at the disposal of the Commission for a period of three years after payment of the last reimbursement;
Whereas to enable payment of the advances provided for in Article 8 (3) of Regulation (EEC) No 1400/86 to be implemented, rules relating to procedures in this connection must be laid down;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Committee of the European Agricultural Guidance and Guarantee Fund (EAGGF),
HAS ADOPTED THIS DECISION:
Article 1
1. The reimbursement applications referred to in Article 8 (1) of Regulation (EEC) No 1400/86 must comply with the tables given in Annexes I to III.
2. France shall submit to the Commission, with the first reimbursement application, texts of the national implementing and verification provisions and of the administrative instructions, and the forms and all other documents relating to the administrative implementation of the measure.
Article 2
France shall hold at the disposal of the Commission for three years after payment of the last reimbursement all the supporting documents or certified copies thereof in its possession on the basis of which the aids provided for by Regulation (EEC) No 1400/86 were approved, and also the applications for reimbursement and advances established.
Article 3
The applications for advances referred to in Article 8 (3) of Regulation (EEC) No 1400/86 must comply with the tables given in Annexes IV and V.1 to V.6.
Article 4
1. The EAGGF Guidance Section advances may not exceed 80 % of the Community contribution to the financing of the expenditure provided for during the reference year.
2. Advances not disbursed during the year for which they have been paid shall be deducted from the advance to be paid in respect of the following year.
3. Advances in respect of the following year may not be paid before the following documents have been submitted to the Commission:
- either a report drawn up in accordance with the Table in Annex VI reviewing the progress of the operations during the preceding year for which advances were paid,
- or the final application for reimbursement established in accordance with Article 1 (1).
Article 5
This Decision is addressed to France.
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Commission Regulation (EC) No 2169/2001
of 8 November 2001
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), 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 2140/2001(2).
(2) It follows from applying the detailed rules contained in Regulation (EC) No 2140/2001 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 2140/2001 are hereby altered to the amounts shown in the Annex hereto.
Article 2
This Regulation shall enter into force on 9 November 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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*****
COMMISSION REGULATION (EEC) No 1552/81
of 9 June 1981
amending Regulations (EEC) No 1324/68, (EEC) No 1579/70, (EEC) No 2074/73 and (EEC) No 102/78 laying down special conditions for the export of certain cheeses to Switzerland, Spain and Austria
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of the market in milk and milk products (1), as last amended by the Act of Accession of Greece, and in particular the first subparagraph of Article 17 (4) thereof,
Having regard to Council Regulation (EEC) No 876/68 of 28 June 1968 laying down general rules for grant- ing export refunds on milk and milk products and criteria for fixing the amount of such refunds (2), as last amended by Regulation (EEC) No 2429/72 (3), and in particular Article 6 (3) thereof,
Having regard to Council Regulation (EEC) No 2931/79 of 20 December 1979 on the granting of assistance for the exportation of agricultural products which may benefit from a special import treatment in a third country (4), and in particular Article 1 (2) thereof,
Whereas Council Regulation (EEC) No 729/81 of 17 March 1981 (5) amends the Agreement on price observance and import arrangements annexed to the Agreement of 20 September 1977 between Austria and the European Economic Community concerning certain types of cheese negotiated under Article XXVIII of GATT; whereas, therefore, Annex IV to Commission Regulation (EEC) No 102/78 of 18 January 1978 laying down special conditions for exports of certain cheeses to Austria (6) should be amended accordingly;
Whereas the use of the special certificate provided for in Regulation (EEC) No 102/78 confers an advantage on the exporter; whereas, to ensure that the special certificate is used in Austria only for the purposes for which it was issued in the Community, a stricter customs control procedure should be laid down; whereas the following Regulations should also be amended accordingly:
- Commission Regulation (EEC) No 1324/68 of 29 August 1968 laying down special conditions for the export of certain cheeses to Switzerland (7), as last amended by Regulation (EEC) No 3474/80 (8),
- Commission Regulation (EEC) No 1579/70 of 4 August 1970 laying down special conditions for the export of certain cheeses to Spain (9), as last amended by Regulation (EEC) No 166/81 (10), and
- Commission Regulation (EEC) No 2074/73 of 31 July 1973 establishing the special conditions for the export of processed cheese to Switzerland (11), as last amended by Regulation (EEC) No 3474/80;
Whereas, since certain cheeses may be exported to the abovementioned non-member countries without a refund, provision should be made for the use of the special certificate in this case, too;
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 1324/68 is hereby amended as follows:
1. Article 1 shall be replaced by the following:
'Article 1
For exports to Switzerland of products listed in Annex I, a special certificate shall be issued on application by the parties concerned.'
2. The following paragraph (3) shall be added to Article 4:
'3. Where use is made of the document certifying that the cheeses have left the geographical territory of the Community without further processing, the certificate provided for in Article 1 shall be stamped only if the said document states Switzerland to be the country of destination.'
3. The following Article 4a shall be inserted:
'Article 4a
Without prejudice to other provisions contained in the Community rules, and in Regulation (EEC) No 2730/79 in particular, the granting of a refund for the products listed in Annex I and exported to Switzerland shall also be subject to presentation of a copy of the certificate duly stamped by the Swiss customs authorities in the space provided for his purpose.
No refund at a rate higher than that set for exports of cheese to Switzerland may be granted where the document used at the time of the completion of customs export formalities to qualify for the refund states Switzerland to be the country of destination.'
Article 2
Regulation (EEC) No 1579/70 is hereby amended as follows:
1. Article 1 (1) shall be replaced by the following:
'1. For exports of cheese to Spain, a special certificate shall be issued on application by the parties concerned.'
2. The following paragraph (3) shall be added to Article 4:
'3. Where use is made of the document certifying that the cheeses have left the geographical territory of the Community without further processing, the certificates provided for in Article 1 shall be endorsed only if the said document states Spain to be the country of destination.'
3. The following Article 6a shall be inserted:
'Article 6a
Without prejudice to other provisions contained in the Community rules and in Regulation (EEC) No 2730/79 in particular, the granting of a refund on exports to Spain, excluding customs territories to which special arrangements apply, of cheeses other than those listed in Annex I shall also be subject to presentation of a copy of the certificate duly endorsed by the Spanish customs authorities in the space provided for this purpose.
No refund at a rate higher than that set for exports of cheese to Spain may be granted where the document used at the time of the completion of the customs export formalities to qualify for the refund states Spain to be the country of destination.'
Article 3
Regulation (EEC) No 2074/73 is hereby amended as follows:
1. Article 1 shall be replaced by the following:
'Article 1
For exports to Switzerland of processed cheeses, falling within subheading 04.04 D II of the Common Customs Tariff, a special certificate shall be issued on application by the parties concerned.'
2. Article 2 (3) shall be replaced by the following:
'3. The certificate shall be made out in one original and at least three copies. The copies shall bear the same serial number as the original.
The original and the copies shall be completed at the same time, either in typescript or in manuscript, using carbon paper. If in manuscript they must be completed in capital letters.'
3. Article 3 shall be replaced by the following:
'Article 3
1. The certificate and copies shall be issued by the issuing agency designated by each Member State. The issuing agency shall retain one copy of the certificate.
2. When the product leaves the geographical territory of the Community, the original and two copies shall be presented at the customs office of exit, which shall endorse them in the place reserved for this purpose and return them to the interested party.
One copy endorsed by the customs office of exit is intended to be sent back to the issuing agency by the Swiss authorities.'
4. The following paragraph (3) shall be added to Article 4:
'3. Where use is made of the document certifying that the cheeses have left the geographical territory of the Community without further processing, the certificate provided for in Article 1 shall be endorsed only if the said document states Switzerland to be the country of destination.'
5. The following Article 5a shall be inserted:
'Article 5a
Without prejudice to other provisions contained in the Community rules, and in Regulation (EEC) No 2730/79 in particular, the granting of a refund for processed cheeses exported to Switzerland shall also be subject to presentation of a copy of the certificate duly endorsed by the Swiss customs authorities in the space provided for this purpose.
No refund at a rate higher than that set for exports of processed cheeses to Switzerland may be granted where the document used at the time of the completion of the customs export formalities to qualify for the refund states Switzerland to be the country of destination.' 6. The Notes to the Annex is replaced by the text of Annex I to this Regulation.
Article 4
Regulation (EEC) No 102/78 is hereby amended as follows:
1. Article 1 (1) shall be replaced by the following:
'1. For the export of cheeses to Austria, a special certificate shall be issued on application by the parties concerned.'
2. In Article 3 (5), 'or to the agency granting the refunds' shall be deleted.
3. The following paragraph (3) shall be added to Article 5:
'3. Where use is made of the document certifying that the cheeses have left the geographical territory of the Community without further processing, the certificates provided for in Article 1 shall be endorsed only if the said document states Austria to be the country of destination.'
4. The following Article is inserted:
'Article 7a
Without prejudice to other provisions contained in the Community rules and in Regulation (EEC) No 2730/79 in particular, the granting of a refund for cheeses other than those listed in Annex I and exported to Austria shall also be subject to presentation of a copy of the certificate duly endorsed by the Austrian customs authorities in the box provided for this purpose.
This certificate duly endorsed by the Austrian customs shall be considered as the proof referred to in Article 20 (3) of Regulation (EEC) No 2730/79.
No refund at a rate higher than that set for exports of cheeses to Austria may be granted where the document used at the time of the completion of the customs export formalities to qualify for the refund states Austria to be the country of destination.'
5. In Annex I, paragraph (b) shall be replaced by the following:
'(b) Other cheeses made from cow's milk with a water content in the non-fatty matter exceeding 62 % by weight, excluding the cheeses referred to in footnote ( 3) to Annex IV.'
6. Annex IV shall be replaced by Annex II to this Regulation.
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.
Done at Brussels, 9 June 1981. | [
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COUNCIL DECISION 2006/228/JHA
of 9 March 2006
fixing the date of application of certain provisions of Decision 2005/211/JHA concerning the introduction of some new functions for the Schengen Information System, including the fight against terrorism
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to Council Decision 2005/211/JHA of 24 February 2005 concerning the introduction of some new functions for the Schengen Information System, including in the fight against terrorism (1), and in particular to Article 2(4) thereof,
Whereas:
(1)
Decision 2005/211/JHA specifies that the provisions of Article 1 of that Decision shall apply from a date fixed by the Council, as soon as the necessary preconditions have been fulfilled, and that the Council may decide to fix different dates for the application of different provisions. Those preconditions have been fulfilled in respect of Article 1(7) of Decision 2005/211/JHA, new Article 100(3)(f).
(2)
As regards Switzerland, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement signed between the European Union, the European Community and the Swiss Confederation concerning the association of the Swiss Confederation with the implementation, application and development of the Schengen acquis (2), which falls in the area referred to in Article 1(G) of Decision 1999/437/EC (3) read in conjunction with Article 4(1) of the Council Decisions 2004/849/EC (4) on the signing on behalf of the European Union and 2004/860/EC (5) on the signing on behalf of the European Community, and on the provisional application of certain provisions of that Agreement,
HAS DECIDED AS FOLLOWS:
Article 1
Article 1(7) of Decision 2005/211/JHA, new Article 100(3)(f), shall apply from 31 March 2006.
Article 2
This Decision shall take effect on the date of its adoption. It shall be published in the Official Journal of the European Union.
Done at Brussels, 9 March 2006. | [
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Commission Regulation (EC) No 357/2002
of 26 February 2002
on the issuing of import licences for sugar and mixtures of sugar and cocoa qualifying as ACP/OCT and EC/OCT originating products
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Decision 2001/822/EC of 27 November 2001 on the association of the overseas countries and territories with the European Community (Overseas Association Decision)(1),
Having regard to Commission Regulation (EC) No 192/2002 of 31 January 2002 laying down detailed rules for issuing import licences for sugar and sugar and cocoa mixtures with ACP/OCT or EC/OCT cumulation of origin(2), and in particular Article 6(3) thereof,
Whereas:
(1) Article 6(4) of Annex III to Decision 2002/822/EC allows ACP/EC-OCT cumulation of origin in the case of products falling within Chapter 17 and CN codes 1806 10 30 and 1806 10 90 up to an annual quantity of 28000 tonnes of sugar.
(2) Applications have been submitted to the national authorities in accordance with Regulation (EC) No 192/2002 for the issuing of import licences for a total quantity exceeding that allowed under Decision 2001/822/EC.
(3) Article 6(3) of Regulation (EC) No 192/2002 provides that, where licence applications cover an annual quantity in excess of 28000 tonnes, the Commission is to adopt a regulation fixing a single reducing coefficient to be applied to each application submitted and suspend the submission of further applications for the year in progress.
(4) The Commission must therefore fix the reducing coefficient for the issuing of import licences and suspend the submission of further licence applications for 2002,
HAS ADOPTED THIS REGULATION:
Article 1
Import licences covered by applications submitted by 14 February 2002 pursuant to Article 6 of Regulation (EC) No 192/2002 for 45000 tonnes shall be issued for 62,22222 % of the quantity applied for.
Article 2
The submission of further applications for 2002 is hereby suspended.
Article 3
This Regulation shall enter into force on 27 February 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 February 2002. | [
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Commission Regulation (EC) No 1208/2000
of 8 June 2000
amending Council Regulation (EC) No 1420/1999 establishing common rules and procedures to apply to shipments of certain types of waste from the European Community to Bulgaria and Nigeria, and Regulation (EC) No 1547/1999 concerning the control procedures to apply to shipments of certain types of waste to Bulgaria and Nigeria
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of shipments of waste within, into and out of the European Community(1), as last amended by Commission Decision 1999/816/EC(2), and in particular Article 17(3) thereof,
Whereas:
(1) On 29 November 1999, Nigeria made an official request to be allowed to import certain waste listed in Annex II to Regulation (EEC) No 259/93 under the control procedure applicable to wastes listed in Annex IV to Regulation (EEC) No 259/93 (i.e. the "red" procedure).
(2) On 9 December 1999, Bulgaria made an official request to be allowed to import certain waste listed in Annex II to Regulation (EEC) No 259/93 under the control procedure applicable to wastes listed in Annex III to Regulation (EEC) No 259/93 (i.e. the "amber" procedure).
(3) In accordance with Article 17(3) of Regulation (EEC) No 259/93 and Article 3 of Regulation (EC) No 1420/1999 of 29 April 1999 establishing common rules and procedures to apply to shipments to certain non-OECD countries of certain types of waste(3), the committee instituted by Article 18 of Council Directive 75/442/EEC of 15 July 1975 on waste(4), as last amended by Commission Decision 96/350/EC(5), was notified of the official requests of Nigeria and Bulgaria on respectively 30 November 1999 and 15 December 1999.
(4) In order to take account of Nigeria's new situation, it is necessary to amend at the same time Regulation (EC) No 1420/1999 and Commission Regulation (EC) No 1547/1999 of 12 July 1999 determining the control procedures under Council Regulation (EEC) No 259/93 to apply to shipments of certain types of waste to certain countries to which OECD Decision C(92)39 final does not apply(6), as last amended by Regulation (EC) No 354/2000(7).
(5) In order to take account of Bulgaria's new situation, it is necessary to amend at the same time Regulation (EC) No 1420/1999 and Regulation (EC) No 1547/1999,
HAS ADOPTED THIS REGULATION:
Article 1
Annex A to Regulation (EC) No 1420/1999 is amended as follows:
(1) In section GH ("Solid plastic wastes") of the text related to Bulgaria, the following text is inserted:
TABLE "
(2) The text related to Nigeria, is modified as follows:
"All types except:
1. In section GA ('Metal and metal-alloy wastes in metallic, non-dispersible form')
The following waste and scrap of non-ferrous meals and their alloys:
TABLE
2. All types in section GH ('Solid plastic wastes')
3. All types in section GI ('Paper, paperboard and paper product waste')
4. All types in section GJ ('Textile waste')."
Article 2
Annex A to Regulation (EC) No 1547/1999 is amended as follows:
(1) In section GH ("Solid plastic wastes") of the text related to Bulgaria, the following text is inserted:
TABLE "
(2) Annex B is amended and the text related to Nigeria is modified as follows:
"1. In section GA ('Metal and metal-alloy wastes in metallic, non-dispersible form')
The following waste and scrap of non-ferrous metals and their alloys:
TABLE
2. All types in section GH ('Solid plastic wastes')
3. All types in section GI ('Paper, paperboard and paper product waste')
4. All types in section GJ ('Textile waste')."
Article 3
This Regulation shall enter into force on the third 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 DECISION
of 11 July 2006
amending Appendix B to Annex IX to the 2003 Act of Accession as regards certain establishments in the meat sector in Lithuania
(notified under document number C(2006) 3115)
(Text with EEA relevance)
(2006/480/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 (1) 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 (2), 2004/473/EC (3), 2005/421/EC (4) and 2005/657/EC (5).
(3)
According to an official declaration from the Lithuanian competent authority certain establishments in the meat sector have completed their upgrading process and are now in full compliance with Community legislation. One establishment has ceased its activities. Those establishments should therefore be deleted from the list of establishments in transition.
(4)
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.
(5)
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.
Done at Brussels, 11 July 2006. | [
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COMMISSION REGULATION (EEC) No 1672/92 of 29 June 1992 amending Regulation (EEC) No 1106/90 on the communication of information for the purposes of the common organization of the market in fishery products
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3687/91 of 28 November 1991 on the common organization of the market in fishery products (1), and in particular Articles 11 (4), 17 (5) and 19 (6) thereof,
Whereas Commission Regulation (EEC) No 1106/90 (2), as amended by Regulation (EEC) No 1868/91 (3), lays down the list of representative wholesale markets and ports for the products listed in Annexes I (A), (D) and (E), II and III to Regulation (EEC) No 3687/91;
Whereas Community legislation applies in the Canary Islands since 1 July 1991;
Whereas, in order to apply the provisions of the common organization of the market in the fishery products sector in the region concerned, the relevant representative ports and markets must be laid down;
Whereas the list of representative ports for Norway lobster should also be amended;
Whereas Regulation (EEC) No 1160/90 must be amended accordingly;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fishery Products,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 1106/91 is amended as follows:
1. in Annex I, part I, point 2 (a) (Atlantic sardines), the word 'Arrecife' is added;
2. in Annex I, part III, under Norway lobster (tails), the word 'Skagen' is added;
3. in Annex I, part V, points 1 to 5 (cephalopods), the words 'Las Palmas' are added;
4. in Annex I, part VI (tunny), the word 'Arrecife' is added.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply from 1 July 1992. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 June 1992. | [
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COUNCIL DECISION
of 17 February 2005
appointing two German members and two German alternate members of the Committee of the Regions
(2005/157/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,
Having regard to the proposal from the German Government,
Whereas:
(1)
On 22 January 2002 the Council adopted Decision 2002/60/EC (1) appointing the members and alternate members of the Committee of the Regions.
(2)
Two seats as members of the Committee of the Regions have become vacant following the expiry of the mandates of Ms Barbara RICHSTEIN and Mr Manfred LENZ, notified to the Council on 12 January 2005, one seat as an alternate member of the Committee of the Regions has become vacant following the expiry of the mandate of Mr Wolfgang KLEIN, notified to the Council on 7 December 2004, and one seat as an alternate member of the Committee of the Regions has become vacant following the resignation of Mr Hans-Georg KLUGE, notified to the Council on 21 December 2004,
HAS DECIDED AS FOLLOWS:
Sole Article
The following are hereby appointed to the Committee of the Regions
(a)
as members:
Mr Gerd HARMS
Bevollmächtigter des Landes Brandenburg für Bundes- und Europaangelegenheiten,
Staatssekretär in der Staatskanzlei
in place of Ms Barbara RICHSTEIN
Ms Barbara RICHSTEIN
Abgeordnete des Landtages Brandenburg
in place of Mr Manfred LENZ
(b)
as alternate members:
Mr Markus KARP
Staatssekretär im Ministerium für Wissenschaft, Forschung und Kultur
in place of Mr Hans-Georg KLUGE
Mr Steffen REICHE
Mitglied des Landtages
in place of Mr Wolfgang KLEIN
for the remainder of their term of office, which runs until 25 January 2006.
Done at Brussels, 17 February 2005. | [
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Commission Regulation (EC) No 1780/2003
of 10 October 2003
amending Regulation (EC) No 2366/98 laying down detailed rules for the application of the system of production aid for olive oil for the 1998/99 to 2003/04 marketing years
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), as last amended by Regulation (EC) No 1513/2001(2), and in particular Article 2(4) thereof,
Whereas:
(1) Article 2(1) of Regulation (EC) No 1638/98 provides for the creation of a geographical information system (GIS) to improve knowledge of and checks on the production of olive oil at the level of the individual producer. Article 2a of Regulation (EC) No 1638/98 provides that, as from 1 November 2003, olive trees and corresponding areas, the presence of which is not attested by an olive cultivation GIS established in accordance with Article 2 of that Regulation, cannot constitute a basis for aid to be paid to olive producers under the common market organisation in oils and fats.
(2) Articles 23 to 26 of Commission Regulation (EC) No 2366/98(3), as last amended by Regulation (EC) No 2383/2002(4), lay down rules for the application of the olive cultivation GIS and the conditions under which it may be deemed to have been completed at regional or national level.
(3) More particularly, the third subparagraph of Article 26(3) of Regulation (EC) No 2366/98 provides for a procedure under which the Commission is to determine whether the olive cultivation GIS has been completed on the basis of a report from the Member State concerned. Given the fact that the creation of a GIS is to become a compulsory requirement for obtaining olive oil production aid, and in order to simplify administrative procedures to enable the GIS to be used rapidly and effectively, the requirement that that procedure be followed should be abolished.
(4) However, the Member States' obligation to inform the Commission of the measures taken to create the olive cultivation GIS and of its completion should be maintained.
(5) Article 26(3) of Regulation (EC) No 2366/98 should therefore be amended.
(6) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Oils and Fats,
HAS ADOPTED THIS REGULATION:
Article 1
Article 26(3) of Regulation (EC) No 2366/98 is hereby replaced by the following:
"3. The Member States shall inform the Commission of national measures taken under Articles 23 to 26 and of completion of the olive cultivation GIS at Member State level or, where applicable, regional level."
Article 2
This Regulation shall enter into force on the seventh 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 October 2003. | [
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COMMISSION REGULATION (EC) No 15/2007
of 10 January 2007
fixing the allocation coefficient to be applied to applications for import licences lodged from 1 to 8 January 2007 under the Community tariff quota for maize opened by Regulation (EC) No 969/2006
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),
Having regard to Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (2), and in particular Article 7(2) thereof,
Whereas:
(1)
Commission Regulation (EC) No 969/2006 (3) has opened an annual import tariff quota of 242 074 tonnes of maize (serial number 09.4131).
(2)
Article 2(1) of Regulation (EC) No 969/2006 fixes a quantity of 121 037 tonnes for subperiod 1 for the period from 1 January to 30 June 2007.
(3)
Based on the notification made under Article 4(3) of Regulation (EC) No 969/2006, the applications lodged from 1 to 8 January 2007 at 13.00 (Brussels time) in accordance with Article 4(1) of that Regulation, relate to quantities in excess of those available. The extent to which import licences may be issued should therefore be determined and the allocation coefficient laid down to be applied to the quantities applied for.
(4)
Import licences should no longer be issued under Regulation (EC) No 969/2006 for the current quota subperiod,
HAS ADOPTED THIS REGULATION:
Article 1
1. Each import licence application for maize under the quota referred to in Regulation (EC) No 969/2006 and lodged from 1 to 8 January 2007 at 13.00 (Brussels time) shall give rise to the issue of a licence for the quantities applied for, multiplied by an allocation coefficient of 0,960088 %.
2. The issue of licences for the quantities applied for from 13.00 (Brussels time) on 8 January 2007 is hereby suspended for the current quota subperiod.
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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COUNCIL DECISION
of 28 April 1987
concerning the conclusion of a Convention between the European Economic Community and the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Kingdom of Norway, the Kingdom of Sweden and the Swiss Confederation on the simplification of formalities in trade in goods
(87/267/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,
Having regard to the recommendation from the Commission,
Whereas the conclusion of a Convention with Austria, Finland, Iceland, Norway, Sweden and Switzerland with a view to introducing, in trade between the Community and those countries, as well as between those countries themselves, a single administrative document replacing the present declarations, must enable the formalities to be completed in such trade to be eased and simplified; whereas it is therefore appropriate to conclude such a Convention;
Whereas this Convention falls within the framework of follow-up action to the Joint Declaration made in Luxembourg on 9 April 1984 by the Ministers of the Member States of the Community, the European Free Trade Association (EFTA) and the Commission expressing their political will to extend cooperation between the Community and these countries, ‘with the aim of creating a dynamic European economic space of benefit to their countries’,
HAS DECIDED AS FOLLOWS:
Article 1
The Convention between the European Economic Community and the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Kingdom of Norway, the Kingdom of Sweden and the Swiss Confederation on the simplification of formalities in trade in goods is hereby approved on behalf of the Community.
The text of the Convention is attached to this Decision.
Article 2
The Community shall be represented in the Joint Committee provided for in Article 10 of the Convention by the Commission, assisted by representatives of the Member States.
Article 3
The President of the Council shall deposit the acts provided for in Article 17 of the Convention (1).
Done at Luxembourg, 28 April 1987. | [
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COMMISSION REGULATION (EU) No 1/2010
of 4 January 2010
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,
Whereas:
Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XV, Part A thereto,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.
Article 2
This Regulation shall enter into force on 5 January 2010.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COMMISSION REGULATION (EC) No 1081/2007
of 19 September 2007
on the issuing of import licences for applications lodged during the first seven days of September 2007 under the tariff quota opened by Regulation (EC) No 536/2007 for poultrymeat
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2777/75 of 29 October 1975 on the common organisation of the market in poultrymeat (1),
Having regard to Commission Regulation (EC) No 536/2007 of 15 May 2007 opening and providing for the administration of a tariff quota for poultrymeat allocated to the United States of America (2), and in particular Article 5(5) thereof,
Whereas:
(1)
Regulation (EC) No 536/2007 opened import tariff quotas for poultrymeat products.
(2)
The applications for import licences lodged during the first seven days of September 2007 for the subperiod 1 October to 31 December 2007 do not cover the total quantity available. The quantities for which applications have not been lodged should therefore be determined and these should be added to the quantity fixed for the following quota subperiod,
HAS ADOPTED THIS REGULATION:
Article 1
The quantities for which import licence applications under quota 09.4169 have not been lodged under Regulation (EC) No 536/2007, to be added to the subperiod 1 January to 31 March 2008, are 8 332 500 kg.
Article 2
This Regulation shall enter into force on 20 September 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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Commission Regulation (EC) No 2304/2003
of 29 December 2003
amending Regulation (EC) No 2808/98 laying down detailed rules for the application of the agrimonetary system for the euro in agriculture
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2799/98 of 15 December 1998 establishing agrimonetary arrangements for the euro(1), and in particular Article 9 thereof,
Whereas:
(1) Under Article 4(1) of Commission Regulation (EC) No 2808/98(2), the operative event for the exchange rate in the case of aid per hectare is the start of the marketing year in respect of which the aid is granted.
(2) Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) No 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001(3), includes aid for energy crops, which applies from 1 January 2004.
(3) This aid for energy crops is granted for the calendar year and not the marketing year. The operative event for the exchange rate for this aid should therefore be established.
(4) Regulation (EC) No 2808/98 should therefore be amended accordingly.
(5) The measures provided for in this Regulation are in accordance with the opinions of the Management Committees concerned,
HAS ADOPTED THIS REGULATION:
Article 1
The following second subparagraph is added to Article 4(1) of Regulation (EC) No 2808/98:"However, for the aid referred to in Chapter 5 of Title IV of Council Regulation (EC) No 1782/2003(4), the operative event for the exchange rate shall be 1 January of the year in which the aid is granted."
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
It shall apply from 1 January 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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Commission Regulation (EC) No 2230/2002
of 13 December 2002
on the issue of system B export licences in the fruit and vegetables sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 1961/2001 of 8 October 2001 on detailed rules for implementing Council Regulation (EC) No 2200/96 as regards export refunds on fruit and vegetables(1), as last amended by Regulation (EC) No 1176/2002(2), and in particular Article 6(6) thereof,
Whereas:
(1) Commission Regulation (EC) No 1886/2002(3) fixes the indicative quantities for system B export licences other than those sought in the context of food aid.
(2) In the light of the information available to the Commission today, there is a risk that the indicative quantities laid down for the current export period for lemons will shortly be exceeded. This overrun will prejudice the proper working of the export refund scheme in the fruit and vegetables sector.
(3) To avoid this situation, applications for system B licences for lemons after 13 December 2002 should be rejected until the end of the current export period,
HAS ADOPTED THIS REGULATION:
Article 1
Applications for system B export licences for lemons submitted pursuant to Article 1 of Regulation (EC) No 1886/2002, export declarations for which are accepted after 13 December 2002 and before 15 January 2003, are hereby rejected.
Article 2
This Regulation shall enter into force on 14 December 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COUNCIL REGULATION (EC) No 260/2009
of 26 February 2009
on the common rules for imports
(Codified version)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof,
Having regard to the instruments establishing the common organisation of agricultural markets and the instruments concerning processed agricultural products adopted in pursuance of Article 308 of the Treaty, in particular in so far as they provide for derogation from the general principle that quantitative restrictions or measures having equivalent effect may be replaced solely by the measures provided for in the said instruments,
Having regard to the proposal from the Commission,
Whereas:
(1)
Council Regulation (EC) No 3285/94 of 22 December 1994 on the common rules for imports and repealing Regulation (EC) No 518/94 (1) has been substantially amended several times (2). In the interests of clarity and rationality the said Regulation should be codified.
(2)
The common commercial policy should be based on uniform principles.
(3)
The Community has concluded the Agreement establishing the World Trade Organisation, hereinafter referred to as the ‘WTO’. Annex 1A to that Agreement contains inter alia the General Agreement on Tariffs and Trade 1994 (GATT 1994) and an Agreement on Safeguards.
(4)
The Agreement on Safeguards meets the need to clarify and reinforce the disciplines of GATT 1994, and specifically those of Article XIX. That Agreement requires the elimination of safeguard measures which escape those rules, such as voluntary export restraints, orderly marketing arrangements and any other similar import or export arrangements.
(5)
The Agreement on Safeguards also covers coal and steel products. The common rules for imports, especially as regards safeguard measures, therefore also apply to those products without prejudice to any possible measures to apply an agreement specifically concerning coal and steel products.
(6)
The textile products covered by Council Regulation (EC) No 517/94 of 7 March 1994 on common rules for imports of textile products from certain third countries not covered by bilateral agreements, protocols or other arrangements, or by other specific Community import rules (3) are subject to special treatment at Community and international level. They should therefore be excluded from the scope of this Regulation.
(7)
The Commission should be informed by the Member States of any danger created by trends in imports which might call for Community surveillance or the application of safeguard measures.
(8)
In such instances the Commission should examine the terms and conditions under which imports occur, the trend in imports, the various aspects of the economic and trade situations and, where appropriate, the measures to be applied.
(9)
If prior Community surveillance is applied, release for free circulation of the products concerned should be made subject to presentation of a surveillance document meeting uniform criteria. That document should, on simple application by the importer, be issued by the authorities of the Member States within a certain period but without the importer thereby acquiring any right to import. The surveillance document should therefore be valid only during such period as the import rules remain unchanged.
(10)
The Member States and the Commission should exchange the information resulting from Community surveillance as fully as possible.
(11)
It falls to the Commission and the Council to adopt the safeguard measures required by the interests of the Community. Those interests should be considered as a whole and should in particular encompass the interests of Community producers, users and consumers.
(12)
Safeguard measures against a member of the WTO may be considered only if the product in question is imported into the Community in such greatly increased quantities and on such terms or conditions as to cause, or threaten to cause, serious injury to Community producers of like or directly competing products, unless international obligations permit derogation from this rule.
(13)
The terms ‘serious injury’, ‘threat of serious injury’ and ‘Community producers’ should be defined and precise criteria for determining injury should be established.
(14)
An investigation should precede the application of any safeguard measure, subject to the reservation that the Commission be allowed in urgent cases to apply provisional measures.
(15)
There should be detailed provisions on the opening of investigations, the checks and inspections required, access by exporter countries and interested parties to the information gathered, hearings for the parties involved and the opportunities for those parties to submit their views.
(16)
The provisions on investigations introduced by this Regulation are without prejudice to Community or national rules concerning professional secrecy.
(17)
It is also necessary to set time limits for the initiation of investigations and for determinations as to whether or not measures are appropriate, with a view to ensuring that such determinations are made quickly, in order to increase legal certainty for the economic operators concerned.
(18)
In cases in which safeguard measures take the form of a quota the level of the latter should be set in principle no lower than the average level of imports over a representative period of at least three years.
(19)
In cases in which a quota is allocated among supplier countries each country’s quota may be determined by agreement with the countries themselves or by taking as a reference the level of imports over a representative period. Derogations from these rules should nevertheless be possible where there is serious injury and a disproportionate increase in imports, provided that due consultation under the auspices of the WTO Committee on Safeguards takes place.
(20)
The maximum duration of safeguard measures should be determined and specific provisions regarding extension, progressive liberalisation and reviews of such measures be laid down.
(21)
The circumstances in which products originating in a developing country which is a member of the WTO are to be exempt from safeguard measures should be established.
(22)
Surveillance or safeguard measures confined to one or more regions of the Community may prove more suitable than measures applying to the whole Community. However, such measures should be authorised only exceptionally and where no alternative exists. It is necessary to ensure that such measures are temporary and cause the minimum of disruption to the operation of the internal market.
(23)
In the interest of uniformity in rules for imports, the formalities to be carried out by importers should be simplified and made identical regardless of the place where the goods clear customs. It is therefore desirable to provide that any formalities should be carried out using forms corresponding to the specimen annexed to the Regulation.
(24)
Surveillance documents issued in connection with Community surveillance measures should be valid throughout the Community irrespective of the Member State of issue,
HAS ADOPTED THIS REGULATION:
CHAPTER I
General principles
Article 1
1. This Regulation applies to imports of products originating in third countries, except for:
(a)
textile products subject to specific import rules under Regulation (EC) No 517/94;
(b)
the products originating in certain third countries listed in Council Regulation (EC) No 519/94 of 7 March 1994 on common rules for imports from certain third countries (4).
2. The products referred to in paragraph 1 shall be freely imported into the Community and accordingly, without prejudice to the safeguard measures which may be taken under Chapter V, shall not be subject to any quantitative restrictions.
CHAPTER II
Community information and consultation procedure
Article 2
Member States shall inform the Commission if trends in imports appear to call for surveillance or safeguard measures. This information shall contain the evidence available, as determined on the basis of the criteria laid down in Article 10. The Commission shall immediately pass this information on to all the Member States.
Article 3
1. Consultations may be held either at the request of a Member State or on the initiative of the Commission.
2. Consultations shall take place within eight working days of the Commission receiving the information provided for in Article 2 and, in any event, before the introduction of any Community surveillance or safeguard measure.
Article 4
1. Consultations shall take place within an Advisory Committee, hereinafter called ‘the Committee’, made up of representatives of each Member State with a representative of the Commission as chairman.
2. The Committee shall meet when convened by its chairman. He shall provide the Member States with all relevant information as promptly as possible.
3. Consultations shall cover in particular:
(a)
terms and conditions of import, import trends and the various aspects of the economic and commercial situation with regard to the product in question;
(b)
the measures, if any, to be taken.
4. Consultations may be conducted in writing if necessary. The Commission shall in this event inform the Member States, which may express their opinion or request oral consultations within a period of five to eight working days, to be decided by the Commission.
CHAPTER III
Community investigation procedure
Article 5
1. Without prejudice to Article 8, the Community investigation procedure shall be implemented before any safeguard measure is applied.
2. Using as a basis the factors referred to in Article 10, the investigation shall seek to determine whether imports of the product in question are causing or threatening to cause serious injury to the Community producers concerned.
3. The following definitions shall apply:
(a)
‘serious injury’ means a significant overall impairment in the position of Community producers;
(b)
‘threat of serious injury’ means serious injury that is clearly imminent;
(c)
‘Community producers’ means the producers as a whole of the like or directly competing products operating within the territory of the Community, or those whose collective output of the like or directly competing products constitutes a major proportion of the total Community production of those products.
Article 6
1. Where, after the consultations referred to in Articles 3 and 4, it is apparent to the Commission that there is sufficient evidence to justify the initiation of an investigation, the Commission shall initiate an investigation within one month of receipt of information from a Member State and publish a notice in the Official Journal of the European Union. This notice shall:
(a)
give a summary of the information received, and require that all relevant information is to be communicated to the Commission;
(b)
state the period within which interested parties may make known their views in writing and submit information, if such views and information are to be taken into account during the investigation;
(c)
state the period within which interested parties may apply to be heard orally by the Commission in accordance with paragraph 4.
The Commission shall commence the investigation, acting in cooperation with the Member States.
2. The Commission shall seek all information it deems to be necessary and, where it considers it appropriate, after consulting the Committee, endeavour to check this information with importers, traders, agents, producers, trade associations and organisations.
The Commission shall be assisted in this task by staff of the Member State on whose territory these checks are being carried out, provided that Member State so wishes.
3. The Member States shall supply the Commission, at its request and following procedures laid down by it, with the information at their disposal on developments in the market of the product being investigated.
4. Interested parties which have come forward pursuant to the first subparagraph of paragraph 1 and representatives of the exporting country may, upon written request, inspect all information made available to the Commission in connection with the investigation other than internal documents prepared by the authorities of the Community or its Member States, provided that that information is relevant to the presentation of their case and not confidential within the meaning of Article 9 and that it is used by the Commission in the investigation.
Interested parties which have come forward may communicate their views on the information in question to the Commission. Those views may be taken into consideration where they are backed by sufficient evidence.
5. The Commission may hear the interested parties. Such parties must be heard where they have made a written application within the period laid down in the notice published in the Official Journal of the European Union, showing that they are actually likely to be affected by the outcome of the investigation and that there are special reasons for them to be heard orally.
6. When information is not supplied within the time limits set by this Regulation or by the Commission pursuant to this Regulation, or the investigation is significantly impeded, findings may be made on the basis of the facts available. Where the Commission finds that any interested party or third party has supplied it with false or misleading information, it shall disregard the information and may make use of facts available.
7. Where it appears to the Commission, after the consultations referred to in Articles 3 and 4, that there is insufficient evidence to justify an investigation, it shall inform the Member States of its decision within one month of receipt of the information from the Member States.
Article 7
1. At the end of the investigation, the Commission shall submit a report on the results to the Committee.
2. Where the Commission considers, within nine months of the initiation of the investigation, that no Community surveillance or safeguard measures are necessary, the investigation shall be terminated within a month, the Committee having first been consulted.
The decision to terminate the investigation, stating the main conclusions of the investigation and a summary of the reasons therefore, shall be published in the Official Journal of the European Union.
3. If the Commission considers that Community surveillance or safeguard measures are necessary, it shall take the necessary decisions in accordance with Chapters IV and V, no later than nine months from the initiation of the investigation. In exceptional circumstances, this time limit may be extended by a further maximum period of two months; the Commission shall then publish a notice in the Official Journal of the European Union setting forth the duration of the extension and a summary of the reasons therefore.
Article 8
1. The provisions of this Chapter shall not preclude the use, at any time, of surveillance measures in accordance with Articles 11 to 15 or provisional safeguard measures in accordance with Articles 16, 17 and 18.
Provisional safeguard measures shall be applied:
(a)
in critical circumstances where delay would cause damage which would be difficult to repair, making immediate action necessary; and
(b)
where a preliminary determination provides clear evidence that increased imports have caused or are threatening to cause serious injury.
The duration of such measures shall not exceed 200 days.
2. Provisional safeguard measures shall take the form of an increase in the existing level of customs duty, whether the latter is zero or higher, if such action is likely to prevent or repair the serious injury.
3. The Commission shall immediately conduct whatever investigation measures are still necessary.
4. Should the provisional safeguard measures be repealed because no serious injury or threat of serious injury exists, the customs duties collected as a result of the provisional measures shall be automatically refunded as soon as possible. The procedure laid down in Article 235 et seq. of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (5) shall apply.
Article 9
1. Information received pursuant to this Regulation shall be used only for the purpose for which it was requested.
2. Neither the Council, nor the Commission, nor the Member States, nor the officials of any of these shall reveal any information of a confidential nature received pursuant to this Regulation, or any information provided on a confidential basis without specific permission from the supplier of such information.
3. Each request for confidentiality shall state the reasons why the information is confidential.
However, if it appears that a request for confidentiality is unjustified and if the supplier of the information wishes neither to make it public nor to authorise its disclosure in general terms or in the form of a summary, the information concerned may be disregarded.
4. Information shall in any case be considered to be confidential if its disclosure is likely to have a significantly adverse effect upon the supplier or the source of such information.
5. Paragraphs 1 to 4 shall not preclude reference by the Community authorities to general information and in particular to reasons on which decisions taken pursuant to this Regulation are based. Those authorities shall, however, take into account the legitimate interest of legal and natural persons concerned that their business secrets should not be divulged.
Article 10
1. Examination of the trend in imports, of the conditions in which they take place and of serious injury or threat of serious injury to Community producers resulting from such imports shall cover in particular the following factors:
(a)
the volume of imports, in particular where there has been a significant increase, either in absolute terms or relative to production or consumption in the Community;
(b)
the price of imports, in particular where there has been a significant price undercutting as compared with the price of a like product in the Community;
(c)
the consequent impact on Community producers as indicated by trends in certain economic factors such as:
-
production,
-
capacity utilisation,
-
stocks,
-
sales,
-
market share,
-
prices (i.e. depression of prices or prevention of price increases which would normally have occurred),
-
profits,
-
return on capital employed,
-
cash flow,
-
employment;
(d)
factors other than trends in imports which are causing or may have caused injury to the Community producers concerned.
2. Where a threat of serious injury is alleged, the Commission shall also examine whether it is clearly foreseeable that a particular situation is likely to develop into actual injury.
In this regard account may be taken of factors such as:
(a)
the rate of increase of the exports to the Community;
(b)
export capacity in the country of origin or export, as it stands or is likely to be in the foreseeable future, and the likelihood that that capacity will be used to export to the Community.
CHAPTER IV
Surveillance
Article 11
1. Where the trend in imports of a product originating in a third country covered by this Regulation threatens to cause injury to Community producers, and where the interests of the Community so require, import of that product may be subject, as appropriate, to:
(a)
retrospective Community surveillance carried out in accordance with the provisions laid down in the decision referred to in paragraph 2;
(b)
prior Community surveillance carried out in accordance with Article 12.
2. The decision to impose surveillance shall be taken by the Commission according to the procedure laid down in the second subparagraph of Article 16(6) and Article 16(7).
3. The surveillance measures shall have a limited period of validity. Unless otherwise provided, they shall cease to be valid at the end of the second six-month period following the six months in which the measures were introduced.
Article 12
1. Products under prior Community surveillance may be put into free circulation only on production of a surveillance document. Such document shall be issued by the competent authority designated by Member States, free of charge, for any quantity requested and within a maximum of five working days of receipt by the national competent authority of an application by any Community importer, regardless of his place of business in the Community. This application shall be deemed to have been received by the national competent authority no later than three working days after submission, unless it is proved otherwise.
2. The surveillance document shall be made out on a form corresponding to the model in Annex I.
Except where the decision to impose surveillance provides otherwise, the importer’s application for surveillance documents shall contain only the following:
(a)
the full name and address of the applicant (including telephone and fax numbers and any number identifying the applicant to the competent national authority), plus the applicant’s VAT registration number if he is liable for VAT;
(b)
where appropriate, the full name and address of the declarant or of any representative appointed by the applicant (including telephone and fax numbers);
(c)
a description of the goods giving:
-
their trade name,
-
their combined nomenclature code,
-
their place of origin and place of consignment;
(d)
the quantity declared, in kilograms and, where appropriate, any other additional unit (pairs, items, etc.);
(e)
the value of the goods, cif at Community frontier, in euro;
(f)
the following statement, dated and signed by the applicant, with the applicant’s name spelt out in capital letters:
‘I, the undersigned, certify that the information provided in this application is true and given in good faith, and that I am established in the Community.’
3. The surveillance document shall be valid throughout the Community, regardless of the Member State of issue.
4. A finding that the unit price at which the transaction is effected exceeds that indicated in the surveillance document by less than 5 % or that the total value or quantity of the products presented for import exceeds the value or quantity given in the surveillance document by less than 5 % shall not preclude the release for free circulation of the product in question. The Commission, having heard the opinions expressed in the Committee and taking account of the nature of the products and other special features of the transactions concerned, may fix a different percentage, which, however, should not normally exceed 10 %.
5. Surveillance documents may be used only for such time as arrangements for liberalisation of imports remain in force in respect of the transactions concerned. Such surveillance documents may not in any event be used beyond the expiry of a period which shall be laid down at the same time and by means of the same procedure as the imposition of surveillance, and shall take account of the nature of the products and other special features of the transactions.
6. Where the decision taken pursuant to Article 11 so requires, the origin of products under Community surveillance must be proved by a certificate of origin. This paragraph shall not affect other provisions concerning the production of any such certificate.
7. Where the product under prior Community surveillance is subject to regional safeguard measures in a Member State, the import authorisation granted by that Member State may replace the surveillance document.
8. Surveillance document forms and extracts thereof shall be drawn up in duplicate, one copy, marked ‘Holder’s copy’ and bearing the number 1, to be issued to the applicant, and the other, marked ‘Copy for the competent authority’ and bearing the number 2, to be kept by the authority issuing the document. For administrative purposes the competent authority may add supplementary copies to form 2.
9. Forms shall be printed on white paper free of mechanical pulp, dressed for writing and weighing between 55 g and 65 g per square metre. Their size shall be 210 mm × 297 mm; the type space between the lines shall be 4,24 mm (one sixth of an inch); the layout of the forms shall be followed precisely. Both sides of copy No 1, which is the surveillance document itself, shall in addition have a yellow printed guilloche pattern background so as to reveal any falsification by mechanical or chemical means.
10. Member States shall be responsible for having the forms printed. The forms may also be printed by printers appointed by the Member State in which they are established. In the latter case, reference to the appointment by the Member State must appear on each form. Each form shall bear an indication of the printer’s name and address or a mark enabling the printer to be identified.
Article 13
Where import of a product has not been made subject to prior Community surveillance within eight working days of the end of the consultations referred to in Articles 3 and 4, the Commission, in accordance with Article 18, may introduce surveillance confined to imports into one or more regions of the Community.
Article 14
1. Products under regional surveillance may be put into free circulation in the region concerned only on production of a surveillance document. Such document shall be issued by the competent authority designated by the Member State(s) concerned, free of charge, for any quantity requested and within a maximum of five working days of receipt by the national competent authority of an application by any Community importer, regardless of his place of business in the Community. This application shall be deemed to have been received by the national competent authority no later than three working days after submission, unless it is proved otherwise. Surveillance documents may be used only for such time as arrangements for imports remain liberalised in respect of the transactions concerned.
2. Article 12(2) shall apply.
Article 15
1. Member States shall communicate to the Commission within the first 10 days of each month in the case of Community or regional surveillance:
(a)
in the case of prior surveillance, details of the sums of money (calculated on the basis of cif prices) and quantities of goods in respect of which surveillance documents were issued during the preceding period;
(b)
in every case, details of imports during the period preceding the period referred to in point (a).
The information supplied by Member States shall be broken down by product and by country.
Different provisions may be laid down at the same time and by the same procedure as the surveillance arrangements.
2. Where the nature of the products or special circumstances so require, the Commission may, at the request of a Member State or on its own initiative, amend the timetables for submitting this information.
3. The Commission shall inform the Member States accordingly.
CHAPTER V
Safeguard measures
Article 16
1. Where a product is imported into the Community in such greatly increased quantities and/or on such terms or conditions as to cause, or threaten to cause, serious injury to Community producers, the Commission, in order to safeguard the interests of the Community, may, acting at the request of a Member State or on its own initiative:
(a)
limit the period of validity of surveillance documents within the meaning of Article 12 to be issued after the entry into force of this measure;
(b)
alter the import rules for the product in question by making its release for free circulation conditional on production of an import authorisation, the granting of which shall be governed by such provisions and subject to such limits as the Commission shall lay down.
The measures referred to in (a) and (b) shall take effect immediately.
2. As regards members of the WTO, the measures referred to in paragraph 1 shall be taken only when the two conditions indicated in the first subparagraph of that paragraph are met.
3. If establishing a quota, account shall be taken in particular of:
(a)
the desirability of maintaining, as far as possible, traditional trade flows;
(b)
the volume of goods exported under contracts concluded on normal terms and conditions before the entry into force of a safeguard measure within the meaning of this Chapter, where such contracts have been notified to the Commission by the Member State concerned;
(c)
the need to avoid jeopardising achievement of the aim pursued in establishing the quota.
Any quota shall not be set lower than the average level of imports over the last three representative years for which statistics are available unless a different level is necessary to prevent or remedy serious injury.
4. In cases in which a quota is allocated among supplier countries, allocation may be agreed with those of them having a substantial interest in supplying the product concerned for import into the Community.
Failing this, the quota shall be allocated among the supplier countries in proportion to their share of imports into the Community of the product concerned during a previous representative period, due account being taken of any specific factors which may have affected or may be affecting the trade in the product.
Provided that its obligation to see that consultations are conducted under the auspices of the WTO Committee on Safeguards is not disregarded, the Community may nevertheless depart from this method of allocation in the case of serious injury if imports originating in one or more supplier countries have increased in disproportionate percentage in relation to the total increase of imports of the product concerned over a previous representative period.
5. The measures referred to in this Article shall apply to every product which is put into free circulation after their entry into force. In accordance with Article 18 they may be confined to one or more regions of the Community.
However, such measures shall not prevent the release for free circulation of products already on their way to the Community provided that the destination of such products cannot be changed and that those products which, pursuant to Articles 11 and 12, may be put into free circulation only on production of a surveillance document are in fact accompanied by such a document.
6. Where intervention by the Commission has been requested by a Member State, the Commission shall take a decision within a maximum of five working days of receipt of such a request.
Any decision taken by the Commission pursuant to this Article shall be communicated to the Council and to the Member States. Any Member State may, within one month following the day of such communication, refer the decision to the Council.
7. If a Member State refers the Commission’s decision to the Council, the Council, acting by a qualified majority, may confirm, amend or revoke that decision.
If, within three months of the referral of the matter to the Council, the Council has not taken a decision, the decision taken by the Commission shall be deemed revoked.
Article 17
Where the interests of the Community so require, the Council, acting by a qualified majority on a proposal from the Commission drawn up in accordance with the terms of Chapter III, may adopt appropriate measures to prevent a product being imported into the Community in such greatly increased quantities and/or on such terms or conditions as to cause, or threaten to cause, serious injury to Community producers of like or directly competing products.
Article 16(2) to (5) shall apply.
Article 18
Where it emerges, primarily on the basis of the factors referred to in Article 10, that the conditions laid down for the adoption of measures pursuant to Articles 11 and 16 are met in one or more regions of the Community, the Commission, after having examined alternative solutions, may exceptionally authorise the application of surveillance or safeguard measures limited to the region(s) concerned if it considers that such measures applied at that level are more appropriate than measures applied throughout the Community.
These measures must be temporary and must disrupt the operation of the internal market as little as possible.
The measures shall be adopted in accordance with the provisions laid down in Articles 11 and 16.
Article 19
No safeguard measure may be applied to a product originating in a developing country member of the WTO as long as that country’s share of Community imports of the product concerned does not exceed 3 %, provided that developing country members of the WTO with less than a 3 % import share collectively account for not more than 9 % of total Community imports of the product concerned.
Article 20
1. The duration of safeguard measures must be limited to the period of time necessary to prevent or remedy serious injury and to facilitate adjustment on the part of Community producers. The period must not exceed four years, including the duration of any provisional measure.
2. Such initial period may be extended, except in the case of the measures referred to in the third subparagraph of Article 16(4) provided it is determined that:
(a)
the safeguard measure continues to be necessary to prevent or remedy serious injury;
(b)
there is evidence that Community producers are adjusting.
3. Extensions shall be adopted in accordance with the terms of Chapter III and using the same procedures as the initial measures. A measure so extended shall not be more restrictive than it was at the end of the initial period.
4. If the duration of the measure exceeds one year, the measure must be progressively liberalised at regular intervals during the period of application, including the period of extension.
5. The total period of application of a safeguard measure, including the period of application of any provisional measures, the initial period of application and any prorogation thereof, may not exceed eight years.
Article 21
1. While any surveillance or safeguard measure applied in accordance with Chapters IV and V is in operation, consultations shall be held within the Committee, either at the request of a Member State or on the initiative of the Commission. If the duration of a safeguard measure exceeds three years, the Commission shall seek such consultations no later than the mid-point of the period of application of that measure. The purpose of such consultations shall be:
(a)
to examine the effects of the measure;
(b)
to determine whether and in what manner it is appropriate to accelerate the pace of liberalisation;
(c)
to ascertain whether application of the measure is still necessary.
2. Where, as a result of the consultations referred to in paragraph 1, the Commission considers that any surveillance or safeguard measure referred to in Articles 11, 13, 16, 17 and 18 should be revoked or amended, it shall proceed as follows:
(a)
where the measure was enacted by the Council, the Commission shall propose to the Council that it be revoked or amended. The Council shall act by a qualified majority;
(b)
in all other cases, the Commission shall amend or revoke Community safeguard and surveillance measures.
Where the decision relates to regional surveillance measures, it shall apply from the sixth day following its publication in the Official Journal of the European Union.
Article 22
1. Where imports of a product have already been subject to a safeguard measure, no further measure shall be applied to that product until a period equal to the duration of the previous measure has elapsed. Such period shall not be less than two years.
2. Notwithstanding paragraph 1, a safeguard measure of 180 days or less may be re-imposed for a product if:
(a)
at least one year has elapsed since the date of introduction of a safeguard measure on the import of that product; and
(b)
such a safeguard measure has not been applied to the same product more than twice in the five-year period immediately preceding the date of introduction of the measure.
CHAPTER VI
Final provisions
Article 23
Where the interests of the Community so require, the Council, acting by a qualified majority on a proposal from the Commission, may adopt appropriate measures to allow the rights and obligations of the Community or of all its Member States, in particular those relating to trade in commodities, to be exercised and fulfilled at international level.
Article 24
1. This Regulation shall not preclude the fulfilment of obligations arising from special rules contained in agreements concluded between the Community and third countries.
2. Without prejudice to other Community provisions, this Regulation shall not preclude the adoption or application by Member States:
(a)
of prohibitions, quantitative restrictions or surveillance measures on grounds of public morality, public policy or public security; the protection of health and life of humans, animals or plants, the protection of national treasures possessing artistic, historic or archaeological value, or the protection of industrial and commercial property;
(b)
of special formalities concerning foreign exchange;
(c)
of formalities introduced pursuant to international agreements in accordance with the Treaty.
The Member States shall inform the Commission of the measures or formalities they intend to introduce or amend in accordance with the first subparagraph.
In the event of extreme urgency, the national measures or formalities in question shall be communicated to the Commission immediately upon their adoption.
Article 25
1. This Regulation shall be without prejudice to the operation of the instruments establishing the common organisation of agricultural markets or of Community or national administrative provisions derived therefrom or of the specific instruments applicable to goods resulting from the processing of agricultural products. It shall operate by way of complement to those instruments.
2. In the case of products covered by the instruments referred to in paragraph 1, Articles 11 to 15 and Article 22 shall not apply to those in respect of which the Community rules on trade with third countries require the production of a licence or other import document.
Articles 16, 18 and 21 to 24 shall not apply to those products in respect of which such rules provide for the application of quantitative import restrictions.
Article 26
Regulation (EC) No 3285/94, as amended by the acts listed in Annex II, is repealed.
References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex III.
Article 27
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COMMISSION REGULATION (EEC) No 1994/92 of 14 July 1992 imposing a provisional anti-dumping duty on imports into the Community of outer rings of tapered roller bearings originating in Japan
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), and in particular Article 7 thereof,
After consultations within the Advisory Committee as provided for under the above Regulation,
Whereas:
A. PROCEDURE
(1) In September 1990, the Commission received a written complaint lodged by the Federation of European Bearing Manufacturers' Associations (Febma). The output of the members of this Federation allegedly represented a major proportion of the Community production of the product in question.
(2) The complaint contained evidence of dumping of outer rings of tapered roller bearings originating in Japan and of material injury resulting therefrom. This evidence was considered sufficient to justify the initiation of a proceeding.
(3) The Commission accordingly announced by means of a notice published in the Official Journal of the European Communities (2) the initiation of an anti-dumping proceeding concerning outer rings of tapered roller bearings originating in Japan, falling within combined nomenclature (CN) code ex 8482 99 00 and commenced an investigation.
(4) The Commission officially advised all Community producers, importers and Japanese manufacturers known to be concerned, the representatives of the exporting country, and the complainants. All parties directly concerned were given the opportunity to make their views known in writing and to request a hearing.
(5) The Commission sought and verified all information it deemed to be necessary for the purposes of a preliminary determination and carried out investigations at the premises of the following:
(a) Community producers/related sales companies:
- France:
- SKF France SA, Clamart,
- Timken France, Colmar;
- Germany:
- FAG Kugelfischer Georg Schaefer KGaA, Schweinfurt,
- SKF GmbH, Schweinfurt;
- United Kingdom:
- British Timken, Duston,
- SKF (UK) Ltd, Luton;
(b) producers in Japan:
- Koyo Seiko Co. Ltd, Osaka,
- NTN Corporation, Osaka;
(c) related importers in the Community:
- France:
- Koyo France SA, Argenteuil,
- NTN France SA, Schweighouse-sur-Moder;
- Germany:
- Deutsche Koyo Waelzlager Verkaufs GmbH, Hamburg,
- NTN Waelzlager (Europa) GmbH, Erkrath;
- United Kingdom:
- Koyo (UK) Ltd, Milton Keynes,
- NTN (UK) Ltd, Lichfield.
(6) The investigation concerning dumping covered the period 1 January to 31 December 1990 (the 'investigation period').
B. PRODUCT UNDER CONSIDERATION LIKE PRODUCT
(7) The products concerned in this proceeding are the outer rings of tapered roller bearings. In the bearing industry they are commonly called 'TRB cups' and are hereinafter referred to in this Regulation as such.
(8) TRB cups on their own have no function, but are one of the components which comprise complete tapered roller bearings, (i.e. together with inner rings, rollers and roller retainers).
(9) TRB cups sold on the Japanese market are alike in all respects to the products exported to the Community and which are the subject of this proceeding. In addition, TRB cups produced by the Community manufacturers are alike to the products under consideration.
C. DUMPING
1. General
(10) In view of the many different TRB cup models which exist, all dumping calculations were based on the top selling models to the Community of both the Japanese companies concerned. These models represented at least 80 % of the total number of pieces exported by these companies to the Community. In monetary terms, they constitute more than 75 % of each company's exports of TRB cups.
(11) Customers for TRB cups in Japan and the Community fall into two distinct categories (and sales channels), namely industrial manufacturers who incorporate TRB cups into their own products and distributors who supply TRB cups for replacement purposes.
(12) During the investigation it was found that domestic sales by the Japanese producers were almost exclusively made to industrial manufacturers. Accordingly, the Commission's calculations concerning dumping concern only these sales.
2. Normal value
(13) Normal value was established on the basis of the weighted average net domestic sales price (i.e. net of all rebates, discounts, sales taxes, etc.) to the first independent customer in Japan for each type of TRB cup taken into consideration if:
- the weighted average net domestic sales price for that type (loss making transactions accounting for a small proportion of all transactions) exceeded the cost of production including selling, general and other administrative expenses (SGA), and
- the volume of domestic sales was equivalent to at least 5 % of the export volume to the Community of the type in question.
(14) When the domestic sales of a particular type were less than 5 % of the quantity exported to the Community, a model alleged to be comparable to the model exported was examined. It was found, however, that although the models put forward by the manufacturers as comparable were always technically similar in terms of dimensions and tolerances etc., they were not always made of the same quality materials, nor was the finish the same. In view of these differences, which were reflected in the large variations in price often found between such models, the Commission considered that such models could not be regarded as sufficiently comparable for appropriate adjustments for differences in physical characteristics to be made.
(15) In such cases the cost of production of the exported model plus SGA together with the profit realized by the manufacturer on its profitable sales of the like product on the domestic market, which were considered representative on an overall basis, has been taken as the basis for calculating normal value in accordance with Article 2 (3) (b) (ii) of Regulation (EEC) No 2423/88.
(16) Normal value was similarly constructed where the exported model concerned had a domestic weighted net sales price below its cost of production plus SGA. In such a case, the cost of production plus SGA plus the profit realized by the manufacturer on its profitable sales of the like product on the domestic market has been taken as the basis for calculating normal value in accordance with Article 2 (3) (b) (ii) of Regulation (EEC) No 2423/88.
3. Export price
(17) For sales made by the Japanese producers to their subsidiaries in the Community, export prices of the TRB cup models taken into consideration were constructed on a transaction-by-transaction basis using resale prices to the first independent buyer in France, Germany or the United Kingdom, adjusted to take account of all costs incurred between importation and resale, together with a reasonable profit on the turnover of the subsidiary. In this case, based on the Commission's estimate of the profitability of the trade sector concerned, a profit margin of 6 % was considered reasonable.
(18) It was considered appropriate to base the calculation of export prices only on sales to independent industrial manufacturing customers in France, Germany or the United Kingdom, as together these three markets accounted for approximately 90 % of all Japanese resales in the Community.
(19) Export sales made directly to independent customers in the Community were found to be negligible when compared to the overall export volume of the companies concerned and consequently were not taken into consideration.
4. Comparison
(20) Comparison of export prices and normal value was made only for identical TRB cup models, i.e. those whose specification and precision level was the same.
(21) Adjustments to take account of directly related selling expenses on the Japanese domestic market were also made. However, no allowance was given if such expenses could not satisfactorily be shown to relate directly to the sales in question.
(22) As far as the differences, if any, between the physical characteristics of TRB cups sold in Japan and those sold to the Community are concerned, the Commission considered that such differences had no effect for the purpose of price comparison.
(23) On a transaction-by-transaction basis at ex-factory level, export prices for each TRB cup model were compared to the normal value for that model.
5. Dumping margins
(24) The dumping margin for both Japanese companies was calculated as being the total amount by which normal values exceeded export values for all the types selected.
(25) As a percentage of the total cif export value of all types taken into consideration, the margins of dumping established are as follows:
- Koyo Seiko Co. Ltd 12,4 %,
- NTN Corporation 6,0 %.
(26) For those producers that neither replied to the Commission's questionnaire nor otherwise made themselves known, the dumping margin for these companies was determined on the basis of the facts available in accordance with Article 7 (7) (b) of Regulation (EEC) No 2423/88. Given that the cooperating companies comprise substantially all exports of TRB cups to the Community, it is considered appropriate to base the dumping margin for these other companies on the higher of the dumping margins found, i.e.: 12,4 %.
D. INJURY
1. General remarks
(27) As the combined nomenclature heading under which TRB cups are classified covers more than just these products, accurate officially compiled statistics are not available. The Commission's injury investigation data are therefore, by necessity, based on data provided by the cooperating Community producers and Japanese manufacturers.
(28) In addition, as only two Japanese manufacturers are concerned, for reasons of confidentiality it has been necessary to use indices in some of the data given in this Regulation.
(29) The companies lodging the complaint account for approximately 80 % of the total Community output of TRB cups.
(30) For the purpose of this section of the Regulation, it should also be noted that most of the data relates to the French, German and United Kingdom markets as together they account for the majority of Community sales of TRB cups manufactured in the Community and also those resold by the Japanese manufacturers in the Community. The information concerning estimated market volume, however, refers to all Community markets.
2. Volume of Community market and market share of dumped imports
(31) As regards market volume, estimated consumption of TRB cups in the Community dropped by 11,5 % between 1988 and the investigation period.
(32) Estimated dumped imports of TRB cups of Japanese origin rose significantly, however, by 24 % between 1988 and the investigation period. This development represents an increase in the market share held by such imports from 11,2 % in 1988 to 14,3 % during the investigation period.
3. Price undercutting
(33) With regard to price undercutting, it was found that during the investigation period, dumped cups imported from Japan and resold on the Community market on average undercut the prices of the Community producers' models at the same level of trade by the following percentages:
- Koyo Seiko Co. Ltd 9,4 %,
- NTN Corporation 6,1 %.
4. Situation of the Community industry
(a) Production, capacity, utilization rate and stocks
(34) When analysing the relevant economic factors, the Commission found that the performance of the Community producers had been variable. Overall figures for the Community industry are, however, given below.
(35) Production volume of the Community producers was as follows:
1988 Index = 100 1989 114 1990 109.
(36) The production capacity of the Community producers was as follows:
1988 Index = 100 1989 109 1990 120.
(37) Capacity utilization dropped as follows:
1988 94,9 % 1989 96,2 % 1990 89,1 %.
(38) Community producers' stocks of TRB cups increased by approximately 13 % between 1988 and the reference period.
(b) Sales, market share and profits
(39) The Community producers' sales (pieces) of TRB cups on the French, German and United Kingdom markets declined as follows:
1988 Index = 100 1989 96 1990 85.
(40) With regard to the values of such sales, these also dropped:
1988 Index = 100 1989 103 1990 95.
(41) The market share of the Community producers also declined between 1988 and the investigation period:
1988 88,8 % 1989 87,4 % 1990 85,7 %.
(42) The Commission has calculated that TRB cups sold in France, Germany and the United Kingdom facing direct competition from dumped models in the sample were making a loss of 14,2 % during the investigation period. When looking however at the profitability of all types of the like product sold by Community producers in the same markets, the loss is 2,3 %. Thus, the level of loss sustained by the Community industry can be seen to be a result of the level of exposure of its products to dumped competition.
5. Conclusion
(43) Given these poor financial results and in view of the decline in sales and market share of the Community producers, the Commission considers that the Community industry has suffered material injury.
E. CAUSATION OF INJURY
1. Effects of dumped imports
(44) As there are no perceptible quality differences between the goods under investigation produced in either the Community or Japan the competition between Community producers and Japanese manufacturers is based mainly on prices.
Information provided to the Commission concerning major industrial customers shows that these companies keep their supply options open and buy from a cross-section of both Community and Japanese sources. In this transparent market situation the prices of the dumped Japanese products have had a price suppressing effect.
(45) The undercutting established in this investigation and the particular exposure of certain Community produced models to the dumped imports has had a detrimental effect on this sector of the Community bearing industry. It should, however, also be noted that in certain other areas of bearing production where Japanese companies are not alleged to be dumping (i.e. cylindrical, spherical, needle bearings, etc.), Community manufacturers producing these type of products are trading more profitably.
(46) As has already been mentioned, the loss made by the Community producers on their sales of TRB cups which are identical in type to the dumped Japanese types is significantly greater than the loss made overall.
2. Other possible causes of injury
(47) With regard to the effects of TRB cups originating in other third countries, from information supplied to the Commission it appeared that such imports were in small quantities and mainly from companies related to the Community producers (e.g. parent companies or subsidiary companies). The Commission therefore considers that imports from third countries other than Japan have had little or no effect on the lack of profitability of the Community producers.
(48) While the drop in consumption may have had some negative effect on the Community producers, this does not explain the higher levels of loss incurred on sales of TRB cups facing competition from dumped imports nor the increased market share of the Japanese producers.
(49) After taking account of the above factors, the Commission concludes that the injury sustained by the Community industry, taken in isolation from all other factors, is material and that a causal link has been established between the injury suffered and the dumped imports from Japan.
F. COMMUNITY INTEREST
(50) In general, it is in the Community interest for there to be fair and workable competition and the purpose of measures in this case is to ensure a situation of fair competition. In considering the Community interest, the Commission has taken account of the interests of the Community bearing industry, the users of bearings and the final consumer of the end product.
(51) As far as the industrial purchasers are concerned, it can be argued that some benefit could be derived from them being able to buy dumped, low-priced TRB cups. For the final consumers, however, any such benefit would be minimal, since the goods in question normally account for only a small proportion of the final price of most finished products. Even though the effect on the price of the final product to the consumer would be negligible, the benefit provided by anti-dumping measures to the TRB cup producers is considerable.
(52) Leaving the Community industry without protection against unfair competition will cause a continued deterioration of its situation. The Commission has therefore concluded that, on balance, the interest of the Community clearly lies in granting protection to its bearing industry against unfair imports and proposes the introduction of anti-dumping measures.
G. PROVISIONAL DUTY
(53) In order to eliminate the injury suffered by the Community producers it is necessary to remove the undercutting as described in recital 33. In addition, these producers would need to be placed in a position where they could achieve price rises and so enable them to eliminate losses and to realize adequate returns on sales.
(54) With regard to profit shortfall and lowest return on sales, the Community industry considered a net profit before tax of 15 % to be the necessary minimum. Being an established industry, however, and in view of the profit level achieved historically, this is considered not to be a reasonable profit margin.
(55) The Commission is of the opinion that after taking into account the need to finance additional investments in manufacturing facilities and research and development, a pre-tax profit rate of 8 % should be used as the basis for assessing profit shortfall in this case.
(56) The profit shortfall of the Community producers for TRB cups sold in the Community is therefore 10,3 %.
With regard to the calculation of the duty necessary to remove the injury suffered by the Community industry, the Commission took into account both profit shortfall and the individual level of price undercutting of the Japanese producers.
(57) The injury margins established on this basis are higher than the dumping margins established, therefore the anti-dumping duty to be imposed should correspond to the margin of dumping established for each company.
Accordingly, the following provisional rates of anti-dumping duty should apply:
- Koyo Seiko Co. Ltd 12,4 %,
- NTN Corporation 6,0 %.
(58) The anti-dumping duty rate for outer rings of tapered roller bearings originating in Japan and manufactured by companies not listed in recital 57 should be fixed on the basis of the facts available. Given that the imports of the two companies concerned account for a high proportion of all imports into the Community of TRB cups originating in Japan, the Commission considers that the result of its investigation forms the most appropriate basis. Thus, the level of duty to be applied against all other Japanese manufacturers is 12,4 %.
(59) A period should be fixed within which the parties concerned may make their views known and request a hearing. Furthermore, it should be stated that all findings made for the purpose of this Regulation are provisional and may have to be reconsidered for the purpose of any definitive duty which the Commission may propose,
HAS ADOPTED THIS REGULATION:
Article 1
1. A provisional anti-dumping duty is hereby imposed on imports of outer rings of tapered roller bearings originating in Japan and falling within CN code ex 8482 99 00 (Taric codes 8482 99 00*11 and 8482 99 00*91).
2. The rate of duty, applicable to the net free-at-Community frontier price before duty shall be 12,4 % (Taric additional code 8669) except when produced by NTN Corporation, Tokyo (Taric additional code 8668), when it shall be 6,0 %.
3. The provisions in force concerning customs duties shall apply.
4. The release for free circulation in the Community of the products referred to in paragraph 1 shall be subject to the provision of a security, equivalent to the amount of the provisional duty.
Article 2
Without prejudice to Article 7 (4) (b) and (c) of Regulation (EEC) No 2423/88, the parties concerned may make known their views in writing and apply to be heard orally by the Commission within one month of the date of entry into force of this Regulation.
Article 3
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
Subject to Articles 11, 12 and 13 of Regulation (EEC) No 2423/88, Article 1 of this Regulation shall apply for a period of four months, unless the Council adopts definitive measures before the expiry of that period. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 July 1992. | [
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COMMISSION REGULATION (EC) No 645/2005
of 27 April 2005
on granting of import licences for cane sugar for the purposes of certain tariff quotas and preferential agreements
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector (1),
Having regard to 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 (2),
Having regard to Commission Regulation (EC) No 1159/2003 of 30 June 2003 laying down detailed rules of application for the 2003/2004, 2004/2005 and 2005/2006 marketing years for the import of cane sugar under certain tariff quotas and preferential agreements and amending Regulations (EC) No 1464/95 and (EC) No 779/96 (3), and in particular Article 5(3) thereof,
Whereas:
(1)
Article 9 of Regulation (EC) No 1159/2003 stipulates how the delivery obligations at zero duty of products of CN code 1701, expressed in white sugar equivalent, are to be determined for imports originating in signatory countries to the ACP Protocol and the Agreement with India.
(2)
Article 16 of Regulation (EC) No 1159/2003 stipulates how the zero duty tariff quotas for products of CN code 1701 11 10, expressed in white sugar equivalent, are to be determined for imports originating in signatory countries to the ACP Protocol and the Agreement with India.
(3)
Article 22 of Regulation (EC) No 1159/2003 opens tariff quotas at a duty of EUR 98 per tonne for products of CN code 1701 11 10 for imports originating in Brazil, Cuba and other third countries.
(4)
In the week 18 to 22 April 2005 applications were presented to the competent authorities in line with Article 5(1) of Regulation (EC) No 1159/2003 for import licences for a total quantity exceeding the contingent stipulated in Article 16 of Regulation (EC) No 1159/2003 for special preferential sugar.
(5)
In these circumstances the Commission must set reduction coefficients to be used so that licences are issued for quantities scaled down in proportion to the total available and must indicate that the limit in question has been reached,
HAS ADOPTED THIS REGULATION:
Article 1
In the case of import licence applications presented from 18 to 22 April 2005 in line with Article 5(1) of Regulation (EC) No 1159/2003 licences shall be issued for the quantities indicated in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on 28 April 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 April 2005. | [
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Commission Regulation (EC) No 317/2002
of 20 February 2002
fixing representative prices in the poultrymeat and egg sectors and for egg albumin, and amending Regulation (EC) No 1484/95
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2771/75 of 29 October 1975 on the common organisation of the market in eggs(1), as last amended by Commission Regulation (EC) No 1516/96(2), and in particular Article 5(4) thereof,
Having regard to Council Regulation (EEC) No 2777/75 of 29 October 1975 on the common organisation of the market in poultrymeat(3), as last amended by Commission Regulation (EC) No 2916/95(4), and in particular Article 5(4) thereof,
Having regard to Council Regulation (EEC) No 2783/75 of 29 October 1975 on the common system of trade for ovalbumin and lactalbumin(5), as last amended by Regulation (EC) No 2916/95, and in particular Article 3(4) thereof,
Whereas:
(1) Commission Regulation (EC) No 1484/95(6), as last amended by Regulation (EC) No 118/2002(7), fixes detailed rules for implementing the system of additional import duties and fixes representative prices in the poultrymeat and egg sectors and for egg albumin.
(2) It results from regular monitoring of the information providing the basis for the verification of the import prices in the poultrymeat and egg sectors and for egg albumin that the representative prices for imports of certain products should be amended taking into account variations of prices according to origin. Therefore, representative prices should be published.
(3) It is necessary to apply this amendment as soon as possible, given the situation on the market.
(4) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Poultrymeat and Eggs,
HAS ADOPTED THIS REGULATION:
Article 1
Annex I to Regulation (EC) No 1484/95 is hereby replaced by the Annex hereto.
Article 2
This Regulation shall enter into force on 21 February 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 February 2002. | [
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COMMISSION REGULATION (EC) No 342/2009
of 23 April 2009
fixing the rates of the refunds applicable to eggs and egg yolks 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 1234/2007 of 22 October 2007 establishing a common organisation of agricultural market and on specific provisions for certain agricultural products (single CMO Regulation) (1), and in particular Article 164(2) thereof,
Whereas:
(1)
Article 162(1) b of Regulation (EC) No 1234/2007 provides that the difference between prices in international trade for the products referred to in Article 1(1) (s) and listed in Part XIX of Annex 1 to of that Regulation and prices within the Community may be covered by an export refund where these goods are exported in the form of goods listed Part V of the Annex XX to that Regulation.
(2)
Commission Regulation (EC) No 1043/2005 of 30 June 2005 implementing Council Regulation (EC) No 3448/93 as regards the system of granting export refunds on certain agricultural products exported in the form of goods not covered by Annex I to the Treaty, and the criteria for fixing the amount of such refunds (2), specifies the products for which a rate of refund is to be fixed, to be applied where these products are exported in the form of goods listed in Part V of Annex XX to Regulation (EC) No 1234/2007.
(3)
In accordance with paragraph 2 (b) of Article 14 of Regulation (EC) No 1043/2005, the rate of the refund per 100 kilograms for each of the basic products in question is to be fixed for a period of the same duration as that for which refunds are fixed for the same products exported unprocessed.
(4)
Article 11 of the Agreement on Agriculture concluded under the Uruguay Round lays 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.
(5)
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
The rates of the refunds applicable to the basic products listed in Annex I to Regulation (EC) No 1043/2005 and in Article 1(1)(s) of Regulation (EC) No 1234/2007, and exported in the form of goods listed in Part V of Annex XX to Regulation (EC) No 1234/2007, shall be fixed as set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on 24 April 2009.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COMMISSION REGULATION (EC) No 49/2007
of 22 January 2007
on the issue of licences for the import of garlic in the quarter from 1 March to 31 May 2007
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organisation of the market in fruit and vegetables (1),
Having regard to Commission Regulation (EC) No 1870/2005 of 16 November 2005 opening and providing for the administration of tariff quotas and introducing a system of import licences and certificates of origin for garlic imported from third countries (2), and in particular Article 10(2) thereof,
Whereas:
(1)
The quantities for which licence applications have been lodged by traditonal importers and by new importers during the first five working days of January 2007, pursuant to Article 8(3) of Regulation (EC) No 1870/2005 exceed the quantities available for products originating in China, Argentina and all third countries other than China and Argentina.
(2)
It is now necessary to establish the extent to which the licence applications sent to the Commission by 15 January 2007 can be met and to fix, for each category of importer and product origin, the dates until which the issue of certificates should be suspended,
HAS ADOPTED THIS REGULATION:
Article 1
Applications for import licences lodged pursuant to Article 4(1) of Regulation (EC) No 1870/2005, during the first five working days of January 2007 and sent to the Commission by 15 January 2007, shall be met at a percentage rate of the quantities applied for as set out in Annex I to this Regulation.
Article 2
For each category of importer and the origin involved, applications for import licences pursuant to Article 4(1) of Regulation (EC) No 1870/2005 relating to the quarter from 1 March to 31 May 2007 and lodged after the first five working days of January 2007 but before the date in Annex II to this Regulation, shall be rejected.
Article 3
This Regulation shall enter into force on 23 January 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 January 2007. | [
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COMMISSION DECISION of 16 May 1997 on the appointment of members of the European Consultative Forum on the environment and sustainable development (Text with EEA relevance) (97/307/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Decision 97/150/EC of 24 February 1997 on the setting up of a European Consultative Forum on the environment and sustainable development (1), and in particular Articles 4 and 7 (1) thereof,
Whereas the members of the European Consultative Forum on the environment and sustainable development are to be appointed by the Commission in the light of recommendations from organizations representing each sector concerned at Community level;
Whereas it is necessary to appoint 32 Members of the Forum for a period of four years;
Whereas it is necessary that the Commission designate a chairman from among the members of the Forum for a period of two years,
HAS DECIDED AS FOLLOWS:
Article 1
The following are appointed as members of the European Consultative Forum on the environment and sustainable development:
Maria Buitenkamp
Willy Buschak
Margarida Cancela d'Abreu
Carmen de Andrés
Oliver Doubleday
Brigitte Ederer
John Elkington
Sylvie Faucheux
Marco Gaasch
Ralph Hallo
Thomas Immelmann
Per Kågeson
Jens Kampmann
Klaus Kohlhase
Jacques Kummer
Arunas Kundrotas
Bedrich Moldan
Armando Montanari
Joaquín Nieto Sainz
Hannu Nilsen
Thymio Papayannis
Ingolf Pernice
Giorgio Porta
Teresa Presas
Fiona Reynolds
Jean Salmon
Thorvald Stoltenberg
Uno Svedin
Margaret Sweeney
Laurence Tubiana
Silvia Zamboni
Tomasz Zylicz
Article 2
Thorvald Stoltenberg is designated as chairman of the European Consultative Forum on the environment and sustainable development for a period of two years.
Done at Brussels, 16 May 1997. | [
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COUNCIL DIRECTIVE of 17 February 1975 on the approximation of the laws of the Member States relating to collective redundancies (75/129/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof;
Having regard to the proposal from the Commission;
Having regard to the Opinion of the European Parliament (1);
Having regard to the Opinion of the Economic and Social Committee (2);
Whereas it is important that greater protection should be afforded to workers in the event of collective redundancies while taking into account the need for balanced economic and social development within the Community;
Whereas, despite increasing convergence, differences still remain between the provisions in force in the Member States of the Community concerning the practical arrangements and procedures for such redundancies and the measures designed to alleviate the consequences of redundancy for workers;
Whereas these differences can have a direct effect on the functioning of the common market;
Whereas the Council resolution of 21 January 1974 (3) concerning a social action programme makes provision for a Directive on the approximation of Member States' legislation on collective redundancies;
Whereas this approximation must therefore be promoted while the improvement is being maintained within the meaning of Article 117 of the Treaty,
HAS ADOPTED THIS DIRECTIVE:
SECTION I Definitions and scope
Article 1
1. For the purposes of this Directive: (a) "collective redundancies" means dismissals effected by an employer for one or more reasons not related to the individual workers concerned where, according to the choice of the Member States, the number of redundancies is: - either, over a period of 30 days: (1) at least 10 in establishments normally employing more than 20 and less than 100 workers;
(2) at least 10 % of the number of workers in establishments normally employing at least 100 but less than 300 workers;
(3) at least 30 in establishments normally employing 300 workers or more;
- or, over a period of 90 days, at least 20, whatever the number of workers normally employed in the establishments in question;
(b) "workers" representatives' means the workers' representatives provided for by the laws or practices of the Member States.
2. This Directive shall not apply to: (a) collective redundancies affected under contracts of employment concluded for limited periods of time or for specific tasks except where such redundancies take place prior to the date of expiry or the completion of such contracts;
(b) workers employed by public administrative bodies or by establishments governed by public law (or, in Member States where this concept is unknown, by equivalent bodies);
(c) the crews of sea-going vessels;
(d) workers affected by the termination of an establishment's activities where that is the result of a judicial decision.
SECTION II Consultation procedure
Article 2
1. Where an employer is contemplating collective redundancies, he shall begin consultations with the workers' representatives with a view to reaching an agreement. (1)OJ No C 19, 12.4.1973, p. 10. (2)OJ No C 100, 22.11.1973, p. 11. (3)OJ No C 13, 12.2.1974, p. 1.
2. These consultations shall, at least, cover ways and means of avoiding collective redundancies or reducing the number of workers affected, and mitigating the consequences.
3. To enable the workers' representatives to make constructive proposals the employer shall supply them with all relevant information and shall in any event give in writing the reasons for the redundancies, the number of workers to be made redundant, the number of workers normally employed and the period over which the redundancies are to be effected.
The employer shall forward to the competent public authority a copy of all the written communications referred to in the preceding subparagraph.
SECTION III Procedure for collective redundancies
Article 3
1. Employers shall notify the competent public authority in writing of any projected collective redundancies.
This notification shall contain all relevant information concerning the projected collective redundancies and the consultations with workers' representatives provided for in Article 2, and particularly the reasons for the redundancies, the number of workers to be made redundant, the number of workers normally employed and the period over which the redundancies are to be effected.
2. Employers shall forward to the workers' representatives a copy of the notification provided for in paragraph 1.
The workers' representatives may send any comments they may have to the competent public authority.
Article 4
1. Projected collective redundancies notified to the competent public authority shall take effect not earlier than 30 days after the notification referred to in Article 3 (1) without prejudice to any provisions governing individual rights with regard to notice of dismissal.
Member States may grant the competent public authority the power to reduce the period provided for in the preceding subparagraph.
2. The period provided for in paragraph 1 shall be used by the competent public authority to seek solutions in the problems raised by the projected collective redundancies.
3. Where the initial period provided for in paragraph 1 is shorter than 60 days, Member States may grant the competent public authority the power to extend the initial period to 60 days following notification where the problems raised by the projected collective redundancies are not likely to be solved within the initial period.
Member States may grant the competent public authority wider powers of extension.
The employer must be informed of the extension and the grounds for it before expiry of the initial period provided for in paragraph 1.
SECTION IV Final provisions
Article 5
This Directive shall not affect the right of Member States to apply or to introduce laws, regulations or administrative provisions which are more favourable to workers.
Article 6
1. Member States shall bring into force the laws, regulations and administrative provisions needed in order to comply with this Directive within two years following its notification and shall forthwith inform the Commission thereof.
2. Member States shall communicate to the Commission the texts of the laws, regulations and administrative provisions which they adopt in the field covered by this Directive.
Article 7
Within two years following expiry of the two year period laid down in Article 6, Member States shall forward all relevant information to the Commission to enable it to draw up a report for submission to the Council on the application of this Directive.
Article 8
This Directive is addressed to the Member States.
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COMMISSION REGULATION (EC) No 657/94 of 24 March 1994 fixing advance payments in respect of the production levies in the sugar sector for the 1993/94 marketing year
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1785/81 of 30 June 1981 on the common organization of the markets in the sugar sector (1), as last amended by Regulation (EC) No 133/94 (2), and in particular Article 28 (8) thereof,
Whereas Article 5 of Commission Regulation (EEC) No 1443/82 of 8 June 1982 laying down detailed rules for the application of the quota system in the sugar sector (3), as last amended by Regulation (EC) No 392/94 (4), provides for the fixing before 1 April, and the collection before the following 1 June, of the unit amounts to be paid by sugar producers and isoglucose producers as advance payments of the production levies for the current marketing year; whereas the estimate of the basic production levy and of the B levy, referred to in Article 6 of Regulation (EEC) No 1443/82, gives an amount which is more than 60 % of the maximum amounts indicated in Article 28 (3), (4) and (5) of Regulation (EEC) No 1785/81; whereas, in accordance with Article 6 of Regulation (EEC) No 1443/82, the unit amounts for sugar should therefore be fixed at 50 % of the maximum amounts concerned and for isoglucose the unit amount of the advance payment should therefore be fixed at 40 % of the unit amount of the basic production levy estimated for sugar;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,
HAS ADOPTED THIS REGULATION:
Article 1
The unit amounts referred to in Article 5 (1) (b) of Regulation (EEC) No 1443/82 in respect of the 1993/94 marketing year are hereby fixed as follows:
(a) the advance payment of the basic production levy for A sugar and B sugar shall be ECU 0,523 per 100 kilograms of white sugar;
(b) the advance payment of the B levy for B sugar shall be ECU 9,812 per 100 kilograms of white sugar;
(c) the advance payment of the basic production levy for A isoglucose and B isoglucose shall be ECU 0,419 per 100 kilograms of dry matter.
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, 24 March 1994. | [
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Commission Regulation (EC) No 427/2004
of 4 March 2004
fixing the reference prices for certain fishery products for the 2004 fishing year
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organisation of the markets in fishery and aquaculture products(1), and in particular Article 29(1) and (5) thereof,
Whereas:
(1) Regulation (EC) No 104/2000 provides that reference prices valid for the Community may be fixed each year, by product category, for products that are the subject of a tariff suspension pursuant to Article 28(1). The same holds for products which, by virtue of being either the subject of a binding tariff reduction under the WTO or some other preferential arrangements, must comply with a reference price.
(2) For the products listed in its Annex I(A) and (B) to Regulation (EC) No 104/2000, the reference price is the same as the withdrawal price fixed in accordance with Article 20(1) of that Regulation.
(3) The Community withdrawal and selling prices for the products concerned are fixed for the 2004 fishing year by Commission Regulation (EC) No 425/2004(2).
(4) The reference price for products other than those listed in Annexes I and II to Regulation (EC) No 104/2000 is established on the basis of the weighted average of customs values recorded on the import markets or in the ports of import in the three years immediately preceding the date on which the reference price is fixed.
(5) There is no need to fix reference prices for all the species covered by the criteria laid down in Regulation (EC) No 104/2000, and particularly not for those imported from third countries in insignificant volumes.
(6) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fishery Products,
HAS ADOPTED THIS REGULATION:
Article 1
The reference prices for the 2004 fishing year of fishery products as provided for in accordance with Article 29 of Regulation (EC) No 104/2000 are set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 4 March 2004. | [
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Commission Regulation (EC) No 1255/2003
of 14 July 2003
granting no award with regard to beef put up for sale under the second invitation to tender referred to in Regulation (EC) No 1032/2003
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1254/1999 of 17 May 1999 on the common organisation of the market in beef and veal(1), as last amended by Commission Regulation (EC) No 806/2003(2), and in particular Article 28(2) thereof,
Whereas:
(1) Tenders have been invited for certain quantities of beef fixed by Commission Regulation (EC) No 1032/2003 of 17 June 2003 on periodical sales by tender of beef held by certain intervention agencies and intended for processing within the Community(3).
(2) Pursuant to Article 9 of Commission Regulation (EEC) No 2173/79 of 4 October 1979 on detailed rules of application for the disposal of beef bought in by intervention agencies and repealing Regulation (EEC) No 216/69(4), as last amended by Regulation (EC) No 2417/95(5), the minimum selling prices for meat put up for sale by tender should be fixed, taking into account tenders submitted. Pursuant to Article 3(2) of Regulation (EC) No 1032/2003, a decision may be taken not to proceed with the tendering procedure.
(3) 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
No award is made against the second invitation to tender held in accordance with Regulation (EC) No 1032/2003 for which the time limit for the submission of tenders was 8 July 2003.
Article 2
This Regulation shall enter into force on 15 July 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 July 2003. | [
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Commission Regulation (EC) No 1468/2003
of 19 August 2003
amending the import duties in the cereals sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals(1), as last amended by Regulation (EC) No 1104/2003(2),
Having regard to Commission Regulation (EC) No 1249/96 of 28 June 1996 laying down detailed rules for the application of Council Regulation (EEC) No 1766/92 as regards import duties in the cereals sector(3), as last amended by Regulation (EC) No 1110/2003(4), and in particular Article 2(1) thereof,
Whereas:
(1) The import duties in the cereals sector are fixed by Commission Regulation (EC) No 1448/2003(5).
(2) Article 2(1) of Regulation (EC) No 1249/96 provides that if during the period of application, the average import duty calculated differs by EUR 5 per tonne from the duty fixed, a corresponding adjustment is to be made. Such a difference has arisen. It is therefore necessary to adjust the import duties fixed in Regulation (EC) No 1448/2003,
HAS ADOPTED THIS REGULATION:
Article 1
Annexes I and II to Regulation (EC) No 1448/2003 are hereby replaced by Annexes I and II to this Regulation.
Article 2
This Regulation shall enter into force on 20 August 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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Council Decision
of 3 December 2001
on the conclusion of an Additional Protocol adjusting the trade aspects of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, to take account of the outcome of the negotiations between the parties on reciprocal preferential concessions for certain wines, the reciprocal recognition, protection and control of wine names and the reciprocal recognition, protection and control of designations for spirits and aromatised drinks
(2001/916/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 133, in conjunction with the first sentence of the first subparagraph of Article 300(2), and Article 300(4) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) The Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, hereinafter referred to as the "Stabilisation and Association Agreement", was initialled on 24 November 2000 and signed by Exchange of Letters in Luxembourg on 9 April 2001. Article 27(4) of the Stabilisation and Association Agreement provides that the trade arrangements to apply to wine and spirit products remain to be defined.
(2) In accordance with the Directives adopted by the Council on 11 March 1998, the Commission and the former Yugoslav Republic of Macedonia reached agreement on 20 June 2001 on new reciprocal trade concessions for certain wines and on the reciprocal recognition, protection and control of wine names and spirits designations. In order to ensure consistency within the overall stabilisation process, the results of these negotiations should be integrated into the framework of the Stabilisation and Association Agreement in the form of an Additional Protocol.
(3) Provisions to adopt the implementing Regulations on preferential trade concessions provided for certain wines should be made by the Commission, assisted by the Customs Code Committee set up by Article 248a of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code(1), notwithstanding Article 62 of Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine(2). The Commission shall make the necessary amendments and technical adaptations to the implementing Regulations which might result from new preferential agreements, protocols, Exchanges of Letters or other acts concluded between the European Community and the former Yugoslav Republic of Macedonia, or which are necessary following the changes to the Combined Nomenclature and TARIC codes.
(4) In order to facilitate the implementation of certain provisions of the Protocol, the Commission should be authorised to approve, on behalf of the Community, decisions amending the lists and the Protocols to the Agreement on the reciprocal recognition, protection and control of wine names (Annex II to the Protocol) and the Agreement on the reciprocal recognition, protection and control of designations of spirits and aromatised drinks (Annex III to the Protocol). In adopting these acts, the Commission should be assisted by the Management Committee for Wine set up by Article 74 of Regulation (EC) No 1493/1999, on the one hand, and by the Implementation Committee for Spirit Drinks set up by Article 13 of Council Regulation (EEC) No 1576/89 of 29 May 1989 laying down general rules on the definition, description and presentation of spirit drinks(3) and the Implementation Committee for Aromatised Wines set up by Article 12 of Council Regulation (EEC) No 1601/1991 of 10 June 1991 laying down general rules on the definition, description and presentation of aromatised wines, aromatised wine-based drinks and aromatised wine-product cocktails(4), on the other hand.
(5) The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(5),
HAS DECIDED AS FOLLOWS:
Article 1
The Additional Protocol adjusting the trade aspects of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, to take account of the outcome of the negotiations between the parties on reciprocal preferential concessions for certain wines, the reciprocal recognition, protection and control of wine names and the reciprocal recognition, protection and control of designations for spirits and aromatised drinks (hereinafter referred to as "the Protocol"), is hereby approved on behalf of the Community.
The text of the Protocol is attached to this Decision.
Article 2
1. The President of the Council is hereby authorised to designate the person empowered to sign the Protocol on behalf of the Community, in order to express the consent of the Community to be bound.
2. The President of the Council shall, on behalf of the Community, make the notification of approval provided for in Article 3 of the Protocol.
Article 3
Provisions for the application of the tariff quotas for certain wines provided in Annex I to the Protocol, as well as amendments and technical adaptations to the implementing Regulations necessary following changes to the Combined Nomenclature codes and to the TARIC subdivisions or arising from the conclusion of new agreements, protocols, Exchanges of Letters or other acts between the Community and the former Yugoslav Republic of Macedonia, shall be adopted by the Commission according to the procedure set out in Article 4(2) of this Decision, notwithstanding Article 62 of Regulation (EC) No 1493/1999.
Article 4
1. The Commission shall be assisted by the Customs Code Committee set up by Article 248a of Regulation (EEC) No 2913/92.
2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.
The period provided for in Article 4(3) of Decision 1999/468/EC shall be set at three months.
3. The Committee shall adopt its rules of procedure.
Article 5
1. For the purposes of the decisions of the Stabilisation and Association Committee concerning the establishment of lists of protected names provided for in Article 4(7) and Article 14(2)(a) of the Agreement on the reciprocal recognition, protection and control of wine names, the Community's position shall be established by the Council acting by qualified majority on a proposal from the Commission.
2. Without prejudice to paragraph 1, for the purposes of Articles 13 and 14 of the Agreement on the reciprocal recognition, protection and control of wine names, the Commission shall conclude the necessary acts amending the lists and the Protocol to the Agreement according to the procedure set out in Article 6(2) of this Decision. For all other cases coming under the above Articles, the Community position shall be established and presented by the Commission.
Article 6
1. The Commission shall be assisted by the Management Committee for Wine set up by Article 74 of Regulation (EC) No 1493/1999.
2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.
The period provided for in Article 4(3) of Decision 1999/468/EC shall be set at one month.
3. The Committee shall adopt its rules of procedure.
Article 7
1. For the purposes of the decisions of the Stabilisation and Association Committee concerning the establishment of lists of protected designations provided for in Article 4(5) and Article 14(2)(a) of the Agreement on the reciprocal recognition, protection and control of designations for spirits and aromatised drinks, the Community's position shall be established by the Council acting by qualified majority on a proposal from the Commission.
2. Without prejudice to paragraph 1, for the purposes of Articles 13 and 14 of the Agreement on the reciprocal recognition, protection and control of designations for spirits and aromatised drinks, the Commission shall conclude the necessary acts amending the lists and the Protocol to the Agreement according to the procedure set out in Article 8(2) of this Decision. For all other cases coming under the above Articles, the Community position shall be established and presented by the Commission.
Article 8
1. The Commission shall be assisted by the Implementation Committee for Spirit Drinks instituted by Article 13 of Regulation (EEC) No 1576/89 and by the Implementation Committee for Aromatised Wines, Aromatised Wine-Based Drinks and Aromatised Wine-Product Cocktails set up by Article 12 of Regulation (EEC) No 1601/91.
2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply.
The period provided for in Article 5(6) of Decision 1999/468/EC shall be set at one month.
3. The Committees shall adopt their rules of procedure.
Article 9
This Decision shall be published in the Official Journal of the European Communities.
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Commission Regulation (EC) No 2019/2001
of 15 October 2001
concerning the issue of A licences for the import of garlic
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 1047/2001 of 30 May 2001 introducing a system of import licences and certificates of origin and establishing the method for managing the tariff quotas for garlic imported from third countries(1), as last amended by Regulation (EC) No 1865/2001(2),
Whereas:
(1) Article 8(1) of Regulation (EC) No 1047/2001 provides that if quantities covered by applications for A licences exceed the quantities available, the Commission is to fix a simple reduction percentage and suspend the issue of such licences covered by subsequent applications.
(2) Quantities applied for on 8 and 9 October 2001 under Article 4(1) of Regulation (EC) No 1047/2001 for products originating in all third countries other than China and Argentina exceed the quantities available. The extent to which A licences can be issued, and whether the issue of those licences should be suspended for any subsequent applications, should therefore be determined,
HAS ADOPTED THIS REGULATION:
Article 1
A import licences covered by applications under Article 1(1), of Regulation (EC) No 1047/2001 for products originating in all third countries other than China and Argentina on 8 and 9 October 2001 and forwarded to the Commission on 10 October 2001 shall be issued, with the entry referred to in Article 1(2) of that Regulation, at the rate of:
- 21,396 % of the quantity applied for, for traditional importers,
- 4,719 % of the quantity applied for, for new importers.
Article 2
The issue of A import licences relating to the quarter running from 1 December 2001 to 28 February 2002 covered by applications under Regulation (EC) No 1047/2001 for products originating in all third countries other than China and Argentina is hereby suspended for applications lodged after 9 October 2001. Applications for the quarter running from 1 March 2002 to 31 May 2002 may be lodged from 14 January 2002.
Article 3
This Regulation shall enter into force on 16 October 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COMMISSION REGULATION (EC) No 232/2007
of 2 March 2007
fixing the minimum selling price for butter for the 58th individual invitation to tender issued under the standing invitation to tender referred to in Regulation (EC) No 2771/1999
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(c) thereof,
Whereas:
(1)
Pursuant to 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), intervention agencies have put up for sale by standing invitation to tender certain quantities of butter held by them.
(2)
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, in accordance with Article 24a of Regulation (EC) No 2771/1999.
(3)
In the light of the tenders received, a minimum selling price should be fixed.
(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 58th individual invitation to tender pursuant to Regulation (EC) No 2771/1999, in respect of which the time limit for the submission of tenders expired on 27 February 2007, the minimum selling price for butter is fixed at 237,00 EUR/100 kg.
Article 2
This Regulation shall enter into force on 3 March 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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*****
COMMISSION DECISION
of 7 May 1984
establishing that the apparatus described as 'Ortec - Planar totally depleted Silicon Surface Barrier Detectors, model: D 035-050-15, D 030-150-50, D 015-050-100, D 030-300-100 - Totally depleted Silicon Surface Barrier Detectors, model: B 027-450-200, B 027-450-400, B 018-050-300, B 027-450-300' may be imported free of Common Customs Tariff duties
(84/264/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 1 November 1983, the Netherlands 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 'Ortec - Planar totally depleted Silicon Surface Barrier Detectors, model: D 035-050-15, D 030-150-50, D 015-050-100, D 030-300-100 - Totally depleted Silicon Surface Barrier Detectors, model: B 027-450-200, B 027-450-400, B 018-050-300, B 027-450-300', ordered on 9 October 1982 and intended to be used in nuclear physics experiments with beams of particles from a variable-energy cyclotron, should be considered to be scientific apparatus and, where the reply is in the affirmative, whether apparatus of equivalent scientific value are 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 11 April 1984 within the framework of the Committee on Duty-Free Arrangements to examine the matter;
Whereas this examination showed that the apparatus in question are detectors; whereas their objective technical characteristics, such as the precision of the answer in the field of the particles energy, and the use to which they are put make them specially suited to scientific research; whereas, moreover, apparatus of the same kind are principally used for scientific activities; whereas they must therefore be considered to be scientific apparatus;
Whereas, on the basis of information received from Member States, apparatus of equivalent scientific value capable of use for the same purpose are not currently manufactured in the Community; whereas, therefore, duty-free admission of these apparatus is justified,
HAS ADOPTED THIS DECISION:
Article 1
The apparatus described as 'Ortec - Planar totally depleted Silicon Surface Barrier Detectors, model: D 035-050-15, D 030-150-50, D 015-050-100, D 030-300-100 - Totally depleted Silicon Surface Barrier Detectors, model: B 027-450-200, B 027-450-400, B 018-050-300, B 027-450-300', which are the subject of an application by the Netherlands of 1 November 1983, may be imported free of Common Customs Tariff duties.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 7 May 1984. | [
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*****
COMMISSION REGULATION (EEC) No 1181/87
of 29 April 1987
amending Regulation (EEC) No 2220/85 laying down common detailed rules for the application of the system of securities for agricultural products
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organization of the market in cereals (1), as last amended by Regulation (EEC) No 1579/86 (2), and in particular Articles 7 (5), 8 (4), 12 (2), 15 (3) and (5), and 16 (6) thereof, and the corresponding provisions of the other Regulations on the common organization of the market in respect of agricultural products, and also to other provisions in the Regulations on the common organization of markets which, when applied in practice, provide for a security,
Having regard to Council Regulation (EEC) No 525/77 of 14 March 1977 establishing a system of production aid for tinned pineapple (3), as last amended by Regulation (EEC) No 1699/85 (4), and in particular Article 8 thereof,
Having regard to Council Regulation (EEC) No 1079/77 of 17 May 1977 on a co-responsibility levy and on measures for expanding the markets in milk and milk products (5), as last amended by Regulation (EEC) No 1338/86 (6), and in particular Article 3 thereof,
Having regard to Council Regulation (EEC) No 2169/81 of 27 July 1981 laying down the general rules for the system of aid for cotton (7), as last amended by Regulation (EEC) No 3128/86 (8), and in particular Article 5 (3) thereof,
Having regard to Council Regulation (EEC) No 1431/82 of 18 May 1982 laying down special measures for peas, field beans and sweet lupins (9), as last amended by Regulation (EEC) No 3127/86 (10), and in particular Article 3 (5) thereof,
Having regard to Council Regulation (EEC) No 1677/85 of 11 June 1985 on monetary compensatory amounts in agriculture (11), as last amended by Regulation (EEC) No 90/87 (12) and in particular Article 12 thereof,
Whereas Commission Regulation (EEC) No 2220/85 (13) provides that a proportion of a security be forfeit corresponding to the importance of the requirement not observed; whereas the significance of breaching a subordinate requirement can be assimilated to the significance of late production of proof that all primary requirements have been met; whereas, therefore, the consequences should in both cases be the same; whereas Regulation (EEC) No 2220/85 should be amended accordingly;
Whereas, in order to avoid doubt, each context in which it is relevant to consider whether or not a case of force majeure has arisen should be specified;
Whereas certain amendments clarifying the text of Regulation (EEC) No 2220/85 and amending the field of application of certain terms should be made in the light of experience; whereas at the time an error in the Dutch text should be corrected;
Whereas the measures provided for in this Regulation are in accordance with the opinion of ail the relevant Management Committees,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 2220/85 is hereby amended as follows:
1. Article 19 is amended as follows:
(a) In paragraph 1 in the Dutch version, 'waarborg' is replaced by 'zekerheid'.
(b) Paragraph 2 is replaced by the following:
'2. Once the deadline for showing final entitlement to the sum granted has passed without production of evidence of entitlement, the competent authority shall immediately follow the procedure in Article 29.
The deadline may be postponed in a case of force majeure.
However, where Community legislation so provides, evidence may still be produced after that date against partial repayment of the security.'
2. The following paragraph 6 is added to Article 20:
'6. For the purposes of this Title "the relevant part of the sum secured" shall mean the part of the sum secured corresponding to the quantity for which a requirement has been breached.'
3. Paragraphs 1 and 2 of Article 22 are replaced by the following:
'1. A security shall be forfeit in full for the quantity for which a primary requirement is not fulfilled, unless force majeure prevented fulfilment.
2. A primary requirement shall be considered to have been breached if the relevant evidence is not produced within the time limit set for the production of that evidence unless force majeure prevented produciton of such evidence within that time limit. The procedure in Article 29 for recovering the sum forfeited shall immediately be followed.'
4. The following is added to Article 22 (4):
'. . . unless force majeure prevented production of this evidence within that period.'
5. Article 24 (1) is replaced by the following:
'1. Failure to fulfil one or more subordinate requirements shall lead to forfeiture of 15 % of the relevant part of the sum secured unless force majeure prevented fulfilment.'
6. Article 25 is replaced by the following:
'Article 25
If evidence is produced that all primary requirements have been observed but both a secondary and a subordinate requirement have been breached, Articles 23 and 24 shall apply and the total sum to be forfeit shall be the sum forfeit in accordance with Article 23 plus 15 % of the relevant part of the sum secured.'
7. The following heading is inserted after Article 26:
'TITLE VI
General Provisions'
8. The following heading is deleted after Article 28:
'TITLE VI
General Provisions'
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 (6) shall apply only to securities pledged after the entry into force of this Regulation.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 April 1987. | [
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COMMISSION DECISION
of 4 May 2007
lifting prohibitions on the movement of certain animal products on the island of Cyprus under Council Regulation (EC) No 866/2004 and laying down conditions for the movement of those products
(notified under document number C(2007) 1911)
(Text with EEA relevance)
(2007/330/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 866/2004 of 29 April 2004 on a regime under Article 2 of Protocol 10 to the Act of Accession (1), and in particular Article 4(9) thereof,
Whereas:
(1)
Pending the reunification of Cyprus, Article 1(1) of Protocol 10 to the Act of Accession suspends the application of the acquis in the areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control.
(2)
For public and animal health reasons, Regulation (EC) No 866/2004 prohibits the movement of animal products across the line between those areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control, to areas in which it does.
(3)
As a first step and in the light of production in areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control, prohibitions can be lifted for fresh fish and honey.
(4)
It is necessary to ensure that public and animal health are not compromised by the lifting of the prohibitions. It is also necessary to guarantee food safety in accordance with Commission Regulation (EC) No 1480/2004 (2) which lays down specific rules concerning goods arriving from the areas of the Republic of Cyprus not under the effective control of the Government of the Republic of Cyprus, in the areas of the Republic of Cyprus in which the Government exercises effective control. Accordingly, trade in the products concerned should be subject to certain conditions.
(5)
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
Article 1
The prohibitions under Article 4(9) of Regulation (EC) No 866/2004 on the movement of animal products across the line between the areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control and the areas in which it does, shall no longer apply in respect of the animal products referred to in Annexes I and II to this Decision.
Trade in those products shall be subject to the conditions set out in the respective Annex.
Article 2
This Decision is addressed to the Member States.
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COMMISSION DECISION
of 8 July 1999
concerning the German application for a transitional regime under Article 24 of Directive 96/92/EC of the European Parliament and of the Council concerning common rules for the internal market in electricity
(notified under document number C(1999) 1551/4)
(Only the German text is authentic)
(1999/794/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Directive 96/92/EC of the European Parliament and of the Council of 19 December 1996 concerning common rules for the internal market in electricity (hereinafter "the Directive")(1), and in particular Article 24 thereof,
Having informed the Member States of the German application,
Whereas:
I. FACTS
1. Procedure
(1) By letter of 30 July 1997, the German Bundesministerium für Wirtschaft (Ministry of Economic Affairs) asked the Commission to comment on, among other issues, the introduction into the German "Gesetz zur Neuregelung des Energiewirtschaftsrechts" (Energy Act), of a protection clause for lignite-based electricity production.
(2) By letter of 22 September 1997, the Commission replied that a protection clause including a possible refusal of system access would be a derogation from the access right under the terms of Article 17 of the Directive and could not therefore be based on Article 8(4) of the Directive, but would need to be applied for in accordance with the procedure set out in Article 24 of the Directive (transitional regime).
(3) By letter of 12 February 1998, the German Ministry of Economic Affairs applied for a transitional regime in accordance with Article 24 of the Directive in relation to the provisions of Article 4(3) (new Länder) of the "Gesetz zur Neuregelung des Energiewirtschaftsrechts", which was published in the Bundesgesetzblatt on 28 April 1998(2) and entered into force on the following day.
(4) On 14 July 1998, Commission representatives undertook a fact-finding mission to the Bundesministerium für Wirtschaft in Bonn. The Ministry confirmed that it regarded the application of 12 February 1998 as final and that, apart from the protection clause for lignite contained in the application, there were no other transitional regimes for which the Government would envisage support or aid schemes. The Commission requested additional information concerning the development of the lignite sector in the new Länder as well as on the contractual situation between the parties concerned, which is the basis of the commitments in accordance with Article 24(1) of the Directive.
(5) By letter of 11 September 1998, the Ministry submitted this additional information.
(6) Additionally, and in the agreement with the Bundesministerium für Wirtschaft, there was direct contact between the Commission and the company primarily concerned, Vereinigte Energiewerke AG (VEAG). VEAG set out its position in a letter to the Commission dated 28 January 1999. On 12 February 1999, a meeting between VEAG and the Commission took place in Brussels. By fax of 23 March 1999, VEAG submitted a report commissioned from chartered accountants evaluating the need for the lignite protection clause.
2. Structure and development of the electricity sector in the new Länder
(7) Electricity transmission in the new Länder is carried out by VEAG. VEAG is also the largest electricity producer in the new Länder, accounting for approximately 60 % of total electricity production. VEAG produces 92 % of its electricity generation on the basis of lignite. Electricity distribution is organised by 15 regional distribution companies (in which VEAG or its shareholders often own shares). In addition, several municipalities own local electricity distribution companies, which also own generating facilities. Thus the structure of the electricity network in the new Länder consists of up to three levels, as in other parts of Germany: (1) VEAG's high-voltage grid; (2) the regional distribution companies' medium-voltage grids; (3) the municipal distribution companies' low-voltage or medium-voltage grids.
(8) In the period between the German economic and monetary union (1 July 1990) and political reunification (3 October 1990), the "Stromvertrag" (power supply contract) was concluded on 22 August 1990 between the then German Democratic Republic and the Treuhandanstalt (Government trust for privatising East German property established by an Act of 17 June 1990) on the one side and Bayernwerk AG, PreussenElektra AG and RWE Energie AG on the other). The contract sets out the structure of the electricity sector in the new Länder following reunification. It provides for the sale of former East German power plants and transmission lines to VEAG, a joint venture company founded on 12 December 1990 by the Treuhandanstalt. VEAG was 75 % owned by the three largest West German electricity companies, RWE Energie AG (26,25 %), PreussenElektra AG (26,25 %) and Bayernwerk AG (22,5 %). The remaining 25 % was held by four other German transmission system operators via the holding company EBH GmbH.
(9) As an integral part of the purchase agreement with the Treuhandanstalt, VEAG (or more precisely in 1990 its three main subsequent shareholders) committed itself to maintaining lignite-based electricity generation and to investing large amounts in modernising existing plants and bringing them into line with higher environmental standards. These commitments by VEAG were confirmed in a parallel contract concluded on 27 August 1990 between the consortium of Bayernwerk AG, PreussenElektra AG and RWE Energie AG (shareholders in VEAG) and the regional electricity companies. This contract was subsequently confirmed in a series of 20-year bilateral contracts between VEAG and the regional electricity companies. These contracts require the regional distributors to purchase 70 % of their electricity consumption (i.e. the electricity sold by them) over 20 years from VEAG at a price based on full costs, with the distributors passing on any resulting higher costs to final customers.
3. Development of the lignite mining sector
(10) In 1997, VEAG produced 46,6 TWh of electricity from lignite, which accounts for approximately 60 % of the total of 77,5 TWh of electricity produced in the new Länder. The remaining 40 % is generated via municipal generators, autoproduction and generation by independent power producers (IPP). Lignite output in 1997 was 73,8 million tonnes, of which VEAG purchased 54,3 million for electricity production. Before reunification in 1989, East German lignite mines produced 300 million tonnes. Since then, output capacity has been gradually reduced to the current level.
(11) Lignite mining in the new Länder is carried out by two major companies. Mibrag (Mitteldeutsche Braunkohle) was privatised in 1993 and sold to an Anglo-American consortium (PowerGen, NRJ Energy and Morrison Knudsen). Laubag (Lausitzer Braunkohle) was sold to a German consortium, 55 % of which is owned by Rheinbraun AG/RWE, 30 % by PreussenElektra AG and 15 % by Bayernwerke AG. Thus, Laubag and VEAG are linked via common shareholders.
(12) In 1989, 138800 employees were working in the lignite mining sector and 30499 in the electricity production sector. Since then, employment has declined dramatically to a current level of 16400 in the lignite mining sector and 8163 in electricity production with VEAG. Thus, together with an additional 5000 employees depending indirectly on lignite mining and electricity production, a total of 30000 employees currently depend on the lignite sector.
(13) Since 1990, VEAG has invested DM 13000 million in modernising lignite power plants. DM 2000 million have been invested in lignite mining. VEAG's total investment plan amounts to DM 20000 million, running until 2001.
(14) At the fact-finding meeting on 14 July 1998, the German Ministry of Economic Affairs drew the following conclusions from the above figures:
- a further decrease in the use of lignite in electricity production would call into question the future of lignite mining as a whole,
- a key consideration as to why German energy policy needs to protect lignite is long-term security of supply. German energy policy has to weigh increasing dependency on imported natural gas against the disadvantages of existing indigenous fuels such as lignite.
4. The opening of the German electricity market to competition: implementation of Directive 96/92/EC
(15) The German "Gesetz zur Neuregelung des Energiewirtschaftsrechts" entered into force on 29 April 1998. It implements Directive 96/92/EC by opting for a contract-based third party access system with a parallel single buyer option for distributors until 2005. The Act provides for an immediate 100 % opening-up of the market: there is no eligibility threshold, all final consumers and distributors are, de jure, eligible customers.
(16) Thus, under the liberalised system introduced by the new German Act, all eligible customers in the new Länder (all final consumers and all distributors) can contract for supplies from outside the VEAG system. However, in order to deal with the situation that would result if many consumers transferred their demand to competing suppliers, thus making it increasingly difficult if not impossible for VEAG to sell its lignite-based electricity, Article 4(3) of the Act provides for a transitional regime.
5. The transitional regime notified by the German Government
(17) The notification of 12 February 1998 and the complementary information of 11 September 1998 define the following transitional regime.
(18) The basis of the transitional regime is the VEAG investment programme for the construction and modernisation of lignite-based power plants with a financial volume of DM 20000 million, which will be terminated around 2000. The programme is part of VEAG's commitment under the contract of 22 August 1990 between the then German Democratic Republic and the Treuhandanstalt on the one hand and Bayernwerk AG, PreussenElektra AG and RWE Energie AG (later VEAG) on the other. The programme must also be seen in the light of the 20-year commitment under the terms of the contract of 27 August 1990 between the consortium of Bayernwerk AG, PreussenElektra AG and RWE Energie AG (later VEAG) and the regional electricity companies, as well as the related series of bilateral contracts between VEAG and the regional electricity companies.
(19) The proposed transitional regime provides for the possibility of refusing network access to eligible customers, in so far as the requirements as defined in Article 4(3) of the "Gesetz zur Neuregelung des Energiewirtschaftsrechts" are fulfilled: "(1) When assessing whether refusal to permit access to the system to supply customers in Berlin, Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia with electricity pursuant to Article 1 (6) and (7) is impermissible or represents abuse, discrimination or unfair impediment as defined in Section 22, paragraph 2 and Section 26, paragraph 2 of the Act against restraints of competition, particular attention shall be given to the need for a sufficiently high level of power generation from lignite from these Länder.
(2) The Federal Ministry for Economic Affairs shall report to the German Bundestag in 2002 on the impact of this provision on power generation from lignite and on the electricity price trend in the Länder listed in paragraph 1. In so far as this arrangement is not extended until 31 December 2005 on the basis of that report, this transitional provision shall expire on 31 December 2003."
(20) Thus, in principle, all clients in the new Länder as well as in the remainder of Germany are eligible. However, if a significant number of such clients choose to purchase from new suppliers, the distributors tied to the 70 % purchase obligation from VEAG may lose sales, thereby purchasing less electricity from VEAG. In such circumstances, VEAG itself would lose market share, making it difficult in turn to maintain lignite purchases and resultant electricity generation. If this occurs, VEAG and, according to the wording of the law, the distributors may decide to refuse network access to eligible customers, requiring customers de facto to purchase more expensive, lignite-based electricity supplied by VEAG. Any such refusal is potentially subject to the control of the Bundeskartellamt, which will decide whether the refusal was reasonable and necessary in order to meet the need to maintain lignite production.
II. LEGAL ANALYSIS
1. Legal basis: Article 24 of Directive 96/92/EC
(21) The German notification of 12 February explicitly applies for a transitional regime pursuant to Article 24 of the Directive. It also, however, contains a declaration that the German Government considers the regime laid down in Article 4(3) of the German Act is already covered by Article 8(4) of Directive 96/92/EC. Originally, in the memorandum to the draft Act of March 1997, the Government justified this provision on the grounds of Article 8(4) of the Directive (dispatching priority for indigenous fuel sources to cover up to 15 % of consumption). This approach was also taken in the official application of 12 February 1998 for the transitional regime in accordance with Article 24 of the Directive.
(22) However, Article 8(4) of the Directive does not apply to the scheme as notified.
(23) Article 8(4) of the Directive states: "A Member State may, for reasons of security of supply, direct that priority be given to the dispatch of generating installations using indigenous primary energy fuel sources, to an extent not exceeding in any calendar year 15 % of the overall primary energy necessary to produce the electricity consumed in the Member State concerned."
(24) Although electricity from lignite in the new Länder represents less than 15 % of electricity production in Germany as a whole, it represents approximately 60-70 % of electricity production in the new Länder. This high percentage is not spread over the whole of Germany under a pure dispatching obligation in accordance with Article 8(4) of the Directive, but is locally protected by potentially refusing access to customers wishing to make use of the possibility of purchasing elsewhere, via network access, an essential requirement of the Directive defined in its Chapter VII.
(25) The provision for priority treatment under Article 8(4) under no circumstances justifies refusal of an application for network access or transmission. Article 8(4) is explicitly limited to making provision for a maximum of 15 % to be purchased from plants using indigenous fuels. Article 8(4), as well as Article 8(3), have to be seen as special provisions in the context of the general merit order principle as laid down in Article 8(2). The present mechanism - potentially refusing access to the network for bilateral purchasing contacts between eligible clients and producers - clearly falls outside the scope of this provision.
2. The requirements of Article 24
(26) Article 24 (1) and (2) of Directive 96/92/EC require the following elements to be examined by the Commission in the light of the EC Treaty when considering any application for a transitional regime.
2.1. Requirements concerning the nature of the commitments or guarantees of operation in question
(27) (1) The existence of a commitment or guarantee of operation must be proven.
(2) The commitment or guarantee of operation must have been given before 20 February 1997.
(3) A causal link between the entry into force of the Directive and the inability to honour the commitment must be established.
2.2. Requirements concerning the measures proposed in order to achieve the objectives in question
(28) (1) The measures of the transitional regime must fall within the scope of derogations from Chapters IV, VI and VII of the Directive.
(2) The transitional regime must be of limited duration and linked to the expiry of the commitments or guarantees of operation in question.
(3) The transitional regime must apply the least restrictive measures reasonably necessary to achieve the objectives, which themselves must be legitimate. In deciding on these issues the Commission must take into account, amongst other things, the size of the system concerned, the level of interconnection of the system and the structure of the electricity industry in the Member State in question.
3. Assessment of the German transitional regime
3.1. Requirements concerning the nature of the commitments or guarantees of operation in question
(29) The information contained in this Decision concerning the legal and contractual situation at the time of German reunification in 1990 is based upon the description of the relevant contracts provided by the German Ministry of Economic Affairs by letter of 11 September 1998. Two sets of contracts are mentioned therein:
(i) the contract of 22 August 1990 between the German Democratic Republic and the Treuhandanstalt on the one hand and Bayernwerk AG, PreussenElektra AG and RWE Energie AG on the other;
(ii) the contract of 27 August 1990 between the consortium of Bayernwerk AG, PreussenElektra AG and RWE Energie AG (later VEAG) and the regional electricity companies, as well as the series of subsequent bilateral contracts between VEAG and the regional electricity companies.
(30) The central commitment within the meaning of Article 24(1) is the investment commitment by Bayernwerk AG, PreussenElektra AG and RWE Energie AG, represented in VEAG, based on the Stromvertrag of 22 August 1990. VEAG not only took over production and transmission facilities but, as part of the contract package, committed itself to a DM 20000 million investment programme to modernise the lignite sector.
(31) This investment commitment was based on a long-term guaranteed minimum delivery of electricity and a corresponding amortisation of the investment. To this end, the central Stromvertrag is complemented by 20-year power purchase agreements with downstream distributors.
(32) This in 1990, VEAG undertook the investment commitment on the basis of the guaranteed 20-year electricity purchase agreements, which themselves were ultimately based on, or guaranteed by, the monopoly supply of captive consumers, which was the situation prior to liberalisation of the German electricity market in April 1998.
(33) The German Government considers that this investment commitment may not be honoured under the liberalised system if not protected until 2003 with the clause relating to potential refusal of access. This is because of the concern that lignite-sourced electricity will be more expensive than electricity from other sources, particularly due to the very heavy investment obligations on VEAG arising from modernisation requirements. If this is correct, and VEAG is unable to make the necessary improvements in efficiency to compete at market prices, purchases from distributors linked to VEAG by the 70 % purchasing obligation will decrease as eligible customers source elsewhere, leading to falling sales by VEAG. Under these circumstances it does appear correct that, with regard to VEAG, a commitment or guarantee of operation had been entered into prior to the entry into force of the Directive, and that fulfilment of this commitment is endangered by the entry into force thereof.
(34) The Commission therefore considers that:
(1) a commitment or guarantee within the meaning of Article 24(1) of the Directive exists;
(2) such commitments or guarantees of operation were given prior to the entry into force of the Directive;
(3) the necessary causal connection between the inability to fulfil the commitment and the entry into force of the Directive has been sufficiently established for the VEAG commitment arising from the investment in lignite production capacity. It can be assumed that in 1990 Bayernwerk AG, PreussenElektra AG and RWE Energie AG would not have undertaken the lignite investment commitment if there had been no guaranteed delivery, ultimately based at that time on a captive market. It can further be assumed that 100 % liberalisation, defining all categories of customer as eligible customers within the meaning of the Directive, might well lead to a situation where VEAG may not be in a position to complete its DM 20000 million investment programme, which will not be completed until 2000, if no transitional regime is established.
3.2. Requirements concerning the measures proposed to achieve the objectives in question
(35) 1. The measures in question fall within the scope of derogations from Chapters IV, VI and VII of Directive 96/92/EC.
(36) The German transitional regime refers exclusively to the protection clause of Article 4(3) of the Energy Act. It gives transmission system operators the right to deny network access on a case-by-case basis in order to guarantee sufficient delivery of electricity from lignite-fired power plants. Refusal of access on the grounds of guaranteeing sufficient delivery of electricity from lignite-fired power plants is not covered by Article 17(5) of Directive 96/92/EC, which only refers to the lack of necessary transmission or distribution capacity and duly substantiated reasons with regard to notified public service obligations as defined in Article 3 of the Directive. Germany has not notified any public service obligations under Article 3 of the Directive.
(37) Consequently, the German transitional regime represents a derogation from Article 17(5) in Chapter VII of the Directive. Such a derogation falls under the measures mentioned in Article 24(2). Article 24 is therefore applicable.
(38) 2. The transitional regime is of limited duration and is linked to the expiry of the commitments or guarantees of operation in question.
(39) The German transitional regime is of limited duration, namely until 31 December 2003. The Act provides for the possibility of an extension until 31 December 2005, depending on the outcome of a report which the Ministry must present to the Bundestag in 2002 regarding the impact of the transitional regime on power generation from lignite and electricity price trends in the new Länder.
(40) The Commission therefore considers this Decision regarding a transitional regime to be valid until 31 December 2003. Should Germany decide in 2002 to extend the transitional regime until 31 December 2005, this additional period would at that stage have to be the subject of a complementary application to the Commission requesting an extension of the transitional regime.
(41) Whilst the Commission is not at present considering extending the derogation from the Directive granted by this Decision, such an eventuality is not completely excluded. It would be difficult to envisage such an extension as being compatible with the Directive were it to be long term in nature, for example extended beyond 2005. However, it is not necessary to address this issue at present.
(42) 3. The transitional regime has to apply the least restrictive measures necessary to achieve the legitimate objectives, taking into account, amongst other things, the size of the system concerned, the level of interconnection of the system and the structure of the electricity industry in the Member State concerned.
3.1. Legitimate objectives
(43) The objective pursued by the scheme in question is to permit VEAG to honour the lignite investment commitments entered into and to meet the legitimate expectations related to these commitments. As a background element, Germany further justifies the objective of the transitional regime with two additional arguments. Firstly, the specific economic situation of the new Länder and the need for a socially and environmentally acceptable restructuring of the energy sector in this region. A further decrease in the use of lignite for electricity production would call into question lignite mining activities as a whole. Secondly, Germany argues that the measures are necessary in terms of long term security of supply. The continued use of electricity produced from lignite is part of overall German energy policy which attempts to weigh increasing dependency on imported natural gas against the environmental and cost disadvantages of existing indigenous fuels such as lignite.
(44) On the basis of these three considerations the Commission considers the objectives pursued by Germany to be legitimate.
3.2. The least restrictive measures taking into account, amongst other things, the size of the system concerned, the level of interconnection of the system and the structure of the electricity industry in the Member State concerned
(45) Under the new German Energy Act, all eligible customers (all final consumers and all distributors) may contract supplies from outside the VEAG system. Article 4(3) of the German Act is designed to provide a potential limit to purchases of electricity from outside the VEAG system where this would result in severe difficulties in continuing to operate lignite-fired power plants.
(46) In practice, such an occurrence cannot be excluded. According to the German Government, the electricity produced by VEAG on the basis of lignite is not only more expensive than electricity provided from other sources such as natural gas, but even more expensive than lignite-based electricity from the western Länder. The uncompetitive situation of east German lignite has been explained by the amortisation of the high investments in modernisation. As most of these costs are fixed, a significant fall in VEAG electricity sales would increase the cost burden on remaining customers.
(47) If VEAG lost significant sales due to eligible customers purchasing elsewhere, this would, as mentioned above, endanger its lignite-based electricity production and its ability to fulfil its investment and modernisation commitments. The transitional regime would enable it to refuse these eligible customers access to its transmission network. These eligible customers would therefore be obliged to continue to purchase more expensive, lignite-based electricity from VEAG.
(48) The Commission considers that Germany has sufficiently demonstrated that the transitional regime is a possible measure to achieve the objectives in question. However, the practice in other Member States shows that there are alternative solutions for stranded cost problems. Therefore, specific attention must be given to the question of whether the German transitional regime applies the least restrictive measures possible in order to achieve the objectives in question.
(49) The German Government considers that, in the light of the particular circumstances in question, the current solution is less restrictive to trade and competition than the alternative, namely statutory quotas for lignite, possibly financed by a levy on all electricity consumption in Germany. This is due to the temporary nature of the support scheme, and in fact that it is not possible to determine whether protection will in fact be necessary. The proposal states only that the Bundeskartellamt, when judging disputes over refusal of access, must consider the lignite issue among other arguments, notably capacity restraints. According to the government, this is only likely in rare cases to lead to a refusal of access and would only exist in principle until 2003. Furthermore, this approach has the advantage that it would not affect the contracts between VEAG and the regional distributors. Under these circumstances, it is argued, the present approach taken by the German Government ensures that market distortion will occur only if, and in so far as, necessary.
(50) In the light of the specific circumstances of the case, and in particular (i) the limited area concerned in comparison to the size of the entire German system, (ii) the lack of certainty that any protection will in fact be necessary, and (iii) the strictly limited timescale, the Commission considers that such a scheme is indeed a reasonable method of achieving the objectives in question. It is not possible to demonstrate that other schemes, such as those based on levies, would be less restrictive of trade and competition that the transitional regime as notified, given the very special circumstances under consideration here.
(51) However, two caveats are necessary in this respect regarding certain details of the transitional regime as notified: firstly, the possibility for regional transmission/distribution system operators to refuse network access pursuant to this scheme, and secondly the need to ensure that clearly defined, non-discriminatory, transparent and verifiable criteria exist regarding the right to refuse access.
3.2.1. The possibility for regional transmission/distribution system operators to refuse network access
(52) The wording of Article 4(3) of the German Act does not specifically restrict to VEAG the right to refuse network access. It would also, subject to ex-post approval by the Bundeskartellamt, allow regional transmission/distribution system operators to implement the clause and to deny access to their networks. However, in fact only VEAG is substantially affected through its investment commitment in electricity production. The regional electricity companies are neither producing electricity from lignite nor ([...](3); their only obligation is to procure 70 % of their sales from VEAG). Under these circumstances, it does not appear necessary to allow the regional transmission/distribution companies to refuse network access on the grounds of the need to ensure adequate production from lignite.
(53) Firstly, the regional distribution/transmission companies are not in a position to determine whether falling demand from their customers for electricity, resulting in reduced purchases from VEAG, will actually endanger continuing production by VEAG of electricity from lignite. Only VEAG, which can take into account purchases by all distributors and individual eligible customers, can determine this. Secondly, as the distributors have no direct or commercial interest in lignite production, any need that they might experience to restrict access to their networks might be based more on commercial considerations than on the need to maintain lignite production. This, combined with the impossibility for regional distribution/transmission companies to determine in practice whether falling sales on their part would prejudice VEAG's overall lignite-based production, makes it inappropriate to permit regional distribution/transmission companies to refuse access on these grounds. Consequently, only VEAG, entitled on the basis of a commitment within the meaning of Article 24(1) of the Directive, should be in a position to invoke the protection clause.
(54) Moreover, it would significantly compromise the market position of eligible customers if they had to face not one potential access dispute settlement with the transmission system operator, but possibly two, one on the level of the distribution network and the other on the level of the transmission network.
(55) A further issue raised by Germany in this respect concerns purchases by distributors of electricity originating from outside the new Länder, which would involve only the low and medium-voltage grid. VEAG would not be aware of these "imports", and would not therefore be able to take them into account in planning future lignite-based production levels based on likely "domestic" demand. If such "imports" via the low/medium-voltage grid reached a certain level, the distributors' sales would be reduced. Consequently, the amounts bought by them from VEAG would also fall, thus reducing VEAG's sales. The Commission has tested this argument, but does not regard it, per se, as justification for allowing the distribution/transmission companies to refuse network access in the medium term on the grounds of the need to protect lignite. Firstly, given the fact that these "imports" can only be via the low/medium-voltage grid, it cannot be taken for granted that such flows will acquire any quantitative significance. Secondly, this issue can be resolved in a manner less restrictive of trade and competition than the possibility of refusing network access at regional level.
(56) Germany can, for example, establish a procedure whereby regional companies are obliged to inform VEAG of transmission contracts concluded at the level of the regional network operators which could indirectly affect VEAG's lignite-based electricity production. This would enable VEAG to include these cases in its overall planning and thus submit it as evidence when claiming refusal of access. However, in order to give Germany the opportunity to determine whether such additional measures are required, in order to enable VEAG to fulfil its lignite-based production obligations and to ensure that regional distributors have an appropriate period of time to adapt prior to the introduction of this additional market pressure, the Commission considers it appropriate to bring this condition into force with suspensory effect (cf. 3.2.3 below).
3.2.2. Clearly defined, non-discriminatory, transparent and verifiable criteria
(57) The Commission regards refusal of network access as a severe measure which is directly opposed to one of the main objectives of the Directive, namely to permit competition for electricity supply by introducing network access. In this light, it is important that any application of the lignite protection clause be exercised restrictively and according to clearly defined, non-discriminatory, transparent and verifiable criteria. The Commission considers that the wording of Article 4(3) of the German Act does not satisfactorily fulfil these criteria. Therefore, the Commission considers it necessary to ensure that several conditions are met within the scope of the regulatory procedures and dispute settlement mechanisms in question. Such conditions are:
(58) (1) that a refusal of access will only take place on a case-by-case basis, that there will therefore be no a priori or systematic refusal, and that in every case of refusal detailed reasons will be given by VEAG as to the need to refuse transmission to ensure an adequate level of lignite generation;
(59) (2) a minimum opening-up of the market must also be guaranteed in the new Länder so that a network access system can develop in practice, albeit on the basis of the transitional regime at a pace below the minimum market opening requirements of the Directive. Thus, it must be guaranteed that a minimum segment of eligible customers must have the unrestricted right to change supplier in spite of the legitimate interests of VEAG.
(60) There is a risk that, in the absence of such a caveat, little competition would develop in the new Länder during the period in question and that, in particular, VEAG might face insufficient pressure to increase efficiency and lower prices. At present, approximately 60 % of electricity generation is by VEAG and 40 % by municipal producers and autoproduction. It is to be expected that, if even limited numbers of eligible clients decide to purchase elsewhere, this will inevitably, and probably immediately, put pressure - albeit limited - on VEAG's lignite-based production. To meet this challenge it would need to increase efficiency and competitiveness, or risk losing market share. However, rather than cutting costs and reducing prices, in the absence of a minimum number of unequivocal eligible customers VEAG may adopt a policy of systematically refusing any request for network access in order to maintain its market share and, indirectly, lignite production. The possibility of such a policy by VEAG is supported by the conclusions of the report evaluating the need for the lignite protection clause commissioned by VEAG from chartered accountants PWC Deutsche Revision (see below).
(61) (3) Although the German Government argued that a minimum opening-up of the market and market practice would be ensured by the case-by-case approach of the German Article 4(3) of the lignite clause, the Commission considers that Article 4(3) firstly provides insufficient guarantees in this respect, and secondly does not comply with the requirement for clear and verifiable criteria, which are necessary to differentiate clearly between those network access applications which are admissible and those which are to be refused. These concerns have already been stressed by the Commission in the letter to the Ministry of Economic Affairs of 22 September 1997. Such clear and verifiable criteria must be specified in order to enable customers to predict whether they will be able to exercise their right to network access. This will avoid potential discriminatory application of the clause arising from excessive discretion in the case-by-case assessment of refusals of access.
(62) It seems appropriate that, when weighing the justification of a refusal of access against the right of eligible customers to choose their supplier, account must be taken of whether the eligible customer is itself a party to long-term purchasing commitments, e.g. in the case of distributors committed to taking 70 % of their electricity from VEAG, in which case particular attention may be given to the interest in ensuring sufficient sales of lignite-based electricity, or whether the eligible customer is a final consumer without specific long-term purchase commitment, in which case particular attention may be given to access to competitive electricity prices. In this context, it is important to note that VEAG and the regional distribution companies are in many cases affiliated or associated companies, or companies belonging to the same shareholders. With regard to the need for major industrial final consumers to have access to competitive electricity prices, Article 19(3) of the Directive lays down that, despite a certain discretion for Member States in defining customer segments for achieving a minimum opening-up of the market, "all final consumers consuming more than 100 GWh per year (on a consumption site basis and including autoproduction) must be included" in the category of eligible customers. Thus the Commission considers that at least this customer segment(4) should have a clear guarantee that their potential requests for market access will not be refused on the basis of Article 4(3) of the German Act.
(63) This would be transparent and would avoid any potential discrimination. In this way, an appropriate balance can be struck between the need to provide adequate and effective protection for lignite production in Germany and the need to ensure that competitive forces - the basic aim of the Directive - nonetheless play an important role in ensuring that all companies increase efficiency and lower prices.
3.2.3. Entry into force of this Decision
(64) In order to permit:
- preparation of suitable and appropriate measures as necessary in order to ensure that electricity sales to eligible customers, via the regional distributors' low/medium-voltage grid only, do not bypass VEAG's lignite-based electricity production obligation, and to enable the regional distributors to prepare for the introduction of such competition,
- VEAG to adapt to the new situation with regard to customers consuming more than 100 GWh annually,
it appears reasonable to ensure a suitable period of time prior to the entry into force of the conditions set out in 3.2.1 and 3.2.2(3).
(65) It should be noted that the circumstances leading to the choice by the German Government of this transitional regime, as well as the objectives pursued by it, are specific and not characteristic of the other schemes notified to the Commission pursuant to Article 24 of the Directive. In particular, this regime results from the significant reconstruction of the electricity sector in the new Länder following reunification, and the resulting very major and localised regional and employment problems. Under these circumstances it is particularly important in this case that an appropriate balance is struck between the need for VEAG to be placed under a reasonable degree of competitive pressure and the need to ensure that VEAG can meet its investment and lignite-based electricity production obligations. This Decision is therefore, in terms of its nature and objectives, extremely specific in comparison with transitional regimes accepted or examined in other Member States. The other schemes relate to the need or aim to maintain the viability or competitiveness of individual undertakings, not the reconstruction and major modernisation of an entire regional electricity sector.
(66) In this light, the Commission considers it appropriate to provide for an interim period of two years between publication of this Decision and the entry into force of the conditions set out in Article 2(2) and (3) below. This period will provide VEAG and the regional distributors with the necessary time to take corresponding measures to meet any additional competitive pressure resulting from this Decision.
3.2.4. Additional considerations
(67) 1. In order to limit the possible impact of this Decision, and in particular the conditions set out in 3.2.1 and 3.2.2(3), to the competitiveness and viability of VEAG, a review of the Decision is scheduled for two years after its adoption. The basis for such a review must be a report by the German Government on its experience with the application of Article 4(3) of the German Act and the application of the additional Condition (3) of this Decision. If the proportion of final customers which have actually transferred to an electricity supplier not producing on the basis of lignite from the new Länder is substantial and endangers the viability of VEAG, the Commission will review this Decision, and in particular, if appropriate, Condition (3).
(68) 2. In order to ensure sufficient transparency, the Commission also considers it necessary to ensure close monitoring of the application and interpretation of Article 4(3) of German Act. Thus the Commission must be notified of any decision by a German arbitration or regulatory body which conditionally or unconditionally approves a refusal of network access on the basis of Article 4(3) of the German Act.
3.2.5. Appreciation of the arguments of VEAG
(69) In order to support its arguments expressed by letter of 28 January 1999 and during a meeting between VEAG and the Commission on 12 February in Brussels, VEAG submitted a report commissioned from the chartered accountants PWC Deutsche Revision evaluating the need for the lignite protection clause.
(70) In its letter of 28 January 1999, VEAG argues that any loss of sales whatsoever would be unsustainable. The lignite protection clause in Article 4(3) of the German Act should therefore be applied in full without any restrictions.
(71) The accountants' report calculates target quantities for electricity sales in order to cover VEAG's full costs (p. 24). This calculation is based on data from VEAG's medium-term cost planning of VEAG and cannot therefore be directly compared with data from the published annual accounts. The cost base for calculating the target quantities includes capital costs of [...] %(5) and a margin for a return on equity of [...] %(6) p.a. ([...] %(7) state obligation plus [...] %(8) risk premium), assuming [...] %(9) equity capital.
(72) A comparison between the calculated target quantities for electricity sales and actual electricity sales for 1998, and estimated electricity sales planned by VEAG for 2003 gives the following results: in 1998, actual sales exceeded calculated target quantities by [...] %(10). In 2003, however, target quantities are [...] %(11) higher than planned sales. This leads to the conclusion that future operations will not fully cover costs (p. 27).
(73) The report subsequently examines two scenarios up to 2003. Scenario 1 assumes full application of the lignite protection clause in Article 4(3) of the German Act in VEAG's favour. It concludes that, except for 2000, all years will show a surplus, peaking in 2002, showing a sales margin of [...] %(12) which translates into a return on equity of [...] %(13). Thus it is shown that the abovementioned quantitative gap of [...] %(14) (2003) results in a decreased return on equity from the expected [...] %(15) to [...] %(16) (2002, comparable figure for 2003 not available).
(74) The report also examines a Scenario 2, assuming that consumers representing [...] %(17) of VEAG turnover change to a different supplier. The assumption of [...] %(18) is derived from a [...] %(19) market segment of total electricity production in the new Länder ([...](20) TWh) which is assumed to be lost exclusively from VEAG turnover. This scenario concludes that VEAG's viability will be threatened, although there is no detailed analysis of realistic plant operation, nor are revenues from sales to alternative customers or on spot markets taken into account.
(75) The Commission concludes as follows:
(76) a) the report does not provide for a detailed analysis of VEAG's cost structure according to fixed and variable costs to make it possible to assess short-term marginal costs; nor does it provide any cash-flow analysis in order to assess VEAG's liquidity. This according to the data provided, the short and medium-term viability of VEAG cannot be considered to be directly threatened;
(77) b) the report's conclusions are based on the objective of maintaining full cost coverage including a profit margin ([...] %(21) ROE). As this target is not achieved, even if the lignite protection clause is fully applied in VEAG's favour (resulting in [...] %(22) ROE), the rather pragmatic conclusion is that no restriction on the application of the lignite protection clause would be sustainable;
(78) c) The data provided show that the full-cost accounting approach chosen includes a number of safety nets before VEAG's viability would be seriously called into question:
- [...] %(23) profit margin included in the calculations,
- undisclosed potential margin included in the contract to procure lignite from the related company Laubag(24),
- [...] %(29) equity capital,
- revenues from surplus electricity sales to alternative customers or on spot markets would have to be included when calculating the effect of customer losses;
(79) d) Scenario 2, assuming af [...] %(30) loss of sales, is based on assumptions which cannot be compared with the potential effects of the conditions referred to in 3.2.2 of this Decision.
(80) e) In contrast to the position expressed by the German Government, namely that the lignite protection clause would apply on a case-by-case basis, thereby allowing a degree of market opening, the position expressed by VEAG and supported by the accountants' report makes it clear that VEAG would strive for a systematic refusal of access to all direct and indirect VEAG customers over the full period of application of the clause.
(81) In summary, the Commission recognises VEAG's legitimate concern to maintain sufficient sales in order to ensure the specific economies of scale for lignite-based electricity production. Thus the Commission developed the conditions in 3.2.2 with regard to these concerns, albeit weighed against the equally legitimate needs of electricity consumers. The possibilities for review described above are a further safeguard for the competitiveness and viability of VEAG.
4. Conclusions
(82) The transitional regime was applied for by letter of 12 February 1998. Thus the application is in accordance with the deadline laid down in Article 24(2).
(83) The transitional regime is based on investment commitments arising from a series of contracts concluded in 1990 between the former German Democratic Republic, the Treuhandanstalt, Bayernwerk AG, PreussenElektra AG, RWE Energie AG and the regional electricity companies. The nature of VEAG's investment commitment meets all the criteria of Article 24(1) of the Directive.
(84) As regards the measures proposed, the transitional regime is a derogation from Chapter VII of Directive 96/92/EC, namely refusal of network access, which in principle falls within the scope of Article 24(2) of the Directive. The proposed transitional regime is of limited duration and linked to the expiry of the commitments or guarantees of operation in question. The requirement that the transitional regime applies the least restrictive measures necessary to achieve the legitimate objectives is in principle fulfilled, albeit with two limitations, namely the need to clarify its scope, which is to be limited to the network of the lignite-based electricity-producing company, and clarification of the wording of the German transitional regime, which is not sufficiently clearly defined in order to ensure non-discriminatory, transparent and verifiable application.
(85) The Commission therefore concludes that a number of conditions must be fulfilled in order to ensure the adequate predictability and transparency of the German transitional regime. The conditions can be implemented either through an amendment of the law or through adequate application of provisions or practices on the part of the authority responsible for implementing Article 4(3) of the German Act,
HAS DECIDED AS FOLLOWS:
Article 1
Article 4(3) (new Länder) of the German "Gesetz zur Neuregelung des Energiewirtschaftsrechts" (Energy Act), published in the Bundesgesetzblatt on 28 April 1998, p. 730, which is the single subject of the application for a transitional regime in accordance with Article 24 of Directive 96/92/EC, notified to the Commission on 12 February 1998, shall be considered to be based on a commitment or guarantee of operation within the meaning of Article 24(1) of the Directive.
In the abovementioned case, the commitment within the meaning of Article 24(1) of Directive 96/92/EC is the contract concluded on 22 August 1990 between the German Democratic Republic and the Treuhandanstalt on the one hand and Bayernwerk AG, PreussenElektra AG and RWE Energie AG on the other.
Article 2
In accordance with Article 24(2) of Directive 96/92/EC, Germany shall be entitled to derogate from Article 17 and thus from Chapter VII by applying Article 4(3) (new Länder) of the Energy Act as a transitional regime limited until 31 December 2003, under the following conditions.
(1) Germany shall ensure that the right to network access also remains the general norm in the new Länder, and that every refusal of network access is considered an exception which must be duly substantiated on a case-by-case basis.
(2) Requests for network access may only be refused where they involve the Vereinigte Energiewerke AG (VEAG) transmission network. Regional transmission and distribution system operators may not apply the provisions of the transitional regime. This condition shall be applied not later than two years following publication of this Decision.
(3) A minimum proportion of final electricity consumption must also remain open to competition in the new Länder. Therefore, at least those final consumers consuming more than 100 GWh per year (on a consumption site basis and including autoproduction) within the meaning of Article 19(3) of Directive 96/92/EC shall not be refused network access on the basis of Article 4(3) of the Energy Act. This condition shall be applied not later than two years following publication of this Decision.
Article 3
1. Germany shall submit to the Commission, within three years of the adoption of this Decision, a report on the actual use of network access by final customers in the new Länder. Should this report conclude that the proportion of final consumers who have actually changed to an electricity supplier not producing on the basis of lignite from the new Länder is substantial and endangers the viability of VEAG, the Commission shall review this Decision.
2. Germany shall notify to the Commission every refusal of network access in accordance with Article 4(3) of the Energy Act immediately following unconditional or conditional approval of such refusal at first instance (Landeskartellbehörde or Bundeskartellamt).
3. Germany shall notify to the Commission any change in relation to the Energy Act which may directly or indirectly affect the application of this transitional regime.
Article 4
This decision is addressed to the Federal Republic of Germany.
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COUNCIL DECISION of 22 December 1995 on the provisional application of certain bilateral agreements between the European Community and certain third countries on trade in textile products (Belarus, Hungary, Poland, Romania and Ukraine) (96/224/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 113 in conjunction with Article 228, first sentence, thereof,
Having regard to the proposal from the Commission,
Whereas the Commission has negotiated on behalf of the Community bilateral agreements to amend and, where appropriate, renew the existing bilateral agreements and protocols on trade in textile products with certain third countries;
Whereas these bilateral agreements should be applied on a provisional basis from 1 January 1996, pending the completion of procedures required for their conclusion, subject to reciprocal provisonal application by the partner countries,
HAS DECIDED AS FOLLOWS:
Sole Article
The bilateral agreements listed in the Annex to this Decision, shall be applied on a provisional basis from 1 January 1996, pending their formal conclusion, subject to reciprocal provisional application by the partner countries.
The texts of the initialled agreements are attached to this Decision.
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COMMISSION REGULATION (EC) No 107/2009
of 4 February 2009
implementing Directive 2005/32/EC of the European Parliament and of the Council with regard to ecodesign requirements for simple set-top boxes
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Directive 2005/32/EC of the European Parliament and of the Council of 6 July 2005 establishing a framework for the setting of ecodesign requirements for energy-using products and amending Council Directive 92/42/EEC and Directives 96/57/EC and 2000/55/EC of the European Parliament and of the Council (1), and in particular Article 15(1) thereof,
After consulting the Ecodesign Consultation Forum,
Whereas:
(1)
Under Directive 2005/32/EC ecodesign requirements should be set by the Commission for energy-using products representing significant volumes of sales and trade, having a significant environmental impact and presenting significant potential for improvement in terms of their environmental impact without entailing excessive costs.
(2)
Article 16(2) first indent of Directive 2005/32/EC provides that in accordance with the procedure referred to in Article 19(3) and the criteria set out in Article 15(2), and after consulting the Consultation Forum, the Commission will as appropriate introduce implementing measures targeting consumer electronics.
(3)
The Commission has carried out a preparatory study which analysed the technical, environmental and economic aspects of simple set-top boxes (hereinafter SSTBs). The study has been developed together with stakeholders and interested parties from the EU and third countries, and the results have been made publicly available.
(4)
It has been stated in the preparatory study that the number of SSTBs placed on the Community market will grow from 28 million in 2008 to 56 million in 2014, and the annual electricity consumption of SSTBs will grow from 6 TWh in 2010 to 14 TWh in 2014, but that the electricity consumption of SSTBs can be significantly reduced in a cost effective manner.
(5)
The electricity consumption of SSTBs can be reduced by implementing existing non-proprietary design solutions, which, despite being cost-effective, are not introduced onto the market in a satisfactory way because end-users are unaware of the running costs of SSTBs, providing manufacturers with no incentive to integrate such solutions to reduced power consumption during use.
(6)
Ecodesign requirements for the power consumption of SSTBs should be set with a view to harmonising ecodesign requirements for these devices throughout the Community and contributing to the functioning of the internal market and to the improvement of the environmental performance of these devices.
(7)
This Regulation should increase the market penetration of technologies yielding improved energy efficiency of SSTBs, leading to estimated annual energy savings of 9 TWh in 2014, compared to a business as usual scenario.
(8)
The ecodesign requirements should not have a negative impact on the functionality of the product and should not negatively affect health, safety and the environment.
(9)
A staged entry into force of the ecodesign requirements should provide an appropriate timeframe for manufacturers to redesign products. The timing of the stages should be set in such a way that negative impacts related to the functionalities of equipment on the market are avoided and cost impacts for manufacturers, in particular SMEs, are taken into account, while ensuring timely achievement of the policy objectives.
(10)
Measurements of power consumption should be performed taking into account the generally recognised state of the art; manufacturers may apply harmonised standards established in accordance with Article 9 of Directive 2005/32/EC.
(11)
The requirements laid down in this Regulation should prevail over the requirements laid down in Commission Regulation (EC) No 1275/2008 implementing Directive 2005/32/EC with regard to ecodesign requirements for the standby and off mode power consumption of electrical and electronic household and office equipment (2).
(12)
Pursuant to Article 8(2) of Directive 2005/32/EC, this Regulation should specify that the applicable conformity assessment procedures are the internal design control set out in Annex IV to Directive 2005/32/EC and the management system set out in Annex V to Directive 2005/32/EC.
(13)
In order to facilitate compliance checks manufacturers should be requested to provide information in the technical documentation referred to in Annexes IV and V of Directive 2005/32/EC in so far as it relates to the requirements laid down in this implementing measure.
(14)
Benchmarks for currently available SSTBs with low power consumption should be identified. The availability of a ‘0 W-mode’ on SSTBs could support consumers′ behaviour and decisions to reduce unnecessary loss of energy. Benchmarks help to ensure wide availability and easy access to information, in particular for SMEs and very small firms, which further facilitates the integration of best design technologies for reducing the energy consumption of SSTBs.
(15)
The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 19(1) of Directive 2005/32/EC,
HAS ADOPTED THIS REGULATION:
Article 1
Subject matter and scope
This Regulation establishes ecodesign requirements for simple set-top boxes.
Article 2
Definitions
For the purposes of this Regulation, the definitions set out in Directive 2005/32/EC shall apply. The following definitions shall also apply:
1.
‘Simple set-top box’ (SSTB) means a stand-alone device which, irrespectively of the interfaces used,
(a)
has the primary function of converting standard-definition (SD) or high-definition (HD), free-to-air digital broadcast signals to analogue broadcast signals suitable for analogue television or radio;
(b)
has no ‘conditional access’ (CA) function;
(c)
offers no recording function based on removable media in a standard library format.
A SSTB can be equipped with the following additional functions and/or components which do not constitute a minimum specification of an SSTB:
(a)
time-shift and recording functions using an integrated hard disk;
(b)
conversion of HD broadcast signal reception to HD or SD video output;
(c)
second tuner.
2.
‘Standby mode(s)’ means a condition where the equipment is connected to the mains power source, depends on energy input from the mains power source to work as intended and provides only the following functions, which may persist for an indefinite time:
(a)
reactivation function, or reactivation function and only an indication of enabled reactivation function; and/or
(b)
information or status display.
3.
‘Reactivation function’ means a function enabling the activation of other modes, including active mode, by remote switch, including remote control, internal sensor, timer to a condition providing additional functions, including the main function.
4.
‘Information or status display’ means a continuous function providing information or indicating the status of the equipment in a display, including clocks.
5.
‘Active mode(s)’ means a condition in which the equipment is connected to the mains power source and at least one of the main function(s) providing the intended service of the equipment has been activated.
6.
‘Automatic power down’ means a function which switches the active mode of an SSTB into standby mode after a period in the active mode following the last user interaction and/or channel change.
7.
‘Second tuner’ means a part of the SSTB available for independent recording while allowing to watch a different programme.
8.
‘Conditional access’ (CA) means a provider-controlled broadcasting service requiring a market subscription television service.
Article 3
Ecodesign requirements
The ecodesign requirements for SSTBs are set out in Annex I.
Article 4
Relationship with Regulation (EC) No 1275/2008
The requirements laid down in this Regulation shall prevail over the requirements laid down in Regulation (EC) No 1275/2008.
Article 5
Conformity assessment
The procedure for assessing conformity referred to in Article 8(2) of Directive 2005/32/EC shall be the internal design control system set out in Annex IV to Directive 2005/32/EC or the management system set out in Annex V to Directive 2005/32/EC.
Article 6
Verification procedure for market surveillance purposes
Surveillance checks shall be carried out in accordance with the verification procedure set out in Annex II.
Article 7
Benchmarks
The indicative benchmarks for best-performing products and technology currently available on the market are identified in Annex III.
Article 8
Revision
No later than five years after the entry into force of this Regulation the Commission shall review it in the light of technological progress and present the result of this review to the Consultation Forum.
Article 9
Entry into force
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
Point 1 of Annex I shall apply as from one year after the date referred to in the first paragraph.
Point 2 of Annex I shall apply as from three years after the date referred to in the first paragraph.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 4 February 2009. | [
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COMMISSION REGULATION (EC) No 2606/1999
of 9 December 1999
determining the revised estimate of production of unginned cotton for the 1999/2000 marketing year and the relevant percentage increase
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to the Act of Accession of Greece, and in particular Protocol 4 on cotton, as last amended by Council Regulation (EC) No 1553/95(1),
Having regard to Council Regulation (EC) No 1554/95 of 29 June 1995 laying down general rules for the system of aid for cotton and repealing Regulation (EEC) No 2169/81(2), as last amended by Regulation (EC) No 1419/98(3), and in particular Article 8(2) thereof,
Whereas:
(1) In accordance with Article 8(1) of Regulation (EC) No 1554/95, Commission Regulation (EC) No 1844/98(4) lays down the estimated production of unginned cotton for the 1998/1999 marketing year.
(2) Article 8(2) of Regulation (EC) No 1554/95 lays down that the revised estimate of production of unginned cotton and the percentage increase used in calculating the advance applicable from 16 December of the current marketing year must be determined by 1 December of each marketing year, account being taken of the progress of the harvest. Those figures should be fixed for the 1999/2000 marketing year as indicated below on the basis of the information available. In order to ensure that the new level of advance may be applied from the deadline laid down, this Regulation should enter into force on the day following its publication.
(3) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Flax and Hemp,
HAS ADOPTED THIS REGULATION:
Article 1
1. For the 1999/2000 marketing year, the revised estimate of production of unginned cotton is:
- 1280000 t for Greece,
- 390472 t for Spain,
- 67 t for other Member States.
2. For the 1999/2000 marketing year, the percentage increase referred to in the second subparagraph of Article 5(3a) of Regulation (EC) No 1554/95 shall be 7,5 %.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 December 1999. | [
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COMMISSION DECISION of 13 November 1996 laying down the special conditions for the approval of establishments situated in wholesale markets (Text with EEA relevance) (96/658/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 64/433/EEC of 26 June 1964 on health conditions for the production and marketing of fresh meat (1), as last amended by Directive 95/23/EC (2), and in particular Article 13, third indent,
Having regard to Council Directive 71/118/EEC of 15 February 1971 on health problems affecting the production and placing on the market of fresh poultry meat (3), as last amended by the Act of Accession of Austria, Finland and Sweden of 1994, and in particular Article 20, first indent,
Having regard to Council Directive 77/99/EEC of 21 December 1976 on health problems affecting intra-Community trade in meat products (4), as last amended by Directive 95/68/EC (5), and in particular Article 17, first indent,
Whereas a long tradition of wholesale markets for meat and meat products exists in the Community;
Whereas establishments situated in wholesale markets to which Directives 64/433/EEC, 17/118/EEC and 77/99/EEC apply, have special technical characteristics; these establishments are using certain rooms in common, for example meat cutting rooms;
Whereas it is necessary to take these technical circumstances into account in order to fix conditions for the approval of these establishments situated in wholesale markets;
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
This Decision lays down the special conditions for the approval of establishments according to Council Directives 64/433/EEC, 71/118/EEC and 77/99/EEC situated in wholesale markets.
Article 2
For the purposes of this Decision 'wholesale market` means: a market comprising a number of separate establishments which may share common facilities, including common areas in which fresh meat or fresh poultrymeat are cut, stored, displayed and put on the market or meat products are produced, stored, displayed and put on the market. A wholesale market may be attached to other approved establishments.
Article 3
1. An establishment situated in a wholesale market cannot be placed on the list of approved establishments provided for in Article 10 (1) of Directive 64/433/EEC unless it complies with the conditions of Annex I.
2. An establishment situated in a wholesale market cannot be placed on the list of approved establishments provided for in Article 6 (1) of Directive 71/118/EEC unless it complies with the conditions of Annex II.
3. An establishment situated in a wholesale market cannot be placed on the list of approved establishments provided for in Article 8 (1) of Directive 77/99/EEC unless it complies with the conditions of Annex III.
Article 4
1. The establishments or combinations of establishments operating in a wholesale market can receive a veterinary approval number.
2. The veterinary approval number mentioned in paragraph 1 can be temporarily suspended or withdrawn by the national competent authority if an establishment or combination of establishments no longer fulfils the conditions set out in Community rules. This suspension or withdrawal does not necessarily affect the approval of other establishments of the wholesale market.
Article 5
This decision shall apply from 1 January 1997.
Article 6
This Decision is addressed to the Member States.
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Commission Decision
of 28 January 2002
recognising the fully operational character of the German database for bovine animals
(notified under document number C(2002) 302)
(Only the German text is authentic)
(Text with EEA relevance)
(2002/67/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 1760/2000 of the European Parliament and of the Council of 17 July 2000 establishing a system for the identification and registration of bovine animals and regarding labelling of beef and beef products and repealing Council Regulation (EC) No 820/97(1), and in particular Article 6(3) thereof,
Having regard to the request submitted by Germany,
Whereas:
(1) On 8 September 1999 the German authorities submitted to the Commission a request asking for recognition of the fully operational character of their database that forms part of the German system for the identification and registration of bovine animals.
(2) The German request was accompanied by appropriate information that was updated on 15 February 2001.
(3) The German authorities have undertaken the commitment to improve the reliability of this database ensuring in particular that (i) further measures, including control measures, shall be taken to ensure observation of the delay of seven days at maximum for notification of movements, births and deaths, (ii) all kinds of movements are recorded in the database, and the data are monitored, (iii) the existing measures for promptly correction of any errors or deficiencies which could be detected automatically or following the appropriate on-the-spot inspections, are reinforced, (iv) further measures shall be taken to ensure compliance on the national territory with Commission Regulation (EC) No 2630/97; the German authorities have undertaken the commitment to implement those improvement measures at the latest by 30 June 2001. The German authorities have confirmed the implementation of the abovementioned measures.
(4) In view of the above, it is appropriate to recognise the fully operational character of the database for bovine animals,
HAS ADOPTED THIS DECISION:
Article 1
The German database for bovine animals is recognised as fully operational.
Article 2
This Decision is addressed to Germany.
Done at Brussels, 28 January 2002. | [
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Commission Decision
of 3 April 2001
amending for the third time Decision 2001/208/EC concerning certain protection measures with regard to foot-and-mouth disease in France
(notified under document number C(2001) 1052)
(Text with EEA relevance)
(2001/269/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Decision 2001/208/EC(1) concerning certain protection measures with regard to foot-and-mouth disease in France, as last amended by Decision 2001/250/EC(2), and in particular Article 13a thereof,
Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market(3), as last amended by Directive 92/118/EEC(4), 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(5), as last amended by Directive 92/118/EEC, and in particular Article 9 thereof,
Whereas:
(1) Following the reports of new outbreaks of foot-and-mouth disease in France the Commission by adopting Decision 2001/250/EC extended and prolonged the measures introduced by Decision 2001/208/EC concerning certain protection measures with regard to foot-and-mouth disease in France.
(2) The geographic scope for the areas subjected to the measures provided for in this Decision should not be maintained any longer than necessary under objectively defined circumstances, and therefore, in accordance with Article 13a of the Decision, the measures applicable in areas in Annex I should be limited to certain departments as of 3 April 2001 by Commission Decision.
(3) In accordance with this same Article, France has notified the Commission on 2 April that no further outbreaks of foot and mouth disease were reported since 30 March 2001, and that all clinical examinations and laboratory tests undertaken in the relevant holdings had given negative results.
(4) The Commission informed the other Member States immediately by fax of the need to adapt their measures according to the new situation.
(5) The situation shall be reviewed at the meeting of the Standing Veterinary Committee scheduled for 4 April 2001 and the measures adapted where necessary,
HAS ADOPTED THIS DECISION:
Article 1
Commission Decision 2001/208/EC is amended as follows:
1. The date referred to in Article 2(2)(a), Article 3(3)(a) and (c), Article 5(2)(a) and (3)(b), Article 6(3), Article 7(2) and Article 8(1) is replaced by "25 February 2001".
2. In Annex I the words "All departments of mainland France" are replaced by "Seine-et-Marne, Seine-Saint-Denis and Val d'Oise".
3. In Annex II the words " All departments of mainland France" are replaced by "All departments of mainland France except those in Annex I".
Article 2
This Decision is addressed to the Member States. It shall apply with effect from 3 April 2001.
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COUNCIL REGULATION (EEC) No 1515/91 of 31 May 1991 opening and providing for the administration of Community tariff quotas for frozen hake fillets and for processing work in respect of certain textile products under Community outward processing arrangements
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas the Community has undertaken, within the framework of its external relations, to open each year for periods of, respectively, 1 July to 31 December and 1 September to 31 August of the following year, Community tariff quotas for 5 000 tonnes at 10 % duty for frozen fillets of hake presented in the form of industrial blocks with bones ('standard') and, after various adaptations, a duty-free Community tariff quota for ECU 1 870 000 of added value for various kinds of processing work in respect of certain textile products under outward processing arrangements; whereas the tariff quotas in question should accordingly be opened for the agreed periods and in accordance with the agreed elements;
Whereas provision should be made in particular to ensure equal and continuous access for those concerned to the quotas in question and consistent application, until the quotas are exhausted, of the rate prescribed for the said quotas to all goods which are imported or re-imported into any of the Member States and which meet the prescribed conditions; whereas it is appropriate to take the necessary measures to ensure efficient Community administration of these tariff quotas while offering the Member States the opportunity to draw from the quota volumes the necessary quantities corresponding to actual imports or re-imports;
Whereas, since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united within, and jointly represented by, the Benelux Economic Union, all transactions concerning the administration of the shares levied by that economic union may be carried out by any one of its members,
HAS ADOPTED THIS REGULATION: Article 1
1. From 1 July to 31 December 1991 the customs duty applicable to the import of the products listed below shall be suspended at the levels and within the limit of the Community tariff quota shown herewith:
Order No CN code
(1) Description Amount
of quota
(tonnes) Quota duty
(%) 09.0037 ex 0304 20 57 Frozen fillets of hake (Merluccius spp.) presented in the form of industrial blocks with bones ('standard') 5 000 10
(1) Taric codes 0304 20 57 * 31 and 0304 20 57 * 39.
2. Where the Community has fixed a reference price for the products or categories of products concerned, imports of fillets of hake shall benefit from the relevant quota fixed in paragraph 1 only if the free-at-frontier price determined by the Member States in accordance with Article 21 of Regulation (EEC) No 3796/81 (1), as last amended by Regulation (EEC) No 2886/89 (2), is at least equal to the reference price.
3. Imports of these products shall not be charged against this tariff quota if they are already eligible for an equal or lower customs duty under other preferential tariff treatment. Article 2
1. From 1 September 1991 to 31 August 1992 the customs duties applicable to re-imports of the following products shall be totally suspended within the limit of the Community tariff quota shown herewith:
Order No CN code Description Volume of
tariff quota 09.2501 Goods resulting from processing work as provided for in the arrangement with Switzerland on processing traffic in textiles as follows: (a) processing work on woven fabrics falling within Chapters 50 to 55 and CN code 5809 00 00 (b) twisting or throwing, cabling and texturizing (whether or not combined with other processing work) of yarns falling within Chapters 50 to 55 and CN code 5605 00 00 (c) processing work on products falling within the following CN codes: 5606 00 Gimped yarn, and strip and the like of code 5404 or 5405, gimped (other than those of code 5605 and gimped horsehair yarn): chenille yarn (including flock chenille yarn); loop wale-yarn: Other: 5606 00 91 Gimped yarn 5606 00 99 Other 5801 Woven pile fabrics and chenille fabrics, other than fabrics of code 5802 or 5806: 5801 10 00 Of wool or fine animal hair Of cotton: 5801 22 00 Cut corduroy 5801 23 00 Other weft pile fabrics 5801 24 00 Warp pile fabrics, épinglé (uncut) 5801 25 00 Warp pile fabrics, cut 5801 26 00 Chenille fabrics ECU 1 870 000 of value added Of man-made fibres: 5801 32 00 Cut corduroy 5801 33 00 Other weft pile fabrics 5801 34 00 Warp pile fabrics, épinglé (uncut) 5801 35 00 Warp pile fabrics, cut 5801 36 00 Chenille fabrics 5801 90 Of other textile materials: 5801 90 10 Of flax 5801 90 90 Other 5802 Terry towelling and similar woven terry fabrics, other than narrow fabrics of code 5806; tufted textile fabrics, other than products of code 5703 5804 Tulles and other net fabrics, not including woven, knitted or crocheted fabrics; lace in the piece, in strips or in motifs 5806 Narrow woven fabrics, other than goods of code 5807; narrow fabrics consisting of warp without weft assembled by means of an adhesive (bolducs) 5808 Braids in the piece; ornamental trimmings in the piece, without embroidery other than knitted or crocheted; tassels, pompoms and similar articles 6001 Pile fabrics, including 'long pile' fabrics and terry fabrics, knitted or crocheted 6002 Other knitted or crocheted fabrics
2. For the purposes of this Article:
(a) 'processing work' shall mean:
- for the purposes of paragraph 1 (a) and (c) appearing in the table: bleaching, dyeing, printing, flocking, impregnating, dressing and other work which changes the appearance or quality of the goods, without however changing their nature,
- for the purposes of paragraph 1 (b) appearing in the table: twisting or throwing, cabling and texturizing, whether or not combined with reeling, dyeing or other work which changes the appearance, quality or finish of the goods, without however changing their nature;
(b) 'value added' shall mean the difference between the value for customs purposes as defined in Community regulations on this subject at the time of re-importation and the value for customs purposes as it would be if the products were re-imported in the state in which they were exported.
3. Re-imports of products, resulting from this processing work may not be charged to the tariff quota if they are already free of customs duties under other preferential tariff arrangements. Article 3
Within the limits of these tariff quotas, the Kingdom of Spain and the Portuguese Republic shall apply customs duties calculated in accordance with the provisions of the Act of Accession and, where appropriate, of the Protocols concluded by reason of that accession. Article 4
The tariff quota referred to in Articles 1 and 2 shall be administered by the Commission, which may take any appropriate measure with a view to ensuring the efficient administration thereof. Article 5
If an importer presents in a Member State an entry for release for free circulation, including a request for preferential benefit for a product covered by this Regulation, and if this declaration is accepted by the customs authorities, the Member State concerned shall draw, from the tariff quota, by means of notification to the Commission, a quantity corresponding to these needs.
The request for drawing, with the indication of the date of acceptance of the said declarations, must be communicated to the Commission without delay.
The drawings are granted by the Commission on the basis of the date of acceptance of the entries for release for free circulation by the customs authorities of the Member State concerned, to the extent that the available balance so permits.
If a Member State does not use the quantities drawn, it shall return them as soon as possible to the tariff quota.
If the quantities requested are greater than the available balance of the tariff quota, allocation shall be made on a pro rata basis with respect to the requests. Member States shall be informed thereof by the Commission. Article 6
Each Member State shall ensure that importers of the products concerned have equal and continuous access to the quotas for such times as the balance of the tariff quota so permits. Article 7
Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with. Article 8
This Regulation shall enter into force on 1 July 1991. This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COUNCIL REGULATION (EEC) N° 3771/85
of 20 December 1985
on stocks of agricultural products in Portugal
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Act of Accession of Spain and Portugal, and in particular Article 258 (3) thereof,
Having regard to the proposal from the Commission,
Whereas Article 254 of the Act of Accession provides that any stock of products in free circulation in Portuguese territory on 1 March 1986 which in quantity exceeds that which may be considered representative of a normal carry-over stock must be eliminated by and at the expense of the Portuguese Republic;
Whereas Article 254 of the Act of Accession does not apply to products subject to transition in stages until the date on which the second stage commences;
Whereas, in the case of certain products, the level of any stocks need not be determined either for reasons relating to the nature of such products or the common organization of the markets, or because of the fact that no financing is provided by the European Agricultural Guidance and Guarantee Fund;
Whereas, for reasons relating to the management of agricultural markets, care should be taken to ensure that the elimination of the products as referred to in Article 254 of the Act of Accession does not lead to the creation of two parallel markets for the same product; whereas the aim laid down in that Article may be achieved within the framework of financing measures;
Whereas the expression 'any stock of product' covers both public and private stocks;
Whereas criteria should be defined to enable the quantity considered as a normal carry-over stock to be determined; whereas, to this end, account should be taken of the requirements of the Portuguese market for a period which may vary depending on the type of product;
Whereas, as a rule, the stocks to be eliminated at the expense of the Portuguese Republic may be determined from data already available or on the basis of estimates; whereas provision should nevertheless be made for the possibility of a survey;
Whereas, pursuant to the second sentence of Article 254 of the Act of Accession, the concept of normal carry-over stock shall be defined for each product on the basis of the criteria and objectives particular to each common organization of the markets;
Whereas, for tobacco, Article 297 of the Act of Accession provides that prices shall be fixed only for the first harvest following accession; whereas tobacco obtained from harvests preceding accession cannot be the subject of a market support measure and whereas, as a result, disposal thereof must be borne by the Portuguese Republic;
Whereas, pursuant to Article 2 (3) of the Treaty of Accession of Spain and Portugal, the institutions of the Communities may adopt, before accession, the measures referred to in Article 258 of the Act of Accession, such measures entering into force subject to, and on the date of, the entry into force of the said Treaty,
HAS ADOPTED THIS REGULATION:
Article 1
This Regulation shall lay down the general rules for the application of Article 254 of the Act of Accession.
Article 2
This Regulation shall not cover products:
- which may not be stored,
- in which there is no likelihood of speculation, or
- for which there are no export refunds, nor intervention within the meaning of Article 3 (1) of Council Regulation (EEC) N° 729/70 of 21 April 1970 on the financing of the common agricultural policy (1).
Article 3
1. Products shall be considered as being in free circulation in Portuguese territory where:
(a) they are obtained entirely in Portugal;
(b) they are:
- obtained totally or partly from products from countries other than Portugal, or
- imported into Portugal,
in respect of which import formalities have been completed and on which customs duties and equivalent charges have been collected in Portugal, without any total or partial drawback thereof.
2. With the exception of very small quantities, any quantity of products belonging to or held by the Portuguese Republic or by any natural or legal persons shall be considered as stocks of products.
Article 4
A survey may be taken in order to determine the stocks of products in Portuguese territory on 1 March 1986. However, in the case of products subject to transition in stages, this date shall be replaced for each sector by the date on which the second stage commences.
Article 5
1. Except where special provisions regarding certain products are adopted, the operating stocks necessary for the requirements of the Portuguese market for a period to be determined shall be considered as normal carry-over stocks.
The period shall be determined in such a way as to ensure smooth transition to the 1986/87 marketing year for each product concerned; where no marketing year exists, this period may not extend beyond 31 December 1986, or, in the case of the products referred to in the second sentence of Article 4, beyond 31 December of the year in which the second stage commences.
The requirements of the Portuguese market shall be assessed in particular on the basis of consumption, processing and traditional exports, bearing in mind the criteria and objectives particular to each common organization of the markets.
In the olive oil sector, the following shall be treated as normal carry-over stocks, up to a quantity to be determined:
- private stocks,
- public stocks.
2. However, stocks comprising quantities of products involved in abnormal and speculative movements shall not be considered as normal carry-over stocks.
For the purposes of applying this paragraph, a decrease in trade in the products concerned may be considered as an abnormal movement.
3. The quantities of two or more different products may be taken together for the assessment of the normal carry-over stock.
Article 6
1. While it shall be the subject of specific declarations to the Commission as part of the documents forwarded in accordance with Article 5 of Regulation (EEC) N° 729/70, expenditure on refunds and, where appropriate, onintervention arising from the disposal of quantities of products of which stocks as referred to in the first sentence of Article 254 of the Act of Accession are determined shall not be taken into account by the European Agricultural Guidance and Guarantee Fund, Guarantee Section.
2. The quantities of products of which stocks as referred to in Article 254 of the Act of Accession are determined shall be considered as being disposed of first.
3. The quantity of product and the type of expenditure which shall not be taken into account shall be determined for each product concerned.
Where several types of expenditure may apply to one and the same product, the quantities of that product shall be determined for each type of expenditure and may vary with the latter. If the expenditure depends on the quality of the product, this shall also be taken into account.
4. Detailed rules for the application of paragraph 1 shall be adopted, as necessary, in accordance with the procedure laid down in Article 13 of Regulation (EEC) N° 729/70.
Article 7
Where the market situation, in the light in particular of patterns of trade and deliveries to intervention, indicates that the quantities of products taken into account for the determination of stocks are inappropriate, the Council, acting by a qualified majority on a proposal from the Commission, shall adopt the necessary measures.
Article 8
1. Detailed rules for the applicaton of this Regulation shall be adopted in accordance with the procedure laid down in Article 38 of Council Regulation (EEC) N° 136/66/EEC of 22 September 1966 on the establishment of a common organization of the market in oils and fats (1) or, as the case may be, in corresponding Articles in other regulations on the common organization of the agricultural markets.
2. The detailed rules referred to in paragraph 1 shall relate in particular to:
(a) the determination of stocks as referred to in Article 254 of the Act of Accession in the case of products the quantities of which exceed normal carry-over stocks;
(b) the determination referred to in Article 6 (3);
(c) the notifications to be forwarded to the Commission by the Portuguese Republic;
(d) the procedures for disposing of surplus products.
3. The detailed rules referred to in paragraph 1 may make provision for:
(a) a list of products in respect of which the Portuguese Republic carries out a survey of stocks;
(b) the collection of a charge on export from the Member State of storage to another Member State or to a third country, in cases where the products are exported at an abnormally low price level bearing in mind the price level applying in the exporting Member State;
(c) the collection of a charge in cases where a party concerned does not comply with the procedures for disposing of surplus products.
Article 9
This Regulation shall enter into force on 1 January 1986, subject to the entry into force of the Treaty of Accession of Spain and Portugal.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 December 1985. | [
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Commission Regulation (EC) No 367/2002
of 27 February 2002
fixing the export refunds on olive oil
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common organisation of the market in oils and fats(1), as last amended by Regulation (EC) No 1513/2001(2), and in particular Article 3(3) thereof,
Whereas:
(1) Article 3 of Regulation No 136/66/EEC provides that, where prices within the Community are higher than world market prices, the difference between these prices may be covered by a refund when olive oil is exported to third countries.
(2) The detailed rules for fixing and granting export refunds on olive oil are contained in Commission Regulation (EEC) No 616/72(3), as last amended by Regulation (EEC) No 2962/77(4).
(3) Article 3(3) of Regulation No 136/66/EEC provides that the refund must be the same for the whole Community.
(4) In accordance with Article 3(4) of Regulation No 136/66/EEC, the refund for olive oil must be fixed in the light of the existing situation and outlook in relation to olive oil prices and availability on the Community market and olive oil prices on the world market. However, where the world market situation is such that the most favourable olive oil prices cannot be determined, account may be taken of the price of the main competing vegetable oils on the world market and the difference recorded between that price and the price of olive oil during a representative period. The amount of the refund may not exceed the difference between the price of olive oil in the Community and that on the world market, adjusted, where appropriate, to take account of export costs for the products on the world market.
(5) In accordance with Article 3(3) third indent, point (b) of Regulation No 136/66/EEC, it may be decided that the refund shall be fixed by tender. The tendering procedure should cover the amount of the refund and may be limited to certain countries of destination, quantities, qualities and presentations.
(6) The second indent of Article 3(3) of Regulation No 136/66/EEC provides that the refund on olive oil may be varied according to destination where the world market situation or the specific requirements of certain markets make this necessary.
(7) The refund must be fixed at least once every month. It may, if necessary, be altered in the intervening period.
(8) It follows from applying these detailed rules to the present situation on the market in olive oil and in particular to olive oil prices within the Community and on the markets of third countries that the refund should be as set out in the Annex hereto.
(9) The Management Committee for Oils and Fats has not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
The export refunds on the products listed in Article 1(2)(c) of Regulation No 136/66/EEC shall be as set out in the Annex hereto.
Article 2
This Regulation shall enter into force on 28 February 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 February 2002. | [
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*****
COUNCIL DECISION
of 5 June 1989
on a Community action programme for improving the efficiency of electricity use
(89/364/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas, in its resolution of 15 January 1985 on the improvement of energy-saving programmes in Member States (4), the Council invited Member States to pursue and where necessary increase their efforts to promote the more rational use of energy by the further development of integrated energy-saving policies;
Whereas, in its resolution of 16 September 1986 (5) concerning new Community energy policy objectives for 1995 and convergence of the policies of the Member States, the Council called for a vigorous policy of energy saving;
Whereas electricity production contributes by more than 35 % to the coverage of the Community's total primary energy consumption and whereas electricity consumption accounts for over 17 % of the Community's total final energy consumption;
Whereas improvements in the efficiency of electricity use would bring benefits in terms of lower primary energy consumption, reduced investment in electricity production capacity, reduced emission levels and lower electricity costs to consumers;
Whereas there is significant potential for improving the efficiency of electricity use and whereas specific action is required to exploit this potential;
Whereas an immediate consequence of saving energy is the saving of non-renewable raw materials and a reduction in the pollution of the environment, and whereas this is therefore consistent with the objectives laid down by Article 130r (1) of the Treaty;
Whereas, to achieve improvements in the efficiency of electricity use, electricity consumers should be encouraged to use the most efficient electrical appliances and equipment and whereas the efficiency of such appliances and equipment and of electrically-based processes should be further improved;
Whereas a Community action programme should be instituted to achieve these objectives, and whereas the Treaty does not provide for the action concerned, powers other than those of Article 235;
Whereas such a Community action programme would be complementary to other actions in the general field of energy saving;
Whereas the Community action programme would involve not only the Commission and Member State Governments but also other parties in the electricity sector notably the electricity consumers' organizations, and professional institutions,
HAS ADOPTED THIS DECISION:
Article 1
1. A Community action programme, hereinafter called 'Programme', for improving the efficiency of electricity use shall be instituted.
2. The Programme shall have as its twin objectives, inasmuch as this is technically and, in the long term, economically justified:
- to influence electricity consumers in favour of the use of appliances and equipment with high electrical efficiency in the most efficient manner, and
- to encourage further improvements in the efficiency of electrical appliances and equipment and of electricity-based processes.
Article 2
1. The action which may be taken under the Programme is summarized in the Annex.
2. The carrying-out of any or all of those activities shall depend on the specific situation of each Member State in relation to the Community objective to be achieved as defined in Article 1.
Article 3
In the context of the management and execution of measures under the Programme in its territory each Member State shall appoint a body to recommend and coordinate the implementation of action to carry out the Programme, in cooperation with the interested parties. The Member States shall set up such bodies as necessary.
Article 4
1. The Commission shall:
(a) coordinate, at Community level:
- action taken under the Programme, in conjunction, where necessary, with other existing programmes;
- the exchange of information and experience;
(b) monitor the Programme's progress and results.
2. In this connection, the Commission shall be responsible for technical support to the management of the Programme and for the management of actions which it takes with a view to the successful implementation of the Programme.
3. The Commission shall report regularly to the European Parliament, the Council and the Economic and Social Committee on the progress of the Programme and, where appropriate, on any additional measures which it envisages proposing to achieve the aims of the Programme. The first such report shall be submitted not later than eighteen months following the date on which this Decision takes effect, and ensuring reports at intervals not exceeding eighteen months.
Article 5
The Commission shall be assisted by a Committee of an advisory nature composed of the representatives of the Member States and chaired by the representative of the Commission.
The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft within a time limit which the Chairman may lay down according to the urgency of the matter, if necessary by taking a vote.
The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask to have its position recorded in the minutes.
The Commission shall take the utmost account of the opinion delivered by the Committee. It shall inform the Committee of the manner in which its opinion has been taken into account.
Article 6
If the achievement of the Programme objectives requires further Community action, the Commission shall lay before the Council any appropriate proposals for the purpose pursuant to the provisions of the Treaty.
Article 7
Before a period of three years has elapsed, the Programme and the procedures established for its implementation shall be re-examined, on the basis of a report by the Commission with a view to examining their effectiveness and their possible improvement.
Article 8
The Member States shall bring into force the provisions necessary to comply with this Decision not later than nine months after its adoption. They shall forthwith inform the Commission thereof.
Article 9
This Decision is addressed to the Member States.
Done at Luxembourg, 5 June 1989. | [
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COMMISSION REGULATION (EEC) No 384/93 of 19 February 1993 introducing special surveillance of imports of apples from third countries
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common organization of the market in fruit and vegetables (1), as last amended by Regulation (EEC) No 1754/92 (2), and in particular Article 29 (2) thereof,
Whereas Council Regulation (EEC) No 2707/72 (3) lays down the conditions for applying protective measures for fruit and vegetables;
Whereas this marketing year the production of apples in the Community is well up on the average for the last few years; whereas producer prices are, to a varying extent depending on the market concerned, well below those of the preceding marketing year; whereas unsold stocks are appreciably higher than at the same time last year despite the withdrawal of large quantities since the beginning of the marketing year;
Whereas, because of this high production, excessive imports of apples during this marketing year would be likely to cause serious market disturbance which might endanger the objectives set out in Article 39 of the Treaty;
Whereas measures should accordingly be adopted which will allow close monitoring of apple imports until the end of the period of importation; whereas the system which is best suited to that purpose would be a system of import licences which provides for a waiting period between the application for a licence and the latter's date of issue and involves the lodging of a security to ensure that importers fulfil their obligations;
Whereas it is advisable to apply the provisions of Commission Regulation (EEC) No 3719/88 of 16 November 1988 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (4), as last amended by Regulation (EEC) No 2101/92 (5), subject to the application of certain provisions specific to this Regulation;
Whereas, in order to take account of the special situation of prodcs in transit to the Community on the date of entry into force of this Regulation, import licences applied for before 27 February 1993 should be issued without delay,
HAS ADOPTED THIS REGULATION:
Article 1
The release before 1 September 1993, for free circulation within the Community, of apples falling within codes 0808 10 31, 0808 10 33, 0808 10 39, 0808 10 51, 0808 10 53, 0808 10 59, 0808 10 81, 0808 10 83 and 0808 10 89 shall be subject to the presentation of an import licence issued, in accordance with Articles 2 and 3, by the Member States concerned to all apllicants irrespective of where their place of business is located in the Community.
Article 2
1. The import licence shall be issued subject to the lodging of a security of ECU 1,5 per 100 kilograms net. The security shall be forfeit in whole or in part if, during the period of validity of the licence, the quantities stated in the licence are not released for free circulation or are released for circulation in part only.
2. Import licences shall be valid for 40 days from their date of issue as defined in Article 3 (2). However, their validity shall not go beyond 31 August 1993.
3. The provisions of Regulation (EEC) No 3719/88 shall apply, subject to the following specific provisions:
- the fourth indent of Article 5 (1) and Article 8 (4) shall not apply. The quantity released for free circulation may not be more than that indicated in boxes 17 and 18 of the licence; the figure 0 shall be entered in box 19 of the licence accordingly,
- notwithstanding Article 8 (5), the obligation to import shall be deemed to be fulfilled when the quantity imported is not more than 7 % below the quantity indicated on the licence,
- notwithstanding the second sentence of Article 9 (1), rights deriving from the import licence shall not be transferable,
- notwithstanding the first subparagraph of Article 33 (2), where the obligation to import has not been fulfilled the security shall be forfeit in respect of a quantity equal to the difference between:
- 93 % of the net quantity indicated on the licence, and
- the net quantity actually imported.
Article 3
1. The product's country of origin shall be stated in box 8 of both the application for an import licence and the licence itself. The import licence shall be valid only for products originating in the country shown in the said box 8.
2. Import licences shall be issued on the fifth working day following the day on which the application is lodged unless measures are taken within that time.
However, import licences applied for before 27 February 1993 shall be issued without delay.
Article 4
The Member States shall notify the Commission of:
1. the quantities of apples, by CN code and by country of origin, for which applications for import licences have been received.
Such notifications shall take place:
- every Wednesday, in respect of applications lodged on the Monday or Tuesday of that week,
- every Friday, in respect of applications lodged on the Wednesday or Thursday of that week,
- every Monday, in respect of applications lodged the preceding week on Friday;
2. the quantities covered by import licences which have not been used or which have been used only in part, corresponding to the difference between the quantities entered on the back of the licences and the quantities for which the licences were issued.
Such notifications shall take place every Wednesday, in respect of information received the previous week.
If no applications for import licences have been submitted during one of the periods specified in point 1 of if there are no unused quantities within the meaning of point 2, the Member States in question shall so inform the Commission on the days indicated in this Article.
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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Council Decision
of 4 March 2002
concerning the conclusion of the Fourth Amendment to the Montreal Protocol on substances that deplete the ozone layer
(2002/215/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 175(1) in conjunction with the first sentence of Article 300(2) and first subparagraph of Article 300(3) thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the European Parliament(2),
Whereas:
(1) The Community, by reason of its responsibilities for the environment, by Decision 88/540/EEC(3) became a party to the Vienna Convention for the protection of the ozone layer and the Montreal Protocol on substances that deplete the ozone layer, and by Decision 91/690/EEC(4) approved the First Amendment to the said Protocol, by Decision 94/68/EC(5) approved the Second Amendment to the said Protocol and by Decision 2000/646/EC(6) approved the Third Amendment to the said Protocol.
(2) Recent evidence indicates that for the adequate protection of the ozone layer a higher degree of control of trade in ozone depleting substances is required than is provided by the Montreal Protocol, as amended in 1997. The same evidence indicates that there should be additional measures to control production of ozone-depleting substances and in particular on hydrochlorofluorcarbons and new substances.
(3) A Fourth Amendment to the Montreal Protocol introducing these controls was adopted by the Parties in December 1999 in Beijing.
(4) The Commission, on behalf of the Community, took part in the negotiation and adoption of that amendment.
(5) The Community has adopted measures in the area covered by the amendment, in particular in Regulation (EC) No 2037/2000 of the European Parliament and of the Council of 29 June 2000 on substances that deplete the ozone layer(7), and it should, therefore, undertake international commitments in that area.
(6) It is necessary for the Community to approve the Fourth Amendment to the Montreal Protocol because its provisions relate to production and trade in controlled substances between the Community and other Parties, the implementation of which is the responsibility of the Community,
HAS DECIDED AS FOLLOWS:
Article 1
The Fourth Amendment to the Montreal Protocol on substances that deplete the ozone layer is hereby approved on behalf of the Community.
The text of this Amendment is attached to this Decision.
Article 2
The President of the Council is hereby authorised to designate the person or persons empowered to deposit the instrument of approval of this Fourth Amendment on behalf of the Community with the Secretary-General of the United Nations in accordance with Article 13 of the Vienna Convention for the Protection of the Ozone Layer as read in conjunction with Article 3 of the Fourth Amendment to the Montreal Protocol.
Article 3
This Decision shall be published in the Official Journal of the European Communities.
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COMMISSION DECISION of 24 October 1997 on financial aid from the Community for the operation of the Community reference laboratory for classical swine fever, Hannover, Germany (97/749/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (1), as last amended by Decision 94/370/EEC (2), and in particular Article 28 (2) thereof,
Whereas Annex VI to Council Directive 80/217/EEC of 22 January 1980 introducing Community measures for the control of classical swine fever (3), as last amended by the Act of Accession of Austria, Finland and Sweden, designates the Institute of Virology, School of Veterinary Medicine, Hannover, Germany, as the reference laboratory for classical swine fever;
Whereas all functions and duties which the laboratory has to perform are specified in Annex VI to that Directive; whereas Community assistance must be conditional on the accomplishment of these;
Whereas the Community financial aid should be granted to the Community reference laboratory to enable it to carry out the said functions and duties;
Whereas for budgetary reasons the Community assistance should be granted for a period of one year;
Whereas for supervisory purposes Articles 8 and 9 of Council Regulation (EEC) No 729/70 of 21 April 1970 on financing of the common agricultural policy (4), as last amended by Regulation (EC) No 1287/95 (5), should apply;
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 Community shall grant Germany financial assistance for the functions and duties to be carried out in the Community reference laboratory for classical swine fever at the Institute for Virology, School of Veterinary Medicine, Hannover, Germany.
Article 2
The Institute for Virology, School of Veterinary Medicine, Hannover, Germany, shall perform the functions and duties to which Article 1 relates. The provisions of Annex VI of Council Directive 80/217/EEC shall apply.
Article 3
The Community's financial assistance shall be a maximum of ECU 150 000 for the period from 1 October 1997 to 30 September 1998.
Article 4
The Community's financial assistance shall be paid as follows:
- 70 % by way of an advance at Germany's request,
- the balance following presentation of supporting technical and financial documents. These documents must be presented before 1 December 1998.
Article 5
Articles 8 and 9 of Council Regulation (EEC) No 729/70 shall apply mutatis mutandis.
Article 6
This Decision is addressed to Germany.
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*****
COMMISSION DECISION
of 29 June 1988
concerning the areas referred to in Article 3 (2) of Council Regulation (EEC) No 328/88 instituting a Community programme to assist the conversion of steel areas (Resider)
(Only the English text is authentic)
(88/444/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 328/88 of 2 February 1988 instituting a Community programme to assist the conversion of steel areas (Resider programme) (1), and in particular Article 3 (2) thereof,
Whereas Article 3 (2) of Regulation (EEC) No 328/88 provides that the Community programme shall apply to those areas which meet the criteria laid down in Article 3 (1) and the thresholds laid down in Article 4 (1) of that Regulation;
Whereas the areas likely to be eligible to benefit from the Community programme must be the subject of an application by the Member State in question; whereas the United Kingdom has submitted such an application to the Commission;
Whereas the employment basin comprising the county of South Yorkshire (including the travel-to-work area of Sheffield) and the travel-to-work area of Scunthorpe in the counties of Humberside and Lincolnshire conforms to the abovementioned criteria and thresholds,
HAS ADOPTED THIS DECISION:
Article 1
1. The employment basin comprising the county of South Yorkshire (including the travel-to-work area of Sheffield) and the travel-to-work area of Scunthorpe in the counties of Humberside and Lincolnshire in the United Kingdom satisfies the criteria stated in Article 3 (1) and the thresholds stated in Article 4 (1) of Regulation (EEC) No 328/88. The Community programme instituted by the Regulation in question shall therefore apply to that area.
2. The references to travel-to-work areas in paragraph 1 are to those areas as constituted on 27 September 1984.
Article 2
This Decision is addressed to the United Kingdom.
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Directive 2003/71/EC of the European Parliament and of the Council
of 4 November 2003
on the prospectus to be published when securities are offered to the public or admitted to trading and amending Directive 2001/34/EC
(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 Articles 44 and 95 thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the European Economic and Social Committee(2),
Having regard to the opinion of the European Central Bank(3),
Acting in accordance with the procedure laid down in Article 251 of the Treaty(4),
Whereas:
(1) Council Directives 80/390/EEC of 17 March 1980 coordinating the requirements for the drawing up, scrutiny and distribution of the listing particulars to be published for the admission of securities to official stock exchange listing(5) and 89/298/EEC of 17 April 1989 coordinating the requirements for the drawing up, scrutiny and distribution of the prospectus to be published when transferable securities are offered to the public(6) were adopted several years ago introducing a partial and complex mutual recognition mechanism which is unable to achieve the objective of the single passport provided for by this Directive. Those directives should be upgraded, updated and grouped together into a single text.
(2) Meanwhile, Directive 80/390/EEC was integrated into Directive 2001/34/EC of the European Parliament and of the Council of 28 May 2001 on the admission of securities to official stock exchange listing and on information to be published on those securities(7), which codifies several directives in the field of listed securities.
(3) For reasons of consistency, however, it is appropriate to regroup the provisions of Directive 2001/34/EC which stem from Directive 80/390/EEC together with Directive 89/298/EEC and to amend Directive 2001/34/EC accordingly.
(4) This Directive constitutes an instrument essential to the achievement of the internal market as set out in timetable form in the Commission communications "Risk capital action plan" and "Implementing the framework for financial market: Action Plan" facilitating the widest possible access to investment capital on a Community-wide basis, including for small and medium-sized enterprises (SMEs) and start-ups, by granting a single passport to the issuer.
(5) On 17 July 2000, the Council set up the Committee of Wise Men on the regulation of European securities markets. In its initial report of 9 November 2000 the Committee stresses the lack of an agreed definition of public offer of securities, with the result that the same operation is regarded as a private placement in some Member States and not in others; the current system discourages firms from raising capital on a Community-wide basis and therefore from having real access to a large, liquid and integrated financial market.
(6) In its final report of 15 February 2001 the Committee of Wise Men proposed the introduction of new legislative techniques based on a four-level approach, namely framework principles, implementing measures, cooperation and enforcement. Level 1, the directive, should confine itself to broad, general "framework" principles, while Level 2 should contain technical implementing measures to be adopted by the Commission with the assistance of a committee.
(7) The Stockholm European Council of 23 and 24 March 2001 endorsed the final report of the Committee of Wise Men and the proposed four-level approach to make the regulatory process for Community securities legislation more efficient and transparent.
(8) The resolution of the European Parliament of 5 February 2002 on the implementation of financial services legislation also endorsed the Committee of Wise Men's final report, on the basis of the solemn declaration made before Parliament the same day by the Commission and the letter of 2 October 2001 addressed by the Internal Market Commissioner to the chairman of Parliament's Committee on Economic and Monetary Affairs with regard to the safeguards for the European Parliament's role in this process.
(9) According to the Stockholm European Council, Level 2 implementing measures should be used more frequently to ensure that technical provisions can be kept up to date with market and supervisory developments and deadlines should be set for all stages of Level 2.
(10) The aim of this Directive and its implementing measures is to ensure investor protection and market efficiency, in accordance with high regulatory standards adopted in the relevant international fora.
(11) Non-equity securities issued by a Member State or by one of a Member State's regional or local authorities, by public international bodies of which one or more Member States are members, by the European Central Bank or by the central banks of the Member States are not covered by this Directive and thus remain unaffected by this Directive; the abovementioned issuers of such securities may, however, if they so choose, draw up a prospectus in accordance with this Directive.
(12) Full coverage of equity and non-equity securities offered to the public or admitted to trading on regulated markets as defined by Council Directive 93/22/EEC of 10 May 1993 on investment services in the securities field(8), and not only securities which have been admitted to the official lists of stock exchanges, is also needed to ensure investor protection. The wide definition of securities in this Directive, which includes warrants and covered warrants and certificates, is only valid for this Directive and consequently in no way affects the various definitions of financial instruments used in national legislation for other purposes, such as taxation. Some of the securities defined in this Directive entitle the holder to acquire transferable securities or to receive a cash amount through a cash settlement determined by reference to other instruments, notably transferable securities, currencies, interest rates or yields, commodities or other indices or measures. Depositary receipts and convertible notes, e.g. securities convertible at the option of the investor, fall within the definition of non-equity securities set out in this Directive.
(13) Issuance of securities having a similar type and/or class in the case of non-equity securities issued on the basis of an offering programme, including warrants and certificates in any form, as well as the case of securities issued in a continuous or repeated manner, should be understood as covering not only identical securities but also securities that belong in general terms to one category. These securities may include different products, such as debt securities, certificates and warrants, or the same product under the same programme, and may have different features notably in terms of seniority, types of underlying, or the basis on which to determine the redemption amount or coupon payment.
(14) The grant to the issuer of a single passport, valid throughout the Community, and the application of the country of origin principle require the identification of the home Member State as the one best placed to regulate the issuer for the purposes of this Directive.
(15) The disclosure requirements of the present Directive do not prevent a Member State or a competent authority or an exchange through its rule book to impose other particular requirements in the context of admission to trading of securities on a regulated market (notably regarding corporate governance). Such requirements may not directly or indirectly restrict the drawing up, the content and the dissemination of a prospectus approved by a competent authority.
(16) One of the objectives of this Directive is to protect investors. It is therefore appropriate to take account of the different requirements for protection of the various categories of investors and their level of expertise. Disclosure provided by the prospectus is not required for offers limited to qualified investors. In contrast, any resale to the public or public trading through admission to trading on a regulated market requires the publication of a prospectus.
(17) Issuers, offerors or persons asking for the admission to trading on a regulated market of securities which are exempted from the obligation to publish a prospectus will benefit from the single passport if they comply with this Directive.
(18) The provision of full information concerning securities and issuers of those securities promotes, together with rules on the conduct of business, the protection of investors. Moreover, such information provides an effective means of increasing confidence in securities and thus of contributing to the proper functioning and development of securities markets. The appropriate way to make this information available is to publish a prospectus.
(19) Investment in securities, like any other form of investment, involves risk. Safeguards for the protection of the interests of actual and potential investors are required in all Member States in order to enable them to make an informed assessment of such risks and thus to take investment decisions in full knowledge of the facts.
(20) Such information, which needs to be sufficient and as objective as possible as regards the financial circumstances of the issuer and the rights attaching to the securities, should be provided in an easily analysable and comprehensible form. Harmonisation of the information contained in the prospectus should provide equivalent investor protection at Community level.
(21) Information is a key factor in investor protection; a summary conveying the essential characteristics of, and risks associated with, the issuer, any guarantor and the securities should be included in the prospectus. To ensure easy access to this information, the summary should be written in non-technical language and normally should not exceed 2500 words in the language in which the prospectus was originally drawn up.
(22) Best practices have been adopted at international level in order to allow cross-border offers of equities to be made using a single set of disclosure standards established by the International Organisation of Securities Commissions (IOSCO); the IOSCO disclosure standards(9) will upgrade information available for the markets and investors and at the same time will simplify the procedure for Community issuers wishing to raise capital in third countries. The Directive also calls for tailored disclosure standards to be adopted for other types of securities and issuers.
(23) Fast-track procedures for issuers admitted to trading on a regulated market and frequently raising capital on these markets require the introduction at Community level of a new format of prospectuses for offering programmes or mortgage bonds and a new registration document system. Issuers may choose not to use those formats and therefore to draft the prospectus as a single document.
(24) The content of a base prospectus should, in particular, take into account the need for flexibility in relation to the information to be provided about the securities.
(25) Omission of sensitive information to be included in a prospectus should be allowed through a derogation granted by the competent authority in certain circumstances in order to avoid detrimental situations for an issuer.
(26) A clear time limit should be set for the validity of a prospectus in order to avoid outdated information.
(27) Investors should be protected by ensuring publication of reliable information. The issuers whose securities are admitted to trading on a regulated market are subject to an ongoing disclosure obligation but are not required to publish updated information regularly. Further to this obligation, issuers should, at least annually, list all relevant information published or made available to the public over the preceding 12 months, including information provided to the various reporting requirements laid down in other Community legislation. This should make it possible to ensure the publication of consistent and easily understandable information on a regular basis. To avoid excessive burdens for certain issuers, issuers of non-equity securities with high minimum denomination should not be required to meet this obligation.
(28) It is necessary for the annual information to be provided by issuers whose securities are admitted to trading on a regulated market to be appropriately monitored by Member States in accordance with their obligations under the provisions of Community and national law concerning the regulation of securities, issuers of securities and securities markets.
(29) The opportunity of allowing issuers to incorporate by reference documents containing the information to be disclosed in a prospectus - provided that the documents incorporated by reference have been previously filed with or accepted by the competent authority - should facilitate the procedure of drawing up a prospectus and lower the costs for the issuers without endangering investor protection.
(30) Differences regarding the efficiency, methods and timing of the checking of the information given in a prospectus not only make it more difficult for undertakings to raise capital or to obtain admission to trading on a regulated market in more than one Member State but also hinder the acquisition by investors established in one Member State of securities offered by an issuer established in another Member State or admitted to trading in another Member State. These differences should be eliminated by harmonising the rules and regulations in order to achieve an adequate degree of equivalence of the safeguards required in each Member State to ensure the provision of information which is sufficient and as objective as possible for actual or potential securities holders.
(31) To facilitate circulation of the various documents making up the prospectus, the use of electronic communication facilities such as the Internet should be encouraged. The prospectus should always be delivered in paper form, free of charge to investors on request.
(32) The prospectus should be filed with the relevant competent authority and be made available to the public by the issuer, the offeror or the person asking for admission to trading on a regulated market, subject to European Union provisions relating to data protection.
(33) It is also necessary, in order to avoid loopholes in Community legislation which would undermine public confidence and therefore prejudice the proper functioning of financial markets, to harmonise advertisements.
(34) Any new matter liable to influence the assessment of the investment, arising after the publication of the prospectus but before the closing of the offer or the start of trading on a regulated market, should be properly evaluated by investors and therefore requires the approval and dissemination of a supplement to the prospectus.
(35) The obligation for an issuer to translate the full prospectus into all the relevant official languages discourages cross-border offers or multiple trading. To facilitate cross-border offers, where the prospectus is drawn up in a language that is customary in the sphere of international finance, the host or home Member State should only be entitled to require a summary in its official language(s).
(36) The competent authority of the host Member State should be entitled to receive a certificate from the competent authority of the home Member State which states that the prospectus has been drawn up in accordance with this Directive. In order to ensure that the purposes of this Directive will be fully achieved, it is also necessary to include within its scope securities issued by issuers governed by the laws of third countries.
(37) A variety of competent authorities in Member States, having different responsibilities, may create unnecessary costs and overlapping of responsibilities without providing any additional benefit. In each Member State one single competent authority should be designated to approve prospectuses and to assume responsibility for supervising compliance with this Directive. Under strict conditions, a Member State should be allowed to designate more than one competent authority, but only one will assume the duties for international cooperation. Such an authority or authorities should be established as an administrative authority and in such a form that their independence from economic actors is guaranteed and conflicts of interest are avoided. The designation of a competent authority for prospectus approval should not exclude cooperation between that authority and other entities, with a view to guaranteeing efficient scrutiny and approval of prospectuses in the interest of issuers, investors, markets participants and markets alike. Any delegation of tasks relating to the obligations provided for in this Directive and in its implementing measures should be reviewed, in accordance with Article 31, five years after the date of entry into force of this Directive and should, except for publication on the Internet of approved prospectuses, and the filing of prospectuses as mentioned in Article 14, end eight years after the entry into force of this Directive.
(38) A common minimum set of powers for the competent authorities will guarantee the effectiveness of their supervision. The flow of information to the markets required by Directive 2001/34/EC should be ensured and action against breaches should be taken by competent authorities.
(39) For the purposes of carrying out their duties, cooperation between competent authorities of the Member States is required.
(40) Technical guidance and implementing measures for the rules laid down in this Directive may from time to time be necessary to take into account developments on financial markets. The Commission should accordingly be empowered to adopt implementing measures, provided that these do not modify the essential elements of this Directive and provided that the Commission acts in accordance with the principles set out in this Directive, after consulting the European Securities Committee established by Commission Decision 2001/528/EC(10).
(41) In exercising its implementing powers in accordance with this Directive, the Commission should respect the following principles:
- the need to ensure confidence in financial markets among small investors and small and medium-sized enterprises (SMEs) by promoting high standards of transparency in financial markets,
- the need to provide investors with a wide range of competing investment opportunities and a level of disclosure and protection tailored to their circumstances,
- the need to ensure that independent regulatory authorities enforce the rules consistently, especially as regards the fight against white-collar crime,
- the need for a high level of transparency and consultation with all market participants and with the European Parliament and the Council,
- the need to encourage innovation in financial markets if they are to be dynamic and efficient,
- the need to ensure systemic stability of the financial system by close and reactive monitoring of financial innovation,
- the importance of reducing the cost of, and increasing access to, capital,
- the need to balance, on a long-term basis, the costs and benefits to market participants (including SMEs and small investors) of any implementing measures,
- the need to foster the international competitiveness of the Community's financial markets without prejudice to a much-needed extension of international cooperation,
- the need to achieve a level playing field for all market participants by establishing Community legislation every time it is appropriate,
- the need to respect differences in national financial markets where these do not unduly impinge on the coherence of the single market,
- the need to ensure coherence with other Community legislation in this area, as imbalances in information and a lack of transparency may jeopardise the operation of the markets and above all harm consumers and small investors.
(42) The European Parliament should be given a period of three months from the first transmission of draft implementing measures to allow it to examine them and to give its opinion. However, in urgent and duly justified cases, this period may be shortened. If, within that period, a resolution is passed by the European Parliament, the Commission should re-examine the draft measures.
(43) Member States should lay down a system of sanctions for breaches of the national provisions adopted pursuant to this Directive and should take all the measures necessary to ensure that these sanctions are applied. The sanctions thus provided for should be effective, proportional and dissuasive.
(44) Provision should be made for the right of judicial review of decisions taken by Member States' competent authorities in respect of the application of this Directive.
(45) In accordance with the principle of proportionality, it is necessary and appropriate for the achievement of the basic objective of ensuring the completion of a single securities market to lay down rules on a single passport for issuers. This Directive does not go beyond what is necessary in order to achieve the objectives pursued in accordance with the third paragraph of Article 5 of the Treaty.
(46) The assessment made by the Commission of the application of this Directive should focus in particular on the process of approval of prospectuses by the competent authorities of the Member States, and more generally on the application of the home-country principle, and whether or not problems of investor protection and market efficiency might result from this application; the Commission should also examine the functioning of Article 10.
(47) For future developments of this Directive, consideration should be given to the matter of deciding which approval mechanism should be adopted to enhance further the uniform application of Community legislation on prospectuses, including the possible establishment of a European Securities Unit.
(48) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union.
(49) The measures necessary for the implementation of this Directive 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(11),
HAVE ADOPTED THIS DIRECTIVE:
CHAPTER I GENERAL PROVISIONS
Article 1
Purpose and scope
1. The purpose of this Directive is to harmonise requirements for the drawing up, approval and distribution of the prospectus to be published when securities are offered to the public or admitted to trading on a regulated market situated or operating within a Member State.
2. This Directive shall not apply to:
(a) units issued by collective investment undertakings other than the closed-end type;
(b) non-equity securities issued by a Member State or by one of a Member State's regional or local authorities, by public international bodies of which one or more Member States are members, by the European Central Bank or by the central banks of the Member States;
(c) shares in the capital of central banks of the Member States;
(d) securities unconditionally and irrevocably guaranteed by a Member State or by one of a Member State's regional or local authorities;
(e) securities issued by associations with legal status or non-profit-making bodies, recognised by a Member State, with a view to their obtaining the means necessary to achieve their non-profit-making objectives;
(f) non-equity securities issued in a continuous or repeated manner by credit institutions provided that these securities:
(i) are not subordinated, convertible or exchangeable;
(ii) do not give a right to subscribe to or acquire other types of securities and that they are not linked to a derivative instrument;
(iii) materialise reception of repayable deposits;
(iv) are covered by a deposit guarantee scheme under Directive 94/19/EC of the European Parliament and of the Council on deposit-guarantee schemes(12);
(g) non-fungible shares of capital whose main purpose is to provide the holder with a right to occupy an apartment, or other form of immovable property or a part thereof and where the shares cannot be sold on without this right being given up;
(h) securities included in an offer where the total consideration of the offer is less than EUR 2500000, which limit shall be calculated over a period of 12 months;
(i) "bostadsobligationer" issued repeatedly by credit institutions in Sweden whose main purpose is to grant mortgage loans, provided that
(i) the "bostadsobligationer" issued are of the same series;
(ii) the "bostadsobligationer" are issued on tap during a specified issuing period;
(iii) the terms and conditions of the "bostadsobligationer" are not changed during the issuing period;
(iv) the sums deriving from the issue of the said "bostadsobligationer", in accordance with the articles of association of the issuer, are placed in assets which provide sufficient coverage for the liability deriving from securities;
(j) non-equity securities issued in a continuous or repeated manner by credit institutions where the total consideration of the offer is less than EUR 50000000, which limit shall be calculated over a period of 12 months, provided that these securities:
(i) are not subordinated, convertible or exchangeable;
(ii) do not give a right to subscribe to or acquire other types of securities and that they are not linked to a derivative instrument.
3. Notwithstanding paragraph 2(b), (d), (h), (i) and (j), an issuer, an offeror or a person asking for admission to trading on a regulated market shall be entitled to draw up a prospectus in accordance with this Directive when securities are offered to the public or admitted to trading.
Article 2
Definitions
1. For the purposes of this Directive, the following definitions shall apply:
(a) "securities" means transferable securities as defined by Article 1(4) of Directive 93/22/EEC with the exception of money market instruments as defined by Article 1(5) of Directive 93/22/EEC, having a maturity of less than 12 months. For these instruments national legislation may be applicable;
(b) "equity securities" means shares and other transferable securities equivalent to shares in companies, as well as any other type of transferable securities giving the right to acquire any of the aforementioned securities as a consequence of their being converted or the rights conferred by them being exercised, provided that securities of the latter type are issued by the issuer of the underlying shares or by an entity belonging to the group of the said issuer;
(c) "non-equity securities" means all securities that are not equity securities;
(d) "offer of securities to the public" means a communication to persons in any form and by any means, presenting sufficient information on the terms of the offer and the securities to be offered, so as to enable an investor to decide to purchase or subscribe to these securities. This definition shall also be applicable to the placing of securities through financial intermediaries;
(e) "qualified investors" means:
(i) legal entities which are authorised or regulated to operate in the financial markets, including: credit institutions, investment firms, other authorised or regulated financial institutions, insurance companies, collective investment schemes and their management companies, pension funds and their management companies, commodity dealers, as well as entities not so authorised or regulated whose corporate purpose is solely to invest in securities;
(ii) national and regional governments, central banks, international and supranational institutions such as the International Monetary Fund, the European Central Bank, the European Investment Bank and other similar international organisations;
(iii) other legal entities which do not meet two of the three criteria set out in paragraph (f);
(iv) certain natural persons: subject to mutual recognition, a Member State may choose to authorise natural persons who are resident in the Member State and who expressly ask to be considered as qualified investors if these persons meet at least two of the criteria set out in paragraph 2;
(v) certain SMEs: subject to mutual recognition, a Member State may choose to authorise SMEs which have their registered office in that Member State and who expressly ask to be considered as qualified investors;
(f) "small and medium-sized enterprises" means companies, which, according to their last annual or consolidated accounts, meet at least two of the following three criteria: an average number of employees during the financial year of less than 250, a total balance sheet not exceeding EUR 43000000 and an annual net turnover not exceeding EUR 50000000;
(g) "credit institution" means an undertaking as defined by Article 1(1)(a) of Directive 2000/12/EC of the European Parliament and of the Council of 20 March 2000 relating to the taking up and pursuit of the business of credit institutions(13);
(h) "issuer" means a legal entity which issues or proposes to issue securities;
(i) "person making an offer" (or "offeror") means a legal entity or individual which offers securities to the public;
(j) "regulated market" means a market as defined by Article 1(13) of Directive 93/22/EEC;
(k) "offering programme" means a plan which would permit the issuance of non-equity securities, including warrants in any form, having a similar type and/or class, in a continuous or repeated manner during a specified issuing period;
(l) "securities issued in a continuous or repeated manner" means issues on tap or at least two separate issues of securities of a similar type and/or class over a period of 12 months;
(m) "home Member State" means:
(i) for all Community issuers of securities which are not mentioned in (ii), the Member State where the issuer has its registered office;
(ii) for any issues of non-equity securities whose denomination per unit amounts to at least EUR 1000, and for any issues of non-equity securities giving the right to acquire any transferable securities or to receive a cash amount, as a consequence of their being converted or the rights conferred by them being exercised, provided that the issuer of the non-equity securities is not the issuer of the underlying securities or an entity belonging to the group of the latter issuer, the Member State where the issuer has its registered office, or where the securities were or are to be admitted to trading on a regulated market or where the securities are offered to the public, at the choice of the issuer, the offeror or the person asking for admission, as the case may be. The same regime shall be applicable to non-equity securities in a currency other than euro, provided that the value of such minimum denomination is nearly equivalent to EUR 1000;
(iii) for all issuers of securities incorporated in a third country, which are not mentioned in (ii), the Member State where the securities are intended to be offered to the public for the first time after the date of entry into force of this Directive or where the first application for admission to trading on a regulated market is made, at the choice of the issuer, the offeror or the person asking for admission, as the case may be, subject to a subsequent election by issuers incorporated in a third country if the home Member State was not determined by their choice;
(n) "host Member State" means the State where an offer to the public is made or admission to trading is sought, when different from the home Member State;
(o) "collective investment undertaking other than the closed-end type" means unit trusts and investment companies:
(i) the object of which is the collective investment of capital provided by the public, and which operate on the principle of risk-spreading;
(ii) the units of which are, at the holder's request, repurchased or redeemed, directly or indirectly, out of the assets of these undertakings;
(p) "units of a collective investment undertaking" mean securities issued by a collective investment undertaking as representing the rights of the participants in such an undertaking over its assets;
(q) "approval" means the positive act at the outcome of the scrutiny of the completeness of the prospectus by the home Member State's competent authority including the consistency of the information given and its comprehensibility;
(r) "base prospectus" means a prospectus containing all relevant information as specified in Articles 5, 7 and 16 in case there is a supplement, concerning the issuer and the securities to be offered to the public or admitted to trading, and, at the choice of the issuer, the final terms of the offering.
2. For the purposes of paragraph 1(e)(iv) the criteria are as follows:
(a) the investor has carried out transactions of a significant size on securities markets at an average frequency of, at least, 10 per quarter over the previous four quarters;
(b) the size of the investor's securities portfolio exceeds EUR 0,5 million;
(c) the investor works or has worked for at least one year in the financial sector in a professional position which requires knowledge of securities investment.
3. For the purposes of paragraphs 1(e)(iv) and (v) the following shall apply:
Each competent authority shall ensure that appropriate mechanisms are in place for a register of natural persons and SMEs considered as qualified investors, taking into account the need to ensure an adequate level of data protection. The register shall be available to all issuers. Each natural person or SME wishing to be considered as a qualified investor shall register and each registered investor may decide to opt out at any moment.
4. In order to take account of technical developments on financial markets and to ensure uniform application of this Directive, the Commission shall, in accordance with the procedure set out in Article 24(2), adopt implementing measures concerning the definitions referred to in paragraph 1, including adjustment of the figures used for the definition of SMEs, taking into account Community legislation and recommendations as well as economic developments and disclosure measures relating to the registration of individual qualified investors.
Article 3
Obligation to publish a prospectus
1. Member States shall not allow any offer of securities to be made to the public within their territories without prior publication of a prospectus.
2. The obligation to publish a prospectus shall not apply to the following types of offer:
(a) an offer of securities addressed solely to qualified investors; and/or
(b) an offer of securities addressed to fewer than 100 natural or legal persons per Member State, other than qualified investors; and/or
(c) an offer of securities addressed to investors who acquire securities for a total consideration of at least EUR 50000 per investor, for each separate offer; and/or
(d) an offer of securities whose denomination per unit amounts to at least EUR 50000; and/or
(e) an offer of securities with a total consideration of less than EUR 100000, which limit shall be calculated over a period of 12 months.
However, any subsequent resale of securities which were previously the subject of one or more of the types of offer mentioned in this paragraph shall be regarded as a separate offer and the definition set out in Article 2(1)(d) shall apply for the purpose of deciding whether that resale is an offer of securities to the public. The placement of securities through financial intermediaries shall be subject to publication of a prospectus if none of the conditions (a) to (e) are met for the final placement.
3. Member States shall ensure that any admission of securities to trading on a regulated market situated or operating within their territories is subject to the publication of a prospectus.
Article 4
Exemptions from the obligation to publish a prospectus
1. The obligation to publish a prospectus shall not apply to offers of securities to the public of the following types of securities:
(a) shares issued in substitution for shares of the same class already issued, if the issuing of such new shares does not involve any increase in the issued capital;
(b) securities offered in connection with a takeover by means of an exchange offer, provided that a document is available containing information which is regarded by the competent authority as being equivalent to that of the prospectus, taking into account the requirements of Community legislation;
(c) securities offered, allotted or to be allotted in connection with a merger, provided that a document is available containing information which is regarded by the competent authority as being equivalent to that of the prospectus, taking into account the requirements of Community legislation;
(d) shares offered, allotted or to be allotted free of charge to existing shareholders, and dividends paid out in the form of shares of the same class as the shares in respect of which such dividends are paid, provided that a document is made available containing information on the number and nature of the shares and the reasons for and details of the offer;
(e) securities offered, allotted or to be allotted to existing or former directors or employees by their employer which has securities already admitted to trading on a regulated market or by an affiliated undertaking, provided that a document is made available containing information on the number and nature of the securities and the reasons for and details of the offer.
2. The obligation to publish a prospectus shall not apply to the admission to trading on a regulated market of the following types of securities:
(a) shares representing, over a period of 12 months, less than 10 per cent of the number of shares of the same class already admitted to trading on the same regulated market;
(b) shares issued in substitution for shares of the same class already admitted to trading on the same regulated market, if the issuing of such shares does not involve any increase in the issued capital;
(c) securities offered in connection with a takeover by means of an exchange offer, provided that a document is available containing information which is regarded by the competent authority as being equivalent to that of the prospectus, taking into account the requirements of Community legislation;
(d) securities offered, allotted or to be allotted in connection with a merger, provided that a document is available containing information which is regarded by the competent authority as being equivalent to that of the prospectus, taking into account the requirements of Community legislation;
(e) shares offered, allotted or to be allotted free of charge to existing shareholders, and dividends paid out in the form of shares of the same class as the shares in respect of which such dividends are paid, provided that the said shares are of the same class as the shares already admitted to trading on the same regulated market and that a document is made available containing information on the number and nature of the shares and the reasons for and details of the offer;
(f) securities offered, allotted or to be allotted to existing or former directors or employees by their employer or an affiliated undertaking, provided that the said securities are of the same class as the securities already admitted to trading on the same regulated market and that a document is made available containing information on the number and nature of the securities and the reasons for and detail of the offer;
(g) shares resulting from the conversion or exchange of other securities or from the exercise of the rights conferred by other securities, provided that the said shares are of the same class as the shares already admitted to trading on the same regulated market;
(h) securities already admitted to trading on another regulated market, on the following conditions:
(i) that these securities, or securities of the same class, have been admitted to trading on that other regulated market for more than 18 months;
(ii) that, for securities first admitted to trading on a regulated market after the date of entry into force of this Directive, the admission to trading on that other regulated market was associated with an approved prospectus made available to the public in conformity with Article 14;
(iii) that, except where (ii) applies, for securities first admitted to listing after 30 June 1983, listing particulars were approved in accordance with the requirements of Directive 80/390/EEC or Directive 2001/34/EC;
(iv) that the ongoing obligations for trading on that other regulated market have been fulfilled;
(v) that the person seeking the admission of a security to trading on a regulated market under this exemption makes a summary document available to the public in a language accepted by the competent authority of the Member State of the regulated market where admission is sought;
(vi) that the summary document referred to in (v) is made available to the public in the Member State of the regulated market where admission to trading is sought in the manner set out in Article 14(2); and
(vii) that the contents of the summary document shall comply with Article 5(2). Furthermore the document shall state where the most recent prospectus can be obtained and where the financial information published by the issuer pursuant to his ongoing disclosure obligations is available.
3. In order to take account of technical developments on financial markets and to ensure uniform application of this Directive, the Commission shall, in accordance with the procedure referred to in Article 24(2), adopt implementing measures concerning paragraphs 1(b), 1(c), 2(c) and 2(d), notably in relation to the meaning of equivalence.
CHAPTER II DRAWING UP OF THE PROSPECTUS
Article 5
The prospectus
1. Without prejudice to Article 8(2), the prospectus shall contain all information which, according to the particular nature of the issuer and of the securities offered to the public or admitted to trading on a regulated market, is necessary to enable investors to make an informed assessment of the assets and liabilities, financial position, profit and losses, and prospects of the issuer and of any guarantor, and of the rights attaching to such securities. This information shall be presented in an easily analysable and comprehensible form.
2. The prospectus shall contain information concerning the issuer and the securities to be offered to the public or to be admitted to trading on a regulated market. It shall also include a summary. The summary shall, in a brief manner and in non-technical language, convey the essential characteristics and risks associated with the issuer, any guarantor and the securities, in the language in which the prospectus was originally drawn up. The summary shall also contain a warning that:
(a) it should be read as an introduction to the prospectus;
(b) any decision to invest in the securities should be based on consideration of the prospectus as a whole by the investor;
(c) where a claim relating to the information contained in a prospectus is brought before a court, the plaintiff investor might, under the national legislation of the Member States, have to bear the costs of translating the prospectus before the legal proceedings are initiated; and
(d) civil liability attaches to those persons who have tabled the summary including any translation thereof, and applied for its notification, but only if the summary is misleading, inaccurate or inconsistent when read together with the other parts of the prospectus.
Where the prospectus relates to the admission to trading on a regulated market of non-equity securities having a denomination of at least EUR 50000, there shall be no requirement to provide a summary except when requested by a Member State as provided for in Article 19(4).
3. Subject to paragraph 4, the issuer, offeror or person asking for the admission to trading on a regulated market may draw up the prospectus as a single document or separate documents. A prospectus composed of separate documents shall divide the required information into a registration document, a securities note and a summary note. The registration document shall contain the information relating to the issuer. The securities note shall contain the information concerning the securities offered to the public or to be admitted to trading on a regulated market.
4. For the following types of securities, the prospectus can, at the choice of the issuer, offeror or person asking for the admission to trading on a regulated market consist of a base prospectus containing all relevant information concerning the issuer and the securities offered to the public or to be admitted to trading on a regulated market:
(a) non-equity securities, including warrants in any form, issued under an offering programme;
(b) non-equity securities issued in a continuous or repeated manner by credit institutions,
(i) where the sums deriving from the issue of the said securities, under national legislation, are placed in assets which provide sufficient coverage for the liability deriving from securities until their maturity date;
(ii) where, in the event of the insolvency of the related credit institution, the said sums are intended, as a priority, to repay the capital and interest falling due, without prejudice to the provisions of Directive 2001/24/EC of the European Parliament and of the Council of 4 April 2001 on the reorganisation and winding up of credit institutions(14).
The information given in the base prospectus shall be supplemented, if necessary, in accordance with Article 16, with updated information on the issuer and on the securities to be offered to the public or to be admitted to trading on a regulated market.
If the final terms of the offer are not included in either the base prospectus or a supplement, the final terms shall be provided to investors and filed with the competent authority when each public offer is made as soon as practicable and if possible in advance of the beginning of the offer. The provisions of Article 8(1)(a) shall be applicable in any such case.
5. In order to take account of technical developments on financial markets and to ensure uniform application of this Directive, the Commission shall, in accordance with the procedure referred to in Article 24(2), adopt implementing measures concerning the format of the prospectus or base prospectus and supplements.
Article 6
Responsibility attaching to the prospectus
1. Member States shall ensure that responsibility for the information given in a prospectus attaches at least to the issuer or its administrative, management or supervisory bodies, the offeror, the person asking for the admission to trading on a regulated market or the guarantor, as the case may be. The persons responsible shall be clearly identified in the prospectus by their names and functions or, in the case of legal persons, their names and registered offices, as well as declarations by them that, to the best of their knowledge, the information contained in the prospectus is in accordance with the facts and that the prospectus makes no omission likely to affect its import.
2. Member States shall ensure that their laws, regulation and administrative provisions on civil liability apply to those persons responsible for the information given in a prospectus.
However, Member States shall ensure that no civil liability shall attach to any person solely on the basis of the summary, including any translation thereof, unless it is misleading, inaccurate or inconsistent when read together with the other parts of the prospectus.
Article 7
Minimum information
1. Detailed implementing measures regarding the specific information which must be included in a prospectus, avoiding duplication of information when a prospectus is composed of separate documents, shall be adopted by the Commission in accordance with the procedure referred to in Article 24(2). The first set of implementing measures shall be adopted by 1 July 2004.
2. In particular, for the elaboration of the various models of prospectuses, account shall be taken of the following:
(a) the various types of information needed by investors relating to equity securities as compared with non-equity securities; a consistent approach shall be taken with regard to information required in a prospectus for securities which have a similar economic rationale, notably derivative securities;
(b) the various types and characteristics of offers and admissions to trading on a regulated market of non-equity securities. The information required in a prospectus shall be appropriate from the point of view of the investors concerned for non-equity securities having a denomination per unit of at least EUR 50000;
(c) the format used and the information required in prospectuses relating to non-equity securities, including warrants in any form, issued under an offering programme;
(d) the format used and the information required in prospectuses relating to non-equity securities, in so far as these securities are not subordinated, convertible, exchangeable, subject to subscription or acquisition rights or linked to derivative instruments, issued in a continuous or repeated manner by entities authorised or regulated to operate in the financial markets within the European Economic Area;
(e) the various activities and size of the issuer, in particular SMEs. For such companies the information shall be adapted to their size and, where appropriate, to their shorter track record;
(f) if applicable, the public nature of the issuer.
3. The implementing measures referred to in paragraph 1 shall be based on the standards in the field of financial and non-financial information set out by international securities commission organisations, and in particular by IOSCO and on the indicative Annexes to this Directive.
Article 8
Omission of information
1. Member States shall ensure that where the final offer price and amount of securities which will be offered to the public cannot be included in the prospectus:
(a) the criteria, and/or the conditions in accordance with which the above elements will be determined or, in the case of price, the maximum price, are disclosed in the prospectus; or
(b) the acceptances of the purchase or subscription of securities may be withdrawn for not less than two working days after the final offer price and amount of securities which will be offered to the public have been filed.
The final offer price and amount of securities shall be filed with the competent authority of the home Member State and published in accordance with the arrangements provided for in Article 14(2).
2. The competent authority of the home Member State may authorise the omission from the prospectus of certain information provided for in this Directive or in the implementing measures referred to in Article 7(1), if it considers that:
(a) disclosure of such information would be contrary to the public interest; or
(b) disclosure of such information would be seriously detrimental to the issuer, provided that the omission would not be likely to mislead the public with regard to facts and circumstances essential for an informed assessment of the issuer, offeror or guarantor, if any, and of the rights attached to the securities to which the prospectus relates; or
(c) such information is of minor importance only for a specific offer or admission to trading on a regulated market and is not such as will influence the assessment of the financial position and prospects of the issuer, offeror or guarantor, if any.
3. Without prejudice to the adequate information of investors, where, exceptionally, certain information required by implementing measures referred to in Article 7(1) to be included in a prospectus is inappropriate to the issuer's sphere of activity or to the legal form of the issuer or to the securities to which the prospectus relates, the prospectus shall contain information equivalent to the required information. If there is no such information, this requirement shall not apply.
4. In order to take account of technical developments on financial markets and to ensure uniform application of this Directive, the Commission shall, in accordance with the procedure referred to in Article 24(2), adopt implementing measures concerning paragraph 2.
Article 9
Validity of a prospectus, base prospectus and registration document
1. A prospectus shall be valid for 12 months after its publication for offers to the public or admissions to trading on a regulated market, provided that the prospectus is completed by any supplements required pursuant to Article 16.
2. In the case of an offering programme, the base prospectus, previously filed, shall be valid for a period of up to 12 months.
3. In the case of non-equity securities referred to in Article 5(4)(b), the prospectus shall be valid until no more of the securities concerned are issued in a continuous or repeated manner.
4. A registration document, as referred to in Article 5(3), previously filed, shall be valid for a period of up to 12 months provided that it has been updated in accordance with Article 10(1). The registration document accompanied by the securities note, updated if applicable in accordance with Article 12, and the summary note shall be considered to constitute a valid prospectus.
Article 10
Information
1. Issuers whose securities are admitted to trading on a regulated market shall at least annually provide a document that contains or refers to all information that they have published or made available to the public over the preceding 12 months in one or more Member States and in third countries in compliance with their obligations under Community and national laws and rules dealing with the regulation of securities, issuers of securities and securities markets. Issuers shall refer at least to the information required pursuant to company law directives, Directive 2001/34/EC and Regulation (EC) No 1606/2002 of the European Parliament and of the Council of 19 July 2002 on the application of international accounting standards(15).
2. The document shall be filed with the competent authority of the home Member State after the publication of the financial statement. Where the document refers to information, it shall be stated where the information can be obtained.
3. The obligation set out in paragraph 1 shall not apply to issuers of non-equity securities whose denomination per unit amounts to at least EUR 50000.
4. In order to take account of technical developments on financial markets and to ensure uniform application of this Directive, the Commission may, in accordance with the procedure referred to in Article 24(2), adopt implementing measures concerning paragraph 1. These measures will relate only to the method of publication of the disclosure requirements mentioned in paragraph 1 and will not entail new disclosure requirements. The first set of implementing measures shall be adopted by 1 July 2004.
Article 11
Incorporation by reference
1. Member States shall allow information to be incorporated in the prospectus by reference to one or more previously or simultaneously published documents that have been approved by the competent authority of the home Member State or filed with it in accordance with this Directive, in particular pursuant to Article 10, or with Titles IV and V of Directive 2001/34/EC. This information shall be the latest available to the issuer. The summary shall not incorporate information by reference.
2. When information is incorporated by reference, a cross-reference list must be provided in order to enable investors to identify easily specific items of information.
3. In order to take account of technical developments on financial markets and to ensure uniform application of this Directive, the Commission shall, in accordance with the procedure referred to in Article 24(2), adopt implementing measures concerning the information to be incorporated by reference. The first set of implementing measures shall be adopted by 1 July 2004.
Article 12
Prospectuses consisting of separate documents
1. An issuer which already has a registration document approved by the competent authority shall be required to draw up only the securities note and the summary note when securities are offered to the public or admitted to trading on a regulated market.
2. In this case, the securities note shall provide information that would normally be provided in the registration document if there has been a material change or recent development which could affect investors' assessments since the latest updated registration document or any supplement as provided for in Article 16 was approved. The securities and summary notes shall be subject to a separate approval.
3. Where an issuer has only filed a registration document without approval, the entire documentation, including updated information, shall be subject to approval.
CHAPTER III ARRANGEMENTS FOR APPROVAL AND PUBLICATION OF THE PROSPECTUS
Article 13
Approval of the prospectus
1. No prospectus shall be published until it has been approved by the competent authority of the home Member State.
2. This competent authority shall notify the issuer, the offeror or the person asking for admission to trading on a regulated market, as the case may be, of its decision regarding the approval of the prospectus within 10 working days of the submission of the draft prospectus.
If the competent authority fails to give a decision on the prospectus within the time limits laid down in this paragraph and paragraph 3, this shall not be deemed to constitute approval of the application.
3. The time limit referred to in paragraph 2 shall be extended to 20 working days if the public offer involves securities issued by an issuer which does not have any securities admitted to trading on a regulated market and who has not previously offered securities to the public.
4. If the competent authority finds, on reasonable grounds, that the documents submitted to it are incomplete or that supplementary information is needed, the time limits referred to in paragraphs 2 and 3 shall apply only from the date on which such information is provided by the issuer, the offeror or the person asking for admission to trading on a regulated market.
In the case referred to in paragraph 2 the competent authority should notify the issuer if the documents are incomplete within 10 working days of the submission of the application.
5. The competent authority of the home Member State may transfer the approval of a prospectus to the competent authority of another Member State, subject to the agreement of that authority. Furthermore, this transfer shall be notified to the issuer, the offeror or the person asking for admission to trading on a regulated market within three working days from the date of the decision taken by the competent authority of the home Member State. The time limit referred to in paragraph 2 shall apply from that date.
6. This Directive shall not affect the competent authority's liability, which shall continue to be governed solely by national law.
Member States shall ensure that their national provisions on the liability of competent authorities apply only to approvals of prospectuses by their competent authority or authorities.
7. In order to take account of technical developments on financial markets and to ensure uniform application of this Directive, the Commission may, in accordance with the procedure referred to in Article 24(2), adopt implementing measures concerning the conditions in accordance with which time limits may be adjusted.
Article 14
Publication of the prospectus
1. Once approved, the prospectus shall be filed with the competent authority of the home Member State and shall be made available to the public by the issuer, offeror or person asking for admission to trading on a regulated market as soon as practicable and in any case, at a reasonable time in advance of, and at the latest at the beginning of, the offer to the public or the admission to trading of the securities involved. In addition, in the case of an initial public offer of a class of shares not already admitted to trading on a regulated market that is to be admitted to trading for the first time, the prospectus shall be available at least six working days before the end of the offer.
2. The prospectus shall be deemed available to the public when published either:
(a) by insertion in one or more newspapers circulated throughout, or widely circulated in, the Member States in which the offer to the public is made or the admission to trading is sought; or
(b) in a printed form to be made available, free of charge, to the public at the offices of the market on which the securities are being admitted to trading, or at the registered office of the issuer and at the offices of the financial intermediaries placing or selling the securities, including paying agents; or
(c) in an electronic form on the issuer's website and, if applicable, on the website of the financial intermediaries placing or selling the securities, including paying agents; or
(d) in an electronic form on the website of the regulated market where the admission to trading is sought; or
(e) in electronic form on the website of the competent authority of the home Member State if the said authority has decided to offer this service.
A home Member State may require issuers which publish their prospectus in accordance with (a) or (b) also to publish their prospectus in an electronic form in accordance with (c).
3. In addition, a home Member State may require publication of a notice stating how the prospectus has been made available and where it can be obtained by the public.
4. The competent authority of the home Member State shall publish on its website over a period of 12 months, at its choice, all the prospectuses approved, or at least the list of prospectuses approved in accordance with Article 13, including, if applicable, a hyperlink to the prospectus published on the website of the issuer, or on the website of the regulated market.
5. In the case of a prospectus comprising several documents and/or incorporating information by reference, the documents and information making up the prospectus may be published and circulated separately provided that the said documents are made available, free of charge, to the public, in accordance with the arrangements established in paragraph 2. Each document shall indicate where the other constituent documents of the full prospectus may be obtained.
6. The text and the format of the prospectus, and/or the supplements to the prospectus, published or made available to the public, shall at all times be identical to the original version approved by the competent authority of the home Member State.
7. Where the prospectus is made available by publication in electronic form, a paper copy must nevertheless be delivered to the investor, upon his request and free of charge, by the issuer, the offeror, the person asking for admission to trading or the financial intermediaries placing or selling the securities.
8. In order to take account of technical developments on financial markets and to ensure uniform application of the Directive, the Commission shall, in accordance with the procedure referred to in Article 24(2), adopt implementing measures concerning paragraphs 1, 2, 3 and 4. The first set of implementing measures shall be adopted by 1 July 2004.
Article 15
Advertisements
1. Any type of advertisements relating either to an offer to the public of securities or to an admission to trading on a regulated market shall observe the principles contained in paragraphs 2 to 5. Paragraphs 2 to 4 shall apply only to cases where the issuer, the offeror or the person applying for admission to trading is covered by the obligation to draw up a prospectus.
2. Advertisements shall state that a prospectus has been or will be published and indicate where investors are or will be able to obtain it.
3. Advertisements shall be clearly recognisable as such. The information contained in an advertisement shall not be inaccurate, or misleading. This information shall also be consistent with the information contained in the prospectus, if already published, or with the information required to be in the prospectus, if the prospectus is published afterwards.
4. In any case, all information concerning the offer to the public or the admission to trading on a regulated market disclosed in an oral or written form, even if not for advertising purposes, shall be consistent with that contained in the prospectus.
5. When according to this Directive no prospectus is required, material information provided by an issuer or an offeror and addressed to qualified investors or special categories of investors, including information disclosed in the context of meetings relating to offers of securities, shall be disclosed to all qualified investors or special categories of investors to whom the offer is exclusively addressed. Where a prospectus is required to be published, such information shall be included in the prospectus or in a supplement to the prospectus in accordance with Article 16(1).
6. The competent authority of the home Member State shall have the power to exercise control over the compliance of advertising activity, relating to a public offer of securities or an admission to trading on a regulated market, with the principles referred to in paragraphs 2 to 5.
7. In order to take account of technical developments on financial markets and to ensure uniform application of this Directive, the Commission shall, in accordance with the procedure referred to in Article 24(2), adopt implementing measures concerning the dissemination of advertisements announcing the intention to offer securities to the public or the admission to trading on a regulated market, in particular before the prospectus has been made available to the public or before the opening of the subscription, and concerning paragraph 4. The first set of implementing measures shall be adopted by the Commission by 1 July 2004.
Article 16
Supplements to the prospectus
1. Every significant new factor, material mistake or inaccuracy relating to the information included in the prospectus which is capable of affecting the assessment of the securities and which arises or is noted between the time when the prospectus is approved and the final closing of the offer to the public or, as the case may be, the time when trading on a regulated market begins, shall be mentioned in a supplement to the prospectus. Such a supplement shall be approved in the same way in a maximum of seven working days and published in accordance with at least the same arrangements as were applied when the original prospectus was published. The summary, and any translations thereof, shall also be supplemented, if necessary to take into account the new information included in the supplement.
2. Investors who have already agreed to purchase or subscribe for the securities before the supplement is published shall have the right, exercisable within a time limit which shall not be shorter than two working days after the publication of the supplement, to withdraw their acceptances.
CHAPTER IV CROSS-BORDER OFFERS AND ADMISSION TO TRADING
Article 17
Community scope of approvals of prospectuses
1. Without prejudice to Article 23, where an offer to the public or admission to trading on a regulated market is provided for in one or more Member States, or in a Member State other than the home Member State, the prospectus approved by the home Member State and any supplements thereto shall be valid for the public offer or the admission to trading in any number of host Member States, provided that the competent authority of each host Member State is notified in accordance with Article 18. Competent authorities of host Member States shall not undertake any approval or administrative procedures relating to prospectuses.
2. If there are significant new factors, material mistakes or inaccuracies, as referred to in Article 16, arising since the approval of the prospectus, the competent authority of the home Member State shall require the publication of a supplement to be approved as provided for in Article 13(1). The competent authority of the host Member State may draw the attention of the competent authority of the home Member State to the need for any new information.
Article 18
Notification
1. The competent authority of the home Member State shall, at the request of the issuer or the person responsible for drawing up the prospectus and within three working days following that request or, if the request is submitted together with the draft prospectus, within one working day after the approval of the prospectus provide the competent authority of the host Member State with a certificate of approval attesting that the prospectus has been drawn up in accordance with this Directive and with a copy of the said prospectus. If applicable, this notification shall be accompanied by a translation of the summary produced under the responsibility of the issuer or person responsible for drawing up the prospectus. The same procedure shall be followed for any supplement to the prospectus.
2. The application of the provisions of Article 8(2) and (3) shall be stated in the certificate, as well as its justification.
CHAPTER V USE OF LANGUAGES AND ISSUERS INCORPORATED IN THIRD COUNTRIES
Article 19
Use of languages
1. Where an offer to the public is made or admission to trading on a regulated market is sought only in the home Member State, the prospectus shall be drawn up in a language accepted by the competent authority of the home Member State.
2. Where an offer to the public is made or admission to trading on a regulated market is sought in one or more Member States excluding the home Member State, the prospectus shall be drawn up either in a language accepted by the competent authorities of those Member States or in a language customary in the sphere of international finance, at the choice of the issuer, offeror or person asking for admission, as the case may be. The competent authority of each host Member State may only require that the summary be translated into its official language(s).
For the purpose of the scrutiny by the competent authority of the home Member State, the prospectus shall be drawn up either in a language accepted by this authority or in a language customary in the sphere of international finance, at the choice of the issuer, offeror or person asking for admission to trading, as the case may be.
3. Where an offer to the public is made or admission to trading on a regulated market is sought in more than one Member State including the home Member State, the prospectus shall be drawn up in a language accepted by the competent authority of the home Member State and shall also be made available either in a language accepted by the competent authorities of each host Member State or in a language customary in the sphere of international finance, at the choice of the issuer, offeror, or person asking for admission to trading, as the case may be. The competent authority of each host Member State may only require that the summary referred to in Article 5(2) be translated into its official language(s).
4. Where admission to trading on a regulated market of non-equity securities whose denomination per unit amounts to at least EUR 50000 is sought in one or more Member States, the prospectus shall be drawn up either in a language accepted by the competent authorities of the home and host Member States or in a language customary in the sphere of international finance, at the choice of the issuer, offeror or person asking for admission to trading, as the case may be. Member States may choose to require in their national legislation that a summary be drawn up in their official language(s).
Article 20
Issuers incorporated in third countries
1. The competent authority of the home Member State of issuers having their registered office in a third country may approve a prospectus for an offer to the public or for admission to trading on a regulated market, drawn up in accordance with the legislation of a third country, provided that:
(a) the prospectus has been drawn up in accordance with international standards set by international securities commission organisations, including the IOSCO disclosure standards;
(b) the information requirements, including information of a financial nature, are equivalent to the requirements under this Directive.
2. In the case of an offer to the public or admission to trading on a regulated market of securities, issued by an issuer incorporated in a third country, in a Member State other than the home Member State, the requirements set out in Articles 17, 18 and 19 shall apply.
3. In order to ensure uniform application of this Directive, the Commission may adopt implementing measures in accordance with the procedure referred to in Article 24(2), stating that a third country ensures the equivalence of prospectuses drawn up in that country with this Directive, by reason of its national law or of practices or procedures based on international standards set by international organisations, including the IOSCO disclosure standards.
CHAPTER VI COMPETENT AUTHORITIES
Article 21
Powers
1. Each Member State shall designate a central competent administrative authority responsible for carrying out the obligations provided for in this Directive and for ensuring that the provisions adopted pursuant to this Directive are applied.
However, a Member State may, if so required by national law, designate other administrative authorities to apply Chapter III.
These competent authorities shall be completely independent from all market participants.
If an offer of securities is made to the public or admission to trading on a regulated market is sought in a Member State other than the home Member State, only the central competent administrative authority designated by each Member State shall be entitled to approve the prospectus.
2. Member States may allow their competent authority or authorities to delegate tasks. Except for delegation of the publication on the Internet of approved prospectuses and the filing of prospectuses as mentioned in Article 14, any delegation of tasks relating to the obligations provided for in this Directive and in its implementing measures shall be reviewed, in accordance with Article 31 by 31 December 2008, and shall end on 31 December 2011. Any delegation of tasks to entities other than the authorities referred to in paragraph 1 shall be made in a specific manner stating the tasks to be undertaken and the conditions under which they are to be carried out.
These conditions shall include a clause obliging the entity in question to act and be organised in such a manner as to avoid conflict of interest and so that information obtained from carrying out the delegated tasks is not used unfairly or to prevent competition. In any case, the final responsibility for supervising compliance with this Directive and with its implementing measures and for approving the prospectus shall lie with the competent authority or authorities designated in accordance with paragraph 1.
Member States shall inform the Commission and the competent authorities of other Member States of any arrangements entered into with regard to delegation of tasks, including the precise conditions regulating such delegation.
3. Each competent authority shall have all the powers necessary for the performance of its functions. A competent authority that has received an application for approving a prospectus shall be empowered at least to:
(a) require issuers, offerors or persons asking for admission to trading on a regulated market to include in the prospectus supplementary information, if necessary for investor protection;
(b) require issuers, offerors or persons asking for admission to trading on a regulated market, and the persons that control them or are controlled by them, to provide information and documents;
(c) require auditors and managers of the issuer, offeror or person asking for admission to trading on a regulated market, as well as financial intermediaries commissioned to carry out the offer to the public or ask for admission to trading, to provide information;
(d) suspend a public offer or admission to trading for a maximum of 10 consecutive working days on any single occasion if it has reasonable grounds for suspecting that the provisions of this Directive have been infringed;
(e) prohibit or suspend advertisements for a maximum of 10 consecutive working days on any single occasion if it has reasonable grounds for believing that the provisions of this Directive have been infringed;
(f) prohibit a public offer if it finds that the provisions of this Directive have been infringed or if it has reasonable grounds for suspecting that they would be infringed;
(g) suspend or ask the relevant regulated markets to suspend trading on a regulated market for a maximum of 10 consecutive working days on any single occasion if it has reasonable grounds for believing that the provisions of this Directive have been infringed;
(h) prohibit trading on a regulated market if it finds that the provisions of this Directive have been infringed;
(i) make public the fact that an issuer is failing to comply with its obligations.
Where necessary under national law, the competent authority may ask the relevant judicial authority to decide on the use of the powers referred to in points (d) to (h) above.
4. Each competent authority shall also, once the securities have been admitted to trading on a regulated market, be empowered to:
(a) require the issuer to disclose all material information which may have an effect on the assessment of the securities admitted to trading on regulated markets in order to ensure investor protection or the smooth operation of the market;
(b) suspend or ask the relevant regulated market to suspend the securities from trading if, in its opinion, the issuer's situation is such that trading would be detrimental to investors' interests;
(c) ensure that issuers whose securities are traded on regulated markets comply with the obligations provided for in Articles 102 and 103 of Directive 2001/34/EC and that equivalent information is provided to investors and equivalent treatment is granted by the issuer to all securities holders who are in the same position, in all Member States where the offer to the public is made or the securities are admitted to trading;
(d) carry out on-site inspections in its territory in accordance with national law, in order to verify compliance with the provisions of this Directive and its implementing measures. Where necessary under national law, the competent authority or authorities may use this power by applying to the relevant judicial authority and/or in cooperation with other authorities.
5. Paragraphs 1 to 4 shall be without prejudice to the possibility for a Member State to make separate legal and administrative arrangements for overseas European territories for whose external relations that Member State is responsible.
Article 22
Professional secrecy and cooperation between authorities
1. The obligation of professional secrecy shall apply to all persons who work or have worked for the competent authority and for entities to which competent authorities may have delegated certain tasks. Information covered by professional secrecy may not be disclosed to any other person or authority except in accordance with provisions laid down by law.
2. Competent authorities of Member States shall cooperate with each other whenever necessary for the purpose of carrying out their duties and making use of their powers. Competent authorities shall render assistance to competent authorities of other Member States. In particular, they shall exchange information and cooperate when an issuer has more than one home competent authority because of its various classes of securities, or where the approval of a prospectus has been transferred to the competent authority of another Member State pursuant to Article 13(5). They shall also closely cooperate when requiring suspension or prohibition of trading for securities traded in various Member States in order to ensure a level playing field between trading venues and protection of investors. Where appropriate, the competent authority of the host Member State may request the assistance of the competent authority of the home Member State from the stage at which the case is scrutinised, in particular as regards a new type or rare forms of securities. The competent authority of the home Member State may ask for information from the competent authority of the host Member State on any items specific to the relevant market.
Without prejudice to Article 21, the competent authorities of Member States may consult with operators of regulated markets as necessary and, in particular, when deciding to suspend, or to ask a regulated market to suspend or prohibit trading.
3. Paragraph 1 shall not prevent the competent authorities from exchanging confidential information. Information thus exchanged shall be covered by the obligation of professional secrecy, to which the persons employed or formerly employed by the competent authorities receiving the information are subject.
Article 23
Precautionary measures
1. Where the competent authority of the host Member State finds that irregularities have been committed by the issuer or by the financial institutions in charge of the public offer or that breaches have been committed of the obligations attaching to the issuer by reason of the fact that the securities are admitted to trading on a regulated market, it shall refer these findings to the competent authority of the home Member State.
2. If, despite the measures taken by the competent authority of the home Member State or because such measures prove inadequate, the issuer or the financial institution in charge of the public offer persists in breaching the relevant legal or regulatory provisions, the competent authority of the host Member State, after informing the competent authority of the home Member State, shall take all the appropriate measures in order to protect investors. The Commission shall be informed of such measures at the earliest opportunity.
CHAPTER VII IMPLEMENTING MEASURES
Article 24
Committee procedure
1. The Commission shall be assisted by the European Securities Committee, instituted by Decision 2001/528/EC (hereinafter referred to as "the Committee").
2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof and provided that the implementing measures adopted in accordance with this procedure do not modify the essential provisions of this Directive.
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.
4. Without prejudice to the implementing measures already adopted, on the expiry of a four-year period following the entry into force of this Directive the application of its provisions providing for the adoption of technical rules and decisions in accordance with the procedure referred to in paragraph 2 shall be suspended. On a proposal from the Commission, the European Parliament and the Council may renew the provisions concerned in accordance with the procedure laid down in Article 251 of the Treaty and, to that end, shall review them prior to the expiry of the four-year period.
Article 25
Sanctions
1. Without prejudice to the right of Member States to impose criminal sanctions and without prejudice to their civil liability regime, Member States shall ensure, in conformity with their national law, that the appropriate administrative measures can be taken or administrative sanctions be imposed against the persons responsible, where the provisions adopted in the implementation of this Directive have not been complied with. Member States shall ensure that these measures are effective, proportionate and dissuasive.
2. Member States shall provide that the competent authority may disclose to the public every measure or sanction that has been imposed for infringement of the provisions adopted pursuant to this Directive, unless the disclosure would seriously jeopardise the financial markets or cause disproportionate damage to the parties involved.
Article 26
Right of appeal
Member States shall ensure that decisions taken pursuant to laws, regulations and administrative provisions adopted in accordance with this Directive are subject to the right to appeal to the courts.
CHAPTER VIII TRANSITIONAL AND FINAL PROVISIONS
Article 27
Amendments
With effect from the date set out in Article 29, Directive 2001/34/EC is hereby amended as follows:
1. Articles 3, 20 to 41, 98 to 101, 104 and 108(2)(c)(ii) shall be deleted;
2. in Article 107(3), the first subparagraph shall be deleted;
3. in Article 108(2)(a), the words "the conditions of establishment, the control and circulation of listing particulars to be published for admission" shall be deleted;
4. Annex I shall be deleted.
Article 28
Repeal
With effect from the date indicated in Article 29, Directive 89/298/EEC shall be repealed. References to the repealed Directive shall be construed as references to this Directive.
Article 29
Transposition
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 1 July 2005. They shall forthwith inform the Commission thereof. When Member States adopt those measures they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods for making such reference shall be laid down by Member States.
Article 30
Transitional provision
1. Issuers which are incorporated in a third country and whose securities have already been admitted to trading on a regulated market shall choose their competent authority in accordance with Article 2(1)(m)(iii) and notify their decision to the competent authority of their chosen home Member State by 31 December 2005.
2. By way of derogation from Article 3, Member States which have used the exemption in Article 5(a) of Directive 89/298/EEC may continue to allow credit institutions or other financial institutions equivalent to credit institutions which are not covered by Article 1(2)(j) of this Directive to offer debt securities or other transferable securities equivalent to debt securities issued in a continuous or repeated manner within their territory for five years following the date of entry into force of this Directive.
3. By way of derogation from Article 29, the Federal Republic of Germany shall comply with Article 21(1) by 31 December 2008.
Article 31
Review
Five years after the date of entry into force of this Directive, the Commission shall make an assessment of the application of this Directive and present a report to the European Parliament and the Council, accompanied where appropriate by proposals for its review.
Article 32
Entry into force
This Directive shall enter into force on the day of its publication in the Official Journal of the European Union.
Article 33
Addressees
This Directive is addressed to the Member States.
Done at Brussels, 4 November 2003. | [
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COUNCIL DECISION of 20 November 1997 appointing a member of the Economic and Social Committee (97/791/EC, Euratom)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 194 thereof,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 166 thereof,
Having regard to the Council Decision of 26 September 1994 appointing the members of the Economic and Social Committee for the period up to 20 September 1998 (1),
Whereas a set as a member of that committee has fallen vacant following the resignation of Mr Henri Bordes-Pages, of which the Council was notified on 21 January 1997;
Having regard to the nominations submitted by the French Government,
Having obtained the opinion of the Commission of the European Communities,
HAS DECIDED AS FOLLOWS:
Sole Article
Mr Claude Cambus is hereby appointed a member of the Economic and Social Committee in place of Mr Henri Bordes-Pages for the remainder of the latter's term of office, which runs until 20 September 1998.
Done at Brussels, 20 November 1997. | [
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COMMISSION DECISION of 30 January 1981 on the list of establishments in the Republic of Uruguay approved for the purposes of the importation of fresh beef and veal, sheepmeat and meat of domestic solipeds into the Community (81/92/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), and in particular Articles 4 (1) and 18 (1) (a) and (b) thereof,
Whereas establishments in non-member 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 Uruguay has forwarded, in accordance with Article 4 (3) of Directive 72/462/EEC, a list of the establishments authorized to export to the Community;
Whereas Community on-the-spot inspections have shown that the hygiene standards of many of these establishments are sufficient and they may therefore be entered on a first list, drawn up in accordance with Article 4 (1) of the said Directive, of establishments from which importation of fresh meat may be authorized;
Whereas the case of the other establishments proposed by Uruguay must be re-examined on the basis of additional information regarding their hygiene standards and their ability to adapt quickly to the relevant Community legislation ; whereas, in the meantime and so as to avoid any abrupt interruption of existing trade flows, these establishments may be authorized temporarily to continue their exports of fresh meat to those Member States prepared to accept them;
Whereas it will therefore be necessary to re-examine and, if necessary, amend this Decision in the light of steps taken to this end and improvements made;
Whereas it should be recalled that imports of fresh meat are also subject to other Community veterinary legislation, particularly as regards health protection requirements, including the special provisions in respect of Denmark, Ireland and the United Kingdom;
Whereas the conditions of importation of fresh meat from establishments appearing on the list annexed to this Decision remain subject to Community provisions laid down elsewhere and to the general provisions of the Treaty ; whereas, in particular, the importation from non-member countries and the re-exportation to other Member States of certain categories of meat, such as meat weighing less than 3 kilograms, or meat containing residues of certain substances which are not yet covered by special harmonized rules, remain subject to the health legislation of the importing Member State;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
1. The establishments in the Republic of Uruguay listed in the Annex are hereby approved for the purposes of the importation of fresh beef and veal, sheepmeat and meat of domestic solipeds into the Community.
2. Imports from those establishments shall remain subject to the Community veterinary provisions laid down elsewhere, and in particular those concerning health protection requirements.
Article 2
1. Member States shall prohibit imports of the categories of fresh meat referred to in Article 1 (1) coming from establishments other than those listed in the Annex.
2. This prohibition, however, shall not apply until 31 August 1981 to establishments which are not listed in the Annex but which have been officially approved and proposed by the Uruguayan authorities as of 1 September 1980, pursuant to Article 4 (3) of Directive 72/462/EEC, unless a decision is taken to the contrary, in accordance with Article 4 (1) of the abovementioned Directive, before 1 September 1981.
(1) OJ No L 302, 31.12.1972, p. 28. The Commission shall forward the list of these establishments to the Member States.
Article 3
This Decision shall enter into force on 1 February 1981.
Article 4
This Decision shall be reviewed and if necessary amended before 1 July 1981.
Article 5
This Decision is addressed to the Member States.
Done at Brussels, 30 January 1981. | [
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COMMISSION DECISION
of 3 March 2006
authorising the placing on the market of food containing, consisting of, or produced from genetically modified maize line 1507 (DAS-Ø15Ø7-1) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council
(2006/197/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed (1), and in particular Article 7(3) thereof,
Whereas:
(1)
On 15 February 2001, Pioneer Overseas Corporation and Dow AgroSciences Europe jointly submitted to the competent authorities of the Netherlands a request, in accordance with Article 4 of Regulation (EC) No 258/97 of the European Parliament and of the Council of 27 January 1997 concerning novel foods and novel food ingredients (2), for the placing on the market of foods and food ingredients derived from genetically modified maize line 1507 as novel foods or as novel food ingredients (the products).
(2)
In their initial assessment report of 4 November 2003, the Netherlands competent food assessment body concluded that the products are just as safe as foods and food ingredients derived from conventional maize lines and may be used in the same manner.
(3)
The Commission forwarded the initial assessment report to all Member States on 10 November 2003. Within the 60-day period laid down in Article 6(4) of Regulation (EC) No 258/97, reasoned objections to the placing on the market of the products were raised in accordance with that provision. As a consequence, an additional assessment report was required.
(4)
Article 46(1) of Regulation (EC) No 1829/2003 (hereinafter referred to as the Regulation) provides that requests submitted pursuant to Article 4 of Regulation (EC) No 258/97 before the date of application of the Regulation, i.e. 18 April 2004, shall be transformed into applications pursuant to Chapter II, Section 1 of the Regulation in cases where an additional assessment report is required in accordance with Article 6(3) or (4) of Regulation (EC) No 258/97.
(5)
The scope of Regulation (EC) No 258/97 is limited to the placing on the market, within the Community, of novel foods or novel food ingredients. Consequently the present decision does not cover the placing on the market of feed containing, consisting of or produced from maize line 1507.
(6)
In particular, the placing on the market of genetically modified maize line 1507 as or in some products including feed containing or consisting of this maize is subject to Commission Decision 2005/772/EC of 3 November 2005 concerning the placing on the market, in accordance with Directive 2001/18/EC of the European Parliament and of the Council, of a maize product (Zea mays L., line 1507) genetically modified for resistance to certain lepidopteran pests and for tolerance to the herbicide glufosinate-ammonium (3).
(7)
Feed produced from maize line 1507 has been placed on the market before the date of application of the Regulation, i.e. 18 April 2004. As a consequence, it is subject to the requirements provided for in Article 20 of the Regulation and may be placed on the market and used in accordance with the conditions laid down in the Community Register of genetically modified food and feed.
(8)
On 3 March 2005, the European Food Safety Authority (Authority) gave its opinion in accordance with Article 6 of the Regulation that there is no evidence to indicate that the placing on the market of the products is likely to cause adverse effects on human or animal health or the environment (4). In giving its opinion, the Authority considered all specific questions and concerns raised by the Member States.
(9)
Accordingly, the Authority advised that no specific labelling requirements other than those provided for in Article 13(1) of the Regulation are necessary. The Authority also advised that no specific conditions or restrictions for the placing on the market and/or specific conditions or restrictions for the use and handling, including post-market monitoring requirements, and no specific conditions for the protection of particular ecosystems/environment and/or geographical areas, as provided for in point (e) of Article 6(5) of the Regulation, are required.
(10)
In its opinion, the Authority concluded that the environmental monitoring plan, consisting of a general surveillance plan, submitted by the applicant is in line with the intended use of the products.
(11)
In the light of the above considerations, authorisation should be granted.
(12)
A unique identifier should be assigned to maize line 1507 as provided for in Commission Regulation (EC) No 65/2004 of 14 January 2004 establishing a system for the development and assignment of unique identifiers for genetically modified organisms (5).
(13)
All information contained in the Annex to this Decision on the authorisation of the products should be entered in the Community Register of genetically modified food and feed as provided for in the Regulation.
(14)
In accordance with Article 4(2) of the Regulation, the conditions for authorisation of the product bind all persons placing it on the market.
(15)
This Decision should be notified through the Biosafety Clearing House to the Parties to the Cartagena Protocol on Biosafety to the Convention on Biological Diversity, pursuant to Articles 9(1) and to point 2(c) of Article 15 of Regulation (EC) No 1946/2003 of the European Parliament and of the Council of 15 July 2003 on transboundary movements of genetically modified organisms (6).
(16)
No opinion was delivered by the Standing Committee on the Food Chain and Animal Health; the Commission has therefore submitted a proposal to the Council on 5 October 2005 in accordance with Article 5(4) of Council Decision 1999/468/EC (7), the Council being required to act within three months.
(17)
However, the Council has not acted within the required time limit; a Decision should now be adopted by the Commission,
HAS DECIDED AS FOLLOWS:
Article 1
Products
This Decision covers foods and food ingredients containing, consisting of, or produced from the genetically modified maize (Zea mays L.) line 1507 further specified in the Annex to this Decision (the products) and assigned the unique identifier DAS-Ø15Ø7-1, as provided for in Regulation (EC) No 65/2004.
Article 2
Placing on the market
The placing on the market of the products, according to the conditions specified in this Decision and its Annex, is authorised for the purposes of Article 4(2) of Regulation (EC) No 1829/2003.
Article 3
Labelling
For the purposes of the specific labelling requirements provided for in Article 13(1) of Regulation (EC) No 1829/2003, the ‘name of the organism’ shall be ‘maize’.
Article 4
Monitoring for environmental effects
1. Authorisation holders shall ensure that the monitoring plan for environmental effects, as specified in the Annex to this Decision, is put in place and implemented.
2. Authorisation holders shall submit to the Commission annual reports on the implementation and the results of the monitoring activities.
The reports shall clearly state those parts of the reports which are considered to be confidential, together with a verifiable justification for confidentiality in accordance with Article 30 of Regulation (EC) No 1829/2003.
Confidential parts of such reports shall be submitted in separate documents.
Article 5
Community Register
The information in the Annex to this Decision shall be entered in the Community Register of genetically modified food and feed, as provided for in Article 28 of Regulation (EC) No 1829/2003.
Article 6
Authorisation holders
The authorisation holders are:
(a)
Pioneer Overseas Corporation, Belgium, representing Pioneer Hi-Bred International, United States of America; and
(b)
Dow AgroSciences Europe, United Kingdom, representing Mycogen Seeds, United States of America;
both of which are responsible for fulfilling the duties of authorisation holders provided for in this Decision and in Regulation (EC) No 1829/2003.
Article 7
Validity
This Decision shall be valid for a period of 10 years from the date of its adoption.
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COUNCIL REGULATION (EEC) No 1733/91 of 13 June 1991 fixing the amount of aid in respect of silkworms for the 1991/92 rearing year
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Act of Accession of Spain and Portugal, and in particular Articles 89 (1) and 234 (2) thereof,
Having regard to Council Regulation (EEC) No 845/72 of 24 April 1972 laying down special measures to encourage silkworm rearing (1), as last amended by Regulation (EEC) No 4005/87 (2), and in particular Article 2 (3) thereof,
Having regard to the proposal from the Commission (3),
Having regard to the opinion of the European Parliament (4),
Having regard to the opinion of the Economic and Social Committee (5),
Whereas Article 2 of Regulation (EEC) No 845/72 provides that the amount of aid for silkworms reared within the Community must be fixed each year in such a way as to help ensure a fair income for silkworm rearers, taking into account the state of the market in cocoons and raw silk, of foreseeable trends on that market and of import policy;
Whereas Articles 79 and 246 of the Act of Accession of Spain and Portugal establish the criteria for fixing the amount of aid in respect of silkworms in these two Member States;
Whereas application of the abovementioned criteria entails fixing the amount of aid at the level mentioned below,
HAS ADOPTED THIS REGULATION:
Article 1
For the 1991/92 rearing year, the amount of aid in respect of silkworms as referred to in Article 2 of Regulation (EEC) No 845/72 shall be fixed per box of silkworm eggs used at:
- ECU 95,80 for Spain and Portugal,
- ECU 111,81 for the other Member States.
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
It shall apply with effect from 1 April 1991.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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