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COUNCIL DECISION
of 26 October 1992
concerning the conclusion of an Agreement in the form of an exchange of letters between the European Economic Community and the United States of America concerning the application of the Community third country Directive, Council Directive 72/462/EEC, and the corresponding United States of America regulatory requirements with respect to trade in fresh bovine and porcine meat
(93/158/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 Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine animals and swine and ovine and caprine animals and fresh meat or meat products from third countries (1), hereafter referred to as ‘the Community third country Directive’,
Having regard to Commission Decision 87/257/EEC of 28 April 1987 on the list of establishments in the United States of America approved for the purpose of importing fresh meat into the Community (2),
Having regard to the recommendation from the Commission,
Whereas, under an exchange of letters signed on 7 May 1991, as referred to in Article 2 (2) of Decision 91/552/EEC, the Commission and the Government of the United States of America commenced a comparative examination of the Community third country Directive and corresponding United States of America regulatory requirements with respect to trade in fresh bovine and porcine meat, with the objective of determining whether Community and United States of America requirements are equivalent;
Whereas, this comparative examination has been completed and has shown that the regulatory requirements of the Community and the United States of America basically provide equivalent safeguards against public health risks;
Whereas, to ensure recognition of equivalency, it is desirable to establish an agreed process for the application of the regulatory requirements of both the Community and the United States of America in order to safeguard and facilitate future trade in fresh bovine and porcine meat; whereas an Agreement has been reached to that end;
Whereas, in the context of the establishment of such a process, the Commission will submit appropriate proposals to the Council on the Community third country Directive;
Whereas, in the intervening period between conclusion of the Agreement and full implementation of the measures contained therein, interim measures are required to allow for the approval of additional establishments in the United States of America for the purpose of importing fresh bovine and porcine meat into the Community;
Whereas the Agreement should be approved,
HAS DECIDED AS FOLLOWS:
Article 1
The Agreement between the European Economic Community and the United States of America in the form of an exchange of letters concerning the application of the Community third country Directive, Council Directive 72/462/EEC and the corresponding United States of America regulatory requirements with respect to trade in fresh bovine and porcine meat is hereby approved on behalf of the European Economic Community.
The text of the Agreement is attached to this Decision.
Article 2
The President of the Council is hereby authorized to designate the person empowered to sign the Agreement in order to bind the Community.
This Decision shall be published in the Official Journal of the European Communities.
Done at Luxembourg, 26 October 1992. | [
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*****
COMMISSION REGULATION (EEC) No 1135/86
of 18 April 1986
amending Regulation (EEC) No 2475/85 laying down detailed rules, for the application of Regulation (EEC) No 777/85 on the granting, for the 1985/86 to 1989/90 wine years, of permanent-abondonment premiums in respect of certain areas under vines
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 777/85 of 26 March 1985 on the granting, for the 1985/86 to 1989/90 wine years, of permanent-abandonment premiums in respect of certain areas under vines (1), as amended by Regulation (EEC) No 3775/85 (2), and in particular Article 2 (4) thereof,
Whereas the Annex to Commission Regulation (EEC) No 2475/85 (3) specifies the varieties referred to in the first indent of Article 2 (1) (c) of Regulation (EEC) No 777/85; whereas the list of the said varieties should in the light of the experience gained, be amended;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Wine,
HAS ADOPTED THIS REGULATION:
Article 1
The list of varieties set out in the Annex to Regulation (EEC) No 2475/85 is hereby amended as follows:
(a) 'Dabouki' is added to point 1.
(b) 'Schiava grossa (Frankental)' is deleted from point 3.
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of he European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 April 1986. | [
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DIRECTIVE 2009/73/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 13 July 2009
concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 47(2) and Articles 55 and 95 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social Committee (1),
Having regard to the opinion of the Committee of the Regions (2),
Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),
Whereas:
(1)
The internal market in natural gas, which has been progressively implemented throughout the Community since 1999, aims to deliver real choice for all consumers of the European Union, be they citizens or businesses, new business opportunities and more cross-border trade, so as to achieve efficiency gains, competitive prices, and higher standards of service, and to contribute to security of supply and sustainability.
(2)
Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas (4) has made a significant contribution towards the creation of such an internal market in natural gas.
(3)
The freedoms which the Treaty guarantees the citizens of the Union - inter alia, the free movement of goods, the freedom of establishment and the freedom to provide services - are achievable only in a fully open market, which enables all consumers freely to choose their suppliers and all suppliers freely to deliver to their customers.
(4)
However, at present, there are obstacles to the sale of gas on equal terms and without discrimination or disadvantages in the Community. In particular, non-discriminatory network access and an equally effective level of regulatory supervision in each Member State do not yet exist.
(5)
The Communication of the Commission of 10 January 2007 entitled ‘An Energy Policy for Europe’ highlighted the importance of completing the internal market in natural gas and of creating a level playing field for all natural gas undertakings established in the Community. The Communications of the Commission of 10 January 2007 entitled ‘Prospects for the internal gas and electricity market’ and ‘Inquiry pursuant to Article 17 of Regulation (EC) No 1/2003 into the European gas and electricity sectors (Final Report)’ showed that the present rules and measures do not provide the necessary framework for achieving the objective of a well-functioning internal market.
(6)
Without effective separation of networks from activities of production and supply (effective unbundling), there is a risk of discrimination not only in the operation of the network but also in the incentives for vertically integrated undertakings to invest adequately in their networks.
(7)
The rules on legal and functional unbundling as provided for in Directive 2003/55/EC have not, however, led to effective unbundling of the transmission system operators. At its meeting on 8 and 9 March 2007, the European Council therefore invited the Commission to develop legislative proposals for the ‘effective separation of supply and production activities from network operations’.
(8)
Only the removal of the incentive for vertically integrated undertakings to discriminate against competitors as regards network access and investment can ensure effective unbundling. Ownership unbundling, which implies the appointment of the network owner as the system operator and its independence from any supply and production interests, is clearly an effective and stable way to solve the inherent conflict of interests and to ensure security of supply. For that reason, the European Parliament, in its resolution of 10 July 2007 on prospects for the internal gas and electricity market (5) referred to ownership unbundling at transmission level as the most effective tool by which to promote investments in infrastructure in a non-discriminatory way, fair access to the network for new entrants and transparency in the market. Under ownership unbundling, Member States should therefore be required to ensure that the same person or persons are not entitled to exercise control over a production or supply undertaking and, at the same time, exercise control or any right over a transmission system operator or transmission system. Conversely, control over a transmission system or transmission system operator should preclude the possibility of exercising control or any right over a production or supply undertaking. Within those limits, a production or supply undertaking should be able to have a minority shareholding in a transmission system operator or transmission system.
(9)
Any system for unbundling should be effective in removing any conflict of interests between producers, suppliers and transmission system operators, in order to create incentives for the necessary investments and guarantee the access of new market entrants under a transparent and efficient regulatory regime and should not create an overly onerous regulatory regime for national regulatory authorities.
(10)
The definition of the term ‘control’ is taken from Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation) (6).
(11)
Since ownership unbundling requires, in some instances, the restructuring of undertakings, Member States that decide to implement ownership unbundling should be granted additional time to apply the relevant provisions. In view of the vertical links between the electricity and gas sectors, the unbundling provisions should apply across the two sectors.
(12)
Under ownership unbundling, to ensure full independence of network operation from supply and production interests and to prevent exchanges of any confidential information, the same person should not be a member of the managing boards of both a transmission system operator or a transmission system and an undertaking performing any of the functions of production or supply. For the same reason, the same person should not be entitled to appoint members of the managing boards of a transmission system operator or a transmission system and to exercise control or any right over a production or supply undertaking.
(13)
The setting up of a system operator or a transmission operator that is independent from supply and production interests should enable a vertically integrated undertaking to maintain its ownership of network assets whilst ensuring an effective separation of interests, provided that such independent system operator or such independent transmission operator performs all the functions of a system operator and detailed regulation and extensive regulatory control mechanisms are put in place.
(14)
Where, on 3 September 2009, an undertaking owning a transmission system is part of a vertically integrated undertaking, Member States should therefore be given a choice between ownership unbundling and setting up a system operator or transmission operator which is independent from supply and production interests.
(15)
To preserve fully the interests of the shareholders of vertically integrated undertakings, Member States should have the choice of implementing ownership unbundling either by direct divestiture or by splitting the shares of the integrated undertaking into shares of the network undertaking and shares of the remaining supply and production undertaking, provided that the requirements resulting from ownership unbundling are complied with.
(16)
The full effectiveness of the independent system operator or independent transmission operator solutions should be ensured by way of specific additional rules. The rules on the independent transmission operator provide an appropriate regulatory framework to guarantee fair competition, sufficient investment, access for new market entrants and the integration of gas markets. Effective unbundling through the independent transmission operator provisions should be based on a pillar of organisational measures and measures relating to the governance of transmission system operators and on a pillar of measures relating to investment, connecting new production capacities to the network and market integration through regional cooperation. The independence of the transmission operator should also, inter alia, be ensured through certain ‘cooling-off’ periods during which no management or other relevant activity giving access to the same information as could have been obtained in a managerial position is exercised in the vertically integrated undertaking. The independent transmission operator model of effective unbundling is in line with the requirements laid down by the European Council at its meeting on 8 and 9 March 2007.
(17)
In order to develop competition in the internal market in gas, large non-household customers should be able to choose their suppliers and enter into contracts with several suppliers to secure their gas requirements. Such customers should be protected against exclusivity clauses, the effect of which is to exclude competing or complementary offers.
(18)
A Member State has the right to opt for full ownership unbundling in its territory. Where a Member State has exercised that right, an undertaking does not have the right to set up an independent system operator or an independent transmission operator. Furthermore, an undertaking performing any of the functions of production or supply cannot directly or indirectly exercise control or any right over a transmission system operator from a Member State that has opted for full ownership unbundling.
(19)
Under this Directive different types of market organisation will exist in the internal market in natural gas. The measures that Member States could take in order to ensure a level playing field should be based on overriding requirements of general interest. The Commission should be consulted on the compatibility of the measures with the Treaty and Community law.
(20)
The implementation of effective unbundling should respect the principle of non-discrimination between the public and private sectors. To that end, the same person should not be able to exercise control or any right, in violation of the rules of ownership unbundling or the independent system operator option, solely or jointly, over the composition, voting or decision of the bodies of both the transmission system operators or the transmission systems and the production or supply undertakings. With regard to ownership unbundling and the independent system operator solution, provided that the Member State in question is able to demonstrate that the requirement is complied with, two separate public bodies should be able to control production and supply activities on the one hand and transmission activities on the other.
(21)
Fully effective separation of network activities from supply and production activities should apply throughout the Community to both Community and non-Community undertakings. To ensure that network activities and supply and production activities throughout the Community remain independent from each other, regulatory authorities should be empowered to refuse certification to transmission system operators that do not comply with the unbundling rules. To ensure the consistent application of those rules across the Community, the regulatory authorities should take utmost account of the Commission’s opinion when the former take decisions on certification. To ensure, in addition, respect for the international obligations of the Community and solidarity and energy security within the Community, the Commission should have the right to give an opinion on certification in relation to a transmission system owner or a transmission system operator which is controlled by a person or persons from a third country or third countries.
(22)
The security of energy supply is an essential element of public security and is therefore inherently connected to the efficient functioning of the internal market in gas and the integration of the isolated gas markets of Member States. Gas can reach the citizens of the Union only through the network. Functioning open gas markets and, in particular, the networks and other assets associated with gas supply are essential for public security, for the competitiveness of the economy and for the well-being of the citizens of the Union. Persons from third countries should therefore only be allowed to control a transmission system or a transmission system operator if they comply with the requirements of effective separation that apply inside the Community. Without prejudice to the international obligations of the Community, the Community considers that the gas transmission system sector is of high importance to the Community and therefore additional safeguards are necessary regarding the preservation of the security of supply of energy to the Community to avoid any threats to public order and public security in the Community and the welfare of the citizens of the Union. The security of supply of energy to the Community requires, in particular, an assessment of the independence of network operation, the level of the Community’s and individual Member States’ dependence on energy supply from third countries, and the treatment of both domestic and foreign trade and investment in energy in a particular third country. Security of supply should therefore be assessed in the light of the factual circumstances of each case as well as the rights and obligations arising under international law, in particular the international agreements between the Community and the third country concerned. Where appropriate the Commission is encouraged to submit recommendations to negotiate relevant agreements with third countries addressing the security of supply of energy to the Community or to include the necessary issues in other negotiations with those third countries.
(23)
Further measures should be taken in order to ensure transparent and non-discriminatory tariffs for access to transport. Those tariffs should be applicable to all users on a non-discriminatory basis. Where a storage facility, linepack or ancillary service operates in a sufficiently competitive market, access could be allowed on the basis of transparent and non-discriminatory market-based mechanisms.
(24)
It is necessary to ensure the independence of storage system operators in order to improve third-party access to storage facilities that are technically and/or economically necessary for providing efficient access to the system for the supply of customers. It is therefore appropriate that storage facilities are operated through legally separate entities that have effective decision-making rights with respect to assets necessary to maintain, operate and develop storage facilities. It is also necessary to increase transparency in respect of the storage capacity that is offered to third parties, by obliging Member States to define and publish a non-discriminatory, clear framework that determines the appropriate regulatory regime applicable to storage facilities. That obligation should not require a new decision on access regimes but should improve the transparency regarding the access regime to storage. Confidentiality requirements for commercially sensitive information are particularly important where data of a strategic nature are concerned or where there is only a single user of a storage facility.
(25)
Non-discriminatory access to the distribution network determines downstream access to customers at retail level. The scope for discrimination as regards third party access and investment, however, is less significant at distribution level than at transmission level where congestion and the influence of production interests are generally greater than at distribution level. Moreover, legal and functional unbundling of distribution system operators was required, pursuant to Directive 2003/55/EC, only from 1 July 2007 and its effects on the internal market in natural gas still need to be evaluated. The rules on legal and functional unbundling currently in place can lead to effective unbundling provided they are more clearly defined, properly implemented and closely monitored. To create a level playing field at retail level, the activities of distribution system operators should therefore be monitored so that they are prevented from taking advantage of their vertical integration as regards their competitive position on the market, in particular in relation to household and small non-household customers.
(26)
Member States should take concrete measures to assist the wider use of biogas and gas from biomass, the producers of which should be granted non-discriminatory access to the gas system, provided that such access is compatible with the relevant technical rules and safety standards on an ongoing basis.
(27)
To avoid imposing a disproportionate financial and administrative burden on small distribution system operators, Member States should be able, where necessary, to exempt the undertakings concerned from the legal distribution unbundling requirements.
(28)
Where a closed distribution system is used to ensure the optimal efficiency of an integrated energy supply requiring specific operational standards, or a closed distribution system is maintained primarily for the use of the owner of the system, it should be possible to exempt the distribution system operator from obligations which would constitute an unnecessary administrative burden because of the particular nature of the relationship between the distribution system operator and the users of the system. Industrial, commercial or shared services sites such as train station buildings, airports, hospitals, large camping sites with integrated facilities or chemical industry sites can include closed distribution systems because of the specialised nature of their operations.
(29)
Directive 2003/55/EC introduced a requirement for Member States to establish regulators with specific competences. However, experience shows that the effectiveness of regulation is frequently hampered through a lack of independence of regulators from government, and insufficient powers and discretion. For that reason, at its meeting on 8 and 9 March 2007, the European Council invited the Commission to develop legislative proposals providing for further harmonisation of the powers and strengthening of the independence of national energy regulators. It should be possible for those national regulatory authorities to cover both the electricity and the gas sectors.
(30)
Energy regulators need to be able to take decisions in relation to all relevant regulatory issues if the internal market in natural gas is to function properly, and to be fully independent from any other public or private interests. This precludes neither judicial review nor parliamentary supervision in accordance with the constitutional law of the Member States. In addition, approval of the budget of the regulator by the national legislator does not constitute an obstacle to budgetary autonomy. The provisions relating to autonomy in the implementation of the allocated budget of the regulatory authority should be implemented within the framework defined by national budgetary law and rules. While contributing to the independence of the national regulatory authority from any political or economic interest through an appropriate rotation scheme, it should be possible for Member States to take due account of the availability of human resources and of the size of the board.
(31)
In order to ensure effective market access for all market players, including new entrants, non-discriminatory and cost-reflective balancing mechanisms are necessary. This should be achieved through the setting up of transparent market-based mechanisms for the supply and purchase of gas, needed in the framework of balancing requirements. National regulatory authorities should play an active role to ensure that balancing tariffs are non-discriminatory and cost-reflective. At the same time, appropriate incentives should be provided to balance the in-put and off-take of gas and not to endanger the system.
(32)
National regulatory authorities should be able to fix or approve tariffs, or the methodologies underlying the calculation of the tariffs, on the basis of a proposal by the transmission system operator or distribution system operator(s) or liquefied natural gas (LNG) system operator, or on the basis of a proposal agreed between those operator(s) and the users of the network. In carrying out those tasks, national regulatory authorities should ensure that transmission and distribution tariffs are non-discriminatory and cost-reflective, and should take account of the long-term, marginal, avoided network costs from demand-side management measures.
(33)
Energy regulators should have the power to issue binding decisions in relation to natural gas undertakings and to impose effective, proportionate and dissuasive penalties on natural gas undertakings which fail to comply with their obligations or to propose that a competent court impose such penalties on them. Energy regulators should also be granted the power to decide, irrespective of the application of competition rules, on appropriate measures ensuring customer benefits through the promotion of effective competition necessary for the proper functioning of the internal market in natural gas. The establishment of gas-release programmes is one of the possible measures that can be used to promote effective competition and ensure the proper functioning of the market. Energy regulators should also be granted the powers to contribute to ensuring high standards of public service in compliance with market opening, to the protection of vulnerable customers, and to the full effectiveness of consumer protection measures. Those provisions should be without prejudice to both the Commission’s powers concerning the application of competition rules including the examination of mergers with a Community dimension, and the rules on the internal market such as the free movement of capital. The independent body to which a party affected by the decision of a national regulator has a right to appeal could be a court or other tribunal empowered to conduct a judicial review.
(34)
Any harmonisation of the powers of national regulatory authorities should include the powers to provide incentives to natural gas undertakings and to impose effective, proportionate and dissuasive penalties on natural gas undertakings or to propose that a competent court impose such penalties. Moreover, regulatory authorities should have the power to request relevant information from natural gas undertakings, make appropriate and sufficient investigations and settle disputes.
(35)
Investments in major new infrastructure should be strongly promoted while ensuring the proper functioning of the internal market in natural gas. In order to enhance the positive effect of exempted infrastructure projects on competition and security of supply, market interest during the project planning phase should be tested and congestion management rules should be implemented. Where an infrastructure is located in the territory of more than one Member State, the Agency for the Cooperation of Energy Regulators established by Regulation (EC) No 713/2009 of the European Parliament and of the Council of 13 July 2009 establishing an Agency for the Cooperation of Energy Regulators (7) (the ‘Agency’) should handle as a last resort the exemption request in order to take better account of its cross-border implications and to facilitate its administrative handling. Moreover, given the exceptional risk profile of constructing those exempt major infrastructure projects, it should be possible temporarily to grant partial derogations to undertakings with supply and production interests in respect of the unbundling rules for the projects concerned. The possibility of temporary derogations should apply, for security of supply reasons, in particular, to new pipelines within the Community transporting gas from third countries into the Community. Exemptions granted under Directive 2003/55/EC continue to apply until the scheduled expiry date as decided in the granted exemption decision.
(36)
The internal market in natural gas suffers from a lack of liquidity and transparency hindering the efficient allocation of resources, risk hedging and new entry. Trust in the market, its liquidity and the number of market participants needs to increase, and, therefore, regulatory oversight of undertakings active in the supply of gas needs to be increased. Such requirements should be without prejudice to, and compatible with, existing Community law in relation to the financial markets. Energy regulators and financial market regulators need to cooperate in order to enable each other to have an overview of the markets concerned.
(37)
Natural gas is mainly, and increasingly, imported into the Community from third countries. Community law should take account of the characteristics of natural gas, such as certain structural rigidities arising from the concentration of suppliers, the long-term contracts or the lack of downstream liquidity. Therefore, more transparency is needed, including in regard to the formation of prices.
(38)
Prior to the adoption by the Commission of Guidelines defining further the record-keeping requirements, the Agency and the Committee of European Securities Regulators (the ‘CESR’), established by Commission Decision 2009/77/EC (8), should confer and advise the Commission in regard to their content. The Agency and the CESR should also cooperate to investigate further and advise on whether transactions in gas supply contracts and gas derivatives should be subject to pre- and/or post-trade transparency requirements and, if so, what the content of those requirements should be.
(39)
Member States or, where a Member State has so provided, the regulatory authority, should encourage the development of interruptible supply contracts.
(40)
In the interests of security of supply, the balance between supply and demand in individual Member States should be monitored, and such monitoring should be followed by a report on the situation at Community level, taking account of interconnection capacity between areas. Such monitoring should be carried out sufficiently early to enable appropriate measures to be taken if security of supply is compromised. The construction and maintenance of the necessary network infrastructure, including interconnection capacity, should contribute to ensuring a stable gas supply.
(41)
Member States should ensure that, taking into account the necessary quality requirements, biogas and gas from biomass or other types of gas are granted non-discriminatory access to the gas system, provided such access is permanently compatible with the relevant technical rules and safety standards. Those rules and standards should ensure that those gases can technically and safely be injected into, and transported through the natural gas system and should also address their chemical characteristics.
(42)
Long-term contracts will continue to be an important part of the gas supply of Member States and should be maintained as an option for gas supply undertakings in so far as they do not undermine the objective of this Directive and are compatible with the Treaty, including the competition rules. It is therefore necessary to take into account long-term contracts in the planning of supply and transport capacity of natural gas undertakings.
(43)
In order to ensure the maintenance of high standards of public service in the Community, all measures taken by Member States to achieve the objectives of this Directive should be regularly notified to the Commission. The Commission should regularly publish a report analysing measures taken at national level to achieve public service objectives and comparing their effectiveness, with a view to making recommendations as regards measures to be taken at national level to achieve high public service standards. Member States should ensure that when they are connected to the gas system customers are informed about their rights to be supplied with natural gas of a specified quality at reasonable prices. Measures taken by Member States to protect final customers may differ according to whether they are aimed at household customers or small and medium-sized enterprises.
(44)
Respect for the public service requirements is a fundamental requirement of this Directive, and it is important that common minimum standards, respected by all Member States, are specified in this Directive, which take into account the objectives of common protection, security of supply, environmental protection and equivalent levels of competition in all Member States. It is important that the public service requirements can be interpreted on a national basis, taking into account national circumstances and subject to the respect of Community law.
(45)
It should be possible for measures implemented by Member States to achieve the objectives of social and economic cohesion to include, in particular, the provision of adequate economic incentives, using, where appropriate, all existing national and Community tools. It should be possible for such tools to include liability mechanisms to guarantee the necessary investment.
(46)
To the extent to which measures taken by Member States to fulfil public service obligations constitute State aid under Article 87(1) of the Treaty, there is an obligation under Article 88(3) of the Treaty to notify them to the Commission.
(47)
The public service requirements and the common minimum standards that follow from them need to be further strengthened to make sure that all consumers, especially vulnerable ones, can benefit from competition and fair prices. The public service requirements should be defined at national level, taking into account national circumstances; Community law should, however, be respected by the Member States. The citizens of the Union and, where Member States deem it to be appropriate, small enterprises, should be able to enjoy public service obligations, in particular with regard to security of supply and reasonable tariffs. A key aspect in supplying customers is access to objective and transparent consumption data. Thus, consumers should have access to their consumption data and associated prices and services costs so that they can invite competitors to make an offer based on those data. Consumers should also have the right to be properly informed about their energy consumption. Prepayments should reflect the likely consumption of natural gas and different payment systems should be non-discriminatory. Information on energy costs provided to consumers frequently enough will create incentives for energy savings because it will give customers direct feedback on the effects of investment in energy efficiency and change of behaviour.
(48)
Consumer interests should be at the heart of this Directive and quality of service should be a central responsibility of natural gas undertakings. Existing rights of consumers need to be strengthened and guaranteed, and should include greater transparency. Consumer protection should ensure that all consumers in the wider remit of the Community benefit from a competitive market. Consumer rights should be enforced by Member States or, where a Member State has so provided, the regulatory authorities.
(49)
Clear and comprehensible information should be made available to consumers concerning their rights in relation to the energy sector. The Commission should establish, after consulting relevant stakeholders including Member States, national regulatory authorities, consumer organisations and natural gas undertakings, an accessible, user-friendly energy consumer checklist providing consumers with practical information about their rights. That energy consumer checklist should be provided to all consumers and should be made publicly available.
(50)
Energy poverty is a growing problem in the Community. Member States which are affected and which have not yet done so should, therefore, develop national action plans or other appropriate frameworks to tackle energy poverty, aiming at decreasing the number of people suffering such situation. In any event, Member States should ensure the necessary energy supply for vulnerable customers. In doing so, an integrated approach, such as in the framework of social policy, could be used and measures could include social policies or energy efficiency improvements for housing. At the very least, this Directive should allow national policies in favour of vulnerable customers.
(51)
Greater consumer protection is guaranteed by the availability of effective means of dispute settlement for all consumers. Member States should introduce speedy and effective complaint handling procedures.
(52)
It should be possible to base the introduction of intelligent metering systems on an economic assessment. Should that assessment conclude that the introduction of such metering systems is economically reasonable and cost-effective only for consumers with a certain amount of gas consumption, Member States should be able to take this into account when implementing intelligent metering systems.
(53)
Market prices should give the right incentives for the development of the network.
(54)
Promoting fair competition and easy access for different suppliers should be of the utmost importance for Member States in order to allow consumers to take full advantage of the opportunities of a liberalised internal market in natural gas.
(55)
In order to contribute to security of supply whilst maintaining a spirit of solidarity between Member States, notably in the event of an energy supply crisis, it is important to provide a framework for regional cooperation in a spirit of solidarity. Such cooperation may rely, if Member States so decide, first and foremost on market-based mechanisms. Cooperation for the promotion of regional and bilateral solidarity should not impose a disproportionate burden on or discriminate between market participants.
(56)
With a view to creating an internal market in natural gas, Member States should foster the integration of their national markets and the cooperation of system operators at Community and regional level, also incorporating the isolated systems forming gas islands that persist in the Community.
(57)
The development of a true internal market in natural gas, through a network connected across the Community, should be one of the main goals of this Directive and regulatory issues on cross border interconnections and regional markets should, therefore, be one of the main tasks of the regulatory authorities, in close cooperation with the Agency where relevant.
(58)
Securing common rules for a true internal market and a broad supply of gas should also be one of the main goals of this Directive. To that end, undistorted market prices would provide an incentive for cross-border interconnections while leading, in the long term, to price convergence.
(59)
The regulatory authorities should also provide information on the market to permit the Commission to exercise its role of observing and monitoring the internal market in natural gas and its short, medium and long-term evolution, including aspects such as supply and demand, transmission and distribution infrastructure, quality of service, cross-border trade, congestion management, investments, wholesale and consumer prices, market liquidity and environmental and efficiency improvements. National regulatory authorities should report to the competition authorities and the Commission those Member States in which prices impair competition and proper functioning of the market.
(60)
Since the objective of this Directive, namely the creation of a fully operational internal market in natural gas, cannot be sufficiently achieved by the Member States and can therefore be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.
(61)
Under Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks (9), the Commission may adopt Guidelines to achieve the necessary degree of harmonisation. Such Guidelines, which constitute binding implementing measures, are, also with regard to certain provisions of this Directive, a useful tool which can be adapted quickly where necessary.
(62)
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 (10).
(63)
In particular, the Commission should be empowered to adopt the Guidelines necessary for providing the minimum degree of harmonisation required to achieve the aim of this Directive. Since those measures are of general scope and are designed to amend non-essential elements of this Directive, by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
(64)
In accordance with point 34 of the Interinstitutional Agreement on better law-making (11), Member States are encouraged to draw up, for themselves and in the interest of the Community, their own tables, illustrating, as far as possible, the correlation between this Directive and the transposition measures, and to make them public.
(65)
Given the scope of the amendments made to Directive 2003/55/EC herein, it is desirable, for reasons of clarity and rationalisation, that the provisions in question should be recast by bringing them all together in a single text in a new Directive.
(66)
This Directive respects the fundamental rights, and observes the principles, recognised in particular by the Charter of Fundamental Rights of the European Union,
HAVE ADOPTED THIS DIRECTIVE:
CHAPTER I
SUBJECT MATTER, SCOPE AND DEFINITIONS
Article 1
Subject matter and scope
1. This Directive establishes common rules for the transmission, distribution, supply and storage of natural gas. It lays down the rules relating to the organisation and functioning of the natural gas sector, access to the market, the criteria and procedures applicable to the granting of authorisations for transmission, distribution, supply and storage of natural gas and the operation of systems.
2. The rules established by this Directive for natural gas, including LNG, shall also apply in a non-discriminatory way to biogas and gas from biomass or other types of gas in so far as such gases can technically and safely be injected into, and transported through, the natural gas system.
Article 2
Definitions
For the purposes of this Directive, the following definitions apply:
(1)
‘natural gas undertaking’ means a natural or legal person carrying out at least one of the following functions: production, transmission, distribution, supply, purchase or storage of natural gas, including LNG, which is responsible for the commercial, technical and/or maintenance tasks related to those functions, but shall not include final customers;
(2)
‘upstream pipeline network’ means any pipeline or network of pipelines operated and/or constructed as part of an oil or gas production project, or used to convey natural gas from one or more such projects to a processing plant or terminal or final coastal landing terminal;
(3)
‘transmission’ means the transport of natural gas through a network, which mainly contains high-pressure pipelines, other than an upstream pipeline network and other than the part of high-pressure pipelines primarily used in the context of local distribution of natural gas, with a view to its delivery to customers, but not including supply;
(4)
‘transmission system operator’ means a natural or legal person who carries out the function of transmission and is responsible for operating, ensuring the maintenance of, and, if necessary, developing the transmission system in a given area and, where applicable, its interconnections with other systems, and for ensuring the long-term ability of the system to meet reasonable demands for the transport of gas;
(5)
‘distribution’ means the transport of natural gas through local or regional pipeline networks with a view to its delivery to customers, but not including supply;
(6)
‘distribution system operator’ means a natural or legal person who carries out the function of distribution and is responsible for operating, ensuring the maintenance of, and, if necessary, developing the distribution system in a given area and, where applicable, its interconnections with other systems, and for ensuring the long-term ability of the system to meet reasonable demands for the distribution of gas;
(7)
‘supply’ means the sale, including resale, of natural gas, including LNG, to customers;
(8)
‘supply undertaking’ means any natural or legal person who carries out the function of supply;
(9)
‘storage facility’ means a facility used for the stocking of natural gas and owned and/or operated by a natural gas undertaking, including the part of LNG facilities used for storage but excluding the portion used for production operations, and excluding facilities reserved exclusively for transmission system operators in carrying out their functions;
(10)
‘storage system operator’ means a natural or legal person who carries out the function of storage and is responsible for operating a storage facility;
(11)
‘LNG facility’ means a terminal which is used for the liquefaction of natural gas or the importation, offloading, and re-gasification of LNG, and includes ancillary services and temporary storage necessary for the re-gasification process and subsequent delivery to the transmission system, but does not include any part of LNG terminals used for storage;
(12)
‘LNG system operator’ means a natural or legal person who carries out the function of liquefaction of natural gas, or the importation, offloading, and re-gasification of LNG and is responsible for operating a LNG facility;
(13)
‘system’ means any transmission networks, distribution networks, LNG facilities and/or storage facilities owned and/or operated by a natural gas undertaking, including linepack and its facilities supplying ancillary services and those of related undertakings necessary for providing access to transmission, distribution and LNG;
(14)
‘ancillary services’ means all services necessary for access to and the operation of transmission networks, distribution networks, LNG facilities, and/or storage facilities, including load balancing, blending and injection of inert gases, but not including facilities reserved exclusively for transmission system operators carrying out their functions;
(15)
‘linepack’ means the storage of gas by compression in gas transmission and distribution systems, but not including facilities reserved for transmission system operators carrying out their functions;
(16)
‘interconnected system’ means a number of systems which are linked with each other;
(17)
‘interconnector’ means a transmission line which crosses or spans a border between Member States for the sole purpose of connecting the national transmission systems of those Member States;
(18)
‘direct line’ means a natural gas pipeline complementary to the interconnected system;
(19)
‘integrated natural gas undertaking’ means a vertically or horizontally integrated undertaking;
(20)
‘vertically integrated undertaking’ means a natural gas undertaking or a group of natural gas undertakings where the same person or the same persons are entitled, directly or indirectly, to exercise control, and where the undertaking or group of undertakings perform at least one of the functions of transmission, distribution, LNG or storage, and at least one of the functions of production or supply of natural gas;
(21)
‘horizontally integrated undertaking’ means an undertaking performing at least one of the functions of production, transmission, distribution, supply or storage of natural gas, and a non-gas activity;
(22)
‘related undertaking’ means an affiliated undertaking, within the meaning of Article 41 of Seventh Council Directive 83/349/EEC of 13 June 1983 based on the Article 44(2)(g) (12) of the Treaty on consolidated accounts (13) and/or an associated undertaking, within the meaning of Article 33(1) of that Directive, and/or an undertaking which belong to the same shareholders;
(23)
‘system user’ means a natural or legal person supplying to, or being supplied by, the system;
(24)
‘customer’ means a wholesale or final customer of natural gas or a natural gas undertaking which purchases natural gas;
(25)
‘household customer’ means a customer purchasing natural gas for his own household consumption;
(26)
‘non-household customer’ means a customer purchasing natural gas which is not for his own household use;
(27)
‘final customer’ means a customer purchasing natural gas for his own use;
(28)
‘eligible customer’ means a customer who is free to purchase gas from the supplier of his choice, within the meaning of Article 37;
(29)
‘wholesale customer’ means a natural or legal person other than a transmission system operator or distribution system operator who purchases natural gas for the purpose of resale inside or outside the system where he is established;
(30)
‘long-term planning’ means the planning of supply and transport capacity of natural gas undertakings on a long-term basis with a view to meeting the demand for natural gas of the system, diversification of sources and securing supplies to customers;
(31)
‘emergent market’ means a Member State in which the first commercial supply of its first long-term natural gas supply contract was made not more than 10 years earlier;
(32)
‘security’ means both security of supply of natural gas and technical safety;
(33)
‘new infrastructure’ means an infrastructure not completed by 4 August 2003;
(34)
‘gas supply contract’ means a contract for the supply of natural gas, but does not include a gas derivative;
(35)
‘gas derivative’ means a financial instrument specified in points 5, 6 or 7 of Section C of Annex I to Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments (14), where that instrument relates to natural gas;
(36)
‘control’ means any rights, contracts or any other means which, either separately or in combination and having regard to the considerations of fact or law involved, confer the possibility of exercising decisive influence on an undertaking, in particular by:
(a)
ownership or the right to use all or part of the assets of an undertaking;
(b)
rights or contracts which confer decisive influence on the composition, voting or decisions of the organs of an undertaking.
CHAPTER II
GENERAL RULES FOR THE ORGANISATION OF THE SECTOR
Article 3
Public service obligations and customer protection
1. Member States shall ensure, on the basis of their institutional organisation and with due regard to the principle of subsidiarity, that, without prejudice to paragraph 2, natural gas undertakings are operated in accordance with the principles of this Directive with a view to achieving a competitive, secure and environmentally sustainable market in natural gas, and shall not discriminate between those undertakings as regards their rights or obligations.
2. Having full regard to the relevant provisions of the Treaty, in particular Article 86 thereof, Member States may impose on undertakings operating in the gas sector, in the general economic interest, public service obligations which may relate to security, including security of supply, regularity, quality and price of supplies, and environmental protection, including energy efficiency, energy from renewable sources and climate protection. Such obligations shall be clearly defined, transparent, non-discriminatory, verifiable and shall guarantee equality of access for natural gas undertakings of the Community to national consumers. In relation to security of supply, energy efficiency/demand-side management and for the fulfilment of environmental goals and goals for energy from renewable sources, as referred to in this paragraph, Member States may introduce the implementation of long-term planning, taking into account the possibility of third parties seeking access to the system.
3. Member States shall take appropriate measures to protect final customers, and shall, in particular, ensure that there are adequate safeguards to protect vulnerable customers. In this context, each Member State shall define the concept of vulnerable customers which may refer to energy poverty and, inter alia, to the prohibition of disconnection of gas to such customers in critical times. Member States shall ensure that rights and obligations linked to vulnerable customers are applied. In particular, they shall take appropriate measures to protect final customers in remote areas who are connected to the gas system. Member States may appoint a supplier of last resort for customers connected to the gas system. They shall ensure high levels of consumer protection, particularly with respect to transparency regarding contractual terms and conditions, general information and dispute settlement mechanisms. Member States shall ensure that the eligible customer is in fact able easily to switch to a new supplier. As regards at least household customers those measures shall include those set out in Annex I.
4. Member States shall take appropriate measures, such as formulating national energy action plans, providing social security benefits to ensure the necessary gas supply to vulnerable customers, or providing for support for energy efficiency improvements, to address energy poverty where identified, including in the broader context of poverty. Such measures shall not impede the effective opening of the market set out in Article 37 and market functioning and shall be notified to the Commission, where relevant, in accordance with paragraph 11 of this Article. Such notification shall not include measures taken within the general social security system.
5. Member States shall ensure that all customers connected to the gas network are entitled to have their gas provided by a supplier, subject to the supplier's agreement, regardless of the Member State in which the supplier is registered, as long as the supplier follows the applicable trading and balancing rules and subject to security of supply requirements. In this regard, Member States shall take all measures necessary to ensure that administrative procedures do not constitute a barrier for supply undertakings already registered in another Member State.
6. Member States shall ensure that:
(a)
where a customer, while respecting the contractual conditions, wishes to change supplier, the change is effected by the operator(s) concerned within three weeks; and
(b)
customers are entitled to receive all relevant consumption data.
Member States shall ensure that the rights referred to in points (a) and (b) of the first subparagraph are granted to customers in a non-discriminatory manner as regards cost, effort or time.
7. Member States shall implement appropriate measures to achieve the objectives of social and economic cohesion and environmental protection, which may include means to combat climate change, and security of supply. Such measures may include, in particular, the provision of adequate economic incentives, using, where appropriate, all existing national and Community tools, for the maintenance and construction of necessary network infrastructure, including interconnection capacity.
8. In order to promote energy efficiency, Member States or, where a Member State has so provided, the regulatory authority shall strongly recommend that natural gas undertakings optimise the use of gas, for example by providing energy management services, developing innovative pricing formulas or introducing intelligent metering systems or smart grids where appropriate.
9. Member States shall ensure the provision of single points of contact to provide consumers with all necessary information concerning their rights, current legislation and the means of dispute settlement available to them in the event of a dispute. Such contact points may be part of general consumer information points.
Member States shall ensure that an independent mechanism such as an energy ombudsman or a consumer body is in place in order to ensure efficient treatment of complaints and out-of-court dispute settlements.
10. Member States may decide not to apply the provisions of Article 4 with respect to distribution insofar as their application would obstruct, in law or in fact, the performance of the obligations imposed on natural gas undertakings in the general economic interest and insofar as the development of trade would not be affected to such an extent as would be contrary to the interests of the Community. The interests of the Community include, inter alia, competition with regard to eligible customers in accordance with this Directive and Article 86 of the Treaty.
11. Member States shall, upon implementation of this Directive, inform the Commission of all measures adopted to fulfil public service obligations, including consumer and environmental protection, and their possible effect on national and international competition, whether or not such measures require a derogation from the provisions of this Directive. They shall notify the Commission subsequently every two years of any changes to such measures, whether or not they require a derogation from this Directive.
12. The Commission shall establish, in consultation with relevant stakeholders, including Member States, the national regulatory authorities, consumer organisations and natural gas undertakings, a clear and concise energy consumer checklist of practical information relating to energy consumer rights. Member States shall ensure that gas suppliers or distribution system operators, in cooperation with the regulatory authority, take the necessary steps to provide their consumers with a copy of the energy consumer checklist and ensure that it is made publicly available.
Article 4
Authorisation procedure
1. In circumstances where an authorisation (for example, licence, permission, concession, consent or approval) is required for the construction or operation of natural gas facilities, the Member States or any competent authority they designate shall grant authorisations to build and/or operate such facilities, pipelines and associated equipment on their territory, in accordance with paragraphs 2 to 4. Member States or any competent authority they designate may also grant authorisations on the same basis for the supply of natural gas and for wholesale customers.
2. Where Member States have a system of authorisation, they shall lay down objective and non-discriminatory criteria which shall be met by an undertaking applying for an authorisation to build and/or operate natural gas facilities or applying for an authorisation to supply natural gas. The non-discriminatory criteria and procedures for the granting of authorisations shall be made public. Member States shall ensure that authorisation procedures for facilities, pipelines and associated equipment take into account the importance of the project for the internal market in natural gas where appropriate.
3. Member States shall ensure that the reasons for any refusal to grant an authorisation are objective and non-discriminatory and that they are given to the applicant. Reasons for such refusals shall be notified to the Commission for information. Member States shall establish a procedure enabling the applicant to appeal against such refusals.
4. For the development of newly supplied areas and efficient operation generally, and without prejudice to Article 38, Member States may decline to grant a further authorisation to build and operate distribution pipeline systems in any particular area once such pipeline systems have been or are proposed to be built in that area and if existing or proposed capacity is not saturated.
Article 5
Monitoring of security of supply
Member States shall ensure the monitoring of security of supply issues. Where Member States consider it appropriate, they may delegate that task to the regulatory authorities referred to in Article 39(1). Such monitoring shall, in particular, cover the balance of supply and demand on the national market, the level of expected future demand and available supplies, envisaged additional capacity being planned or under construction, and the quality and level of maintenance of the networks, as well as measures to cover peak demand and to deal with shortfalls of one or more suppliers. The competent authorities shall publish, by 31 July each year, a report outlining the findings resulting from the monitoring of those issues, as well as any measures taken or envisaged to address them and shall forward that report to the Commission forthwith.
Article 6
Regional solidarity
1. In order to safeguard a secure supply on the internal market in natural gas, Member States shall cooperate in order to promote regional and bilateral solidarity.
2. Such cooperation shall cover situations resulting or likely to result in the short term in a severe disruption of supply affecting a Member State. It shall include:
(a)
coordination of national emergency measures referred to in Article 8 of Council Directive 2004/67/EC of 26 April 2004 concerning measures to safeguard security of natural gas supply (15);
(b)
identification and, where necessary, development or upgrading of electricity and natural gas interconnections; and
(c)
conditions and practical modalities for mutual assistance.
3. The Commission and the other Member States shall be kept informed of such cooperation.
4. The Commission may adopt Guidelines for regional cooperation in a spirit of solidarity. Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 51(3).
Article 7
Promotion of regional cooperation
1. Member States as well as the regulatory authorities shall cooperate with each other for the purpose of integrating their national markets at one and more regional levels, as a first step towards the creation of a fully liberalised internal market. In particular, the regulatory authorities where Member States have so provided or Member States shall promote and facilitate the cooperation of transmission system operators at a regional level, including on cross-border issues with the aim of creating a competitive internal market in natural gas, foster the consistency of their legal, regulatory and technical framework and facilitate integration of the isolated systems forming gas islands that persist in the Community. The geographical areas covered by such regional cooperation shall include cooperation in geographical areas defined in accordance with Article 12(3) of Regulation (EC) No 715/2009. Such cooperation may cover other geographical areas.
2. The Agency shall cooperate with national regulatory authorities and transmission system operators to ensure the compatibility of regulatory frameworks between the regions with the aim of creating a competitive internal market in natural gas. Where the Agency considers that binding rules on such cooperation are required, it shall make appropriate recommendations.
3. Member States shall ensure, through the implementation of this Directive, that transmission system operators have one or more integrated system(s) at regional level covering two or more Member States for capacity allocation and for checking the security of the network.
4. Where vertically integrated transmission system operators participate in a joint undertaking established for implementing such cooperation, the joint undertaking shall establish and implement a compliance programme which sets out the measures to be taken to ensure that discriminatory and anticompetitive conduct is excluded. That compliance programme shall set out the specific obligations of employees to meet the objective of excluding discriminatory and anticompetitive conduct. It shall be subject to the approval of the Agency. Compliance with the programme shall be independently monitored by the compliance officers of the vertically integrated transmission system operators.
Article 8
Technical rules
The regulatory authorities where Member States have so provided or Member States shall ensure that technical safety criteria are defined and that technical rules establishing the minimum technical design and operational requirements for the connection to the system of LNG facilities, storage facilities, other transmission or distribution systems, and direct lines, are developed and made public. Those technical rules shall ensure the interoperability of systems and shall be objective and non-discriminatory. The Agency may make appropriate recommendations towards achieving compatibility of those rules, where appropriate. Those rules shall be notified to the Commission in accordance with Article 8 of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services (16).
CHAPTER III
TRANSMISSION, STORAGE AND LNG
Article 9
Unbundling of transmission systems and transmission system operators
1. Member States shall ensure that from 3 March 2012:
(a)
each undertaking which owns a transmission system acts as a transmission system operator;
(b)
the same person or persons are entitled neither:
(i)
directly or indirectly to exercise control over an undertaking performing any of the functions of production or supply, and directly or indirectly to exercise control or exercise any right over a transmission system operator or over a transmission system; nor
(ii)
directly or indirectly to exercise control over a transmission system operator or over a transmission system, and directly or indirectly to exercise control or exercise any right over an undertaking performing any of the functions of production or supply;
(c)
the same person or persons are not entitled to appoint members of the supervisory board, the administrative board or bodies legally representing the undertaking, of a transmission system operator or a transmission system, and directly or indirectly to exercise control or exercise any right over an undertaking performing any of the functions of production or supply; and
(d)
the same person is not entitled to be a member of the supervisory board, the administrative board or bodies legally representing the undertaking, of both an undertaking performing any of the functions of production or supply and a transmission system operator or a transmission system.
2. The rights referred to in points (b) and (c) of paragraph 1 shall include, in particular:
(a)
the power to exercise voting rights;
(b)
the power to appoint members of the supervisory board, the administrative board or bodies legally representing the undertaking; or
(c)
the holding of a majority share.
3. For the purpose of paragraph 1(b), the notion ‘undertaking performing any of the functions of production or supply’ shall include ‘undertaking performing any of the functions of generation and supply’ within the meaning of Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity (17), and the terms ‘transmission system operator’ and ‘transmission system’ shall include ‘transmission system operator’ and ‘transmission system’ within the meaning of that Directive.
4. Member States may allow for derogations from points (b) and (c) of paragraphs 1 until 3 March 2013, provided that transmission system operators are not part of a vertically integrated undertaking.
5. The obligation set out in paragraph 1(a) of this Article shall be deemed to be fulfilled in a situation where two or more undertakings which own transmission systems have created a joint venture which acts as a transmission system operator in two or more Member States for the transmission systems concerned. No other undertaking may be part of the joint venture, unless it has been approved under Article 14 as an independent system operator or as an independent transmission operator for the purposes of Chapter IV.
6. For the implementation of this Article, where the person referred to in points (b), (c) and (d) of paragraph 1 is the Member State or another public body, two separate public bodies exercising control over a transmission system operator or over a transmission system on the one hand, and over an undertaking performing any of the functions of production or supply on the other, shall be deemed not to be the same person or persons.
7. Member States shall ensure that neither commercially sensitive information referred to in Article 16 held by a transmission system operator which was part of a vertically integrated undertaking, nor the staff of such a transmission system operator, is transferred to undertakings performing any of the functions of production and supply.
8. Where on 3 September 2009, the transmission system belongs to a vertically integrated undertaking a Member State may decide not to apply paragraph 1.
In such case, the Member State concerned shall either:
(a)
designate an independent system operator in accordance with Article 14, or
(b)
comply with the provisions of Chapter IV.
9. Where, on 3 September 2009, the transmission system belongs to a vertically integrated undertaking and there are arrangements in place which guarantee more effective independence of the transmission system operator than the provisions of Chapter IV, a Member State may decide not to apply paragraph 1.
10. Before an undertaking is approved and designated as a transmission system operator under paragraph 9 of this Article, it shall be certified according to the procedures laid down in Article 10(4), (5) and (6) of this Directive and in Article 3 of Regulation (EC) No 715/2009, pursuant to which the Commission shall verify that the arrangements in place clearly guarantee more effective independence of the transmission system operator than the provisions of Chapter IV.
11. Vertically integrated undertakings which own a transmission system shall not in any event be prevented from taking steps to comply with paragraph 1.
12. Undertakings performing any of the functions of production or supply shall not in any event be able to directly or indirectly take control over or exercise any right over unbundled transmission system operators in Member States which apply paragraph 1.
Article 10
Designation and certification of transmission system operators
1. Before an undertaking is approved and designated as transmission system operator, it shall be certified according to the procedures laid down in paragraphs 4, 5 and 6 of this Article and in Article 3 of Regulation (EC) No 715/2009.
2. Undertakings which own a transmission system and which have been certified by the national regulatory authority as having complied with the requirements of Article 9, pursuant to the certification procedure, shall be approved and designated as transmission system operators by Member States. The designation of transmission system operators shall be notified to the Commission and published in the Official Journal of the European Union.
3. Transmission system operators shall notify to the regulatory authority any planned transaction which may require a reassessment of their compliance with the requirements of Article 9.
4. The regulatory authorities shall monitor the continuing compliance of transmission system operators with the requirements of Article 9. They shall open a certification procedure to ensure such compliance:
(a)
upon notification by the transmission system operator pursuant to paragraph 3;
(b)
on their own initiative where they have knowledge that a planned change in rights or influence over transmission system owners or transmission system operators may lead to an infringement of Article 9, or where they have reason to believe that such an infringement may have occurred; or
(c)
upon a reasoned request from the Commission.
5. The regulatory authorities shall adopt a decision on the certification of a transmission system operator within a period of four months from the date of the notification by the transmission system operator or from the date of the Commission request. After expiry of that period, the certification shall be deemed to be granted. The explicit or tacit decision of the regulatory authority shall become effective only after the conclusion of the procedure set out in paragraph 6.
6. The explicit or tacit decision on the certification of a transmission system operator shall be notified without delay to the Commission by the regulatory authority, together with all the relevant information with respect to that decision. The Commission shall act in accordance with the procedure laid down in Article 3 of Regulation (EC) No 715/2009.
7. The regulatory authorities and the Commission may request from transmission system operators and undertakings performing any of the functions of production or supply any information relevant for the fulfilment of their tasks under this Article.
8. The regulatory authorities and the Commission shall preserve the confidentiality of commercially sensitive information.
Article 11
Certification in relation to third countries
1. Where certification is requested by a transmission system owner or a transmission system operator which is controlled by a person or persons from a third country or third countries, the regulatory authority shall notify the Commission.
The regulatory authority shall also notify to the Commission without delay any circumstances that would result in a person or persons from a third country or third countries acquiring control of a transmission system or a transmission system operator.
2. The transmission system operator shall notify to the regulatory authority any circumstances that would result in a person or persons from a third country or third countries acquiring control of the transmission system or the transmission system operator.
3. The regulatory authority shall adopt a draft decision on the certification of a transmission system operator within four months from the date of notification by the transmission system operator. It shall refuse the certification if it has not been demonstrated:
(a)
that the entity concerned complies with the requirements of Article 9; and
(b)
to the regulatory authority or to another competent authority designated by the Member State that granting certification will not put at risk the security of energy supply of the Member State and the Community. In considering that question the regulatory authority or other competent authority so designated shall take into account:
(i)
the rights and obligations of the Community with respect to that third country arising under international law, including any agreement concluded with one or more third countries to which the Community is a party and which addresses the issues of security of energy supply;
(ii)
the rights and obligations of the Member State with respect to that third country arising under agreements concluded with it, insofar as they are in compliance with Community law; and
(iii)
other specific facts and circumstances of the case and the third country concerned.
4. The regulatory authority shall notify the decision to the Commission without delay, together with all the relevant information with respect to that decision.
5. Member States shall provide for the regulatory authority or the designated competent authority referred to in paragraph 3(b), before the regulatory authority adopts a decision on the certification, to request an opinion from the Commission on whether:
(a)
the entity concerned complies with the requirements of Article 9; and
(b)
granting certification will not put at risk the security of energy supply to the Community.
6. The Commission shall examine the request referred to in paragraph 5 as soon as it is received. Within a period of two months after receiving the request, it shall deliver its opinion to the national regulatory authority or, if the request was made by the designated competent authority, to that authority.
In preparing the opinion, the Commission may request the views of the Agency, the Member State concerned, and interested parties. In the event that the Commission makes such a request, the two-month period shall be extended by two months.
In the absence of an opinion by the Commission within the period referred to in the first and second subparagraphs, the Commission is deemed not to raise objections to the decision of the regulatory authority.
7. When assessing whether the control by a person or persons from a third country or third countries will put at risk the security of energy supply to the Community, the Commission shall take into account:
(a)
the specific facts of the case and the third country or third countries concerned; and
(b)
the rights and obligations of the Community with respect to that third country or third countries arising under international law, including an agreement concluded with one or more third countries to which the Community is a party and which addresses the issues of security of supply.
8. The national regulatory authority shall, within a period of two months after the expiry of the period referred to in paragraph 6, adopt its final decision on the certification. In adopting its final decision the national regulatory authority shall take utmost account of the Commission’s opinion. In any event Member States shall have the right to refuse certification where granting certification puts at risk the Member State’s security of energy supply or the security of energy supply of another Member State. Where the Member State has designated another competent authority to assess paragraph 3(b), it may require the national regulatory authority to adopt its final decision in accordance with the assessment of that competent authority. The regulatory authority’s final decision and the Commission’s opinion shall be published together. Where the final decision diverges from the Commission’s opinion, the Member State concerned shall provide and publish, together with that decision, the reasoning underlying such decision.
9. Nothing in this Article shall affect the right of Member States to exercise, in compliance with Community law, national legal controls to protect legitimate public security interests.
10. The Commission may adopt Guidelines setting out the details of the procedure to be followed for the application of this Article. Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 51(3).
11. This Article, with exception of paragraph 3(a), shall also apply to Member States which are subject to a derogation under Article 49.
Article 12
Designation of storage and LNG system operators
Member States shall designate, or shall require natural gas undertakings which own storage or LNG facilities to designate, for a period of time to be determined by Member States, having regard to considerations of efficiency and economic balance, one or more storage and LNG system operators.
Article 13
Tasks of transmission, storage and/or LNG system operators
1. Each transmission, storage and/or LNG system operator shall:
(a)
operate, maintain and develop under economic conditions secure, reliable and efficient transmission, storage and/or LNG facilities to secure an open market, with due regard to the environment, ensure adequate means to meet service obligations;
(b)
refrain from discriminating between system users or classes of system users, particularly in favour of its related undertakings;
(c)
provide any other transmission system operator, any other storage system operator, any other LNG system operator and/or any distribution system operator, sufficient information to ensure that the transport and storage of natural gas may take place in a manner compatible with the secure and efficient operation of the interconnected system; and
(d)
provide system users with the information they need for efficient access to the system.
2. Each transmission system operator shall build sufficient cross-border capacity to integrate European transmission infrastructure accommodating all economically reasonable and technically feasible demands for capacity and taking into account security of gas supply.
3. Rules adopted by transmission system operators for balancing the gas transmission system shall be objective, transparent and non-discriminatory, including rules for the charging of system users of their networks for energy imbalance. Terms and conditions, including rules and tariffs, for the provision of such services by transmission system operators shall be established pursuant to a methodology compatible with Article 41(6) in a non-discriminatory and cost-reflective way and shall be published.
4. The regulatory authorities where Member States have so provided or Member States may require transmission system operators to comply with minimum standards for the maintenance and development of the transmission system, including interconnection capacity.
5. Transmission system operators shall procure the energy they use for the carrying out of their functions according to transparent, non-discriminatory and market based procedures.
Article 14
Independent system operators
1. Where the transmission system belongs to a vertically integrated undertaking on 3 September 2009, Member States may decide not to apply Article 9(1) and designate an independent system operator upon a proposal from the transmission system owner. Such designation shall be subject to approval by the Commission.
2. The Member State may approve and designate an independent system operator only where:
(a)
the candidate operator has demonstrated that it complies with the requirements of Article 9(1)(b), (c) and (d);
(b)
the candidate operator has demonstrated that it has at its disposal the required financial, technical, physical and human resources to carry out its tasks under Article 13;
(c)
the candidate operator has undertaken to comply with a ten-year network development plan monitored by the regulatory authority;
(d)
the transmission system owner has demonstrated its ability to comply with its obligations under paragraph 5. To that end, it shall provide all the draft contractual arrangements with the candidate undertaking and any other relevant entity; and
(e)
the candidate operator has demonstrated its ability to comply with its obligations under Regulation (EC) No 715/2009 including the cooperation of transmission system operators at European and regional level.
3. Undertakings which have been certified by the regulatory authority as having complied with the requirements of Article 11 and of paragraph 2 of this Article shall be approved and designated as independent system operators by Member States. The certification procedure in either Article 10 of this Directive and Article 3 of Regulation (EC) No 715/2009 or in Article 11 of this Directive shall be applicable.
4. Each independent system operator shall be responsible for granting and managing third-party access, including the collection of access charges and congestion charges, for operating, maintaining and developing the transmission system, as well as for ensuring the long-term ability of the system to meet reasonable demand through investment planning. When developing the transmission system the independent system operator shall be responsible for planning (including authorisation procedure), construction and commissioning of the new infrastructure. For this purpose, the independent system operator shall act as a transmission system operator in accordance with this Chapter. The transmission system owner shall not be responsible for granting and managing third-party access, nor for investment planning.
5. Where an independent system operator has been designated, the transmission system owner shall:
(a)
provide all the relevant cooperation and support to the independent system operator for the fulfilment of its tasks, including in particular all relevant information;
(b)
finance the investments decided by the independent system operator and approved by the regulatory authority, or give its agreement to financing by any interested party including the independent system operator. The relevant financing arrangements shall be subject to approval by the regulatory authority. Prior to such approval, the regulatory authority shall consult the transmission system owner together with other interested parties;
(c)
provide for the coverage of liability relating to the network assets, excluding the liability relating to the tasks of the independent system operator; and
(d)
provide guarantees to facilitate financing any network expansions with the exception of those investments where, pursuant to point (b), it has given its agreement to financing by any interested party including the independent system operator.
6. In close cooperation with the regulatory authority, the relevant national competition authority shall be granted all relevant powers to effectively monitor compliance of the transmission system owner with its obligations under paragraph 5.
Article 15
Unbundling of transmission system owners and storage system operators
1. A transmission system owner, where an independent system operator has been appointed, and a storage system operator which are part of vertically integrated undertakings shall be independent at least in terms of their legal form, organisation and decision making from other activities not relating to transmission, distribution and storage.
This Article shall apply only to storage facilities that are technically and/or economically necessary for providing efficient access to the system for the supply of customers pursuant to Article 33.
2. In order to ensure the independence of the transmission system owner and storage system operator referred to in paragraph 1, the following minimum criteria shall apply:
(a)
persons responsible for the management of the transmission system owner and storage system operator shall not participate in company structures of the integrated natural gas undertaking responsible, directly or indirectly, for the day-to-day operation of the production and supply of natural gas;
(b)
appropriate measures shall be taken to ensure that the professional interests of persons responsible for the management of the transmission system owner and storage system operator are taken into account in a manner that ensures that they are capable of acting independently;
(c)
the storage system operator shall have effective decision-making rights, independent from the integrated natural gas undertaking, with respect to assets necessary to operate, maintain or develop the storage facilities. This shall not preclude the existence of appropriate coordination mechanisms to ensure that the economic and management supervision rights of the parent company in respect of return on assets regulated indirectly in accordance with Article 41(6) in a subsidiary are protected. In particular, this shall enable the parent company to approve the annual financial plan, or any equivalent instrument, of the storage system operator and to set global limits on the levels of indebtedness of its subsidiary. It shall not permit the parent company to give instructions regarding day-to-day operations, nor with respect to individual decisions concerning the construction or upgrading of storage facilities, that do not exceed the terms of the approved financial plan, or any equivalent instrument; and
(d)
the transmission system owner and the storage system operator shall establish a compliance programme, which sets out measures taken to ensure that discriminatory conduct is excluded, and ensure that observance of it is adequately monitored. The compliance programme shall set out the specific obligations of employees to meet those objectives. An annual report, setting out the measures taken, shall be submitted by the person or body responsible for monitoring the compliance programme to the regulatory authority and shall be published.
3. The Commission may adopt Guidelines to ensure full and effective compliance of the transmission system owner and of the storage system operator with paragraph 2 of this Article. Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 51(3).
Article 16
Confidentiality for transmission system operators and transmission system owners
1. Without prejudice to Article 30 or any other legal duty to disclose information, each transmission, storage and/or LNG system operator, and each transmission system owner, shall preserve the confidentiality of commercially sensitive information obtained in the course of carrying out its activities, and shall prevent information about its own activities which may be commercially advantageous from being disclosed in a discriminatory manner. In particular, it shall not disclose any commercially sensitive information to the remaining parts of the undertaking, unless this is necessary for carrying out a business transaction. In order to ensure the full respect of the rules on information unbundling, Member States shall ensure that the transmission system owner including, in the case of a combined operator, the distribution system operator, and the remaining part of the undertaking do not use joint services, such as joint legal services, apart from purely administrative or IT functions.
2. Transmission, storage and/or LNG system operators shall not, in the context of sales or purchases of natural gas by related undertakings, misuse commercially sensitive information obtained from third parties in the context of providing or negotiating access to the system.
3. Information necessary for effective competition and the efficient functioning of the market shall be made public. That obligation shall be without prejudice to protecting commercially sensitive information.
CHAPTER IV
INDEPENDENT TRANSMISSION OPERATOR
Article 17
Assets, equipment, staff and identity
1. Transmission system operators shall be equipped with all human, technical, physical and financial resources necessary for fulfilling their obligations under this Directive and carrying out the activity of gas transmission, in particular:
(a)
assets that are necessary for the activity of gas transmission, including the transmission system, shall be owned by the transmission system operator;
(b)
personnel necessary for the activity of gas transmission, including the performance of all corporate tasks, shall be employed by the transmission system operator;
(c)
leasing of personnel and rendering of services, to and from any other parts of the vertically integrated undertaking shall be prohibited. A transmission system operator may, however, render services to the vertically integrated undertaking as long as:
(i)
the provision of those services does not discriminate between system users, is available to all system users on the same terms and conditions and does not restrict, distort or prevent competition in production or supply; and
(ii)
the terms and conditions of the provision of those services are approved by the regulatory authority;
(d)
without prejudice to the decisions of the Supervisory Body under Article 20, appropriate financial resources for future investment projects and/or for the replacement of existing assets shall be made available to the transmission system operator in due time by the vertically integrated undertaking following an appropriate request from the transmission system operator.
2. The activity of gas transmission shall include at least the following tasks in addition to those listed in Article 13:
(a)
the representation of the transmission system operator and contacts to third parties and the regulatory authorities;
(b)
the representation of the transmission system operator within the European Network of Transmission System Operators for Gas (ENTSO for Gas);
(c)
granting and managing third-party access on a non-discriminatory basis between system users or classes of system users;
(d)
the collection of all the transmission system related charges including access charges, balancing charges for ancillary services such as gas treatment, purchasing of services (balancing costs, energy for losses);
(e)
the operation, maintenance and development of a secure, efficient and economic transmission system;
(f)
investment planning ensuring the long-term ability of the system to meet reasonable demand and guaranteeing security of supply;
(g)
the setting up of appropriate joint ventures, including with one or more transmission system operators, gas exchanges, and the other relevant actors pursuing the objective to develop the creation of regional markets or to facilitate the liberalisation process; and
(h)
all corporate services, including legal services, accountancy and IT services.
3. Transmission system operators shall be organised in a legal form as referred to in Article 1 of Council Directive 68/151/EEC (18).
4. The transmission system operator shall not, in its corporate identity, communication, branding and premises, create confusion in respect of the separate identity of the vertically integrated undertaking or any part thereof.
5. The transmission system operator shall not share IT systems or equipment, physical premises and security access systems with any part of the vertically integrated undertaking, nor use the same consultants or external contractors for IT systems or equipment, and security access systems.
6. The accounts of transmission system operators shall be audited by an auditor other than the one auditing the vertically integrated undertaking or any part thereof.
Article 18
Independence of the transmission system operator
1. Without prejudice to the decisions of the Supervisory Body under Article 20, the transmission system operator shall have:
(a)
effective decision-making rights, independent from the vertically integrated undertaking, with respect to assets necessary to operate, maintain or develop the transmission system; and
(b)
the power to raise money on the capital market in particular through borrowing and capital increase.
2. The transmission system operator shall at all times act so as to ensure it has the resources it needs in order to carry out the activity of transmission properly and efficiently and develop and maintain an efficient, secure and economic transmission system.
3. Subsidiaries of the vertically integrated undertaking performing functions of production or supply shall not have any direct or indirect shareholding in the transmission system operator. The transmission system operator shall neither have any direct or indirect shareholding in any subsidiary of the vertically integrated undertaking performing functions of production or supply, nor receive dividends or any other financial benefit from that subsidiary.
4. The overall management structure and the corporate statutes of the transmission system operator shall ensure effective independence of the transmission system operator in compliance with this Chapter. The vertically integrated undertaking shall not determine, directly or indirectly, the competitive behaviour of the transmission system operator in relation to the day to day activities of the transmission system operator and management of the network, or in relation to activities necessary for the preparation of the ten-year network development plan developed pursuant to Article 22.
5. In fulfilling their tasks in Article 13 and Article 17(2) of this Directive, and in complying with Article 13(1), Article 14(1)(a), Article 16(2), (3) and (5), Article 18(6) and Article 21(1) of Regulation (EC) No 715/2009, transmission system operators shall not discriminate against different persons or entities and shall not restrict, distort or prevent competition in production or supply.
6. Any commercial and financial relations between the vertically integrated undertaking and the transmission system operator, including loans from the transmission system operator to the vertically integrated undertaking, shall comply with market conditions. The transmission system operator shall keep detailed records of such commercial and financial relations and make them available to the regulatory authority upon request.
7. The transmission system operator shall submit for approval by the regulatory authority all commercial and financial agreements with the vertically integrated undertaking.
8. The transmission system operator shall inform the regulatory authority of the financial resources, referred to in Article 17(1)(d), available for future investment projects and/or for the replacement of existing assets.
9. The vertically integrated undertaking shall refrain from any action impeding or prejudicing the transmission system operator from complying with its obligations in this Chapter and shall not require the transmission system operator to seek permission from the vertically integrated undertaking in fulfilling those obligations.
10. An undertaking which has been certified by the regulatory authority as being in compliance with the requirements of this Chapter shall be approved and designated as a transmission system operator by the Member State concerned. The certification procedure in either Article 10 of this Directive and Article 3 of Regulation (EC) No 715/2009 or in Article 11 of this Directive shall apply.
Article 19
Independence of the staff and the management of the transmission system operator
1. Decisions regarding the appointment and renewal, working conditions including remuneration, and termination of the term of office, of the persons responsible for the management and/or members of the administrative bodies of the transmission system operator shall be taken by the Supervisory Body of the transmission system operator appointed in accordance with Article 20.
2. The identity of, and the conditions governing the term, the duration and the termination of office of, the persons nominated by the Supervisory Body for appointment or renewal as persons responsible for the executive management and/or as members of the administrative bodies of the transmission system operator, and the reasons for any proposed decision terminating such term of office, shall be notified to the regulatory authority. Those conditions and the decisions referred to in paragraph 1 shall become binding only if the regulatory authority has raised no objections within three weeks of notification.
The regulatory authority may object to the decisions referred to in paragraph 1 where:
(a)
doubts arise as to the professional independence of a nominated person responsible for the management and/or member of the administrative bodies; or
(b)
in the case of premature termination of a term of office, doubts exist regarding the justification of such premature termination.
3. No professional position or responsibility, interest or business relationship, directly or indirectly, with the vertically integrated undertaking or any part of it or its controlling shareholders other than the transmission system operator shall be exercised for a period of three years before the appointment of the persons responsible for the management and/or members of the administrative bodies of the transmission system operator who are subject to this paragraph.
4. The persons responsible for the management and/or members of the administrative bodies, and employees of the transmission system operator shall have no other professional position or responsibility, interest or business relationship, directly or indirectly, with any other part of the vertically integrated undertaking or with its controlling shareholders.
5. The persons responsible for the management and/or members of the administrative bodies, and employees of the transmission system operator shall hold no interest in or receive any financial benefit, directly or indirectly, from any part of the vertically integrated undertaking other than the transmission system operator. Their remuneration shall not depend on activities or results of the vertically integrated undertaking other than those of the transmission system operator.
6. Effective rights of appeal to the regulatory authority shall be guaranteed for any complaints by the persons responsible for the management and/or members of the administrative bodies of the transmission system operator against premature terminations of their term of office.
7. After termination of their term of office in the transmission system operator, the persons responsible for its management and/or members of its administrative bodies shall have no professional position or responsibility, interest or business relationship with any part of the vertically integrated undertaking other than the transmission system operator, or with its controlling shareholders for a period of not less than four years.
8. Paragraph 3 shall apply to the majority of the persons responsible for the management and/or members of the administrative bodies of the transmission system operator.
The persons responsible for the management and/or members of the administrative bodies of the transmission system operator who are not subject to paragraph 3 shall have exercised no management or other relevant activity in the vertically integrated undertaking for a period of at least six months before their appointment.
The first subparagraph of this paragraph and paragraphs 4 to 7 shall be applicable to all the persons belonging to the executive management and to those directly reporting to them on matters related to the operation, maintenance or development of the network.
Article 20
Supervisory Body
1. The transmission system operator shall have a Supervisory Body which shall be in charge of taking decisions which may have a significant impact on the value of the assets of the shareholders within the transmission system operator, in particular decisions regarding the approval of the annual and longer-term financial plans, the level of indebtedness of the transmission system operator and the amount of dividends distributed to shareholders. The decisions falling under the remit of the Supervisory Body shall exclude those that are related to the day to day activities of the transmission system operator and management of the network, and in relation to activities necessary for the preparation of the ten-year network development plan developed pursuant to Article 22.
2. The Supervisory Body shall be composed of members representing the vertically integrated undertaking, members representing third party shareholders and, where the relevant legislation of a Member State so provides, members representing other interested parties such as employees of the transmission system operator.
3. The first subparagraph of Article 19(2) and Article 19(3) to (7) shall apply to at least half of the members of the Supervisory Body minus one.
Point (b) of the second subparagraph of Article 19(2) shall apply to all the members of the Supervisory Body.
Article 21
Compliance programme and compliance officer
1. Member States shall ensure that transmission system operators establish and implement a compliance programme which sets out the measures taken in order to ensure that discriminatory conduct is excluded, and ensure that the compliance with that programme is adequately monitored. The compliance programme shall set out the specific obligations of employees to meet those objectives. It shall be subject to approval by the regulatory authority. Without prejudice to the powers of the national regulator, compliance with the program shall be independently monitored by a compliance officer.
2. The compliance officer shall be appointed by the Supervisory Body, subject to the approval by the regulatory authority. The regulatory authority may refuse the approval of the compliance officer only for reasons of lack of independence or professional capacity. The compliance officer may be a natural or legal person. Article 19(2) to (8) shall apply to the compliance officer.
3. The compliance officer shall be in charge of:
(a)
monitoring the implementation of the compliance programme;
(b)
elaborating an annual report, setting out the measures taken in order to implement the compliance programme and submitting it to the regulatory authority;
(c)
reporting to the Supervisory Body and issuing recommendations on the compliance programme and its implementation;
(d)
notifying the regulatory authority on any substantial breaches with regard to the implementation of the compliance programme; and
(e)
reporting to the regulatory authority on any commercial and financial relations between the vertically integrated undertaking and the transmission system operator.
4. The compliance officer shall submit the proposed decisions on the investment plan or on individual investments in the network to the regulatory authority. This shall occur at the latest when the management and/or the competent administrative body of the transmission system operator submits them to the Supervisory Body.
5. Where the vertically integrated undertaking, in the general assembly or through the vote of the members of the Supervisory Body it has appointed, has prevented the adoption of a decision with the effect of preventing or delaying investments, which under the ten-year network development plan, was to be executed in the following three years, the compliance officer shall report this to the regulatory authority, which then shall act in accordance with Article 22.
6. The conditions governing the mandate or the employment conditions of the compliance officer, including the duration of his mandate, shall be subject to approval by the regulatory authority. Those conditions shall ensure the independence of the compliance officer, including by providing it with all the resources necessary for fulfilling his duties. During his mandate, the compliance officer shall have no other professional position, responsibility or interest, directly or indirectly, in or with any part of the vertically integrated undertaking or with its controlling shareholders.
7. The compliance officer shall report regularly, either orally or in writing, to the regulatory authority and shall have the right to report regularly, either orally or in writing, to the Supervisory Body of the transmission system operator.
8. The compliance officer may attend all meetings of the management or administrative bodies of the transmission system operator, and those of the Supervisory Body and the general assembly. The compliance officer shall attend all meetings that address the following matters:
(a)
conditions for access to the network, as defined in Regulation (EC) No 715/2009, in particular regarding tariffs, third party access services, capacity allocation and congestion management, transparency, balancing and secondary markets;
(b)
projects undertaken in order to operate, maintain and develop the transmission system, including investments in new transport connections, in expansion of capacity and in optimisation of existing capacity;
(c)
energy purchases or sales necessary for the operation of the transmission system.
9. The compliance officer shall monitor the compliance of the transmission system operator with Article 16.
10. The compliance officer shall have access to all relevant data and to the offices of the transmission system operator and to all the information necessary for the fulfilment of his task.
11. After prior approval by the regulatory authority, the Supervisory Body may dismiss the compliance officer. It shall dismiss the compliance officer for reasons of lack of independence or professional capacity upon request of the regulatory authority.
12. The compliance officer shall have access to the offices of the transmission system operator without prior announcement.
Article 22
Network development and powers to make investment decisions
1. Every year, transmission system operators shall submit to the regulatory authority a ten-year network development plan based on existing and forecast supply and demand after having consulted all the relevant stakeholders. That network development plan shall contain efficient measures in order to guarantee the adequacy of the system and the security of supply.
2. The ten-year network development plan shall, in particular:
(a)
indicate to market participants the main transmission infrastructure that needs to be built or upgraded over the next ten years;
(b)
contain all the investments already decided and identify new investments which have to be executed in the next three years; and
(c)
provide for a time frame for all investment projects.
3. When elaborating the ten-year network development plan, the transmission system operator shall make reasonable assumptions about the evolution of the production, supply, consumption and exchanges with other countries, taking into account investment plans for regional and Community-wide networks, as well as investment plans for storage and LNG regasification facilities.
4. The regulatory authority shall consult all actual or potential system users on the ten-year network development plan in an open and transparent manner. Persons or undertakings claiming to be potential system users may be required to substantiate such claims. The regulatory authority shall publish the result of the consultation process, in particular possible needs for investments.
5. The regulatory authority shall examine whether the ten-year network development plan covers all investment needs identified during the consultation process, and whether it is consistent with the non-binding Community-wide ten-year network development plan (Community-wide network development plan) referred to in Article 8(3)(b) of Regulation (EC) No 715/2009. If any doubt arises as to the consistency with the Community-wide network development plan, the regulatory authority shall consult the Agency. The regulatory authority may require the transmission system operator to amend its ten-year network development plan.
6. The regulatory authority shall monitor and evaluate the implementation of the ten-year network development plan.
7. In circumstances where the transmission system operator, other than for overriding reasons beyond its control, does not execute an investment, which, under the ten-year network development plan, was to be executed in the following three years, Member States shall ensure that the regulatory authority is required to take at least one of the following measures to ensure that the investment in question is made if such investment is still relevant on the basis of the most recent ten-year network development plan:
(a)
to require the transmission system operator to execute the investments in question;
(b)
to organise a tender procedure open to any investors for the investment in question; or
(c)
to oblige the transmission system operator to accept a capital increase to finance the necessary investments and allow independent investors to participate in the capital.
Where the regulatory authority has made use of its powers under point (b) of the first subparagraph, it may oblige the transmission system operator to agree to one or more of the following:
(a)
financing by any third party;
(b)
construction by any third party;
(c)
building the new assets concerned itself;
(d)
operating the new asset concerned itself.
The transmission system operator shall provide the investors with all information needed to realise the investment, shall connect new assets to the transmission network and shall generally make its best efforts to facilitate the implementation of the investment project.
The relevant financial arrangements shall be subject to approval by the regulatory authority.
8. Where the regulatory authority has made use of its powers under the first subparagraph of paragraph 7, the relevant tariff regulations shall cover the costs of the investments in question.
Article 23
Decision-making powers regarding the connection of storage facilities, LNG regasification facilities and industrial customers to the transmission system
1. The transmission system operator shall establish and publish transparent and efficient procedures and tariffs for non-discriminatory connection of storage facilities, LNG regasification facilities and industrial customers to the transmission system. Those procedures shall be subject to approval by the regulatory authority.
2. The transmission system operator shall not be entitled to refuse the connection of a new storage facility, LNG regasification facility or industrial customer on the grounds of possible future limitations to available network capacities or additional costs linked with necessary capacity increase. The transmission system operator shall ensure sufficient entry and exit capacity for the new connection.
CHAPTER V
DISTRIBUTION AND SUPPLY
Article 24
Designation of distribution system operators
Member States shall designate, or shall require undertakings which own or are responsible for distribution systems to designate, for a period of time to be determined by Member States, having regard to considerations of efficiency and economic balance, one or more distribution system operators and shall ensure that those operators act in accordance with Articles 25, 26 and 27.
Article 25
Tasks of distribution system operators
1. Each distribution system operator shall be responsible for ensuring the long-term ability of the system to meet reasonable demands for the distribution of gas, and for operating, maintaining and developing under economic conditions a secure, reliable and efficient system in its area, with due regard for the environment and energy efficiency.
2. In any event, the distribution system operator shall not discriminate between system users or classes of system users, particularly in favour of its related undertakings.
3. Each distribution system operator shall provide any other distribution, transmission, LNG, and/or storage system operator with sufficient information to ensure that the transport and storage of natural gas takes place in a manner compatible with the secure and efficient operation of the interconnected system.
4. Each distribution system operator shall provide system users with the information they need for efficient access to, including use of, the system.
5. Where a distribution system operator is responsible for balancing the distribution system, rules adopted by it for that purpose shall be objective, transparent and non-discriminatory, including rules for the charging of system users for energy imbalance. Terms and conditions, including rules and tariffs, for the provision of such services by distribution system operators shall be established pursuant to a methodology compatible with Article 41(6) in a non-discriminatory and cost-reflective way and shall be published.
Article 26
Unbundling of distribution system operators
1. Where the distribution system operator is part of a vertically integrated undertaking, it shall be independent at least in terms of its legal form, organisation and decision making from other activities not relating to distribution. Those rules shall not create an obligation to separate the ownership of assets of the distribution system from the vertically integrated undertaking.
2. In addition to the requirements under paragraph 1, where the distribution system operator is part of a vertically integrated undertaking, it shall be independent in terms of its organisation and decision-making from the other activities not related to distribution. In order to achieve this, the following minimum criteria shall apply:
(a)
those persons responsible for the management of the distribution system operator must not participate in company structures of the integrated natural gas undertaking responsible, directly or indirectly, for the day-to-day operation of the production, transmission and supply of natural gas;
(b)
appropriate measures must be taken to ensure that the professional interests of persons responsible for the management of the distribution system operator are taken into account in a manner that ensures that they are capable of acting independently;
(c)
the distribution system operator must have effective decision-making rights, independent from the integrated natural gas undertaking, with respect to assets necessary to operate, maintain or develop the network. In order to fulfil those tasks, the distribution system operator shall have at its disposal the necessary resources including human, technical, financial and physical resources. This should not prevent the existence of appropriate coordination mechanisms to ensure that the economic and management supervision rights of the parent company in respect of return on assets, regulated indirectly in accordance with Article 41(6) in a subsidiary are protected. In particular, this shall enable the parent company to approve the annual financial plan, or any equivalent instrument, of the distribution system operator and to set global limits on the levels of indebtedness of its subsidiary. It shall not permit the parent company to give instructions regarding day-to-day operations, nor with respect to individual decisions concerning the construction or upgrading of distribution lines, that do not exceed the terms of the approved financial plan, or any equivalent instrument; and
(d)
the distribution system operator must establish a compliance programme, which sets out measures taken to ensure that discriminatory conduct is excluded, and ensure that observance of it is adequately monitored. The compliance programme shall set out the specific obligations of employees to meet that objective. An annual report, setting out the measures taken, shall be submitted by the person or body responsible for monitoring the compliance programme, the compliance officer of the distribution system operator, to the regulatory authority referred to in Article 39(1) and shall be published. The compliance officer of the distribution system operator shall be fully independent and shall have access to all the necessary information of the distribution system operator and any affiliated undertaking to fulfil his task.
3. Where the distribution system operator is part of a vertically integrated undertaking, the Member States shall ensure that the activities of the distribution system operator are monitored by regulatory authorities or other competent bodies so that it cannot take advantage of its vertical integration to distort competition. In particular, vertically integrated distribution system operators shall not, in their communication and branding, create confusion in respect of the separate identity of the supply branch of the vertically integrated undertaking.
4. Member States may decide not to apply paragraphs 1, 2 and 3 to integrated natural gas undertakings serving less than 100 000 connected customers.
Article 27
Confidentiality obligations of distribution system operators
1. Without prejudice to Article 30 or any other legal duty to disclose information, each distribution system operator shall preserve the confidentiality of commercially sensitive information obtained in the course of carrying out its business, and shall prevent information about its own activities which may be commercially advantageous from being disclosed in a discriminatory manner.
2. Distribution system operators shall not, in the context of sales or purchases of natural gas by related undertakings, abuse commercially sensitive information obtained from third parties in the context of providing or negotiating access to the system.
Article 28
Closed distribution systems
1. Member States may provide for national regulatory authorities or other competent authorities to classify a system which distributes gas within a geographically confined industrial, commercial or shared services site and does not, without prejudice to paragraph 4, supply household customers, as a closed distribution system if:
(a)
for specific technical or safety reasons, the operations or the production process of the users of that system are integrated; or
(b)
that system distributes gas primarily to the owner or operator of the system or to their related undertakings.
2. Member States may provide for national regulatory authorities to exempt the operator of a closed distribution system from the requirement under Article 32(1) that tariffs, or the methodologies underlying their calculation, are approved prior to their entry into force in accordance with Article 41.
3. Where an exemption is granted under paragraph 2, the applicable tariffs, or the methodologies underlying their calculation, shall be reviewed and approved in accordance with Article 41 upon request by a user of the closed distribution system.
4. Incidental use by a small number of households with employment or similar associations with the owner of the distribution system and located within the area served by a closed distribution system shall not preclude an exemption under paragraph 2 being granted.
Article 29
Combined operator
Article 26(1) shall not prevent the operation of a combined transmission, LNG, storage and distribution system operator provided that operator complies with Articles 9(1), or 14 and 15, or Chapter IV or falls under Article 49(6).
CHAPTER VI
UNBUNDLING AND TRANSPARENCY OF ACCOUNTS
Article 30
Right of access to accounts
1. Member States or any competent authority they designate, including the regulatory authorities referred to in Article 39(1) and the dispute settlement authorities referred to in Article 34(3), shall, insofar as necessary to carry out their functions, have right of access to the accounts of natural gas undertakings as set out in Article 31.
2. Member States and any designated competent authority, including the regulatory authorities referred to in Article 39(1) and the dispute settlement authorities, shall preserve the confidentiality of commercially sensitive information. Member States may provide for the disclosure of such information where this is necessary in order for the competent authorities to carry out their functions.
Article 31
Unbundling of accounts
1. Member States shall take the necessary steps to ensure that the accounts of natural gas undertakings are kept in accordance with paragraphs 2 to 5 of this Article. Where natural gas undertakings benefit from a derogation from this provision on the basis of Article 49(2) and (4), they shall at least keep their internal accounts in accordance with this Article.
2. Natural gas undertakings, whatever their system of ownership or legal form, shall draw up, submit to audit and publish their annual accounts in accordance with the rules of national law concerning the annual accounts of limited liability companies adopted pursuant to the Fourth Council Directive 78/660/EEC of 25 July 1978 based on Article 44(2)(g) (19) of the Treaty on the annual accounts of certain types of companies (20).
Undertakings which are not legally obliged to publish their annual accounts shall keep a copy thereof at the disposal of the public at their head office.
3. Natural gas undertakings shall, in their internal accounting, keep separate accounts for each of their transmission, distribution, LNG and storage activities as they would be required to do if the activities in question were carried out by separate undertakings, with a view to avoiding discrimination, cross-subsidisation and distortion of competition. They shall also keep accounts, which may be consolidated, for other gas activities not relating to transmission, distribution, LNG and storage. Until 1 July 2007, they shall keep separate accounts for supply activities for eligible customers and supply activities for non-eligible customers. Revenue from ownership of the transmission or distribution network shall be specified in the accounts. Where appropriate, they shall keep consolidated accounts for other, non-gas activities. The internal accounts shall include a balance sheet and a profit and loss account for each activity.
4. The audit, referred to in paragraph 2, shall, in particular, verify that the obligation to avoid discrimination and cross-subsidies referred to in paragraph 3 is respected.
5. Undertakings shall specify in their internal accounting the rules for the allocation of assets and liabilities, expenditure and income as well as for depreciation, without prejudice to nationally applicable accounting rules, which they follow in drawing up the separate accounts referred to in paragraph 3. Those internal rules may be amended only in exceptional cases. Such amendments shall be mentioned and duly substantiated.
6. The annual accounts shall indicate in notes any transaction of a certain size conducted with related undertakings.
CHAPTER VII
ORGANISATION OF ACCESS TO THE SYSTEM
Article 32
Third-party access
1. Member States shall ensure the implementation of a system of third party access to the transmission and distribution system, and LNG facilities based on published tariffs, applicable to all eligible customers, including supply undertakings, and applied objectively and without discrimination between system users. Member States shall ensure that those tariffs, or the methodologies underlying their calculation are approved prior to their entry into force in accordance with Article 41 by a regulatory authority referred to in Article 39(1) and that those tariffs - and the methodologies, where only methodologies are approved - are published prior to their entry into force.
2. Transmission system operators shall, if necessary for the purpose of carrying out their functions including in relation to cross-border transmission, have access to the network of other transmission system operators.
3. The provisions of this Directive shall not prevent the conclusion of long-term contracts in so far as they comply with Community competition rules
Article 33
Access to storage
1. For the organisation of access to storage facilities and linepack when technically and/or economically necessary for providing efficient access to the system for the supply of customers, as well as for the organisation of access to ancillary services, Member States may choose either or both of the procedures referred to in paragraphs 3 and 4. Those procedures shall operate in accordance with objective, transparent and non-discriminatory criteria.
The regulatory authorities where Member States have so provided or Member States shall define and publish criteria according to which the access regime applicable to storage facilities and linepack may be determined. They shall make public, or oblige storage and transmission system operators to make public, which storage facilities, or which parts of those storage facilities, and which linepack is offered under the different procedures referred to in paragraphs 3 and 4.
The obligation referred to in the second sentence of the second subparagraph shall be without prejudice to the right of choice granted to Member States in the first subparagraph.
2. The provisions of paragraph 1 shall not apply to ancillary services and temporary storage that are related to LNG facilities and are necessary for the re-gasification process and subsequent delivery to the transmission system.
3. In the case of negotiated access, Member States or, where Member States have so provided, the regulatory authorities shall take the necessary measures for natural gas undertakings and eligible customers either inside or outside the territory covered by the interconnected system to be able to negotiate access to storage facilities and linepack, when technically and/or economically necessary for providing efficient access to the system, as well as for the organisation of access to other ancillary services. The parties shall be obliged to negotiate access to storage, linepack and other ancillary services in good faith.
Contracts for access to storage, linepack and other ancillary services shall be negotiated with the relevant storage system operator or natural gas undertakings. The regulatory authorities where Member States have so provided or Member States shall require storage system operators and natural gas undertakings to publish their main commercial conditions for the use of storage, linepack and other ancillary services by 1 January 2005 and on an annual basis every year thereafter.
When developing the conditions referred to in the second subparagraph, storage operators and natural gas undertakings shall consult system users.
4. In the case of regulated access, the regulatory authorities where Member States have so provided or Member States shall take the necessary measures to give natural gas undertakings and eligible customers either inside or outside the territory covered by the interconnected system a right to access to storage, linepack and other ancillary services, on the basis of published tariffs and/or other terms and obligations for use of that storage and linepack, when technically and/or economically necessary for providing efficient access to the system, as well as for the organisation of access to other ancillary services. The regulatory authorities where Member States have so provided or Member States shall consult system users when developing those tariffs or the methodologies for those tariffs. The right of access for eligible customers may be given by enabling them to enter into supply contracts with competing natural gas undertakings other than the owner and/or operator of the system or a related undertaking.
Article 34
Access to upstream pipeline networks
1. Member States shall take the necessary measures to ensure that natural gas undertakings and eligible customers, wherever they are located, are able to obtain access to upstream pipeline networks, including facilities supplying technical services incidental to such access, in accordance with this Article, except for the parts of such networks and facilities which are used for local production operations at the site of a field where the gas is produced. The measures shall be notified to the Commission in accordance with the provisions of Article 54.
2. The access referred to in paragraph 1 shall be provided in a manner determined by the Member State in accordance with the relevant legal instruments. Member States shall apply the objectives of fair and open access, achieving a competitive market in natural gas and avoiding any abuse of a dominant position, taking into account security and regularity of supplies, capacity which is or can reasonably be made available, and environmental protection. The following matters may be taken into account:
(a)
the need to refuse access where there is an incompatibility of technical specifications which cannot reasonably be overcome;
(b)
the need to avoid difficulties which cannot reasonably be overcome and could prejudice the efficient, current and planned future production of hydrocarbons, including that from fields of marginal economic viability;
(c)
the need to respect the duly substantiated reasonable needs of the owner or operator of the upstream pipeline network for the transport and processing of gas and the interests of all other users of the upstream pipeline network or relevant processing or handling facilities who may be affected; and
(d)
the need to apply their laws and administrative procedures, in conformity with Community law, for the grant of authorisation for production or upstream development.
3. Member States shall ensure that they have in place dispute-settlement arrangements, including an authority independent of the parties with access to all relevant information, to enable disputes relating to access to upstream pipeline networks to be settled expeditiously, taking into account the criteria in paragraph 2 and the number of parties which may be involved in negotiating access to such networks.
4. In the event of cross-border disputes, the dispute-settlement arrangements for the Member State having jurisdiction over the upstream pipeline network which refuses access shall be applied. Where, in cross-border disputes, more than one Member State covers the network concerned, the Member States concerned shall consult each other with a view to ensuring that the provisions of this Directive are applied consistently.
Article 35
Refusal of access
1. Natural gas undertakings may refuse access to the system on the basis of lack of capacity or where the access to the system would prevent them from carrying out the public service obligations referred to in Article 3(2) which are assigned to them or on the basis of serious economic and financial difficulties with take-or-pay contracts having regard to the criteria and procedures set out in Article 48 and the alternative chosen by the Member State in accordance with paragraph 1 of that Article. Duly substantiated reasons shall be given for any such a refusal.
2. Member States may take the measures necessary to ensure that the natural gas undertaking refusing access to the system on the basis of lack of capacity or a lack of connection makes the necessary enhancements as far as it is economic to do so or when a potential customer is willing to pay for them. In circumstances where Member States apply Article 4(4), Member States shall take such measures.
Article 36
New infrastructure
1. Major new gas infrastructure, i.e. interconnectors, LNG and storage facilities, may, upon request, be exempted, for a defined period of time, from the provisions of Articles 9, 32, 33 and 34 and Article 41(6), (8) and (10) under the following conditions:
(a)
the investment must enhance competition in gas supply and enhance security of supply;
(b)
the level of risk attached to the investment must be such that the investment would not take place unless an exemption was granted;
(c)
the infrastructure must be owned by a natural or legal person which is separate at least in terms of its legal form from the system operators in whose systems that infrastructure will be built;
(d)
charges must be levied on users of that infrastructure; and
(e)
the exemption must not be detrimental to competition or the effective functioning of the internal market in natural gas, or the efficient functioning of the regulated system to which the infrastructure is connected.
2. Paragraph 1 shall also apply to significant increases of capacity in existing infrastructure and to modifications of such infrastructure which enable the development of new sources of gas supply.
3. The regulatory authority referred to in Chapter VIII may, on a case-by-case basis, decide on the exemption referred to in paragraphs 1 and 2.
4. Where the infrastructure in question is located in the territory of more than one Member State, the Agency may submit an advisory opinion to the regulatory authorities of the Member States concerned, which may be used as a basis for their decision, within two months from the date on which the request for exemption was received by the last of those regulatory authorities.
Where all the regulatory authorities concerned agree on the request for exemption within six months of the date on which it was received by the last of the regulatory authorities, they shall inform the Agency of their decision.
The Agency shall exercise the tasks conferred on the regulatory authorities of the Member States concerned by the present Article:
(a)
where all regulatory authorities concerned have not been able to reach an agreement within a period of six months from the date on which the request for exemption was received by the last of those regulatory authorities; or
(b)
upon a joint request from the regulatory authorities concerned.
All regulatory authorities concerned may, jointly, request that the period referred to in point (a) of the third subparagraph is extended by up to three months.
5. Before taking a decision, the Agency shall consult the relevant regulatory authorities and the applicants.
6. An exemption may cover all or part of the capacity of the new infrastructure, or of the existing infrastructure with significantly increased capacity.
In deciding to grant an exemption, consideration shall be given, on a case-by-case basis, to the need to impose conditions regarding the duration of the exemption and non-discriminatory access to the infrastructure. When deciding on those conditions, account shall, in particular, be taken of the additional capacity to be built or the modification of existing capacity, the time horizon of the project and national circumstances.
Before granting an exemption, the regulatory authority shall decide upon the rules and mechanisms for management and allocation of capacity. The rules shall require that all potential users of the infrastructure are invited to indicate their interest in contracting capacity before capacity allocation in the new infrastructure, including for own use, takes place. The regulatory authority shall require congestion management rules to include the obligation to offer unused capacity on the market, and shall require users of the infrastructure to be entitled to trade their contracted capacities on the secondary market. In its assessment of the criteria referred to in points (a), (b) and (e) of paragraph 1, the regulatory authority shall take into account the results of that capacity allocation procedure.
The exemption decision, including any conditions referred to in the second subparagraph of this paragraph, shall be duly reasoned and published.
7. Notwithstanding paragraph 3, Member States may provide that their regulatory authority or the Agency, as the case may be, shall submit, for the purposes of the formal decision, to the relevant body in the Member State its opinion on the request for an exemption. That opinion shall be published together with the decision.
8. The regulatory authority shall transmit to the Commission, without delay, a copy of every request for exemption as of its receipt. The decision shall be notified, without delay, by the competent authority to the Commission, together with all the relevant information with respect to the decision. That information may be submitted to the Commission in aggregate form, enabling the Commission to reach a well-founded decision. In particular, the information shall contain:
(a)
the detailed reasons on the basis of which the regulatory authority, or Member State, granted or refused the exemption together with a reference to paragraph 1 including the relevant point or points of that paragraph on which such decision is based, including the financial information justifying the need for the exemption;
(b)
the analysis undertaken of the effect on competition and the effective functioning of the internal market in natural gas resulting from the grant of the exemption;
(c)
the reasons for the time period and the share of the total capacity of the gas infrastructure in question for which the exemption is granted;
(d)
in case the exemption relates to an interconnector, the result of the consultation with the regulatory authorities concerned; and
(e)
the contribution of the infrastructure to the diversification of gas supply.
9. Within a period of two months from the day following the receipt of a notification, the Commission may take a decision requiring the regulatory authority to amend or withdraw the decision to grant an exemption. That two-month period may be extended by an additional period of two months where further information is sought by the Commission. That additional period shall begin on the day following the receipt of the complete information. The initial two-month period may also be extended with the consent of both the Commission and the regulatory authority.
Where the requested information is not provided within the period set out in the request, the notification shall be deemed to be withdrawn unless, before the expiry of that period, either the period has been extended with the consent of both the Commission and the regulatory authority, or the regulatory authority, in a duly reasoned statement, has informed the Commission that it considers the notification to be complete.
The regulatory authority shall comply with the Commission decision to amend or withdraw the exemption decision within a period of one month and shall inform the Commission accordingly.
The Commission shall preserve the confidentiality of commercially sensitive information.
The Commission’s approval of an exemption decision shall lose its effect two years from its adoption in the event that construction of the infrastructure has not yet started, and five years from its adoption in the event that the infrastructure has not become operational unless the Commission decides that any delay is due to major obstacles beyond control of the person to whom the exemption has been granted.
10. The Commission may adopt Guidelines for the application of the conditions laid down in paragraph 1 of this Article and to set out the procedure to be followed for the application of paragraphs 3, 6, 8 and 9 of this Article. Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 51(3).
Article 37
Market opening and reciprocity
1. Member States shall ensure that the eligible customers comprise:
(a)
until 1 July 2004, eligible customers as specified in Article 18 of Directive 98/30/EC of the European Parliament and of the Council of 22 June 1998 concerning common rules for the internal market in natural gas (21). Member States shall publish, by 31 January each year, the criteria for the definition of those eligible customers;
(b)
from 1 July 2004, all non-household customers;
(c)
from 1 July 2007, all customers.
2. To avoid imbalance in the opening of the gas markets:
(a)
contracts for the supply with an eligible customer in the system of another Member State shall not be prohibited if the customer is eligible in both systems involved; and
(b)
where transactions as described in point (a) are refused because the customer is eligible in only one of the two systems, the Commission may, taking into account the situation in the market and the common interest, oblige the refusing party to execute the requested supply, at the request of one of the Member States of the two systems.
Article 38
Direct lines
1. Member States shall take the necessary measures to enable:
(a)
natural gas undertakings established within their territory to supply the eligible customers through a direct line; and
(b)
any such eligible customer within their territory to be supplied through a direct line by natural gas undertakings.
2. In circumstances where an authorisation (for example, licence, permission, concession, consent or approval) is required for the construction or operation of direct lines, the Member States or any competent authority they designate shall lay down the criteria for the grant of authorisations for the construction or operation of such lines in their territory. Those criteria shall be objective, transparent and non-discriminatory.
3. Member States may issue an authorisation to construct a direct line subject either to the refusal of system access on the basis of Article 35 or to the opening of a dispute-settlement procedure under Article 41.
CHAPTER VIII
NATIONAL REGULATORY AUTHORITIES
Article 39
Designation and independence of regulatory authorities
1. Each Member State shall designate a single national regulatory authority at national level.
2. Paragraph 1 of this Article shall be without prejudice to the designation of other regulatory authorities at regional level within Member States, provided that there is one senior representative for representation and contact purposes at Community level within the Board of Regulators of the Agency in accordance with Article 14(1) of Regulation (EC) No 713/2009.
3. By way of derogation from paragraph 1 of this Article, a Member State may designate regulatory authorities for small systems on a geographically separate region whose consumption, in 2008, accounted for less than 3 % of the total consumption of the Member State of which it is part. That derogation shall be without prejudice to the appointment of one senior representative for representation and contact purposes at Community level within the Board of Regulators of the Agency in compliance with Article 14(1) of Regulation (EC) No 713/2009.
4. Member States shall guarantee the independence of the regulatory authority and shall ensure that it exercises its powers impartially and transparently. For this purpose, Member States shall ensure that, when carrying out the regulatory tasks conferred upon it by this Directive and related legislation, the regulatory authority:
(a)
is legally distinct and functionally independent from any other public or private entity;
(b)
ensures that its staff and the persons responsible for its management:
(i)
act independently from any market interest; and
(ii)
do not seek or take direct instructions from any government or other public or private entity when carrying out the regulatory tasks. That requirement is without prejudice to close cooperation, as appropriate, with other relevant national authorities or to general policy guidelines issued by the government not related to the regulatory powers and duties under Article 41.
5. In order to protect the independence of the regulatory authority, Member States shall in particular ensure that:
(a)
the regulatory authority can take autonomous decisions, independently from any political body, and has separate annual budget allocations, with autonomy in the implementation of the allocated budget, and adequate human and financial resources to carry out its duties; and
(b)
the members of the board of the regulatory authority or, in the absence of a board, the regulatory authority’s top management are appointed for a fixed term of five up to seven years, renewable once.
In regard to point (b) of the first subparagraph, Member States shall ensure an appropriate rotation scheme for the board or the top management. The members of the board or, in the absence of a board, members of the top management may be relieved from office during their term only if they no longer fulfil the conditions set out in this Article or have been guilty of misconduct under national law.
Article 40
General objectives of the regulatory authority
In carrying out the regulatory tasks specified in this Directive, the regulatory authority shall take all reasonable measures in pursuit of the following objectives within the framework of their duties and powers as laid down in Article 41, in close consultation with other relevant national authorities, including competition authorities, as appropriate, and without prejudice to their competencies:
(a)
promoting, in close cooperation with the Agency, regulatory authorities of other Member States and the Commission, a competitive, secure and environmentally sustainable internal market in natural gas within the Community, and effective market opening for all customers and suppliers in the Community, and ensuring appropriate conditions for the effective and reliable operation of gas networks, taking into account long-term objectives;
(b)
developing competitive and properly functioning regional markets within the Community in view of the achievement of the objectives referred to in point (a);
(c)
eliminating restrictions on trade in natural gas between Member States, including developing appropriate cross-border transmission capacities to meet demand and enhancing the integration of national markets which may facilitate natural gas flow across the Community;
(d)
helping to achieve, in the most cost-effective way, the development of secure, reliable and efficient non-discriminatory systems that are consumer oriented, and promoting system adequacy and, in line with general energy policy objectives, energy efficiency as well as the integration of large and small scale production of gas from renewable energy sources and distributed production in both transmission and distribution networks;
(e)
facilitating access to the network for new production capacity, in particular removing barriers that could prevent access for new market entrants and of gas from renewable energy sources;
(f)
ensuring that system operators and system users are granted appropriate incentives, in both the short and the long term, to increase efficiencies in system performance and foster market integration;
(g)
ensuring that customers benefit through the efficient functioning of their national market, promoting effective competition and helping to ensure consumer protection;
(h)
helping to achieve high standards of public service for natural gas, contributing to the protection of vulnerable customers and contributing to the compatibility of necessary data exchange processes for customer switching.
Article 41
Duties and powers of the regulatory authority
1. The regulatory authority shall have the following duties:
(a)
fixing or approving, in accordance with transparent criteria, transmission or distribution tariffs or their methodologies;
(b)
ensuring compliance of transmission and distribution system operators, and where relevant, system owners, as well as of any natural gas undertakings, with their obligations under this Directive and other relevant Community legislation, including as regards cross-border issues;
(c)
cooperating in regard to cross-border issues with the regulatory authority or authorities of the Member States concerned and with the Agency;
(d)
complying with, and implementing, any relevant legally binding decisions of the Agency and of the Commission;
(e)
reporting annually on its activity and the fulfilment of its duties to the relevant authorities of the Member States, the Agency and the Commission. Such reports shall cover the steps taken and the results obtained as regards each of the tasks listed in this Article;
(f)
ensuring that there are no cross-subsidies between transmission, distribution, storage, LNG and supply activities;
(g)
monitoring investment plans of the transmission system operators, and providing in its annual report an assessment of the investment plans of the transmission system operators as regards their consistency with the Community-wide network development plan referred to in Article 8(3)(b) of Regulation (EC) No 715/2009; such assessment may include recommendations to amend those investment plans;
(h)
monitoring compliance with and reviewing the past performance of network security and reliability rules and setting or approving standards and requirements for quality of service and supply or contributing thereto together with other competent authorities;
(i)
monitoring the level of transparency, including of wholesale prices, and ensuring compliance of natural gas undertakings with transparency obligations;
(j)
monitoring the level and effectiveness of market opening and competition at wholesale and retail levels, including on natural gas exchanges, prices for household customers including prepayment systems, switching rates, disconnection rates, charges for and the execution of maintenance services and complaints by household customers, as well as any distortion or restriction of competition, including providing any relevant information, and bringing any relevant cases to the relevant competition authorities;
(k)
monitoring the occurrence of restrictive contractual practices, including exclusivity clauses which may prevent large non-household customers from contracting simultaneously with more than one supplier or restrict their choice to do so, and, where appropriate, informing the national competition authorities of such practices;
(l)
respecting contractual freedom with regard to interruptible supply contracts as well as with regard to long-term contracts provided that they are compatible with Community law and consistent with Community policies;
(m)
monitoring the time taken by transmission and distribution system operators to make connections and repairs;
(n)
monitoring and reviewing the access conditions to storage, linepack and other ancillary services as provided for in Article 33. In the event that the access regime to storage is defined according to Article 33(3), that task shall exclude the reviewing of tariffs;
(o)
helping to ensure, together with other relevant authorities, that the consumer protection measures, including those set out in Annex I, are effective and enforced;
(p)
publishing recommendations, at least annually, in relation to compliance of supply prices with Article 3, and providing those to the competition authorities, where appropriate;
(q)
ensuring access to customer consumption data, the provision for optional use, of an easily understandable harmonised format at national level for consumption data and prompt access for all customers to such data under point (h) of Annex I;
(r)
monitoring the implementation of rules relating to the roles and responsibilities of transmission system operators, distribution system operators, suppliers and customers and other market parties pursuant to Regulation (EC) No 715/2009;
(s)
monitoring the correct application of the criteria that determine whether a storage facility falls under Article 33(3) or (4); and
(t)
monitoring the implementation of safeguards measures as referred to in Article 46;
(u)
contributing to the compatibility of data exchange processes for the most important market processes at regional level.
2. Where a Member State has so provided, the monitoring duties set out in paragraph 1 may be carried out by other authorities than the regulatory authority. In such a case, the information resulting from such monitoring shall be made available to the regulatory authority as soon as possible.
While preserving their independence, without prejudice to their own specific competencies and consistent with the principles of better regulation, the regulatory authority shall, as appropriate, consult transmission system operators and, as appropriate, closely cooperate with other relevant national authorities when carrying out the duties set out in paragraph 1.
Any approvals given by a regulatory authority or the Agency under this Directive are without prejudice to any duly justified future use of its powers by the regulatory authority under this Article or to any penalties imposed by other relevant authorities or the Commission.
3. In addition to the duties conferred upon it under paragraph 1 of this Article, when an independent system operator has been designated under Article 14, the regulatory authority shall:
(a)
monitor the transmission system owner’s and the independent system operator’s compliance with their obligations under this Article, and issue penalties for non compliance in accordance with paragraph 4(d);
(b)
monitor the relations and communications between the independent system operator and the transmission system owner so as to ensure compliance of the independent system operator with its obligations, and in particular approve contracts and act as a dispute settlement authority between the independent system operator and the transmission system owner in respect of any complaint submitted by either party pursuant to paragraph 11;
(c)
without prejudice to the procedure under Article 14(2)(c), for the first ten-year network development plan, approve the investments planning and the multi-annual network development plan presented annually by the independent system operator;
(d)
ensure that network access tariffs collected by the independent system operator include remuneration for the network owner or network owners, which provides for adequate remuneration of the network assets and of any new investments made therein, provided they are economically and efficiently incurred; and
(e)
have the powers to carry out inspections, including unannounced inspections, at the premises of transmission system owner and independent system operator.
4. Member States shall ensure that regulatory authorities are granted the powers enabling them to carry out the duties referred to in paragraph 1, 3 and 6 in an efficient and expeditious manner. For this purpose, the regulatory authority shall have at least the following powers:
(a)
to issue binding decisions on natural gas undertakings;
(b)
to carry out investigations into the functioning of the gas markets, and to decide upon and impose any necessary and proportionate measures to promote effective competition and ensure the proper functioning of the market. Where appropriate, the regulatory authority shall also have the power to cooperate with the national competition authority and the financial market regulators or the Commission in conducting an investigation relating to competition law;
(c)
to require any information from natural gas undertakings relevant for the fulfilment of its tasks, including the justification for any refusal to grant third-party access, and any information on measures necessary to reinforce the network;
(d)
to impose effective, proportionate and dissuasive penalties on natural gas undertakings not complying with their obligations under this Directive or any relevant legally binding decisions of the regulatory authority or of the Agency, or to propose to a competent court to impose such penalties. This shall include the power to impose or propose the imposition of penalties of up to 10 % of the annual turnover of the transmission system operator or of up to 10 % of the annual turnover of the vertically integrated undertaking on the transmission system operator or on the vertically integrated undertaking, as the case may be, for non compliance with their respective obligations pursuant to this Directive; and
(e)
appropriate rights of investigations and relevant powers of instructions for dispute settlement under paragraphs 11 and 12.
5. In addition to the duties and powers conferred on it under paragraphs 1 and 4 of this Article, when a transmission system operator has been designated in accordance with Chapter IV, the regulatory authority shall be granted at least the following duties and powers:
(a)
to issue penalties in accordance with paragraph 4(d) for discriminatory behaviour in favour of the vertically integrated undertaking;
(b)
to monitor communications between the transmission system operator and the vertically integrated undertaking so as to ensure compliance of the transmission system operator with its obligations;
(c)
to act as dispute settlement authority between the vertically integrated undertaking and the transmission system operator in respect of any complaint submitted pursuant to paragraph 11;
(d)
to monitor commercial and financial relations including loans between the vertically integrated undertaking and the transmission system operator;
(e)
to approve all commercial and financial agreements between the vertically integrated undertaking and the transmission system operator, on the condition that they comply with market conditions;
(f)
to request justification from the vertically integrated undertaking when notified by the compliance officer in accordance with Article 21(4). Such justification shall in particular include evidence to the end that no discriminatory behaviour to the advantage of the vertically integrated undertaking has occurred;
(g)
to carry out inspections, including unannounced inspections, on the premises of the vertically integrated undertaking and the transmission system operator; and
(h)
to assign all or specific tasks of the transmission system operator to an independent system operator appointed in accordance with Article 14 in case of a persistent breach by the transmission system operator of its obligations under this Directive, in particular in case of repeated discriminatory behaviour to the benefit of the vertically integrated undertaking.
6. The regulatory authorities shall be responsible for fixing or approving sufficiently in advance of their entry into force at least the methodologies used to calculate or establish the terms and conditions for:
(a)
connection and access to national networks, including transmission and distribution tariffs, and terms, conditions and tariffs for access to LNG facilities. Those tariffs or methodologies shall allow the necessary investments in the networks and LNG facilities to be carried out in a manner allowing those investments to ensure the viability of the networks and LNG facilities;
(b)
the provision of balancing services which shall be performed in the most economic manner and provide appropriate incentives for network users to balance their input and off-takes. The balancing services shall be provided in a fair and non-discriminatory manner and be based on objective criteria; and
(c)
access to cross-border infrastructures, including the procedures for the allocation of capacity and congestion management.
7. The methodologies or the terms and conditions referred to in paragraph 6 shall be published.
8. In fixing or approving the tariffs or methodologies and the balancing services, the regulatory authorities shall ensure that transmission and distribution system operators are granted appropriate incentive, over both the short and long term, to increase efficiencies, foster market integration and security of supply and support the related research activities.
9. The regulatory authorities shall monitor congestion management of national gas transmission networks including interconnectors, and the implementation of congestion management rules. To that end, transmission system operators or market operators shall submit their congestion management rules, including capacity allocation, to the national regulatory authorities. National regulatory authorities may request amendments to those rules.
10. Regulatory authorities shall have the authority to require transmission, storage, LNG and distribution system operators, if necessary, to modify the terms and conditions, including tariffs and methodologies referred to in this Article, to ensure that they are proportionate and applied in a non-discriminatory manner. In the event that the access regime to storage is defined according to Article 33(3), that task shall exclude the modification of tariffs. In the event of delay in the fixing of transmission and distribution tariffs, regulatory authorities shall have the power to fix or approve provisional transmission and distribution tariffs or methodologies and to decide on the appropriate compensatory measures if the final tariffs or methodologies deviate from those provisional tariffs or methodologies.
11. Any party having a complaint against a transmission, storage, LNG or distribution system operator in relation to that operator’s obligations under this Directive may refer the complaint to the regulatory authority which, acting as dispute settlement authority, shall issue a decision within a period of two months after receipt of the complaint. That period may be extended by two months where additional information is sought by the regulatory authorities. That extended period may be further extended with the agreement of the complainant. The regulatory authority’s decision shall have binding effect unless and until overruled on appeal.
12. Any party who is affected and who has a right to complain concerning a decision on methodologies taken pursuant to this Article or, where the regulatory authority has a duty to consult, concerning the proposed tariffs or methodologies, may, at the latest within two months, or a shorter time period as provided by Member States, following publication of the decision or proposal for a decision, submit a complaint for review. Such a complaint shall not have suspensive effect.
13. Member States shall create appropriate and efficient mechanisms for regulation, control and transparency so as to avoid any abuse of a dominant position, in particular to the detriment of consumers, and any predatory behaviour. Those mechanisms shall take account of the provisions of the Treaty, and in particular Article 82 thereof.
14. Member States shall ensure that the appropriate measures are taken, including administrative action or criminal proceedings in conformity with their national law, against the natural or legal persons responsible where confidentiality rules imposed by this Directive have not been respected.
15. Complaints referred to in paragraphs 11 and 12 shall be without prejudice to the exercise of rights of appeal under Community or national law.
16. Decisions taken by regulatory authorities shall be fully reasoned and justified to allow for judicial review. The decisions shall be available to the public while preserving the confidentiality of commercially sensitive information.
17. Member States shall ensure that suitable mechanisms exist at national level under which a party affected by a decision of a regulatory authority has a right of appeal to a body independent of the parties involved and of any government.
Article 42
Regulatory regime for cross-border issues
1. Regulatory authorities shall closely consult and cooperate with each other, and shall provide each other and the Agency with any information necessary for the fulfilment of their tasks under this Directive. In respect of the information exchanged, the receiving authority shall ensure the same level of confidentiality as that required of the originating authority.
2. Regulatory authorities shall cooperate at least at a regional level to:
(a)
foster the creation of operational arrangements in order to enable an optimal management of the network, promote joint gas exchanges and the allocation of cross-border capacity, and to enable an adequate level of interconnection capacity, including through new interconnections, within the region and between regions to allow for development of effective competition and improvement of security of supply without discriminating between supply undertakings in different Member States;
(b)
coordinate the development of all network codes for the relevant transmission system operators and other market actors; and
(c)
coordinate the development of the rules governing the management of congestion.
3. National regulatory authorities shall have the right to enter into cooperative arrangements with each other to foster regulatory cooperation.
4. The actions referred to in paragraph 2 shall be carried out, as appropriate, in close consultation with other relevant national authorities and without prejudice to their specific competencies.
5. The Commission may adopt Guidelines on the extent of the duties of the regulatory authorities to cooperate with each other and with the Agency. Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 51(3).
Article 43
Compliance with the Guidelines
1. Any regulatory authority and the Commission may request the opinion of the Agency on the compliance of a decision taken by a regulatory authority with the Guidelines referred to in this Directive or in Regulation (EC) No 715/2009.
2. The Agency shall provide its opinion to the regulatory authority which has requested it or to the Commission, respectively, and to the regulatory authority which has taken the decision in question within three months from the date of receipt of the request.
3. Where the regulatory authority which has taken the decision does not comply with the Agency’s opinion within four months from the date of receipt of that opinion, the Agency shall inform the Commission accordingly.
4. Any regulatory authority may inform the Commission where it considers that a decision relevant for cross border-trade taken by another regulatory authority does not comply with the Guidelines referred to in this Directive or in Regulation (EC) No 715/2009 within two months from the date of that decision.
5. Where the Commission, within two months of having been informed by the Agency in accordance with paragraph 3, or by a regulatory authority in accordance with paragraph 4, or on its own initiative, within three months from the date of the decision, finds that the decision of a regulatory authority raises serious doubts as to its compatibility with the Guidelines referred to in this Directive or in Regulation (EC) No 715/2009, the Commission may decide to examine the case further. In such a case, it shall invite the regulatory authority and the parties to the proceedings before the regulatory authority to submit observations.
6. Where the Commission takes a decision to examine the case further, it shall, within four months of the date of such decision, issue a final decision:
(a)
not to raise objections against the decision of the regulatory authority; or
(b)
to require the regulatory authority concerned to withdraw its decision on the basis that the Guidelines have not been complied with.
7. Where the Commission has not taken a decision to examine the case further or a final decision within the time-limits set in paragraphs 5 and 6 respectively, it shall be deemed not to have raised objections to the decision of the regulatory authority.
8. The regulatory authority shall comply with the Commission decision to withdraw its decision within a period of two months and shall inform the Commission accordingly.
9. The Commission may adopt Guidelines setting out the details of the procedure to be followed by the regulatory authorities, the Agency and the Commission as regards the compliance of decisions taken by regulatory authorities with the Guidelines referred to in this Article. Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 51(3).
Article 44
Record keeping
1. Member States shall require supply undertakings to keep at the disposal of the national authorities, including the regulatory authority, the national competition authorities and the Commission, for the fulfilment of their tasks, for at least five years, the relevant data relating to all transactions in gas supply contracts and gas derivatives with wholesale customers and transmission system operators as well as storage and LNG operators.
2. The data shall include details on the characteristics of the relevant transactions such as duration, delivery and settlement rules, the quantity, the dates and times of execution and the transaction prices and means of identifying the wholesale customer concerned, as well as specified details of all unsettled gas supply contracts and gas derivatives.
3. The regulatory authority may decide to make available to market participants elements of this information provided that commercially sensitive information on individual market players or individual transactions is not released. This paragraph shall not apply to information about financial instruments which fall within the scope of Directive 2004/39/EC.
4. To ensure the uniform application of this Article, the Commission may adopt Guidelines which define the methods and arrangements for record keeping as well as the form and content of the data that shall be kept. Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 51(3).
5. With respect to transactions in gas derivatives of supply undertakings with wholesale customers and transmission system operators as well as storage and LNG operators, this Article shall apply only once the Commission has adopted the Guidelines referred to in paragraph 4.
6. The provisions of this Article shall not create additional obligations towards the authorities referred to in paragraph 1 for entities falling within the scope of Directive 2004/39/EC.
7. In the event that the authorities referred to in paragraph 1 need access to data kept by entities falling within the scope of Directive 2004/39/EC, the authorities responsible under that Directive shall provide them with the required data.
CHAPTER IX
RETAIL MARKETS
Article 45
Retail markets
In order to facilitate the emergence of well functioning and transparent retail markets in the Community, Member States shall ensure that the roles and responsibilities of transmission system operators, distribution system operators, supply undertakings and customers and if necessary other market parties are defined with respect to contractual arrangements, commitment to customers, data exchange and settlement rules, data ownership and metering responsibility.
Those rules shall be made public, be designed with the aim to facilitate customers’ and suppliers’ access to networks and they shall be subject to review by the regulatory authorities or other relevant national authorities.
CHAPTER X
FINAL PROVISIONS
Article 46
Safeguard measures
1. In the event of a sudden crisis in the energy market or where the physical safety or security of persons, apparatus or installations or system integrity is threatened, a Member State may temporarily take the necessary safeguard measures.
2. Such measures shall cause the least possible disturbance to the functioning of the internal market and shall be no wider in scope than is strictly necessary to remedy the sudden difficulties which have arisen.
3. The Member State concerned shall, without delay, notify those measures to the other Member States, and to the Commission, which may decide that the Member State concerned must amend or abolish such measures, insofar as they distort competition and adversely affect trade in a manner which is at variance with the common interest.
Article 47
Level playing field
1. Measures that the Member States may take pursuant to this Directive in order to ensure a level playing field shall be compatible with the Treaty, notably Article 30 thereof, and with the legislation of the Community.
2. The measures referred to in paragraph 1 shall be proportionate, non-discriminatory and transparent. Those measures may be put into effect only following the notification to and approval by the Commission.
3. The Commission shall act on the notification referred to in paragraph 2 within two months of the receipt of the notification. That period shall begin on the day following receipt of the complete information. In the event that the Commission has not acted within that two-month period, it shall be deemed not to have raised objections to the notified measures.
Article 48
Derogations in relation to take-or-pay commitments
1. If a natural gas undertaking encounters, or considers it would encounter, serious economic and financial difficulties because of its take-or-pay commitments accepted in one or more gas-purchase contracts, it may send an application for a temporary derogation from Article 32 to the Member State concerned or the designated competent authority. Applications shall, in accordance with the choice of Member States, be presented on a case-by-case basis either before or after refusal of access to the system. Member States may also give the natural gas undertaking the choice of presenting an application either before or after refusal of access to the system. Where a natural gas undertaking has refused access, the application shall be presented without delay. The applications shall be accompanied by all relevant information on the nature and extent of the problem and on the efforts undertaken by the natural gas undertaking to solve the problem.
If alternative solutions are not reasonably available, and taking into account paragraph 3, the Member State or the designated competent authority may decide to grant a derogation.
2. The Member State, or the designated competent authority, shall notify the Commission without delay of its decision to grant a derogation, together with all the relevant information with respect to the derogation. That information may be submitted to the Commission in an aggregated form, enabling the Commission to reach a well-founded decision. Within eight weeks of receipt of that notification, the Commission may request that the Member State or the designated competent authority concerned amend or withdraw the decision to grant a derogation.
If the Member State or the designated competent authority concerned does not comply with that request within a period of four weeks, a final decision shall be taken expeditiously in accordance with the advisory procedure referred to in Article 51(2).
The Commission shall preserve the confidentiality of commercially sensitive information.
3. When deciding on the derogations referred to in paragraph 1, the Member State, or the designated competent authority, and the Commission shall take into account, in particular, the following criteria:
(a)
the objective of achieving a competitive gas market;
(b)
the need to fulfil public-service obligations and to ensure security of supply;
(c)
the position of the natural gas undertaking in the gas market and the actual state of competition in that market;
(d)
the seriousness of the economic and financial difficulties encountered by natural gas undertakings and transmission undertakings or eligible customers;
(e)
the dates of signature and terms of the contract or contracts in question, including the extent to which they allow for market changes;
(f)
the efforts made to find a solution to the problem;
(g)
the extent to which, when accepting the take-or-pay commitments in question, the undertaking could reasonably have foreseen, having regard to the provisions of this Directive, that serious difficulties were likely to arise;
(h)
the level of connection of the system with other systems and the degree of interoperability of those systems; and
(i)
the effects the granting of a derogation would have on the correct application of this Directive as regards the smooth functioning of the internal market in natural gas.
A decision on a request for a derogation concerning take-or-pay contracts concluded before 4 August 2003 should not lead to a situation in which it is impossible to find economically viable alternative outlets. Serious difficulties shall in any case be deemed not to exist when the sales of natural gas do not fall below the level of minimum offtake guarantees contained in gas-purchase take-or-pay contracts or in so far as the relevant gas-purchase take-or-pay contract can be adapted or the natural gas undertaking is able to find alternative outlets.
4. Natural gas undertakings which have not been granted a derogation as referred to in paragraph 1 of this Article shall not refuse, or shall no longer refuse, access to the system because of take-or-pay commitments accepted in a gas purchase contract. Member States shall ensure that the relevant provisions of Articles 32 to 44 are complied with.
5. Any derogation granted under the above provisions shall be duly substantiated. The Commission shall publish the decision in the Official Journal of the European Union.
6. The Commission shall, within 4 August 2008, submit a review report on the experience gained from the application of this Article, so as to allow the European Parliament and the Council to consider, in due course, the need to adjust it.
Article 49
Emergent and isolated markets
1. Member States not directly connected to the interconnected system of any other Member State and having only one main external supplier may derogate from Articles 4, 9, 37 and/or 38. A supply undertaking having a market share of more than 75 % shall be considered to be a main supplier. Any such derogation shall automatically expire where at least one of the conditions referred to in this subparagraph no longer applies. Any such derogation shall be notified to the Commission.
Cyprus may derogate from Articles 4, 9, 37 and/or 38. Such derogation shall expire from the moment when Cyprus is not qualifying as an isolated market.
Articles 4, 9, 37 and/or 38 shall not apply to Estonia, Latvia and/or Finland until any of those Member States is directly connected to the interconnected system of any Member State other than Estonia, Latvia, Lithuania and Finland. This subparagraph is without prejudice to derogations under the first subparagraph of this paragraph.
2. A Member State, qualifying as an emergent market, which, because of the implementation of this Directive, would experience substantial problems may derogate from Articles 4 and 9, Article 13(1) and (3), Articles 14 and 24, Article 25(5), Articles 26, 31 and 32, Article 37(1) and/or Article 38. Such derogation shall automatically expire from the moment when the Member State no longer qualifies as an emergent market. Any such derogation shall be notified to the Commission.
Cyprus may derogate from Articles 4 and 9, Article 13(1) and (3), Articles 14 and 24, Article 25(5), Articles 26, 31 and 32, Article 37(1) and/or Article 38. Such derogation shall expire from the moment when Cyprus is not qualifying as an emergent market.
3. On the date at which the derogation referred to in the first subparagraph of paragraph 2 expires, the definition of eligible customers shall result in an opening of the market equal to at least 33 % of the total annual gas consumption of the national gas market. Two years thereafter, Article 37(1)(b) shall apply, and three years thereafter, Article 37(1)(c) shall apply. Until Article 37(1)(b) applies the Member State referred to in paragraph 2 of this Article may decide not to apply Article 32 as far as ancillary services and temporary storage for the re-gasification process and its subsequent delivery to the transmission system are concerned.
4. Where the implementation of this Directive would cause substantial problems in a geographically limited area of a Member State, in particular concerning the development of the transmission and major distribution infrastructure, and with a view to encouraging investments, the Member State may apply to the Commission for a temporary derogation from Articles 4 and 9, Article 13(1) and (3), Articles 14 and 24, Article 25(5), Articles 26, 31 and 32, Article 37(1) and/or Article 38 for developments within that area.
5. The Commission may grant the derogation referred to in paragraph 4, taking into account, in particular, the following criteria:
-
the need for infrastructure investments, which would not be economic to operate in a competitive market environment,
-
the level and pay-back prospects of investments required,
-
the size and maturity of the gas system in the area concerned,
-
the prospects for the gas market concerned,
-
the geographical size and characteristics of the area or region concerned, and socioeconomic and demographic factors,
For gas infrastructure other than distribution infrastructure, a derogation may be granted only if no gas infrastructure has been established in the area or if gas infrastructure has been established for less than 10 years. The temporary derogation shall not exceed 10 years from the time gas is first supplied in the area.
For distribution infrastructure a derogation may be granted for a period not exceeding 20 years from when gas is first supplied through the said infrastructure in the area.
6. Article 9 shall not apply to Cyprus, Luxembourg and/or Malta.
7. The Commission shall inform the Member States of applications made under paragraph 4 prior to taking a decision pursuant to paragraph 5, taking into account respect for confidentiality. That decision, as well as the derogations referred to in paragraphs 1 and 2, shall be published in the Official Journal of the European Union.
8. Greece may derogate from Articles 4, 24, 25, 26, 32, 37 and/or 38 of this Directive for the geographical areas and time periods specified in the licences issued by it, prior to 15 March 2002 and in accordance with Directive 98/30/EC, for the development and exclusive exploitation of distribution networks in certain geographical areas.
Article 50
Review procedure
In the event that in the report referred to in Article 52(6), the Commission reaches the conclusion that, given the effective manner in which network access has been carried out in a Member State - which gives rise to fully effective, non-discriminatory and unhindered network access - certain obligations imposed by this Directive on undertakings (including those with respect to legal unbundling for distribution system operators) are not proportionate to the objective pursued, the Member State in question may submit a request to the Commission for exemption from the requirement in question.
Such request shall be notified, without delay, by the Member State to the Commission, together with all the relevant information necessary to demonstrate that the conclusion reached in the report on effective network access being ensured will be maintained.
Within three months of its receipt of a notification, the Commission shall adopt an opinion with respect to the request by the Member State concerned, and where appropriate, submit proposals to the European Parliament and to the Council to amend the relevant provisions of this Directive. The Commission may propose, in the proposals to amend this Directive, to exempt the Member State concerned from specific requirements subject to that Member State implementing equally effective measures as appropriate.
Article 51
Committee
1. The Commission shall be assisted by a committee.
2. Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
3. Where reference is made to this paragraph, Article 5a(1) to (4), and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
Article 52
Reporting
1. The Commission shall monitor and review the application of this Directive and submit an overall progress report to the European Parliament and the Council for the first time by 31 December 2004, and thereafter on an annual basis. The progress report shall cover at least:
(a)
the experience gained and progress made in creating a complete and fully operational internal market in natural gas and the obstacles that remain in this respect including aspects of market dominance, concentration in the market, predatory or anti-competitive behaviour;
(b)
the derogations granted under this Directive, including implementation of the derogation provided for in Article 26(4) with a view to a possible revision of the threshold;
(c)
the extent to which the unbundling and tarification requirements contained in this Directive have been successful in ensuring fair and non-discriminatory access to the Community’s gas system and equivalent levels of competition, as well as the economic, environmental and social consequences of the opening of the gas market for customers;
(d)
an examination of issues relating to system capacity levels and security of supply of natural gas in the Community, and in particular the existing and projected balance between demand and supply, taking into account the physical capacity for exchanges between areas and the development of storage (including the question of the proportionality of market regulation in that field);
(e)
special attention will be given to the measures taken in Member States to cover peak demand and to deal with shortfalls of one or more suppliers;
(f)
a general assessment of the progress achieved with regard to bilateral relations with third countries which produce and export or transport natural gas, including progress in market integration, trade and access to the networks of such third countries;
(g)
the need for possible harmonisation requirements which are not linked to the provisions of this Directive.
Where appropriate, the progress report may include recommendations and measures to counteract the negative effects of market dominance and market concentration.
In the report, the Commission, in consultation with the ENTSO for Gas, may also consider the feasibility of the creation, by transmission system operators, of a single European transmission system operator.
2. Every two years, the progress report referred to in paragraph 1 shall also include an analysis of the different measures taken in Member States to meet public service obligations, together with an examination of the effectiveness of those measures, and, in particular, their effects on competition in the gas market. Where appropriate, the report may include recommendations as to the measures to be taken at national level to achieve high public service standards or measures intended to prevent market foreclosure.
3. The Commission shall, by 3 March 2013, submit, as part of the general review, to the European Parliament and the Council, a detailed specific report outlining the extent to which the unbundling requirements under Chapter IV have been successful in ensuring full and effective independence of transmission system operators, using effective and efficient unbundling as a benchmark.
4. For the purpose of its assessment under paragraph 3, the Commission shall take into account, in particular, the following criteria: fair and non-discriminatory network access, effective regulation, the development of the network to meet market needs, undistorted incentives to invest, the development of interconnection infrastructure, effective competition in the energy markets of the Community and the security of supply situation in the Community.
5. Where appropriate, and in particular in the event that the detailed specific report referred to in paragraph 3 determines that the conditions referred to in paragraph 4 have not been guaranteed in practice, the Commission shall submit proposals to the European Parliament and the Council to ensure fully effective independence of transmission system operators by 3 March 2014.
6. The Commission shall, no later than 1 January 2006, forward to the European Parliament and Council, a detailed report outlining progress in creating the internal market in natural gas. That report shall, in particular, consider:
-
existence of non-discriminatory network access,
-
effective regulation,
-
the development of interconnection infrastructure, the conditions of transit, and the security of supply situation in the Community,
-
the extent to which the full benefits of the opening of the market are accruing to small enterprises and household customers, notably with respect to public service standards,
-
the extent to which markets are in practice open to effective competition, including aspects of market dominance, market concentration and predatory or anti-competitive behaviour,
-
the extent to which customers are actually switching suppliers and renegotiating tariffs,
-
price developments, including supply prices, in relation to the degree of the opening of markets,
-
whether effective and non-discriminatory third-party access to gas storage exists when technically and/or economically necessary for providing efficient access to the system,
-
the experience gained in the application of this Directive as far as the effective independence of system operators in vertically integrated undertakings is concerned and whether other measures in addition to functional independence and separation of accounts have been developed which have effects equivalent to legal unbundling.
Where appropriate, the Commission shall submit proposals to the European Parliament and the Council, in particular to guarantee high public service standards.
Where appropriate, the Commission shall submit proposals to the European Parliament and the Council, in particular to ensure full and effective independence of distribution system operators before 1 July 2007. Where necessary, those proposals shall, in conformity with competition law, also concern measures to address issues of market dominance, market concentration and predatory or anti-competitive behaviour.
Article 53
Repeal
Directive 2003/55/EC is repealed from 3 March 2011 without prejudice to the obligations of Member States concerning the deadlines for transposition and application of the said Directive. References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex II.
Article 54
Transposition
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 3 March 2011. They shall forthwith inform the Commission thereof.
They shall apply those measures from 3 March 2011 with the exception of Article 11, which they shall apply from 3 March 2013.
Where Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 55
Entry into force
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
Article 56
Addressees
This Directive is addressed to the Member States.
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*****
COMMISSION REGULATION (EEC) No 395/90
of 15 February 1990
amending Regulation (EEC) No 3389/73 laying down the procedure and conditions for the sale of tobacco held by intervention agencies
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 727/70 of 21 April 1970 on the common organization of the market in raw tobacco (1), as last amended by Regulation (EEC) No 203/90 (2), and in particular Article 7 (4) thereof,
Whereas Commission Regulation (EEC) No 3389/73 (3), as last amended by Regulation (EEC) No 3263/85 (4), lays down the procedure and conditions for the sale of tobacco held by intervention agencies;
Whereas one aspect of the procedure, set out in Article 3 (1) of Regulation (EEC) No 3389/73, involves the publication of the invitation to tender in the Official Journal of the European Communities at least 45 days before the closing date for the submission of tenders;
Whereas, with a view to speeding up the disposal of quantities of tobacco in intervention storage, where the same lots of tobacco are put up for sale as in a previous invitation to tender, the time limit of at least 45 days should not apply; whereas Article 3 of Regulation (EEC) No 3389/73 should accordingly be amended;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Raw Tobacco,
HAS ADOPTED THIS REGULATION:
Article 1
The following paragraph is hereby inserted in Article 3 of Regulation (EEC) No 3389/73:
'1a. However, the time limit referred to in the first paragraph shall not apply if the invitation to tender relates to lots which have already been the subject of a previous invitation to tender.'
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COMMISSION REGULATION (EEC) N° 4131/87
of 9 December 1987
determining the conditions of entry of port, Madeira, sherry, Setubal muscatel and Tokay (Aszu and Szamorodni) wines falling within subheadings 2204 21 41, 2204 21 51,
2204 29 41, 2204 29 45, 2204 29 51 and 2204 29 55 of 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) N° 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 11 thereof,
Whereas Council Regulation (EEC) N° 950/68 of 28 June 1968 on the Common Customs Tariff (2), as last amended by Regulation (EEC) N° 3529/87 (3), established the Common Customs Tariff on the basis of the nomenclature of the Convention of 15 December 1950 concerning the nomenclature to be used for the classification of goods in customs tariffs;
Whereas on the basis of Council Regulation (EEC) N° 97/69 of 16 January 1969 on measures to be taken for the
uniform application of the nomenclature of the Common Customs Tariff (4), as last amended by Regulation (EEC) N° 2055/84 (5), Commission Regulation (EEC) N° 1120/75 (6), as last amended by Regulation (EEC) N° 3391/83 (7), determined the conditions for the entry of port, Madeira, sherry, Setubal muscatel and Tokay (Aszu and Szamorodni) wines falling within subheadings 22.05 C III
a) 1, 22.05 C III b) 1, 22.05 C III b) 2, and 22.05 C IV a) 1
and b) 1 and 2 of the Common Customs Tariff;
Whereas Regulation (EEC) N° 2658/87 has repealed and replaced, on the one hand, Regulation (EEC) N° 950/68 in adopting the new tariff and statistical nomenclature (combined nomenclature) based on the International Convention on the Harmonized Commodity Description and Coding System and, on the other hand, Regulation (EEC) N° 97/69; whereas it is consequently appropriate, for reasons of clarity, to replace Regulation (EEC) N° 1120/75 by a new regulation taking over the new nomenclature as well as the new legal base; whereas, for the same reasons, it is appropriate to incorporate in this new text all the amendments made to date;
Whereas Regulation (EEC) N° 2658/87 covers
- port, Madeira, sherry and Setubal muscatel wines falling within subheadings 2204 21 41 and 2204 21 51, and
- Tokay (Aszu and Szamorodni) wine falling within subheadings 2204 29 45 and 2204 29 55;
- port, Madeira, sherry and Setubal Muscatel wines falling within subheadings 2204 29 41 and 2204 29 51
of the combined nomenclature;
Whereas entry under these subheadings is subject to conditions laid down in the relevant Community provisions; whereas, in order to ensure uniform application of the combined nomenclature, provisions specifying those conditions must be laid down;
Whereas identification of the above wines presents certain difficulties; whereas it can be considerably simplified if the exporting country gives an assurance that the product exported corresponds to the description of the product in question; whereas, consequently, entry of a product under the subheadings mentioned above should be authorized only where such product is accompanied by a certificate of designation of origin which is issued by an authority acting under the responsibility of the exporting country and which provides such assurance;
Whereas it is appropriate to specify the form which such certificates must take and the conditions for their use; whereas, furthermore, measures must be introduced to enable the Community to keep check upon the conditions of issue of the said certificates and to prevent falsification; whereas accordingly certain obligations should be imposed on the issuing authority;
Whereas the certificate of authenticity should be drawn up in one of the official Community languages and, where appropriate, an official language of the exporting country;
Whereas the measures provided for in this Regulation are
in accordance with the opinion of the Nomenclature Committee,
HAS ADOPTED THIS REGULATION:
Article 1
The admission under combined nomenclature subheading 2204 21 41, 2204 21 51, 2204 29 41, 2204 29 45,
2204 29 51 and 2204 29 55 of port, Madeira, sherry, Setubal muscatel and Tokay (Aszu and Szamorodni) wines shall be subject to presentation of a certificate of designation of origin meeting the requirements specified in this Regulation.
Article 2
1. The certificate shall be in one of the forms set out in Annexes I to V to this Regulation, as indicated in the following table:
TABLE
The certificate shall be printed and drawn up in one of the official languages of the European Economic Community and, where appropriate, in an official language of the exporting country.
The competent authority of the Member State in which the products are presented may require a translation of the certificate.
2. The paper used shall be white, free of mechanical pulp, dressed for writing purposes and weigh not less than 55 g/m$ and not more than 65 g/m$. The front of the certificate shall have a printed guilloche pattern background in pink, such as to reveal any falsification by mechanical or chemical means.
3. The size of the certificate shall be 210 × 297 mm. The borders of the certificate may bear decorative designs on their outer edge in a band not exceeding 13 mm in width.
4. Each certificate shall bear an individual serial number given by the issuing authority.
Article 3
The certificate shall be completed either in typescript or in manuscript. In the latter case, it must be completed in ink and in block letters.
Article 4
The certificate shall be submitted to the customs authorities
of the importing Member State within three months of its date of issue, together with the goods to which it relates.
Article 5
1. A certificate shall be valid only if it is duly authenticated by an authority appearing on the list in
Annex VI.
2. A duly authenticated certificate is one which shows
the place and date of issue and bears the stamp of the issuing authority and the signature of the person or persons authorized to sign it.
Article 6
1. An issuing authority may appear on the list only if:
(a) it is recognized as such by the exporting country;
(b) it undertakes to verify the particulars shown in certificates;
(c) it undertakes to provide the Commission and Member States, on request, with all appropriate information to enable an assessment to be made of the particulars shown in the certificates.
2. The list shall be revised when the condition specified in paragraph 1 (a) is no longer satisfied or when an issuing authority fails to fulfil one or more of the obligations incumbent upon it.
Article 7
Invoices produced in support of import declarations shall bear the serial number of the corresponding certificate.
Article 8
The countries listed in Annex VI shall send the Commission specimens of the stamps used by their issuing authorities. The Commission shall forward this information to the customs authorities of the Member States.
Article 9
Regulation (EEC) N° 1120/75 is hereby repealed.
Article 10
This Regulation shall enter into force on 1 January 1988.
However, until 31 December 1988, the wines specified in Article 1 shall be admitted under the subheadings listed in that Article on presentation alternatively of a certificate of the kind used before 31 December 1987.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 December 1987. | [
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Commission Regulation (EC) No 1575/2003
of 5 September 2003
amending representative prices and additional duties for the import of certain products in the sugar sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector(1), as amended by Commission Regulation (EC) No 680/2002(2),
Having regard to Commission Regulation (EC) No 1423/95 of 23 June 1995 laying down detailed implementing rules for the import of products in the sugar sector other than molasses(3), as last amended by Regulation (EC) No 624/98(4), and in particular the second subparagraph of Article 1(2), and Article 3(1) thereof,
Whereas:
(1) The amounts of the representative prices and additional duties applicable to the import of white sugar, raw sugar and certain syrups are fixed by Commission Regulation (EC) No 1166/2003(5), as last amended by Regulation (EC) No 1558/2003(6).
(2) It follows from applying the general and detailed fixing rules contained in Regulation (EC) No 1423/95 to the information known to the Commission that the representative prices and additional duties at present in force should be altered to the amounts set out in the Annex hereto,
HAS ADOPTED THIS REGULATION:
Article 1
The representative prices and additional duties on imports of the products referred to in Article 1 of Regulation (EC) No 1423/95 shall be as set out in the Annex hereto.
Article 2
This Regulation shall enter into force on 6 September 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 5 September 2003. | [
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COMMISSION REGULATION (EC) No 1824/98 of 21 August 1998 on the sale by tender of beef held by certain intervention agencies and intended for processing within the Community
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 805/68 of 27 June 1968 on the common organisation of the market in beef and veal (1), as last amended by Regulation (EC) No 1633/98 (2), and in particular Article 7(3) thereof,
Whereas the application of intervention measures in respect of beef has created stocks in several Member States; whereas, in order to prevent an excessive prolongation of storage, part of these stocks should be sold by tender for processing in the Community;
Whereas the sale should be made subject to the rules laid down by Commission Regulations (EEC) No 2173/79 (3), as last amended by Regulation (EC) No 2417/95 (4), (EEC) No 3002/92 (5), as last amended by Regulation (EC) No 770/96 (6) and (EEC) No 2182/77 (7), as last amended by Regulation (EC) No 2417/95, subject to certain special exceptions on account of the particular use to which the products in question are to be put;
Whereas, with a view to ensuring a regular and uniform tendering procedure, measures should be taken in addition to those laid down in Article 8(1) of Regulation (EEC) No 2173/79;
Whereas provision should be made for derogations from Article 8(2)(b) of Regulation (EEC) No 2173/79, in view of the administrative difficulties which application of this point creates in the Member States concerned;
Whereas in order to ensure optimum monitoring of the destination of beef from intervention stocks, control measures should be taken, in addition to the measures provided for in Regulation (EEC) No 3002/92, which are based on physical inspection of quantities and qualities;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,
HAS ADOPTED THIS REGULATION:
Article 1
1. The sale shall take place of intervention products of:
- approximately 100 tonnes of bone-in hindquarters held by the Spanish intervention agency.
The products put up for sale have been bought into intervention in accordance with Article 1(c) of Commission Regulations (EC) No 1788/96 (8), (EC) No 1960/96 (9), (EC) No 2045/96 (10), (EC) No 2195/96 (11), (EC) No 2301/96 (12) and (EC) No 2378/96 (13).
Detailed information concerning quantities is given in Annex I.
2. Subject to the provisions of this Regulation the products referred to in paragraph 1 shall be sold in accordance with Regulations (EEC) No 2173/79, in particular Titles II and III thereof, (EEC) No 2182/77 and (EEC) No 3002/92.
Article 2
1. Notwithstanding Articles 6 and 7 of Regulation (EEC) No 2173/79, the provisions of and Annexes to this Regulation shall serve as a general notice of invitation to tender.
The intervention agencies concerned shall draw up a notice of invitation to tender which shall include the following:
(a) the quantities of beef offered for sale; and
(b) the deadline and place for submitting tenders.
2. Interested parties may obtain the details of the quantities available and the places where the products are stored from the addresses listed in Annex II to this Regulation. The intervention agencies shall, in addition, display the notice referred to in paragraph 1 at their head offices and may publish it in other ways.
3. For each product mentioned in Annex I the intervention agencies concerned shall sell first the meat which has been stored the longest.
4. Only tenders which reach the intervention agencies concerned by 12 noon on 7 September 1998 shall be considered.
5. Notwithstanding Article 8(1) of Regulation (EEC) No 2173/79, a tender must be submitted to the intervention agency concerned in a closed envelope, bearing the reference to the Regulation concerned. The closed envelope must not be opened by the intervention agency before the expiry of the tender deadline referred to in paragraph 4.
6. Notwithstanding Article 8(2)(b) of Regulation (EEC) No 2173/79, tenders shall not indicate in which cold store or stores the products are held.
Article 3
1. Member States shall provide the Commission with information concerning the tenders received not later than the working day following the deadline set for the submission of tenders.
2. After the tenders received have been examined a minimum selling price shall be set for each product or the sale will not proceed.
Article 4
1. A tender shall be valid only if presented by or on behalf of a natural or legal person who, for the 12 months prior to the entry into force of this Regulation, has been engaged in the processing of products containing beef and who is entered in a national VAT register. In addition, tenders must be presented by or on behalf of a processing establishment approved in accordance with Article 8 of Council Directive 77/99/EEC (14).
2. Notwithstanding Article 3(1) and (2) of Regulation (EEC) No 2182/77, a tender must be accompanied by:
- a written undertaking by the tenderer to process the meat into the products specified in Article 5 within the period referred to in Article 5(1) of Regulation (EEC) No 2182/77,
- precise details of the establishment or establishments where the meat which has been purchased is to be processed.
3. The tenderers referred to in paragraph 1 may instruct an agent in writing to take delivery, on their behalf, of the products which they purchase. In this case the agent shall submit the bids of the tenderers whom he represents together with the written instruction referred to above.
4. Notwithstanding Article 18(1) of Regulation (EEC) No 2173/79 the time limit for taking over meat sold pursuant to this Regulation shall be two months from the day of the notification referred to in Article 11 of the same Regulation.
5. The purchasers and agents referred to in the preceding paragraphs shall maintain and keep up to date an accounting system which permits the destination and use of the products to be ascertained with a view in particular to ensuring that the quantities of products purchased and manufactured tally.
Article 5
1. Meat purchased in accordance with this Regulation shall be processed into products which comply with the definitions for A products and B products set out in paragraphs 2 and 3.
2. An 'A` product means a processed product falling within CN code 1602 10, 1602 50 31, 1602 50 39 or 1602 50 80, not containing meat other than that of animals of the bovine species, with a collagen/protein ratio of no more than 0,45 % (15) and containing by weight at least 20 % (16) of lean meat excluding offal (17) and fat with meat and jelly accounting for at least 85 % of the total net weight.
The product must be subjected to a heat treatment sufficient to ensure the coagulation of meat proteins in the whole of the product which may not show any traces of a pinkish liquid on the cut surface when the product is cut along a line passing through its thickest part.
3. A 'B` product means a processed product containing beef, other than:
- one specified in Article 1(1)(a) of Regulation (EEC) No 805/68, or
- one referred to in paragraph 2.
However, a processed product falling within CN code 0210 20 90 which has been dried or smoked so that the colour and consistency of the fresh meat has totally disappeared and with a water/protein ratio not exceeding 3,2 shall be considered to be a B product.
Article 6
1. Member States shall set up a system of physical and documentary supervision to ensure that all meat is processed in accordance with Article 5.
The system must include physical checks of quantity and quality at the start of the processing, during the processing and after the processing operation is completed. To this end, processors shall at any time be able to demonstrate the identity and use of the meat through appropriate production records.
Technical verification of the production method by the competent authority may, to the extent necessary, make allowance for drip losses and trimmings.
In order to verify the quality of the finished product and establish its conformity with the processor's recipe Member States shall undertake representative sampling and analysis of the product. The costs of such operations shall be borne by the processor concerned.
2. Member States may, at the request of the processor, authorise the boning of hindquarters in an establishment other than that provided for in respect of processing provided the relevant operations take place in the same Member State under appropriate supervision.
3. Article 1 of Regulation (EEC) No 2182/77 shall not apply.
Article 7
1. The security provided for in Article 15(1) of Regulation (EEC) No 2173/79 shall be ECU 12 per 100 kilograms.
2. The security provided for in Article 4(1) of Regulation (EEC) No 2182/77 shall be:
- the difference in ecus between the tender price per tonne and ECU 2 700.
3. Notwithstanding Article 5(3) of Regulation (EEC) No 2182/77, the processing of all beef purchased into finished products as referred to in Article 5 shall constitute a principal requirement.
Article 8
Notwithstanding Article 9 of Regulation (EEC) No 2182/77, in addition to the entries provided for in Regulation (EEC) No 3002/92:
- Section 104 of T 5 control copies must be completed with one or more of the following:
- Para transformación [Reglamentos (CEE) n° 2182/77 y (CE) n° 1824/98]
- Til forarbejdning (forordning (EØF) nr. 2182/77 og (EF) nr. 1824/98)
- Zur Verarbeitung bestimmt (Verordnungen (EWG) Nr. 2182/77 und (EG) Nr. 1824/98)
- Ãéá ìåôáðïßçóç [êáíïíéóìïß (ÅÏÊ) áñéè. 2182/77 êáé (ÅÊ) áñéè. 1824/98]
- For processing (Regulations (EEC) No 2182/77 and (EC) No 1824/98)
- Destinés à la transformation [règlements (CEE) n° 2182/77 et (CE) n° 1824/98]
- Destinate alla trasformazione [Regolamenti (CEE) n. 2182/77 e (CE) n. 1824/98]
- Bestemd om te worden verwerkt (Verordeningen (EEG) nr. 2182/77 en (EG) nr. 1824/98)
- Para transformação [Regulamentos (CEE) nº 2182/77 e (CE) nº 1824/98]
- Jalostettavaksi (Asetukset (ETY) N:o 2182/77 ja (EY) N:o 1824/98)
- För bearbetning (Förordningarna (EEG) nr 2182/77 och (EG) nr 1824/98),
- Section 106 of T 5 control copies must be completed with the date of conclusion of the contract of sale.
Article 9
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, 21 August 1998. | [
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*****
COMMISSION DECISION
OF 2 DECEMBER 1988
RELATING TO A PROCEEDING UNDER ARTICLE 85 OF THE EEC TREATY ( IV/223, TRANSOCEAN MARINE PAINT ASSOCIATION )
( ONLY THE ENGLISH AND DUTCH VERSIONS OF THIS TEXT ARE AUTHENTIC )
( 88/635/EEC )
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY,
HAVING REGARD TO COUNCIL REGULATION NO 17 OF 6 FEBRUARY 1962, FIRST REGULATION IMPLEMENTING ARTICLES 85 AND 86 OF THE TREATY ( 1 ), AS LAST AMENDED BY THE ACT OF ACCESSION OF SPAIN AND PORTUGAL, AND IN PARTICULAR ARTICLES 4, 6 AND 8 THEREOF,
HAVING REGARD TO DECISION 67/454/EEC ( 2 ) WHEREBY THE COMMISSION GAVE AN EXEMPTION PURSUANT TO ARTICLE 85 ( 3 ) OF THE TREATY TO THE TRANSOCEAN MARINE PAINT ASSOCIATION, VALID UNTIL 31 DECEMBER 1972,
HAVING REGARD TO COMMISSION DECISION 74/16/EEC ( 3 ), AS AMENDED BY DECISION 75/649/EEC ( 4 ), EXTENDING THE EXEMPTION UNTIL 31 DECEMBER 1978,
HAVING REGARD TO COMMISSION DECISION 80/184/EEC ( 5 ) EXTENDING THE EXEMPTION UNTIL 31 DECEMBER 1986,
HAVING REGARD TO THE APPLICATION FOR FURTHER EXTENSION MADE ON 7 JANUARY 1988,
HAVING REGARD TO THE SUMMARY OF THE APPLICATION FOR EXTENSION ( 6 ) PUBLISHED IN ACCORDANCE WITH ARTICLE 19 ( 3 ) OF REGULATION NO 17,
AFTER CONSULTING THE ADVISORY COMMITTEE ON RESTRICTIVE PRACTICES AND DOMINANT POSITIONS,
WHEREAS :
I . THE FACTS
( 1 ) THE TRANSOCEAN MARINE PAINT ASSOCIATION ( TRANSOCEAN ) IS AN ASSOCIATION OF MEDIUM-SIZED MARINE PAINT MANUFACTURERS FOUNDED IN 1959 WITH THE OBJECT OF MANUFACTURING MARINE PAINTS OF IDENTICAL COMPOSITION AND DISTRIBUTING AND ADVERTISING THEM UNDER THE SAME TRADEMARK IN A LARGE NUMBER OF COUNTRIES SO AS TO ESTABLISH A WORLD-WIDE DISTRIBUTION AND AFTER SALES SERVICE NETWORK AND HENCE IMPROVE THE PROSPECTS FOR COMPETITION WITH OTHER, SUBSTANTIALLY LARGER, MARINE PAINT MANUFACTURERS .
( 2 ) THE FOLLOWING FIRMS ARE CURRENTLY MEMBERS OF THE ASSOCIATION ( LISTED IN CHRONOLOGICAL ORDER OF MEMBERSHIP ):
F.A.C . VAN DER LINDEN GMBH * CO ., GERMANY
PACIFIC PRODUCTS, INC ., PHILIPPINES
VENEZIANI ZONCA VERNICI SPA, ITALY
DURMUS YASAR * SONS, TURKEY
PARS-PAMCHAL CHEMICAL CO ., IRAN
COPALIN SA, GREECE
TOA PAINT CO . LTD, JAPAN
HEALING INDUSTRIES LTD, NEW ZEALAND
YCEE MARINE SUPPLIES LTD, HONG KONG
COLORIN SA, ARGENTINA
INDUSTRIA DE PINTURAS ADOLFO STIERLING LTDA, CHILE
TECHNOQUIMICA SA, PERU
COPALIN PAINT FACTORY, EGYPT
HEALING INDUSTRIES PTY LTD, AUSTRALIA
ASIAN PAINTS ( SP ) LTD, FIJI
TECHNO-QUIMICA SA, BRAZIL
EPIGLASS ( S ) PTE LTD, SINGAPORE
TRANSOCEAN IBERICA SA, SPAIN
VAPOCURE TAIWAN LTD, TAIWAN
FABRICA DE TINTAS MARILINA SA, PORTUGAL
KOSSAN CHEMICAL INDUSTRIES, MALAYSIA
NATIONAL PAINTS FACTORIES CO ., UNITED ARAB EMIRATES
NEO-SHINE VARNISHES, INDIA
( 3 ) A NUMBER OF COMPANIES HAVE LEFT TRANSOCEAN . IN PARTICULAR, THE ASSOCIATION NOW HAS NO MEMBER IN THE UNITED STATES OF AMERICA OR IN THE UNITED KINGDOM . THE TOTAL SALES OF THE MEMBERS AND AFFILIATES OF TRANSOCEAN HAVE DECREASED FROM 15 MILLION LITRES IN 1978 TO 8 MILLION LITRES IN 1986 . TOTAL SALES OF THE MEMBERS AND AFFILIATES REPRESENT SOME (. . .) ( 1 ) OF THE WORLD MARKET .
INDIVIDUAL MEMBERS' MARKET SHARES WITHIN THE COMMUNITY RANGE FROM A NEGLIGIBLE PERCENTAGE IN SOME COUNTRIES TO (. . .) IN OTHERS . THE COMBINED MARKET SHARE OF THE ASSOCIATION THROUGHOUT THE COMMUNITY IS CURRENTLY LESS THAN (. . .). THE STRUCTURE OF THE MARKET HAS NOT CHANGED RADICALLY SINCE THE LAST DECISION RENEWING THE EXEMPTION IN 1979 . THE MEMBERS OF THE ASSOCIATION THAT REMAIN HAVE MORE OR LESS THE SAME MARKET SHARE AS IN 1979 . THE COMPETITIVE STRUCTURE OF INDUSTRY HAS REMAINED SIMILAR WITH THE EFFECTS OF STAGNATION STILL BEING FELT THROUGHOUT THE INDUSTRY .
( 4 ) TRANSOCEAN'S MAIN COMPETITORS ARE INTERNATIONAL MARINE COATINGS, HEMPEL, JOTUN, SIGMA COATINGS, CHOGOKA AND BERGER PAINTS . THESE COMPETITORS ARE MORE IMPORTANT THAN TRANSOCEAN BOTH IN AGGREGATE TERMS AND ON INDIVIDUAL MARKETS .
( 5 ) THE PRESENT REQUEST FOR THE EXTENSION OF THE EXEMPTION FIRST GRANTED BY DECISION 67/454/EEC PERTAINS TO THE ARTICLES OF ASSOCIATION AND THREE SUPPLEMENTARY AGREEMENTS AS AMENDED IN 1987 . THE GENERAL SCHEME OF THE ASSOCIATION REMAINS AS DESCRIBED IN THE ABOVEMENTIONED DECISION .
( 6 ) THE MODIFICATIONS OF THE ARTICLES OF ASSOCIATION AND OF THE THREE SUPPLEMENTARY AGREEMENTS SEEK MAINLY TO IMPROVE THE PROTECTION OF THE TRADE MARKS AND THE KNOW-HOW OF TRANSOCEAN . UNDER THE NEW ARTICLES OF ASSOCIATION TRADE MARKS SHALL BE REGISTERED BY THE CENTRAL ADMINISTRATIVE OFFICE OF THE ASSOCIATION AND EACH MEMBER AND AFFILIATE WILL BE GRANTED A LICENCE ACCORDING TO A STANDARD FORM ( ARTICLE 9 ( 1 )). THE TRADE MARKS SHALL BE THE PROPERTY OF THE ASSOCIATION ( ARTICLE 9 ( 3 )). PROSECUTION OF INFRINGEMENTS OF THE TRADE MARKS IS THE RESPONSIBILITY OF EACH MEMBER OR AFFILIATE IN THE COUNTRY ALLOCATED TO HIM ( ARTICLE 9 ( 4 )). THE NATURE OF THE TERRITORIAL EXCLUSIVITY CONFERRED UPON EACH MEMBER OR AFFILIATE IS NOW EXPRESSLY DEFINED TO PROHIBIT ACTIVE SALES CANVASSING OUTSIDE ALLOCATED TERRITORIES ( ARTICLE 5 ( 1 )). PASSIVE SALES ARE NOT PROHIBITED .
THE OLD ARTICLES OF ASSOCIATION PROVIDED FOR THE PAYMENT OF A COMMISSION WHEN A MEMBER SUPPLIED SERVICES FOR ANOTHER MEMBER . THIS COMMISSION HAS NOW BEEN ELIMINATED .
( 7 ) OTHER CHANGES TO THE ARTICLES OF ASSOCIATION HAVED BEEN MADE BUT ARE PURELY OF A STYLISTIC NATURE . THE FORMER ARTICLES OF ASSOCIATION AND BY-LAWS HAVE BEEN INCORPORATED INTO A SINGLE DOCUMENT IN ORDER TO OBVIATE REPETITION .
APART FROM THE CHANGES OUTLINED, THE SUBSTANCE OF THE ARTICLES OF ASSOCIATION REMAINS UNCHANGED .
( 8 ) THREE SUPPLEMENTARY AGREEMENTS ARE ALSO NOTIFIED . THESE ARE THE MEMBERSHIP AGREEMENT, THE AFFILIATION AGREEMENT AND THE LICENCE AGREEMENT . THESE AGREEMENTS ARE ALL NEW AND DEFINE THE RELATIONSHIP BETWEEN TRANSOCEAN AND ITS MEMBERS AND AFFILIATES AND BETWEEN THE MEMBERS AND AFFILIATES INTER SE .
( 9 ) THE MEMBERSHIP AGREEMENT DEFINES THE RIGHTS AND OBLIGATIONS OF EACH MEMBER IN RELATION TO TRANSOCEAN . THE TERMS OF THE AGREEMENT CORRESPOND TO THE TERMS OF THE ARTICLES OF ASSOCIATION . THE MEMBER IS GRANTED THE RIGHT TO MANUFACTURE THE PRODUCTS, TO USE THE KNOW-HOW AND THE TRADE MARKS BUT ONLY IN RELATION TO THE PRODUCTS AS DEFINED ( ARTICLE 2 ). ACTIVE SALES CANVASSING OUTSIDE EACH MEMBER'S TERRITORY IS FORBIDDEN ( ARTICLE 3 ) WITH EACH MEMBER BEING GIVEN TERRITORIAL EXCLUSIVITY . IF A MEMBER MAKES IMPROVEMENTS TO THE PRODUCTS HE MUST INFORM TRANSOCEAN AND IF SUCH IMPROVEMENTS CANNOT BE USED INDEPENDENTLY OF THE
KNOW-HOW OR PATENTS TRANSOCEAN SHALL MAKE THE INFORMATION AVAILABLE TO ALL THE MEMBERS AND AFFILIATES FREE OF CHARGE ( ARTICLE 5 ). IF THE IMPROVEMENT CAN BE USED INDEPENDENTLY, THEN THE MEMBER MUST OFFER IT TO TRANSOCEAN AND ITS MEMBERS ON A LICENCE BASIS AT AN AGREED ROYALTY FOR A REASONABLE PERIOD ( ARTICLE 5 ). EACH MEMBER UNDERTAKES TO KEEP ALL KNOW-HOW SECRET, EVEN AFTER THE EXPIRY OF THE TERM OF THE AGREEMENT ( ARTICLE 6 ). TRANSOCEAN IS PRIMARILY RESPONSIBLE FOR THE REGISTRATION OF TRADE MARKS AND EACH MEMBER SHALL REGISTER AS A USER IN HIS RESPECTIVE TERRITORY ( ARTICLE 7 ). EACH MEMBER SHALL TAKE STEPS TO PREVENT INFRINGEMENT OF KNOW-HOW AND TRADE MARKS AND SHALL PROCEED AGAINST THE INFRINGER IN HIS TERRITORY AT HIS OWN COST . SHOULD HE FAIL TO DO SO TRANSOCEAN SHALL PROCEED AGAINST THE INFRINGER AT THE COST OF THE MEMBER ( ARTICLE 8 ). THE TRANSFER, ASSIGNMENT OR DISPOSAL OF THE RIGHTS OF THE MEMBER IS FORBIDDEN EXCEPT IN THE EVENT OF CONCLUDING THE STANDARD LICENCE AGREEMENT WITH AN AFFILIATE AS DESCRIBED BELOW . IN ANY EVENT, THE RIGHT TO ENTER INTO THE LICENCE AGREEMENT IS SUBJECT TO APPROVAL BY TRANSOCEAN ( ARTICLE 9 ). A NEW MEMBER IS REQUIRED TO PAY AN ADMISSION FEE TO COVER COSTS INCURRED BY TRANSOCEAN IN THE PREPARATION OF HIS
MEMBERSHIP ( ARTICLE 10 ). AN ANNUAL CONTRIBUTION IS TO BE PAID BY EACH MEMBER ( ARTICLE 11 ). EACH MEMBER SHALL PAY TO TRANSOCEAN A SINGLE NON-RECURRING ROYALTY AS REIMBURSEMENT FOR EXPENSES INCURRED IN RELATION TO THE ACQUISITION AND MAINTENANCE OF THE KNOW-HOW ( ARTICLE 12 ). THE MEMBERSHIP AGREEMENT AUTOMATICALLY TERMINATES WHEN THE MEMBER CEASES TO BE A MEMBER OF TRANSOCEAN ( ARTICLE 13 ). UPON TERMINATION THE MEMBER SHALL CEASE TO HAVE ANY RIGHTS TO USE THE TRADE MARKS AND KNOW-HOW ( ARTICLE 14 ).
( 10 ) THE AFFILIATION AGREEMENT SETS OUT THE RIGHTS AND OBLIGATIONS OF AFFILIATES . THE STATUS OF AN AFFILIATE IS DIFFERENT FROM THAT OF A MEMBER IN THAT THE FORMER CANNOT TRANSFER, ASSIGN OR SUBLICENCE HIS RIGHTS UNDER THE ARTICLES OF ASSOCIATION ( ARTICLE 4 ) AND PAYS NO MEMBERSHIP FEE BUT AN ANNUAL CONTRIBUTION TO TRANSOCEAN ( ARTICLE 7 ). IN OTHER RESPECTS THE AFFILIATION AGREEMENT IS MATERIALLY SIMILAR TO THE MEMBERSHIP AGREEMENT REFERRED TO ABOVE . A FURTHER DIFFERENCE IN THE STATUS OF THE AFFILIATE IS THAT HE MUST CONCLUDE A LICENCE AGREEMENT AS NOTIFIED .
( 11 ) THE LICENCE AGREEMENT IS THE AGREEMENT BETWEEN THE AFFILIATE ON THE ONE PART AND TRANSOCEAN AND THE MEMBER ON THE OTHER, BY WHICH THE KNOW-HOW AND TRADE MARKS ARE TRANSFERRED FROM THE LATTER TO THE FORMER . THE LICENCE AGREEMENT IS SIMILAR IN ALL MATERIAL RESPECTS TO THE MEMBERSHIP AGREEMENT EXCEPT THAT THE AFFILIATE SHALL PAY TO THE MEMBER CONCLUDING THE LICENCE A ROYALTY AT THE END OF EACH QUARTER ON THE NET SALES VALUE OF ALL PRODUCTS SOLD BY THE AFFILIATE ( ARTICLE 7 ).
( 12 ) THIRD PARTIES HAVE MADE NO OBJECTIONS SUBSEQUENT TO THE PUBLICATION MADE UNDER ARTICLE 19 ( 3 ) OF REGULATION NO 17 .
II . LEGAL ASSESSMENT
( 13 ) THE AGREEMENTS NOTIFIED HAVE TO CONSIDERED AS A WHOLE AND NOT SEPARATELY . THEY ARE AGREEMENTS WITHIN THE MEANING OF ARTICLE 85 ( 1 ). THEY ARE RESTRICTIVE OF COMPETITION WITHIN THE MEANING OF THAT ARTICLE IN THAT THEY ARE AGREEMENTS BETWEEN ACTUAL OR POTENTIAL COMPETITORS . THEY OBLIGE THE MEMBERS OF THE ASSOCIATION TO CONCENTRATE THEIR EFFORTS IN THE FIELD OF PRODUCTION AND DISTRIBUTION WITHIN THE ALLOTED TERRITORY AND LIMIT THE POSSIBILITY OF EXPANDING THEIR ACTIVITIES ACTIVELY TO TERRITORIES ALLOCATED TO OTHER MEMBERS . THE MEMBERS ARE ALSO PRECLUDED FROM JOINING A SIMILAR ORGANIZATION RELATING TO MARINE PAINTS . AS THERE ARE SEVERAL MEMBERS FROM WITHIN THE COMMUNITY THE AGREEMENTS ARE LIKELY TO AFFECT TRADE BETWEEN MEMBER STATES .
( 14 ) THE EXEMPTION GIVEN BY THE COMMUNITY CAN BE EXTENDED, PURSUANT TO ARTICLE 8 ( 2 ) OF REGULATION NO 17, AS THE REQUIREMENTS OF ARTICLE 85 ( 3 ) ARE STILL SATISFIED . THE POOLING AND COORDINATION OF THE INDIVIDUAL DISTRIBUTION NETWORKS OF MEMBER FIRMS IS A SUITABLE AND INDEED NECESSARY MEANS OF ENRICHING THE RANGE OF GOODS ON OFFER, IMPROVING SALES STRUCTURES IN THE MARINE PAINT INDUSTRY AND PROMOTING INTENSIVE COMPETITION WITH THE MAJOR MARINE PAINT MANUFACTURERS . THE EXISTENCE OVER THE YEARS OF THE SALES AND SERVICE NETWORK FOR TRANSOCEAN PAINTS HAS INCREASED THE AVAILABILITY OF THE PRODUCTS, WITH A RESULTANT BENEFIT TO CONSUMERS .
( 15 ) THE RESTRICTIONS OF COMPETITION RESULTING FROM THE CURRENT VERSION OF THE TRANSOCEAN ARTICLES OF ASSOCIATION, MEMBERSHIP AGREEMENT, AFFILIATION AGREEMENT AND LICENCE AGREEMENT ARE INDISPENSABLE FOR THE ATTAINMENT OF THESE OBJECTIVES . THE TERRITORIAL PROTECTION STIPULATED IS NOT ABSOLUTE, FOR PASSIVE SALES OUTSIDE THE ALLOTTED TERRITORY ARE PERMITTED; NO COMMISSION IS PAYABLE IN THE EVENT OF A SALE OUTSIDE THE TERRITORY OF A MEMBER OR AFFILIATE . THE ADMISSION FEE, ANNUAL CONTRIBUTION AND NON-RECURRING ROYALTY PAYMENTS BY A MEMBER TO TRANSOCEAN REIMBURSE THE LATTER FOR THE EXPENSES INCURRED IN THE RUNNING OF THE ASSOCIATION AND IN THE ACQUISITION AND MAINTENANCE OF KNOW-HOW . THE STIPULATIONS ON IMPROVEMENTS ARE ALSO
INDISPENSABLE TO THE UNIFORM APPLICATION OF ADVANCES MADE IN THE FIELD OF MARINE PAINT THROUGHOUT TRANSOCEAN .
( 16 ) A SHARE OF LESS THAN (. . .) OF A MARKET IN WHICH THERE ARE LARGER AND MORE POWERFUL SUPPLIERS OF SIMILAR PRODUCTS DOES NOT GIVE THE POWER TO ELIMINATE COMPETITION IN RESPECT OF A SUBSTANTIAL PART OF THE RELEVANT GOODS .
( 17 ) EXPERIENCE OF THE APPLICATION OF COMMISSION DECISION 80/184/EEC HAS SHOWN THAT THE OBLIGATIONS IMPOSED THEREIN ARE APPROPRIATE IN ORDER TO ENABLE THE COMMISSION TO ASSESS THE EFFECTS OF COOPERATION BETWEEN TRANSOCEAN MEMBERS IN A RAPIDLY CHANGING MARKET FOR COMPATIBILITY WITH THE RULES ON COMPETITION IN THE TREATY .
( 18 ) THE DECLARATION OF EXEMPTION SHOULD ACCORDINGLY BE RENEWED FOR 11 YEARS TO 31 DECEMBER 1998 AND THE OBLIGATIONS OF DECISION 80/184/EEC SHOULD AGAIN BE ATTACHED,
HAS ADOPTED THIS DECISION :
ARTICLE 1
THE DECLARATION OF EXEMPTION IN ACCORDANCE WITH ARTICLE 85 ( 3 ) OF THE EEC TREATY, WHICH THE COMMISSION ISSUED BY DECISIONS 67/454/EEC, 74/16/EEC AND 80/184/EEC CONCERNING THE AGREEMENT OF 1 JANUARY 1959 ESTABLISHING THE TRANSOCEAN MARINE PAINT ASSOCIATION, IS HEREBY RENEWED FROM 1 JANUARY 1988 TO 31 DECEMBER 1998 IN RESPECT OF THE VERSION AMENDED MOST RECENTLY IN 1987 .
ARTICLE 2
THIS DECISION IS SUBJECT TO THE FOLLOWING OBLIGATIONS :
1 . THE COMMISSION SHALL BE INFORMED WITHOUT DELAY OF THE FOLLOWING MATTERS :
( A ) ANY AMENDMENT OR ADDITION TO THE AGREEMENTS;
( B ) ANY DECISION TAKEN BY THE BOARD OF DIRECTORS OR THE RESULT OF ANY ARBITRATION HELD, PURSUANT TO THE RESTRICTIVE PROVISIONS OF THE AGREEMENTS, AND IN PARTICULAR ARTICLES 5 AND 9 THEREOF;
( C ) ANY CHANGE IN THE COMPOSITION OF MEMBERSHIP;
( D ) ANY LINK AND ANY CHANGES IN SUCH LINKS, PRESENT OR FUTURE, CONSTITUED BY MEANS OF A FINANCIAL PARTICIPATION AMOUNTING TO 25 % OR MORE OF THE SHARE CAPITAL OR BY WAY OF COMMON DIRECTORS OR MANAGERS :
( AA ) BETWEEN MEMBERS OF THE ASSOCIATION; OR
( BB ) BETWEEN A MEMBER OF THE ASSOCIATION AND ANOTHER ENTERPRISE IN THE PAINT SECTOR, PROVIDED THAT SUCH NON-MEMBER CARRIES ON BUSINESS DIRECTLY OR INDIRECTLY WITHIN THE COMMUNITY IN THE PAINT SECTOR, THAT IS TO SAY UNDERTAKES BUSINESS IN ONE OR MORE MEMBER STATES DIRECTLY OR THROUGH A SUBSIDIARY UNDERTAKING OR BY MEANS OF A JOINT VENTURE .
2 . A REPORT SHALL BE SUBMITTED BY THE ASSOCIATION ANNUALLY TO THE COMMISSION ON THE ACTIVITIES OF THE ASSOCIATION AND IN PARTICULAR ON IMPROVEMENTS IN THE PRODUCTION AND MARKETING OF MARINE PAINT PRODUCTS ACHIEVED .
ARTICLE 3
THIS DECISION IS ADDRESSED TO THE TRANSOCEAN MARINE PAINT ASSOCIATION FOR THE ATTENTION OF THE SECRETARY-GENERAL, MR W.G . VAN AALST, MATHENESSERLAAN 300, NL-3021 HV ROTTERDAM, AND TO ITS MEMBERS AS FOLLOWS :
F.A.C . VAN DER LINDEN GMBH * CO .,
FRITZ REUTER STRASSE 32,
PO BOX 1208,
D-2153 HAMBURG-NEU WULMSTORF;
COPALIN SA,
16 SALAMINIAS STREET,
GR-11855 ATHENS;
VENEZIANI ZONCA VERNICI SPA,
VIA MALASPINA 8,
PO BOX 550,
I-34147 TRIESTE;
TRANSOCEAN IBERICA SA,
CTRA . DE BALIS, KM . 1,
( PARACUELLOS DEL JARAMA ),
PO BOX 62058,
ES-MADRID 28080;
FABRICA DE TINTAS MARILINA SA,
RUE INFANTE D . HENRIQUE 421,
PO BOX
P-4436 RIO TINTO ( PORTO );
PACIFIC PRODUCTS INC .,
6TH FL . INSULAR LIFE BUILDING,
AYALA AVENUE, MAKATI,
PO BOX 46,
METRO MANILA,
PHILIPPINES;
HEALING INDUSTRIES PTY LTD,
27 LESLIE STREET,
LAKEMBA NSW 2195,
AUSTRALIA;
ASIAN PAINTS ( SP ) LTD .,
7-9-11 RUVE PLACE,
TAVAKUBU,
PO BOX 694,
LAUTOKA,
FIJI;
YCEE MARINE SUPPLIES LTD .,
1102 WINFULL COMMERCIAL BLDG,
174 WING LOK STREET,
HONG KONG;
TOA PAINT CO . LTD,
HEAD OFFICE,
1-29, 2-CHOME, DOJIMA-HAMA,
KITA-KU,
OSAKA 530,
JAPAN;
HEALING INDUSTRIES LTD,
686 ROSEBANK ROAD, AVONDALE,
PRIVATE BAG, ROSEBANK,
AUCKLAND 7,
NEW ZEALAND;
EPIGLASS ( S ) PTE . LTD,
22, TUAS AVENUE 8,
SINGAPORE 2263,
SINGAPORE;
VAPOCURE TAIWAN LTD,
ROOM 808, 8F-6,
NO 147, CHIEN KUO ROAD, SEC . 2,
T'AIPEI,
TAIWAN;
A.P.C . INDUSTRIES CO . LTD,
2469/8-9 PETCHBURI ROAD EXT,
BANGKOK 10310,
THAILAND;
COPALIN PAINT FACTORY,
1ST E1 MADABEGH STREET,
WARDIAN,
PO BOX 348,
ALEXANDRIA,
EGYPT;
PARS-PAMCHAL CHEMICAL CO .,
MIRZAYE SHIRAZI AVE,
15TH STREET NR 12,
PO BOX 13145-1331,
TEHRAN 13,
IRAN;
DURMUS YASAR * SONS,
SANAYI CADD . NO 37,
BORNOVA PO BOX 594,
IZMIR,
TURKEY;
COLORIN SA,
JURAMENTO 5853,
1605-MUNRO-FGB,
PO BOX 11,
BUENOS AIRES,
ARGENTINA;
TECNO-QUIMICA SA,
ROD . PRESIDENTE DUTRA 2254/KM2,
RIO DE JANEIRO RJ,
BRAZIL;
INDUSTRIA DE PINTURAS ADOLFO STIERLING LTDA,
AV . LA DIVISA 0359 _ LO ESPEJO,
C . DE SAN BERNARDO,
CHILE;
TECHNOQUIMICA SA,
PISTA A LA ATARJEA 1152,
EL AGOSTINO,
PO BOX 2678,
LIMA 100,
PERU;
KOSSAN CHEMICAL INDUSTRIES,
LOT 16632,
51/4 MILE, JALAN MERU,
41050 KELANG,
MALAYSIA;
NATIONAL PAINTS FACTORIES CO .,
PO BOX 5822
SHARJAH,
UNITED ARAB EMIRATES;
NEO-SHINE VARNISHES,
VEERA LAND DEVELOPMENT CORP .,
OFF . VEERA DESAI ROAD,
ANDHERI WEST,
BOMBAY,
INDIA .
DONE AT BRUSSELS, 2 DECEMBER 1988 . | [
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Commission Regulation (EC) No 1119/2001
of 7 June 2001
applying a special intervention measure for maize and sorghum at the end of the 2000/01 marketing year
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals(1), as last amended by Regulation (EC) No 1666/2000(2), and in particular Article 6 thereof,
Whereas:
(1) The intervention period for maize and sorghum ends on 30 April in the south and 31 may in the north. In view of the uncertainty as regards outlets, this is likely to induce operators to offer substantial quantities of maize and sorghum for intervention at the end of May in the north, although certain market outlets may be found after the end of the intervention period. This situation may be remedied by allowing those cereals to be bought in until 15 August 2001.
(2) The conditions governing the buying-in of cereals are laid down in Commission Regulation (EC) No 824/2000 of 19 June 2000 fixing the procedure and conditions for the take-over of cereals by intervention agencies(3).
(3) 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. In accordance with Article 6 of Regulation (EEC) No 1766/92, the intervention agencies of Member States other than Greece, Spain, Italy and Portugal shall buy in quantities of maize and sorghum offered to them from 1 July to 15 August 2001.
2. The price to be paid shall be the intervention price applicable for May 2001.
3. Buying-in shall be carried out by the intervention agency in accordance with Regulation (EC) No 824/2000.
Notwithstanding the third subparagraph of Article 4(3) of Regulation (EC) No 824/2000 the last delivery of quantities offered for intervention must take place by 31 August 2001 at the latest.
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, 7 June 2001. | [
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COMMISSION REGULATION (EC) No 98/2005
of 20 January 2005
concerning tenders notified in response to the invitation to tender for the import of sorghum issued in Regulation (EC) No 2275/2004
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003, on the common organisation of the market in cereals (1), and in particular Article 12(1) thereof,
Whereas:
(1)
An invitation to tender for the maximum reduction from third countries in the duty on sorghum imported into Spain was opened pursuant to Commission Regulation (EC) No 2275/2004 (2).
(2)
Article 7 of Commission Regulation (EC) No 1839/95 (3), allows the Commission to decide, in accordance with the procedure laid down in Article 25 of Regulation (EC) No 1784/2003 and on the basis of the tenders notified to make no award.
(3)
On the basis of the criteria laid down in Articles 6 and 7 of Regulation (EC) No 1839/95 a maximum reduction in the duty should not be fixed.
(4)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
No action shall be taken on the tenders notified from 14 to 20 January 2005 in response to the invitation to tender for the reduction in the duty on imported sorghum issued in Regulation (EC) No 2275/2004.
Article 2
This Regulation shall enter into force on 21 January 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 January 2005. | [
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*****
COUNCIL REGULATION (EEC) No 3463/87
of 17 November 1987
laying down general rules for imports of olive oil originating in Tunisia
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas Article 4 of the Additional Protocol to the Cooperation Agreement between the European Economic Community and the Republic of Tunisia (1), signed on 26 May 1987, provides that for each marketing year during the period between the date of entry into force of this Protocol and 31 December 1990, within the limit of a quantity of 46 000 tonnes per marketing year, a special levy should be charged on untreated olive oil falling within subheadings 15.07 A I a) or b) of the Common Customs Tariff wholly obtained in Tunisia and transported direct from that country to the Community;
Whereas, in the light of the present situation and outlook as regards supplies of olive oil on the Community market, that quantity can be disposed of without any risk of market disruption, provided that imports are not concentrated within a limited period each year; whereas it is advisable to provide that import licences should be issued at a monthly rate to be determined, without this situation being able to jeopardize the offer made by the Community to Tunisia to export the abovementioned quantity of olive oil to the Community;
Whereas, in order to ensure that the quota system is applied correctly, the Commission should be responsible for its administration;
Whereas, by virtue of Articles 97 and 295 of the Act of Accession of Spain and Portugal, preferential, contractual or autonomous arrangements applied by the Community with regard to third countries in the olive oil sector do not apply to Spain or Portugal; whereas measures should therefore be provided for to prevent olive oil originating in Tunisia from being released for consumption in Spain or Portugal after qualifying for a reduced levy; whereas those measures should be specified in the detailed rules for the application of this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
Untreated olive oil falling within subheadings 15.07 A I a) and b) of the Common Customs Tariff, wholly obtained in Tunisia and transported direct from that country to the Community as constituted on 31 December 1985, which qualifies for the special levy referred to in Article 4 of the Additional Protocol to the Cooperation Agreement between the European Economic Community and the Republic of Tunisia, shall be imported at a rate to be determined.
Article 2
The Commission shall be responsible for the administration of the imports. It shall authorize Member States to issue import licences, on the basis of the timetable laid down, up to a maximum quantity of 46 000 tonnes per marketing year.
Article 3
The detailed rules for the application of this Regulation, in particular those designed to prevent any deflection of trade, shall be adopted in acordance with the procedure provided for in Article 38 of Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common organization of the market in oils and fats (2), as last amended by Regulation (EEC) No 1915/87 (3).
Article 4
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, 17 November 1987. | [
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COMMISSION REGULATION (EC) No 2011/96 of 21 October 1996 fixing the intervention price of olive oil for the 1996/97 marketing year at a reduced level to take account of the overrun of the maximum guaranteed quantity during the 1994/95 and 1995/96 marketing years
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 organization of the market in oils and fats (1), as last amended by Regulation (EC) No 1581/96 (2), and in particular Article 4a thereof,
Whereas Council Regulation (EC) No 1583/96 (3) fixes, for the 1996/97 marketing year, the intervention price for olive oil;
Whereas Article 4a of Regulation No 136/66/EEC extends the system of maximum guaranteed quantities to the intervention price for olive oil; whereas, for the 1994/95 marketing year, for which the maximum guaranteed quantity was fixed at 1 350 000 tonnes, the estimated production of olive oil was fixed at 1 408 023 tonnes, while final production for the same marketing year was established as 1 463 228 tonnes; whereas, pursuant to the second indent of the abovementioned Article 4a, the intervention price for the 1996/97 marketing year should be reduced in proportion to the difference between the extents to which the final and estimated production in the 1994/95 marketing year exceeded the abovementioned maximum guaranteed quantity;
Whereas, for the 1995/96 marketing year, for which the maximum guaranteed quantity is fixed at 1 350 000 tonnes, estimated olive oil production is fixed at 1 417 200 tonnes; whereas, pursuant to the abovementioned Article 4a, the intervention price for the 1996/97 marketing year should be reduced in proportion to the extent that estimated production for the 1995/96 marketing year exceeds the abovementioned maximum guaranteed quantity;
Whereas, however, such reductions may not exeed 3 %;
Whereas the intervention price fixed for the 1996/97 marketing year by Regulation (EC) No 1583/96 must therefore be reduced by 3 %,
HAS ADOPTED THIS REGULATION:
Article 1
The intervention price for olive oil for the 1996/97 marketing year shall be ECU 180,58/100 kg.
Article 2
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Communities.
It shall apply from 1 November 1996.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 October 1996. | [
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Commission Regulation (EC) No 336/2002
of 22 February 2002
amending Regulation (EC) No 805/1999 laying down certain measures for implementing Council Regulation (EC) No 718/1999 on a Community-fleet capacity policy to promote inland waterway transport
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 718/1999 of 29 March 1999 on a Community-fleet capacity policy to promote inland waterway transport(1), and in particular Article 9(3) thereof,
Whereas:
(1) Article 7 of Regulation (EC) No 718/1999 requires the Commission to lay down detailed rules for implementing the Community-fleet capacity policy as defined by that Regulation.
(2) Article 4 of Commission Regulation (EC) No 805/1999(2), as last amended by Regulation (EC) No 997/2001(3), laying down certain measures for implementing Regulation (EC) No 718/1999, set ratios for the "old-for-new" rule to apply from 29 April 1999.
(3) Article 4(2) of Regulation (EC) No 718/1999 requires the "old-for-new" ratio to be constantly reduced to bring it as quickly as possible and in regular stages to zero no later than 29 April 2003.
(4) Article 1 of Commission Regulation (EC) No 1532/2000(4) amending Regulation (EC) No 805/1999 reduced the "old-for-new" ratios as from the 20th day following their publication, i.e. as from 3 August 2000. They were again reduced by Article 1 of Regulation (EC) No 997/2001, as from the 20th day following their publication, i.e. as from 18 June 2001.
(5) In view of the obligation to reduce the ratios to zero no later than 29 April 2003 and the economic trend in the various sectors of the inland waterways transport market the "old-for-new" ratios should again be reduced.
(6) It is therefore necessary to adjust the various "old-for-new" ratios mentioned in Article 4 of Regulation (EC) No 718/1999 and set by Article 4 of Regulation (EC) No 805/1999, as amended by Article 1 of Regulation (EC) No 997/2001, though without undoing the achievements of the structural improvement carried out since 1990. To take into consideration a slight general increase in demand in the inland waterway transport sector while maintaining the balance between the three sectors, and taking account of their specific features, the ratios should be halved to 0,30:1 for dry cargo carriers, 0,45:1 for tanker vessels, and 0,125:1 for pusher craft.
(7) The Group of Experts on Community Fleets Capacity and Promotion Policy set up by Article 6 of Regulation (EC) No 805/1999 has been consulted about the measures laid down in this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 805/1999 is hereby amended as follows:
1. in Article 4(1), the ratio "0,60:1" is replaced by "0,30:1";
2. in Article 4(2), the ratio "0,90:1" is replaced by "0,45:1";
3. in Article 4(3), the ratio "0,25:1" is replaced by "0,125:1".
Article 2
This Regulation shall enter into force on the 20th 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 February 2002. | [
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COUNCIL REGULATION (EC) No 1459/1999
of 24 June 1999
amending Regulation (EC) No 850/98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 37 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:
(1) Article 47(1) of Council Regulation (EC) No 850/98 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms(4) states that at the latest one year after the date of entry into force of that Regulation, the Council is to decide, on the basis of a proposal from the Commission, on the establishment of rules for the use of mesh size combinations to be applied on the date of application of that Regulation;
(2) to ensure effective control, monitoring and enforcement of these rules for the use of mesh size combinations and of fishing voyages that cover more than one region or geographical area, mandatory use of the logbook should be extended to include fishing vessels that have hitherto been exempt from this obligation;
(3) therefore, Articles 4 and 15 of Regulation (EC) No 850/98 should be revised;
(4) Regulation (EC) No 850/98 should be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 850/98 is hereby amended as follows:
(1) Article 4 shall be replaced by the following: "Article 4
1. For each of the regions or geographical areas mentioned in Annexes I to V, and depending where applicable on the time period, the target species for each range of mesh size are as defined in the relevant Annex.
2. (a) The use, during any fishing voyage, of any combination of towed nets of more than one range of mesh size shall be prohibited,
- within the totality of Regions l and 2 except Skagerrak and Kattegat, and depending where applicable on the time period, unless the mesh sizes of such nets used are in compliance with no more than one of the permitted combinations of mesh size ranges laid down in Annex VIII, and
- within Region 3 except ICES Division IXa east of longitude 7° 23' 48" W unless the mesh sizes of such nets used are in compliance with no more than one of the permitted combinations of mesh size ranges laid down in Annex IX.
(b) Within each of the regions or geographical areas mentioned in Annexes III, IV, and V, and depending, where applicable, on the time period, the use, during any fishing voyage, of any combination of towed nets of the mesh size ranges specified in the relevant Annex shall be allowed.
(c) Masters of fishing vessels who during any fishing voyage do not complete a logbook in accordance with the provisions of Article 6 of Regulation (EEC) No 2847/93 shall not use during that voyage any combination of towed nets of more than one range of mesh size within Community fishing waters. This requirement shall not apply to fishing voyages within Community fishing waters in Regions 4, 5 and 6.
(d) Vessels may carry on board during any fishing voyage any combination of towed nets of mesh size ranges which do not comply with the conditions laid down in subparagraphs (a) or (b), provided that all such nets are lashed and stowed in accordance with the provisions of Article 20(1) of Regulation (EEC) No 2847/93. Any towed net which is not lashed and stowed in accordance with the aforementioned provisions shall be considered to be in use.
(e) Whenever more than one net is towed simultaneously by a fishing vessel or by more than one fishing vessel, each net shall be of the same mesh size range.
(f) The use of any towed net of mesh size:
- less than 16 mm shall be prohibited in Region 3 except ICES Division IXa east of longitude 7° 23' 48" W,
- less than 40 mm shall be prohibited in ICES Division IXa east of longitude 7° 23' 48" W,
- less than 20 mm shall be prohibited in Regions 4 and 5,
- less than 45 mm shall be prohibited in Region 6.
3. Masters of fishing vessels who do not complete a logbook in accordance with the provisions of Article 6 of Regulation (EEC) No 2847/93 shall not, during any fishing voyage, fish in more than one of the regions or geographical areas mentioned in Annexes I to V. This requirement shall not apply to vessels which, during any fishing voyage, use only towed nets of mesh size equal to or greater than 100 mm.
4. (a) For each fishing voyage during which any combination of towed nets of more than one range of mesh size is used, landings shall be prohibited whenever:
(i) the catches are taken in Regions 1 or 2 except for the Skagerrak and Kattegat and any one of the nets used is of mesh size equal to or greater than 100 mm , unless the percentage composition of the catches retained on board is in compliance with the relevant conditions laid down in Annex X(A); or
(ii) the catches are taken in the Skagerrak and Kattegat and any one of the nets used is of mesh size equal to or greater than 90 mm, unless the percentage composition of the catches retained on board is in compliance with the relevant conditions laid down in Annex X(B); or
(iii) the catches are taken in Region 3 except for ICES Division IXa east of 7° 23' 48" W and any one of the nets used is of mesh size equal to or greater than 70 mm, unless the percentage composition of the catches retained on board is in compliance with the relevant conditions laid down in Annex XI(A); or
(iv) the catches are taken in ICES Division IXa east of 7° 23' 48" W and any one of the nets used is of mesh size equal to or greater than 55 mm, unless the percentage composition of the catches retained on board is in compliance with the relevant conditions laid down in Annex XI(B);
(b) Otherwise, the percentage composition of catches taken by each range of mesh size used, within each of the areas mentioned in Annexes I to V, and retained on board shall be in accordance with the corresponding conditions laid down in the relevant Annex.
5. (a) The percentage of target species and of other species shall be obtained by aggregating all quantities retained on board, or transshipped, of target species and other species as set out in Annexes I to V.
(b) However, detailed rules for obtaining the percentage of target species and of other species retained on board when these have been taken by a net or nets towed simultaneously by more than one fishing vessel, shall be drawn up in accordance with the procedure laid down in Article 48.
6. Before 31 May 2001, Member States will report to the Commission on the application of the conditions laid down in this Article, Article 15 and relevant Annexes. On the basis of these reports, the Commission shall submit appropriate proposals. The Council shall decide, on the basis of any such proposal, before 31 October 2001."
(2) Article 15 shall be replaced by the following text: "Article 15
1. Quantities of marine organisms caught in excess of permitted percentages specified in Annexes I to VII, X and XI may not be landed but shall be returned to the sea prior to each landing.
2. At all times during a fishing voyage, and following sorting of the catch, the percentage of target species as defined in Annexes I to VIl retained on board shall be at least half of the minimum percentages of the target species referred to in the said Annexes.
3. Masters of fishing vessels who are required to complete a logbook shall ensure that after the first 24 hours of a fishing voyage has expired, the minimum percentage of target species as set out in Annexes I to VII, X and XI shall be met at the time of each completion of the logbook, in accordance with conditions laid out in Article 6 of Regulation (EEC) No 2847/93.
4. Whenever, during a fishing voyage, a vessel newly enters any of the regions or geographical areas mentioned in Annexes I to V, the minimum percentage of target species, as set out in Annexes I to VII, X and XI, caught and retained on board from the region or geographical area previously fished during this voyage shall be met within two hours."
(3) Annex X shall be replaced by the following:
"ANNEX X
A. CONDITIONS FOR USE OF CERTAIN COMBINATIONS OF MESH SIZE IN REGIONS 1 AND 2, EXCEPT SKAGERRAK AND KATTEGAT
1. Mesh size combination: 16 to 31 mm + > = 100 mm
The catch retained on board or landed shall consist of at least 50 % of any mixture of shrimps and common prawns (Pandalus montagui, Crangon spp. and Palaemon spp.).
2. Mesh size combination: 32 to 54 mm + > = 100 mm
The catch retained on board or landed shall consist of at least 20 % of any mixture of shrimps and prawns (Crangon spp., Pandalus spp., Palaemon spp., Parapenaeus longirostris);
or
the catch retained on board or landed shall consist of at least 50 % of any mixture of those marine organisms indicated in Annex I as the target species for mesh sizes between 32 and 54 mm, with the exception of shrimps and prawns (Crangon spp., Pandalus spp., Palaemon spp., Parapenaeus longirostris) and of no more than 15 % of any mixture of the species marked in Annex I with the symbol "y".
3. Mesh size combination: 70 to 79 mm + > = 100 mm
The catch retained on board or landed shall consist of at least 10 % of any mixture of those marine organisms indicated in Annex I as the target species for mesh sizes between 70 and 79 mm.
4. Mesh size combination: 80 to 99 mm + > = 100 mm
The catch retained on board or landed shall consist of at least 50 % of any mixture of those marine organisms indicated in Annex I as the target species for mesh sizes between 80 and 99 mm.
B. CONDITIONS FOR USE OF CERTAIN COMBINATIONS OF MESH SIZE IN SKAGERRAK AND KATTEGAT
Mesh size combination < = 89 mm + > = 90 mm
The catch retained on board or landed shall consist of at least 10 % of any mixture of those marine organisms indicated in Annex IV as the target species for mesh sizes between 70 and 89 mm."
4. Annex XI shall be replaced by the following:
"ANNEX XI
A. CONDITIONS FOR USE OF CERTAIN COMBINATIONS OF MESH SIZE IN REGION 3, EXCEPT ICES DIVISION IXa EAST OF LONGITUDE 7° 23' 48" W
1. Mesh size combination: 16 to 31 mm + > = 70 mm
The catch retained on board or landed shall consist of at least 40 % of any mixture of shrimps (Pandalus montagui, Crangon spp. and Palaemon spp.) and swimming crab;
or
The catch retained on board or landed shall consist of at least 70 % of any mixture of those marine organisms indicated in Annex II as the target species for mesh sizes between 16 and 31 mm, with the exception of shrimps (Pandalus montagui, Crangon spp. and Palaemon spp.) and swimming crab.
2. Mesh size combination: 32 to 54 mm + > = 70 mm
The catch retained on board or landed shall consist of at least 70 % of any mixture of those marine organisms indicated in Annex II as the target species for mesh sizes between 32 and 54 mm, with the exception of shrimps and prawns (Pandalus spp., Crangon spp. and Palaermon spp.).
3. Mesh size combination: 55-59 mm + > = 70 mm
The catch retained on board or landed shall consist of at least 20 % of any mixture of shrimps and prawns (Pandalus spp., Crangon spp., Palaemon spp., Aristeus antennatus, Aristaeomorpha foliacea, Parapenaeus longirostris);
or
The catch retained on board or landed shall consist of at least 60 % of any mixture of those marine organisms indicated in Annex II as the target species for mesh sizes between 55 and 59 mm , with the exception of shrimps and prawns (Pandalus spp., Crangon spp., Palaemon spp., Aristeus antennatus, Aristaeomorpha foliacea, Parapenaeus longirostris).
4. Mesh size combination: 60 to 69 mm + > = 70 mm
The catch retained on board or landed shall consist of at least 60 % of any mixture of those marine organisms indicated in Annex II as the target species for mesh sizes between 60 and 69 mm.
B. CONDITIONS FOR USE OF CERTAIN COMBINATIONS OF MESH SIZE IN ICES DIVISION IXa EAST OF LONGITUDE 7° 23' 48" W
Mesh size combination 40-54mm + > = 55 mm
The catch retained on board or landed shall consist of at least 50 % of any mixture of those marine organisms indicated in Annex III as the target species for mesh sizes between 40 and 54 mm."
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 from 1 January 2000.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 24 June 1999. | [
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COMMISSION REGULATION (EC) No 1186/2006
of 3 August 2006
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables (1), and in particular Article 4(1) thereof,
Whereas:
(1)
Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.
(2)
In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 4 August 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 August 2006. | [
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+++++
( 1 ) OJ NO L 303 , 28 . 11 . 1977 , P . 23 .
COMMISSION DIRECTIVE OF 5 OCTOBER 1981 ADAPTING TO TECHNICAL PROGRESS COUNCIL DIRECTIVE 77/728/EEC ON THE APPROXIMATION OF THE LAWS , REGULATIONS AND ADMINISTRATIVE PROVISIONS OF THE MEMBER STATES RELATING TO THE CLASSIFICATION , PACKAGING AND LABELLING OF PAINTS , VARNISHES , PRINTING INKS , ADHESIVES AND SIMILAR PRODUCTS ( 81/916/EEC )
THE COMMISSION OF THE EUROPEAN COMMUNITIES ,
HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,
HAVING REGARD TO COUNCIL DIRECTIVE 77/728/EEC OF 7 NOVEMBER 1977 ON THE APPROXIMATION OF THE LAWS , REGULATIONS AND ADMINISTRATIVE PROVISIONS OF THE MEMBER STATES RELATING TO THE CLASSIFICATION , PACKAGING AND LABELLING OF PAINTS , VARNISHES , PRINTING INKS , ADHESIVES AND SIMILAR PRODUCTS ( 1 ) , AND IN PARTICULAR ARTICLE 11 THEREOF ,
WHEREAS ANNEX I TO DIRECTIVE 77/728/EEC CONTAINS A LIST OF DANGEROUS SUBSTANCES GIVING FOR EACH OF THESE SUBSTANCES CONCENTRATION LIMITS WHICH GOVERN THE CLASSIFICATION OF THE PREPARATIONS CONCERNED ;
WHEREAS EXAMINATION OF THE LIST OF DANGEROUS SUBSTANCES HAS SHOWN THAT THIS LIST NEEDS TO BE ADAPTED IN THE LIGHT OF THE LATEST SCIENTIFIC AND TECHNICAL KNOWLEDGE OR , MORE PRECISELY , THAT IT IS NECESSARY TO CHANGE THE CONCENTRATION LIMITS FOR SOME SUBSTANCES AND TO INCLUDE OTHER SUBSTANCES ON THE LIST ;
WHEREAS ANNEX II TO DIRECTIVE 77/728/EEC CONTAINS SPECIAL PROVISIONS CONCERNING THE LABELLING OF CERTAIN PREPARATIONS ; WHEREAS SOME RISKS HAVE NOW BEEN MORE PRECISELY SPECIFIED ; WHEREAS SOME OF THE SAFETY ADVICE PHRASES SHOULD BE MORE CLEARLY EXPRESSED ; WHEREAS , IN THE CIRCUMSTANCES , ANNEX II SHOULD BE AMENDED ;
WHEREAS THE MEASURES PROVIDED FOR IN THIS DIRECTIVE ARE IN ACCORDANCE WITH THE OPINION OF THE COMMITTEE FOR THE ADAPTATION TO TECHNICAL PROGRESS OF THE DIRECTIVES ON THE REMOVAL OF TECHNICAL BARRIERS TO TRADE IN DANGEROUS SUBSTANCES AND PREPARATIONS ,
HAS ADOPTED THIS DIRECTIVE ,
ARTICLE 1
ANNEXES I AND II TO DIRECTIVE 77/728/EEC ARE HEREBY REPLACED BY THE ANNEXES TO THIS DIRECTIVE .
ARTICLE 2
THE MEMBER STATES SHALL ADOPT AND PUBLISH BEFORE 1 JULY 1983 THE PROVISIONS NECESSARY TO COMPLY WITH THIS DIRECTIVE AND SHALL FORTHWITH INFORM THE COMMISSION THEREOF . THEY SHALL APPLY SUCH PROVISIONS WITH EFFECT FROM 1 JULY 1983 AT THE LATEST .
ARTICLE 3
THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .
DONE AT BRUSSELS , 5 OCTOBER 1981 . | [
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COMMISSION REGULATION (EC) No 415/2007
of 13 March 2007
concerning the technical specifications for vessel tracking and tracing systems referred to in Article 5 of Directive 2005/44/EC of the European Parliament and of the Council on harmonised river information services (RIS) on inland waterways in the Community
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Directive 2005/44/EC of the European Parliament and of the Council of 7 September 2005 on harmonised river information services (RIS) on inland waterways in the Community (1), and in particular Article 5 thereof,
Whereas:
(1)
In accordance with Article 1(2) of Directive 2005/44/EC, RIS shall be developed and implemented in a harmonised, interoperable and open way.
(2)
In accordance with Article 5 of Directive 2005/44/EC, technical specifications for vessel tracking and tracing systems shall be defined.
(3)
The technical specifications for vessel tracking and tracing systems shall be based on technical principles set out in Annex II to the Directive.
(4)
In accordance with Article 1(2) of the Directive, the technical specifications shall take due account of the work carried out by international organisations. Continuity shall be ensured with other modal traffic management services, in particular maritime vessel traffic management and information services.
(5)
They shall take further due account of the work carried out by the expert group on vessel tacking and tracing which is composed of representatives of the competent authorities for the implementation of vessel tracking and tracing systems, and official members from other governmental bodies and observers from the industry.
(6)
The technical specifications, which are the subject of this Regulation, correspond to the current state of the art. Experiences gained from the application of Directive 2005/44/EC as well as future technical progress may make it necessary to amend the technical specifications in accordance with Article 5(2) of Directive 2005/44/EC. Amendments to the technical specifications shall take due account of the work carried out by the expert group on vessel tracking and tracing.
(7)
The draft technical specifications have been examined by the Committee referred to in Article 11 of Directive 2005/44/EC.
(8)
The measures provided for in this Regulation are in accordance with the opinion of the Committee referred to in Article 11 of Directive 2005/44/EC,
HAS ADOPTED THIS REGUALTION:
Article 1
This Regulation defines the technical specifications for vessel tracking and tracing systems in inland waterway transport. The technical specifications 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, 13 March 2007. | [
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COMMISSION REGULATION (EC) No 246/2008
of 17 March 2008
amending Regulation (EC) No 1043/2005 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
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3448/93 of 6 December 1993 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products (1), and in particular the first subparagraph of Article 8(3) thereof,
Whereas:
(1)
The first paragraph of Article 14 of Commission Regulation (EC) No 1043/2005 (2) makes a detailed reference to the frequency of fixing the refund rates for basic products of Regulations mentioned in Article 1(1) exported in the form of non-Annex I goods.
(2)
The refunds may, in accordance with the Regulations mentioned in Article 1(1) of Regulation (EC) No 1043/2005, be granted when the internal and external market conditions justify so. Where the market situation does not justify the granting of refunds the periodical fixing may be suspended.
(3)
The second subparagraph of Article 8(3) of Regulation (EC) No 3448/93 makes reference to the same procedure for the granting of refunds on the agricultural products concerned when they are exported in unprocessed state.
(4)
For reasons of simplification and harmonisation it is appropriate to adapt Article 14 of Regulation (EC) No 1043/2005.
(5)
Regulation (EC) No 1043/2005 should therefore be amended accordingly.
(6)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee on horizontal questions concerning trade in processed agricultural products not listed in Annex I,
HAS ADOPTED THIS REGULATION:
Article 1
Article 14 of Regulation (EC) No 1043/2005 is replaced by the following:
‘Article 14
The fixing of the rate of refund, as provided for in Article 13(3) of Regulation (EC) No 1784/2003 and the corresponding provisions of the other Regulations referred to in Article 1(1) of this Regulation, shall be effected each month per 100 kg of basic products.
By way of derogation from the first paragraph:
(a)
for basic products listed in Annex I to this Regulation, the refund may be fixed according to another timetable determined in accordance with the procedure referred to in Article 16(2) of Regulation (EC) No 3448/93;
(b)
the rate of the refund on poultry eggs in shell, fresh or preserved, and eggs not in shell and egg yolks, suitable for human consumption, fresh, dried or otherwise preserved, not sweetened, shall be fixed for the same period as that for the refunds on those products exported unprocessed.’
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.
Done at Brussels, 17 March 2008. | [
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Commission Regulation (EC) No 55/2002
of 11 January 2002
fixing the maximum export refund on wholly milled round grain, medium grain and long grain A rice to be exported to certain third countries in connection with the invitation to tender issued in Regulation (EC) No 2009/2001
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 13(3) thereof,
Whereas:
(1) An invitation to tender for the export refund on rice was issued pursuant to Commission Regulation (EC) No 2009/2001(3).
(2) Article 5 of Commission Regulation (EEC) No 584/75(4), as last amended by Regulation (EC) No 299/95(5), allows the Commission to fix, in accordance with the procedure laid down in Article 22 of Regulation (EC) No 3072/95 and on the basis of the tenders submitted, a maximum export refund. In fixing this maximum, the criteria provided for in Article 13 of Regulation (EC) No 3072/95 must be taken into account. A contract is awarded to any tenderer whose tender is equal to or less than the maximum export refund.
(3) The application of the abovementioned criteria to the current market situation for the rice in question results in the maximum export refund being fixed at the amount specified in Article 1.
(4) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
The maximum export refund on wholly milled grain, medium grain and long grain A rice to be exported to certain third countries pursuant to the invitation to tender issued in Regulation (EC) No 2009/2001 is hereby fixed on the basis of the tenders submitted from 4 to 10 January 2002 at 207,00 EUR/t.
Article 2
This Regulation shall enter into force on 12 January 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 January 2002. | [
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Commission Regulation (EC) No 1724/2002
of 27 September 2002
determining the extent to which applications lodged in September 2002 for import licences under the regime provided for by tariff quotas for certain products in the pigmeat sector for the period 1 October to 31 December 2002 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 1486/95 of 28 June 1995 opening and providing for the administration of tariff quotas for certain products in the pigmeat sector(1), as last amended by Regulation (EC) No 1006/2001(2), and in particular Article 5(5) thereof,
Whereas:
(1) The applications for import licences lodged for the fourth quarter of 2002 are for quantities less than 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,
HAS ADOPTED THIS REGULATION:
Article 1
1. Applications for import licences for the period 1 October to 31 December 2002 submitted pursuant to Regulation (EC) No 1486/95 shall be met as referred to in Annex I.
2. For the period 1 January to 31 March 2003, applications may be lodged pursuant to Regulation (EC) No 1486/95 for import licences for a total quantity as referred to in Annex II.
Article 2
This Regulation shall enter into force on 1 October 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 September 2002. | [
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COMMISSION DECISION of 21 December 1994 approving the programme for the eradication and surveillance of brucella melitensis for 1995 presented by Italy and fixing the level of the Community's financial contribution (Only the Italian text is authentic) (94/874/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to the Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (1), as last amended by Decision 94/370/EC (2), and in particular Article 24 thereof,
Whereas Decision 90/424/EEC provides for the possibility of financial participation by the Community in the eradication and surveillance of brucella melitensis;
Whereas by letter dated 29 July 1994, Italy has submitted a programme for the eradication of brucella melitensis;
Whereas after examination of the programme it was found to comply with all Community criteria relating to the eradication of the disease in conformity with Council Decision 90/638/EEC on laying down Community criteria for the eradication and monitoring of certain animal diseases (3), as last amended by Council Directive 92/65/EEC (4);
Whereas this programme appears on the priority list of programmes for the eradication and surveillance of animal diseases which can benefit from financial participation from the Community and which was established by Commission Decision 94/769/EC (5);
Whereas in the light of the importance of the programme for the achievement of Community objectives in the field of animal health, it is appropriate to fix the financial participation of the Community at 50 % of the costs incurred by Italy up to a maximum of ECU 1 550 000;
Whereas a financial contribution from the Community shall be granted in so far as the actions provided for are carried out and provided that the authorities furnish all the necessary information within the time limits provided for;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
The programme for the eradication of brucella melitensis presented by Italy is hereby approved for the period from 1 January to 31 December 1995.
Article 2
Italy shall bring into force by 1 January 1995 the laws, regulations and administrative provisions for implementing the programme referred to in Article 1.
Article 3
1. Financial participation by the Community shall be at the rate of 50 % of the costs incurred in Italy by way of compensation to owners for the slaughter of animals up to a maximum of ECU 1 550 000.
2. The financial contribution of the Community shall be granted subject to:
- forwarding a report to the Commission every three months on the progress of the programme and the costs incurred,
- forwarding a final report on the technical execution of the programme accompanied by justifying evidence as to the costs incurred by 1 June 1996 at the latest.
Article 4
This Decision is addressed to the Italian Republic.
Done at Brussels, 21 December 1994. | [
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COMMISSION REGULATION (EC) No 1306/94 of 6 June 1994 concerning the stopping of fishing for salmon by vessels flying the flag of a Member State
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (1), and in particular Article 21 (3) thereof,
Whereas Council Regulation (EC) No 3689/93 of 20 December 1993 allocating, for 1994, catch quotas between Member States for vessels fishing in Lithuanian waters (2), provides for salmon quotas for 1994;
Whereas, in order to ensure compliance with the provisions relating to the quantitative limitations on catches of stocks subject to quotas, it is necessary for the Commission to fix the date by which catches made by vessels flying the flag of a Member State are deemed to have exhausted the quota allocated;
Whereas, according to the information communicated to the Commission, catches of salmon in the waters of ICES division III d (Lithuanian waters) by vessels flying the flag of a Member State or registered in a Member State have reached the quota allocated for 1994,
HAS ADOPTED THIS REGULATION:
Article 1
Catches of salmon in the waters of ICES division III d (Lithuanian waters) by vessels flying the flag of a Member State or registered in a Member State are deemed to have exhausted the quota allocated to the Community for 1994.
Fishing for salmon in the waters of ICES division III d (Lithuanian waters) by vessels flying the flag of a Member State or registered in a Member State is prohibited, as well as the retention on board, the transhipment and the landing of such stock captured by the abovementioned vessels after the date of entry into force of this Regulation.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 6 June 1994. | [
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COMMISSION DECISION of 10 February 1994 amending Decision 92/588/EEC on a multiannual guidance programme for the fishing fleet of France for the period 1993 to 1996 pursuant to Council Regulation (EEC) No 4028/86 (Only the French text is authentic) (94/137/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 4028/86, of 18 December 1986 on Community measures to improve and adapt structures in the fisheries and aquaculture sector (1), last modified by Regulation (EEC) No 3946/92 (2), and in particular Articles 4 and 5 (2) thereof,
Whereas in accordance with Commission Decision 92/588/EEC (3), France has forwarded data on the situation of the fishing fleet of the Overseas Departments, whereas it is appropriate to complete the Annex to Decision 92/588/EEC with the situation and objectives for this segment of the fleet;
Whereas the measures envisaged in the present Decision are in accordance with the opinion of the Standing Committee for the Fishing Industry,
HAS ADOPTED THIS DECISION:
Article 1
The table of objectives for the multiannual guidance programmes for the French fleet for the period 1993 to 1996, shown in the Annex to the present Decision, including the footnotes, cancels and replaces that shown in the Annex to Decision 92/588/EEC.
Article 2
This Decision is addressed to the French Republic.
Done at Brussels, 10 February 1994. | [
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*****
COMMISSION REGULATION (EEC) No 3518/86
of 19 November 1986
on specific surveillance measures applicable to imports of orange juice
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 426/86 of 24 February 1986 on the common organization of the market in products processed from fruit and vegetables (1), as last amended by Regulation (EEC) No 1838/86 (2), and in particular Article 18 (2) thereof,
Whereas the conditions under which orange juice is marketed are affected by competition from third countries offering prices which are substantially lower than those applied in the Community; whereas the constant fall in the prices of imported products has been accompanied by a substantial increase in the quantities imported;
Whereas, under those circumstances, the Community market is exposed to serious disturbances which might endanger the objectives set out in Article 39 of the Treaty;
Whereas measures should be taken to enable imports of orange juice from third countries to be kept under close surveillance; whereas, with a view to that objective, provision should be made for release for free circulation of the product in question to be made subject to the presentation of a licence and for licence applications to be accompanied by particulars regarding the product to be imported; whereas those particulars should be checked against the contracts between importers and suppliers;
Whereas with a view to enabling supplementary measures to be adopted by the Commission if the market situation so requires, provision should be made for a given period to elapse between applications and the actual issue of import licences;
Whereas the provisions of Commission Regulation (EEC) No 3183/80 of 3 December 1980 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (3), as last amended by Regulation (EEC) No 592/86 (4) should be applied,
HAS ADOPTED THIS REGULATION:
Article 1
All release for free circulation in the Community of orange juice falling within heading 20.07 of the Common Customs Tariff shall be subject to the presentation of an import licence issued by Member States to all applicants, wherever they are established in the Community.
Such licences shall be valid throughout the Community.
Article 2
1. Import licences shall be issued subject to the provision of a security of 2 ECU per 100 kg net. Securities shall be forfeit in full or in part if, during the term of validity of the licence, the products are not, or only in part, released for circulation.
2. The provisions of Regulation (EEC) No 3183/80 shall apply subject to the specific provisions of this Regulation.
3. Import licences shall be valid for three months from their date of issue.
Article 3
1. Application for import licences must be accompanied by:
- particulars as follows:
(i) the concentration of the product according to the Brix scale following the classification inthe Annex hereto;
(ii) the price of the product as stipulated in the contract;
(iii) the method of preservation;
(iv) the form of packaging.
Those particulars must be notified by means of a document in duplicate in accordance with the model in the Annex.
- the contract concluded between importers and suppliers.
2. The competent authorities shall indicate on the contracts the quantities in respect of which import licences are issued.
The quantities indicated shall be endorsed by the competent authority's stamp.
Article 4
1. Licence applications and import licences must indicate the country of origin of the product in Section 14. Import licences shall only be valid for products originating in the country indicated in Section 14.
2. Import licences shall be issued on the fifth working day following the day on which applications are lodged unless special measures have been taken in the interim.
Article 5
1. Member States shall notify the Commission of:
- the quantities of orange juice in respect of which applications for import licences have been lodged,
- the country of origin,
broken down in accordance with the nomenclature of the Common Customs Tariff. Such information shall be notified at the following intervals:
- each Wednesday for applications lodged on Mondays and Tuesdays,
- each Friday for applications lodged on Wednesdays and Thursdays,
- each Monday for applications lodged on the previous Friday.
If no applications for import licences have been lodged during one of the periods referred to in the first subparagraph, the Member State in question shall notify the Commission thereof by telex on the days indicated above.
2. Each Monday the Member States shall forward to the Commission the originals of the documents provided for in Article 3 (1), first indent.
Article 6
This Regulation shall enter into force on the eighth day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 November 1986. | [
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COUNCIL DECISION
of 21 June 2004
on the signing of the European Convention for the protection of animals during international transport
(2004/544/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 37, in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1)
The Commission has negotiated on behalf of the Community the European Convention for the protection of animals during international transport.
(2)
Subject to its possible conclusion at a later date, the European Convention for the protection of animals during international transport, which is open for signature since 5 November 2003, should be signed,
HAS DECIDED AS FOLLOWS:
Sole Article
Subject to possible conclusion at a later date, the President of the Council is hereby authorised to designate the person(s) empowered to sign, on behalf of the European Community (1), the European Convention for the protection of animals during international transport, attached to this Decision.
Done at Luxembourg, 21 June 2004. | [
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*****
COMMISSION DECISION
of 22 November 1988
adjusting the weightings applicable from 1 October 1988 to the remuneration of officials of the European Communities serving in non-member countries
(89/68/EEC, EURATOM, ECSC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing a Single Council and a Single Commission of the European Communities,
Having regard to the Staff Regulations of Officials of the European Communities laid down by Regulation (EEC, Euratom, ECSC) No 259/68 (1), as last amended by Regulation (ECSC, EEC, Euratom) No 2339/88 (2), and in particular the second paragraph of Article 13 of Annex X thereto,
Whereas, pursuant to the first paragraph of Article 13 of Annex X to the Staff Regulations, Council Regulation (ECSC, EEC, Euratom) No 3383/88 (3) laid down the weightings to be applied from 1 July 1988 to the remuneration of officials serving in non-member countries payable in the currency of their country of employment;
Whereas the Commission has made a number of adjustments to these weightings in recent months (4) pursuant to the second paragraph of Article 13 of Annex X to the Staff Regulations;
Whereas some of these weightings should be adjusted with effect from 1 October 1988 given that the statistics available to the Commission show that in certain non-member countries the variation in the cost of living measured on the basis of the weighting and the corresponding exchange rate has exceeded 5 % since weightings were last laid down or adjusted,
HAS DECIDED AS FOLLOWS:
Sole Article
With effect from 1 October 1988 the weightings applicable to the remuneration of officials serving in non-member countries payable in the currency of their country of employment are hereby adjusted as shown in the Annex.
The exchange rates for the payment of such remuneration shall be those used for implementation of the budget of the European Communities during the month preceding the date on which this Decision takes effect.
Done at Brussels, 22 November 1988. | [
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COUNCIL DECISION of 23 January 1995 appointing the members of the Economic and Social Committee (95/38/EC, Euratom)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Articles 193 to 195 thereof,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Articles 165 to 167 thereof,
Having regard to the Convention on certain institutions common to the European Communities and in particular Article 5 thereof,
Having regard to the Act concerning the conditions of accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded, and in particular Articles 23 and 159 thereof as they result from the Decision of the Council of the European Union of 1 January 1995 adjusting the instruments concerning the accession of the new Member States to the European Union, and in particular Articles 14 and 33 thereof,
Having regard to the nominations submitted by the Austrian and Finnish Governments on 1 January 1995 and by the Swedish Government on 19 January 1995,
Having obtained the opinion of the Commission of the European Communities,
HAS DECIDED AS FOLLOWS:
Sole Article
The persons whose names and titles appear in the Annex are hereby appointed members of the Economic and Social Committee for the period ending 20 September 1998.
Done at Brussels, 23 January 1995. | [
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COMMISSION DECISION of 29 July 1998 amending Council Decision 96/411/EC on improving Community agricultural statistics (notified under document number C(1998) 2135) (Text with EEA relevance) (98/514/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Decision 96/411/EC of 25 June 1996 on improving Community agricultural statistics (1), as amended by Decision 98/3/EC (2), and in particular Article 8 thereof,
Whereas preserving the quality of the rural environment is one of the objectives of rural development policy;
Whereas adequate instruments should be made available in order to provide reliable statistical information in this field;
Whereas to that end Decision 96/411/EC should be amended by the replacement of Annex II thereto;
Whereas the measures set out in this Decision are in accordance with the opinion delivered by the Standing Committee on Agricultural Statistics,
HAS ADOPTED THIS DECISION:
Article 1
Annex II of Decision 96/411/EC is replaced by the Annex to this Decision.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 29 July 1998. | [
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COUNCIL DECISION
of 4 December 2008
on the signing, on behalf of the European Community, of the Protocol on Integrated Coastal Zone Management in the Mediterranean to the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean
(2009/89/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 the first paragraph of Article 300(2), thereof,
Having regard to the proposal from the Commission,
Whereas:
(1)
The Convention for the Protection of the Mediterranean Sea against Pollution, which was subsequently renamed as the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean (hereinafter the Barcelona Convention) was concluded on behalf of the European Community by Council Decisions 77/585/EEC (1) and 1999/802/EC (2).
(2)
In accordance with Article 4.3(e) of the Barcelona Convention, the Contracting Parties shall commit themselves to promote the integrated management of the coastal zones, taking into account the protection of areas of ecological and landscape interest and the rational use of natural resources.
(3)
The Recommendation of the European Parliament and of the Council of 30 May 2002, concerning the implementation of Integrated Coastal Zone Management in Europe (3), and in particular Chapter V thereof, encourages the implementation by the Member States of integrated coastal zone management in the context of existing conventions with neighbouring countries, including non-Member States, in the same regional sea.
(4)
The Community promotes integrated management on a larger scale by means of horizontal instruments, including in the field of environmental protection. These activities therefore contribute to integrated coastal zone management.
(5)
Integrated Coastal Zone Management is one component of the EU Integrated Maritime Policy as endorsed by the European Council held in Lisbon on 13 and 14 December 2007.
(6)
By virtue of a Council Decision of 27 November 2006, the Commission participated on behalf of the Community, in consultation with the representatives of the Member States, in the negotiations organised by the Barcelona Convention with a view to preparing a Protocol on Integrated Coastal Zone Management in the Mediterranean (hereinafter the ICZM Protocol).
(7)
As a result of those negotiations, the text of the ICZM Protocol was adopted by the Conference of Plenipotentiaries on 20 January 2008 and it will be open for signature until 20 January 2009.
(8)
The Mediterranean coastal zones continue to experience high pressures on the environment and degradation of coastal resources. The ICZM Protocol provides a framework to stimulate a more concerted and integrated approach, involving public and private stakeholders including civil society and economic operators. Such an inclusive approach is required to address these problems more effectively and achieve a more sustainable development of the Mediterranean coastal zones.
(9)
The ICZM Protocol covers a broad range of provisions which will need to be implemented by different levels of administration taking the subsidiarity and proportionality principles into account. While it is appropriate for the Community to act in support of integrated coastal zone management, bearing in mind, inter alia, the cross-border nature of most environmental problems, the Member States and their relevant competent authorities will be responsible for the design and implementation on the coastal territory of certain detailed measures laid down in the ICZM Protocol, such as the establishment of zones where construction is not allowed.
(10)
It is appropriate that the ICZM Protocol be signed, on behalf of the Community, subject to its subsequent conclusion at a later date,
HAS DECIDED AS FOLLOWS:
Article 1
The signing of the Protocol on Integrated Coastal Zone Management in the Mediterranean to the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean is hereby approved on behalf of the European Community, subject to its subsequent conclusion at a later date.
The text of the ICZM Protocol is attached to this Decision (4).
Article 2
The President of the Council is hereby authorised to designate the person(s) empowered to sign the ICZM Protocol on behalf of the Community.
Done at Brussels, 4 December 2008. | [
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Commission Decision
of 15 November 2002
amending Decision 2001/783/EC as regards the protection and surveillance zones in relation to bluetongue in Italy
(notified under document number C(2002) 4415)
(Text with EEA relevance)
(2002/906/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 2000/75/EC of 20 November 2000 laying down specific provisions for the control and eradication of bluetongue(1), and in particular Article 8(3) thereof,
Whereas:
(1) In the light of the evolution of the bluetongue situation in four Member States in 2001, Commission Decision 2001/783/EC of 9 November 2001 on protection and surveillance zones in relation to bluetongue and on rules applicable to movements of animals in and from those zones(2), as last amended by Decision 2002/543/EC(3), was adopted.
(2) It is clear from the results of the epidemiological survey carried out by the Italian authorities that bluetongue virus has spread to new regions or reappeared in regions formerly infected. Italy has requested the inclusion of those regions in Annex I of Decision 2001/783/EC.
(3) Decision 2001/783/EC should therefore be amended accordingly.
(4) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
Article 1
Annex I to Decision 2001/783/EC is replaced by the text in the Annex to this Decision.
Article 2
The Member States shall amend the measures they apply to trade so as to bring them into compliance with this Decision and they shall give immediate appropriate publicity to the measures adopted. They shall immediately inform the Commission thereof.
Article 3
This Decision is addressed to the Member States.
Done at Brussels, 15 November 2002. | [
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Commission Regulation (EC) No 862/2003
of 19 May 2003
on the supply of cereals as food aid
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1292/96 of 27 June 1996 on food-aid policy and food-aid management and special operations in support of food security(1), as modified by Regulation (EC) No 1726/2001 of the European Parliament and of the Council(2), and in particular Article 24(1)(b) thereof,
Whereas:
(1) The abovementioned Regulation lays down the list of countries and organisations eligible for Community aid and specifies the general criteria on the transport of food aid beyond the fob stage.
(2) Following the taking of a number of decisions on the allocation of food aid, the Commission has allocated white sugar to certain beneficiaries.
(3) It is necessary to make these supplies in accordance with the rules laid down by Commission Regulation (EC) No 2519/97 of 16 December 1997 laying down general rules for the mobilisation of products to be supplied under Council Regulation (EC) No 1292/96 as Community food aid(3). It is necessary to specify the time limits and conditions of supply to determine the resultant costs,
HAS ADOPTED THIS REGULATION:
Article 1
Cereals shall be mobilised in the Community, as Community food aid for supply to the recipient listed in the Annex, in accordance with Regulation (EC) No 2519/97 and under the conditions set out in the Annex.
The tenderer is deemed to have noted and accepted all the general and specific conditions applicable. Any other condition or reservation included in his tender is deemed unwritten.
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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COUNCIL REGULATION (EC) No 1582/2006
of 24 October 2006
amending Regulation (EEC) No 1907/90, as regards the derogation on egg washing
THE COUNCIL OF THE EUROPEAN UNION,
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), and in particular Article 2(2) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1)
Article 6(4) of Council Regulation (EEC) No 1907/90 of 26 June 1990 on certain marketing standards for eggs (2) lays down the criteria for the derogation enabling packing centres to continue to wash eggs until 31 December 2006. A derogation has been granted to nine packing centres in Sweden and one in the Netherlands.
(2)
Regulation (EEC) No 1907/90 has been repealed by Council Regulation (EC) No 1028/2006 of 19 June 2006 on marketing standards for eggs (3) with effect from 1 July 2007. Accordingly, the transitional period for egg washing should be extended until that date.
(3)
Regulation (EEC) No 1907/90 should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
In the first subparagraph of Article 6(4) of Regulation (EEC) No 1907/90, the date ‘31 December 2006’ shall be replaced by the date ‘30 June 2007’.
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.
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COUNCIL REGULATION (EEC) No 1910/91 of 28 June 1991 opening and providing for the adminsitration of Community tariff quotas for certain agricultural products originating in Cyprus, Morocco, Israel, Tunisia and Egypt (1991/92)
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 relevant articles and the Additional Protocols to the Agreements between the European Economic Community, on the one hand, and the Kingdom of Morocco (1), the State of Israel (2), the Tunisian Republic (3) and the Arab Republic of Egypt (4), on the other, an the Protocol defining the conditions and procedures for the implementation of the second stage of the Agreement establishing an Association between the European Economic Community and the Republic of Cyprus and adapting certain provisions of the Agremeent (5) provide for the opening of Community tariff quotas for:
- 86 000 tonnes of tomatoes, fresh or chilled, falling within CN code ex 0702 00 10 originating in Morocco (15 November to 30 April), of which 15 000 tonnes in April,
- 300 tonnes of aubergines, falling within CN code ex 0709 30 00 originating in Cyprus (1 October to 30 November),
- 100, 450 and 100 tonnes of Chinese cabbage, falling wihtin CN code ex 0704 90 90 originating in Morocco, Israel and Cyprus respectively (1 November to 31 December),
- 100, 250 and 100 tonnes of 'Iceberg' lecture, falling wihtin CN codes ex 0705 11 10 and ex 0705 1190 originating in Morocco, Israel and Cyprus respectively (1 November to 31 December),
- 265 000 tonnes, 293 000 tonnes and 7 000 tonnes or oranges, fresh, falling within CN code ex 0805 10 originating in Morocco, Israel, Tunisia and Egypt respectively (1 July to 30 June),
- 14 200 tonnes of fresh mandarins, clementines, etc, falling within CN code ex 0805 20 originating in Israel (1 July to 30 June);
Whereas, however, the quotas relating to Cyprus must be increased in equal steps of 5 % per annum, starting with the entry into force of the abovementioned Protocol, by virtue of its Articles 18 and 19; whereas for 1991 they will therefore be at the levels indicated in Article I;
Whereas, to take into account the fact that, for fresh oranges, Morocco and Tunisia benefit in the period 16 October to 30 April from a customs duty less than that in Spain and Portugal; whereas these tariff quotas should be opened for the periods 1 July to 15 October 1991 and 1 May to 30 June 1992; whereas, taking into account the seasonal nature of the imports of these products, the volume of these quotas should be fixed at the level of the traditional average imports in these periods, that is to say, 103 242 tonnes for Morocco and 1 051 tonnes for Tunisa respectively;
Whereas, under these tariff quotas, customs duties are to be abolished progressively:
- over the same periods and in accordance with the same timetables as laid down in Articles 75 and 268 of the Act of Accession of Spain and Portugal in the case of the tariff quotas opened for Morocco, Israel, Tunisia and Egypt,
- in accordance with the timetable and conditions laid down in Article 5 and 16 of the abovementioned Protocol and Cyprus in the case of the tariff quotas opened for Cyprus;
Whereas Council Regulations (EEC) No 4162/87 of 21 December 1987 laying down arrangements for Spain's and Portugal's trade with Israel (6), (EEC) No 3189/88 of 14 October 1988 laying down the arrangements to be applied by Spain and Portugal to trade with Morocco and Syria (7), (EEC) No 2573/87 of 11 August 1987 laying down the arrangements for trade between Spain and Portugal on the one hand and Algeria, Egpyt, Jordan, Lebanon, Tunisia and Turkey on the other (8), and the Protocol to the Agreement establishing an Association between the European Economic Community and the Republic of Cyprus consequent on the accession of the Kingdom of Spain and the Portuguese Republic to the Community (9) provide that Spain and Portugal shall apply duties which progressively reduce the gap between the base duty rates and the preferential duty rates, whereas the Community tariff quotas in question should therefore be opened for the periods mentioned in Article 1;
Whereas all Community importers should be ensured equal and continuous access to the said quotas and the duty rates laid down for the quotas should be applied consistently to all imports of the products in question into all Member States until the quotas are exhausted; whereas the necesaary measures should be taken to provide for effective Community mangement of the quotas, so that the Member States may draw against the quotas such quantities as they may need, corresponding to actual imports; whereas this method of administration requires close cooperation between the Member States and the Commission;
Whereas, since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united within and jointly represented by the Benelux Economic Union, any operation concerning the adminsitration of these quotas may be carried out by any of its members,
HAS ADOPTED THIS REGULATION:
Article 1
The customs duties applicable to imports into the Community of the products listed below originating in Cyprus, Morocco, Israel, Tunisia and Egypt shall be suspended during the periods, at the levels and within the limits of the Community tariff quotas shown below:
Order No CN code (a) Description Origin Quota volume (in tonnes) Rate of (duty %) (1) (2) (3) (4) (5) (6) 09.1117 ex 0702 00 10 Tomatoes fresh or chilled, from 15 November 1991 to 30 April 1992 Morocco 86 000 - from 15 November to 31 December: 3,6 MIN
ECU 0,6/100 kg/net
- from 1 January to to 29 February:
ECU 0,2/100 kg/net (1)
- from 1 March to 30 April: 2,4 MIN
ECU 0,4/100 kg/net Of which: 09.1118 ex 0702 00 10 Tomatoes, fresh or chilled, from 1 to 30 April 1992 Morocco 15 000 2,4 MIN
ECU 0,4/100 kg/net 09.1405 ex 0709 30 00 Aubergines, from 1 October to 30 November 1991 Cyprus 360 4,0 09.1109
09.1311
09.1425 ex 704 90 90 Aubergines, from 1 November to 31 December 1991 Morocco
Israel
Cyprus 100
450
120 6,8 6,8 9,6 09.1111
09.1313 ex 0705 11 10
ex 0705 11 90 'Iceberg' lettuce (Lactuca sativa L., capitata L), from 1 November to 31 December 1991 Morocco
Israel 100
250 - from 1 to 30 November: 5,0 MIN
ECU 0,5/100 kg/br - from 1 to 31 December: 4,3 MIN
ECU 0,5/100 kg/br 09.1427 Cyprus 120 - from 1 to 30 November: 9,6 MIN
ECU 1,6/100 kg/br - from 1 to 31 December: 8,3 MIN
ECU 1,0/100 kg/br 09.1323 0805 10 11
0805 10 15
0805 10 19 Fresh oranges, from 1 July 1991 to 30 June 1992 Israel
Egypt 293 000
7 000 2,8 09.1707 0805 10 21
0805 10 25
0805 10 29 0 0805 10 31
0805 10 35
0805 10 39 0 0805 10 41
0805 10 45
0805 10 49 - from 16 October to 31 December 1991: 6,6
- from 1 January to 31 March 1992: 4,4 ex 0805 10 70 - from 1 July to 15 October 1991: 5,0
- from 1 April to 30 June 1992: 3,3 ex 0805 10 90 - from 16 October to 31 December 1991: 6,6
- from 1 January to 31 March 1992: 4,4 09.1121
09.1207 0805 10 21
0805 10 25
0805 10 29
0805 10 31
0805 10 35
0805 10 39 Fresh oranges, from 1 July to 15 October 1991 and from 1 May to 30 June 1992 Morocco
Tunisia 103 242
1 051 0
0 09.1325 ex 0805 20 10
ex 0805 20 30
ex 0805 20 50
ex 0805 20 70
ex 0805 20 90 Madarins (including tangerines and satsumas); clementines, wilkings and similar citrus hybrids, fresh, from 1 July 1991 to 30 June 1992 Israël 14 200 - from 1 July to 31 December 1991: 6,6
- from 1 January to 30 June 1992: 4,4 ex 0805 20 90 Minneolas, fresh, from 1 July 1991 to 30 June 1992 0
(a) See Taric codes in the Annex.
(1) This specific customs duty is only levied when it exceeds 2 % ad valorem.
Within the limits of these tariff quotas, the Kingdom of Spain and the Portuguese Republic shall apply customs duties calculated in accordance with the relevant provisions of Regulations (EEC) No 4162/87, (EEC) No 3189/88 and (EEC) No 2753/87 and of the Protocol to the Agreement establishing an Association between the European Economic Community and the Republic of Cyprus consequent on the accession of Spain and Portugal to the Community.
Article 2
The tariff quotas referred to in Article 1 shall be managed by the Commission, which may take all appropriate administrative measures in order to ensure effective management thereof.
Article 3
If an importer presents in a Member State a declaration of entry for free circulation, including a request for preferential benefit for a product covered by this Regulation, and if this declaration is accepted by the customs authorities, the Member State concerned shall inform the Commission and draw an amount corresponding to its requirements from the corresponding quota amount.
Requests for drawings, indicating the date of acceptance of the said declarations, must be transmitted to the Commission without delav.
The drawings shall be granted by the Commission by reference to the date of acceptance of the declarations of entry for free circulation by the customs authorities of the Member States 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 corresponding quota amount.
If the quantities requested are greater than the available balance of the quota amount, the requests shall be met on a pro rata basis. Member States shall be informed by the Commission of the drawings made.
Article 4
Each Member State shall ensure that importers of the products concerned have equal and continuous access to the quotas for such time as the residual balance of the quota volumes so permits.
Article 5
The Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with.
Article 6
This Regulation shall enter into force on 1 July 1991. This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COMMISSION DECISION of 20 December 1994 on the conclusion on behalf of the European Coal and Steel Community and the European Atomic Energy Community of the Agreement on free trade and trade-related matters between the European Community, the European Atomic Energy Community and the European Coal and Steel Community, of the one part, and the Republic of Estonia, of the other (94/975/ECSC, Euratom)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 95 (1) thereof,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 101 (2) thereof,
Having consulted the ECSC Consultative Committee and with the assent of the Council,
Whereas, in order to achieve the objectives of the Community set out in particular in Articles 2 and 3 of the Treaty establishing the European Coal and Steel Community it is necessary to conclude the Agreement on free trade and trade-related matters; whereas the Treaty does not make provision for all the cases covered by this Decision,
HAS DECIDED AS FOLLOWS:
Article 1
The Agreement on free trade and trade-related matters between the European Community, the European Atomic Energy Community and the European Coal and Steel Community, of the one part, and the Republic of Estonia, of the other, together with the Protocols, the exchanges of letters and the declarations, are hereby approved on behalf of the European Coal and Steel Community and the European Atomic Energy Community.
These texts are attached to this Decision (1).
Article 2
The President of the Commission shall give the notification provided for in Article 49 of the Agreement on free trade and trade-related matters on behalf of the European Coal and Steel Community and the European Atomic Energy Community.
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COMMISSION REGULATION (EC) No 2153/98 of 7 October 1998 amending Regulation (EEC) No 2173/92 laying down detailed rules for the application of specific measures adopted in respect of fruit, vegetables, plants and flowers for the benefit of the Canary Islands
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1601/92 of 15 June 1992 concerning specific measures for the Canary Islands with regard to certain agricultural products (1), as last amended by Regulation (EC) No 2348/96 (2), and in particular Articles 15(5) and 16(5) thereof,
Whereas Article 9(3) of Commission Regulation (EEC) No 2173/92 of 30 July 1992 laying down detailed rules for the application of specific measures adopted in respect of fruit, vegetables, plants and flowers for the benefit of the Canary Islands (3), as last amended by Regulation (EC) No 1363/95 (4), sets a time limit of two months between the filing of applications and the payment of aid; whereas experience gained in the administration of the measures has demonstrated that that time limit is not long enough to permit the necessary verifications and checks in view of the large number of dossiers involved; whereas the time limit should therefore be extended to three months;
Whereas if the measure is to apply to payments for the 1997/98 marketing year this Regulation should apply from 1 September 1998;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fresh Fruit and Vegetables,
HAS ADOPTED THIS REGULATION:
Article 1
In the first sentence of Article 9(3) of Regulation (EEC) No 2173/92, 'two` is hereby replaced by 'three`.
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 September 1998.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 October 1998. | [
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*****
COMMISSION DECISION
of 23 March 1990
authorizing Belgium not to take into account certain categories of transactions and to use certain approximate estimates for the calculation of the VAT own resources base
(Only the Dutch and French texts are authentic)
(90/177/Euratom, EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Treaty establishing the European Atomic Energy Community,
Having regard to Council Regulation (EEC, Euratom) No 1553/89 of 29 May 1989 on the definitive uniform arrangements for the collection of own resources accruing from value added tax (1), and in particular Article 13 thereof,
Whereas Council Regulation (EEC, Euratom, ECSC) No 2892/77 of 19 December 1977 implementing in respect of own resources accruing from value added tax the Decision of 21 April 1970 on the replacement of financial contributions from Member States by the Communities' own resources (2) ceased to be applicable on 31 December 1988; whereas the authorizations given under Article 13 thereof must be renewed from 1 January 1989 pursuant to Article 13 of Regulation (EEC, Euratom) No 1553/89;
Whereas, under Article 28 (3) of the Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonization of the laws of the Member States relating to turnover taxes - Common system of value added tax: uniform basis of assessment (3), hereinafter called 'the Sixth Directive', as last amended by Directive 84/386/EEC (4), the Member States may continue to exempt or tax certain transactions; whereas these transactions must be taken into account for the determination of the VAT resources base;
Whereas Belgium is unable to make a precise calculation of the VAT own resources base for two categories of transactions listed in Annexes E and F to the Sixth Directive; whereas such calculation is likely to involve an unjustified administrative burden in relation to the effect of these transactions on Belgium's total VAT resources base; whereas Belgium should therefore be authorized not to take these transactions into account for the calculation of the VAT base;
Whereas Belgium is able to make a calculation using approximate estimates for six categories of transactions listed in Annexes E and F to the Sixth Directive; whereas it should therefore be authorized to calculate the VAT base using approximate estimates;
Whereas the Advisory Committee on Own Resources has approved the report recording the opinions of its members on this Decision,
HAS ADOPTED THIS DECISION:
Article 1
For the purpose of calculating the VAT own resources base from 1 January 1989, Belgium is authorized, in accordance with the first indent of Article 6 (3) of Council Regulation (EEC, Euratom) No 1553/89, not to take into account the following categories of transactions referred to in Annexes E and F to the Sixth Directive:
1. Transactions referred to in Article 13 (A) (1) (f) of the Sixth Directive other than those of groups of a medical or paramedical nature (Annex E, ex point 3);
2. Services supplied by authors, artists, performers, in so far as these are not services specified in Annex B to the Second Council Directive 67/228/EEC (5);
- services rendered to conference organizers by lecturers,
- services rendered to show and concert organizers, to publishers of records and other sound recording media and to makers of films and other image-recording media by actors conductors, musicians and other artists in the context of theatrical, choreographical, cinematographical or musical productions or circus, music-hall or artistic cabaret performances, and
- services rendered to organizers of sporting competitions or events by persons taking part in these competitions or events (Annex F, ex point 2).
Article 2
For the purpose of calculating the VAT own resources base from 1 January 1989, Belgium is authorized to use approximate estimates in respect of the following categories of transactions referred to in Annexes E and F to the Sixth Directive:
1. The services of travel agents referred to in Article 26 of the Sixth Directive, and those of travel agents acting in the name and on account of the traveller, for journeys outside the Community (Annex E, point 15);
2. Services supplied by lawyers, notaries and bailiffs (for all activities), in so far as these are not services specified in Annex B to the Second Directive 67/228/EEC (Annex F, ex point 2);
3. Treatment of animals by veterinary surgeons (Annex F, point 9);
4. Supplies of land described in Article 4 (3) of the Sixth Directive (Annex F, ex point 16).
Article 3
This Decision is addressed to the Kingdom of Belgium.
Done at Brussels, 23 March 1990. | [
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COUNCIL DECISION
of 21 October 2004
on the opening of the negotiations on an agreement concerning monetary relations with the Principality of Andorra
(2004/750/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Decision 2004/548/EC of 11 May 2004 on the position to be taken by the Community regarding an agreement concerning the monetary relations with the Principality of Andorra (1), and in particular Article 8 thereof,
Having regard to the Recommendation of the Commission (2),
Having regard to the opinion of the European Central Bank (3),
Whereas:
(1)
The opening of the negotiations on an agreement with the Principality of Andorra (hereinafter, Andorra) on monetary matters should be conditional upon the fulfilment of the necessary conditions. The prior initialling by both parties of the agreement on the taxation of income from savings, as well as the undertaking by Andorra to ratify such agreement before a date agreed with the Community, should form part of those conditions.
(2)
Andorra and the Commission have proceeded on 1 July 2004 with the initialling of the agreement providing for measures equivalent to those laid down in Council Directive 2003/48/EC of 3 June 2003 (4) on the taxation of savings income in the form of interest payments.
(3)
By virtue of the verbal note from the Ambassador of Andorra to the Community of 1 July 2004, Andorra has undertaken to ratify such agreement before 30 April 2005. This date is acceptable to the Community.
(4)
The absence of ratification by Andorra, before the agreed date, of the agreement on the taxation of income from savings should result in the suspension of the negotiations on the monetary agreement until such ratification has taken place,
HAS DECIDED AS FOLLOWS:
Sole Article
The necessary conditions for the opening of the negotiations with the Principality of Andorra on an agreement on monetary matters, as laid down in Article 8 of Decision 2004/548/EC on the position to be taken by the Community regarding an agreement concerning the monetary relations with the Principality of Andorra, have been fulfilled.
The Commission shall inform the Principality of Andorra of the Community’s readiness to conclude an agreement on monetary matters and it shall propose negotiations for such an agreement.
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COMMISSION REGULATION (EC) No 966/2009
of 15 October 2009
amending Regulation (EC) No 657/2008 laying down rules for applying Council Regulation (EC) No 1234/2007 as regards Community aid for supplying milk and certain milk products to pupils in educational establishments
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 102 in conjunction with Article 4 thereof,
Whereas:
(1)
Experience has shown that certain products currently listed in Annex I to Commission Regulation (EC) No 657/2008 (2) are not available on the market in several Member States.
(2)
In order to ensure that a wider range of products eligible for aid can be used in Member States, the product list should be extended. As the extension of the products eligible does not entail a change in the parameters for setting out the aid rate, the aid rate for products in Category II should remain unchanged.
(3)
Experience has further shown that the definitions of cheese and sweeteners are not comprehensive; therefore those definitions should be changed.
(4)
Regulation (EC) No 657/2008 should therefore be amended accordingly.
(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
Annex I to Regulation (EC) No 657/2008 is replaced by the text 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, 15 October 2009. | [
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COMMISSION REGULATION (EC) No 114/2009
of 6 February 2009
laying down transitional measures for the application of Council Regulation (EC) No 479/2008 as regards the references to wines with a protected designation of origin and a protected geographical indication
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 479/2008 of 29 April 2008 on the common organisation of the market in wine, amending Regulations (EC) No 1493/1999, (EC) No 1782/2003, (EC) No 1290/2005, (EC) No 3/2008 and repealing Regulations (EEC) No 2392/86 and (EC) No 1493/1999 (1), and in particular Article 126(a) thereof,
Whereas:
(1)
Article 34 of Regulation (EC) No 479/2008 defines, with the applicability from 1 August 2009, the classes of wines with protected designation of origin and of the wines with protected geographical indication.
(2)
According to Article 10(2) of Regulation (EC) No 479/2008, information or promotion measures supported under that Article shall relate to wines with a protected designation of origin or geographical indication or wines with an indication of the wine grape variety.
(3)
Article 65(1)(c)(vi) and (xiii) of Regulation (EC) No 479/2008 provides for the recognition of inter-branch organisations providing information on particular characteristics of wine with a protected designation of origin or geographical indication and exploiting, protecting and promoting quality labels and protected designations of origin and geographical indications.
(4)
In accordance with Article 92(5)(b)(i) of Regulation (EC) No 479/2008 Member States may decide that replanting rights may be transferred, in whole or in part, to another holding in the same Member State in case that areas on that other holding are intended for the productions of wines with a protected designation of origin or a protected geographical indication.
(5)
Points 1 and 3 of Annex IV to Regulation (EC) No 479/2008 provide for the definition of wine and liqueur wine, respectively. Those definitions contain specific provisions referring to wines with protected designation of origin and wines with geographical indication.
(6)
Point 7 of Annex IV to Regulation (EC) No 479/2008 provides for the definition of aerated sparkling wine. That definition refers to wines without protected designation of origin or a geographical indication.
(7)
In accordance with Article 129(2)(e) of Regulation (EC) No 479/2008, definitions of wines with a protected designation of origin or geographical indication do not apply before 1 August 2009. Under the previous scheme established by Council Regulation (EC) No 1493/1999 (2) the corresponding categories were the quality wines psr and the wines with geographical indication.
(8)
In order to enable Member States to apply Articles 10(2), 65(1)(c)(vi) and (xiii), 92(5)(b)(i) and Annex IV points 1, 3 and 7 of Regulation (EC) No 479/2008 as from 1 August 2008, it is appropriate to take transitional measures as regards the definition of the wines with protected designation of origin and of the wines with protected geographical indication. Since these Articles have been applicable as from 1 August 2008, this Regulation should apply from that date.
(9)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,
HAS ADOPTED THIS REGULATION:
Article 1
For the purposes of the application of Articles 10(2), 65(1)(c)(vi) and (xiii), 92(5)(b)(i) and Annex IV points 1, 3 and 7 of Regulation (EC) No 479/2008 as from 1 August 2008 until 31 July 2009, references made to wines with protected designation of origin and to wines with protected geographical indication shall read as references to quality wines psr and to wines with geographical indication, respectively.
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 August 2008.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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*****
COUNCIL REGULATION (EEC) No 3154/90
of 29 October 1990
on the apportionment of the quantities of cereals provided for under the 1986 Food Aid Convention from 1 July 1989
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3972/86 of 22 December 1986 on food aid policy and food aid management (1), as last amended by Regulation (EEC) No 1930/90 (2), and in particular the first and second indents of Article 4 (1) and Article 4 (2) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (3),
Whereas the 1986 Food Aid Convention has been extended until 30 June 1991; whereas further extensions could be decided upon within the framework of the said Convention,
Whereas Regulation (EEC) No 412/87 (4) provides for the apportionment of the quantities of cereals provided for under the Food Aid Convention for the period 1 July 1986 to 30 June 1989; whereas the apportionment should therefore be fixed from 1 July 1989,
HAS ADOPTED THIS REGULATION:
Article 1
The 1 670 000 tonnes of cereals constituting the minimum quantity to be contributed annually by the Community and its Member States under the 1986 Food Aid Convention shall be apportioned for the period during which the said Convention remains in force in its current version:
(a) Community operations: 927 700 tonnes;
(b) national operations: 742 300 tonnes.
Article 2
The quantity provided for in Article 1 (b) for national actions shall be apportioned as follows among the Member States:
(tonnes)
Belgium 41 500
Denmark 15 600
Germany 193 500
Greece 10 000
Spain 20 000
France 200 000
Ireland 4 000
Italy 95 400
Luxembourg 1 400
Netherlands 50 200
Portugal -
United Kingdom 110 700
The same apportionment shall apply should the Convention be extended.
Article 3
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It shall apply with effect from 1 July 1989.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 29 October 1990. | [
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COMMISSION REGULATION (EC) No 1695/2005
of 17 October 2005
opening a standing invitation to tender for the export of common wheat held by the French intervention agency
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 6 thereof,
Whereas:
(1)
Commission Regulation (EEC) No 2131/93 (2) lays down the procedure and conditions for the disposal of cereals held by intervention agencies.
(2)
Commission Regulation (EEC) No 3002/92 (3) lays down common detailed rules for verifying the use and/or destination of products from intervention.
(3)
Given the current market situation, a standing invitation to tender should be opened for the export of 500 000 tonnes of common wheat held by the French intervention agency.
(4)
Special rules must be laid down to ensure that the operations are properly carried out and monitored. To that end, securities should be lodged to ensure that the goals of the operation are achieved without excessive cost to the operators. Derogations should accordingly be made to certain rules, in particular those laid down in Regulation (EEC) No 2131/93.
(5)
To forestall reimportation, exports under this invitation to tender should be limited to certain third countries.
(6)
With a view to modernising the management of the system, provision should be made for the electronic transmission of the information required by the Commission.
(7)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
Subject to this Regulation, the French intervention agency shall issue a standing invitation to tender in accordance with Regulation (EEC) No 2131/93 for the export of common wheat held by it.
Article 2
The invitation to tender shall cover a maximum of 500 000 tonnes of common wheat for export to third countries with the exception of Albania, Bosnia and Herzegovina, Bulgaria, Croatia, the former Yugoslav Republic of Macedonia, Liechtenstein, Romania, Serbia and Montenegro (4) and Switzerland.
Article 3
1. No export refund or tax or monthly increase shall be granted on exports carried out under this Regulation.
2. Article 8(2) of Regulation (EEC) No 2131/93 shall not apply.
3. Notwithstanding the third paragraph of Article 16 of Regulation (EEC) No 2131/93, the price to be paid for the export shall be that quoted in the tender, without monthly increase.
Article 4
1. Export licences shall be valid from their date of issue within the meaning of Article 9 of Regulation (EEC) No 2131/93 until the end of the fourth month thereafter.
2. Tenders submitted in response to this invitation to tender need not be accompanied by export licence applications submitted under Article 49 of Commission Regulation (EC) No 1291/2000 (5).
Article 5
1. Notwithstanding Article 7(1) of Regulation (EEC) No 2131/93, the time limit for submission of tenders under the first partial invitation to tender shall be 09.00 (Brussels time) on 26 October 2005.
The time limit for submitting tenders under subsequent partial invitations to tender shall be 09.00 (Brussels time) each Thursday thereafter, with the exception of 3 November and 29 December 2005 and 13 April and 25 May 2006, there being no invitation to tender in the weeks concerned.
The last partial invitation to tender shall expire at 09.00 (Brussels time) on 22 June 2006.
2. Tenders must be lodged with the French intervention agency:
Office national interprofessionnel des céréales
21, avenue Bosquet
F-75007 Paris
Fax (33) 1 44 18 20 08/80
Article 6
The intervention agency, the storer and a successful tenderer shall, at the request of the latter and by common agreement, either before or at the time of removal from storage as the tenderer chooses, take reference samples for counter-analysis at the rate of at least one sample for every 500 tonnes and shall analyse the samples. The intervention agency may be represented by a proxy, provided this is not the storer.
Reference samples for counter-analysis shall be taken and analysed within seven working days of the date of the successful tenderer's request or within three working days if the samples are taken on removal from storage.
In the event of a dispute, the analysis results shall be forwarded electronically to the Commission.
Article 7
1. The successful tenderer must accept the lot as established if the final result of the sample analyses indicates a quality:
(a)
higher than that specified in the notice of invitation to tender;
(b)
higher than the minimum characteristics laid down for intervention but below the quality described in the notice of invitation to tender, providing that the differences having regard to those criteria do not exceed the following limits:
-
one kilogram per hectolitre as regards specific weight, which must not, however, be less than 75 kg/hl,
-
one percentage point as regards moisture content,
-
half a percentage point as regards the impurities specified in points B.2 and B.4 of the Annex to Commission Regulation (EC) No 824/2000 (6), and half a percentage point as regards the impurities referred to in point B.5 of Annex I to Regulation (EC) No 824/2000, the admissible percentages for noxious grains and ergot remaining unchanged, however.
2. If the final result of the analyses carried out on the samples indicates a quality higher than the minimum characteristics laid down for intervention but below the quality described in the notice of invitation to tender and the difference exceeds the limits set out in paragraph 1(b), the successful tenderer may:
(a)
accept the lot as established, or
(b)
refuse to take over the lot concerned.
In the case of (b) above, the successful tenderer shall be discharged of all obligations relating to the lot in question and the securities shall be released provided the Commission and the intervention agency are immediately notified using the form in Annex I.
3. Where the final result of sample analyses indicates a quality below the minimum characteristics laid down for intervention, the successful tenderer may not remove the lot in question. The successful tenderer shall be discharged of all obligations relating to the lot in question and the securities shall be released provided the Commission and the intervention agency are immediately notified using the form in Annex I.
Article 8
Should the cases mentioned in Article 7(2)(b) and 7(3) arise, the successful tenderer may ask the intervention agency to supply an alternative lot of common wheat of the requisite quality, at no extra cost. In that case, the security shall not be released. The lot must be replaced within three days of the date of the successful tenderer’s request. The successful tenderer shall immediately inform the Commission thereof using the form in Annex I.
If, following successive replacements, the successful tenderer has not received a replacement lot of the quality laid down within one month of the date of the request for a replacement, the successful tenderer shall be discharged of all obligations and the securities shall be released, provided the Commission and the intervention agency have been immediately informed using the form in Annex I.
Article 9
1. If the common wheat is removed before the results of the analyses provided for in Article 6 are known, all risks shall be borne by the successful tenderer from the time the lot is removed, without prejudice to any means of redress the tenderer might have against the storer.
2. The costs of taking the samples and conducting the analyses provided for in Article 6, with the exception of those referred to in Article 7(3), shall be borne by the European Agricultural Guidance and Guarantee Fund (EAGGF) for up to one analysis per 500 tonnes, with the exception of the cost of inter-bin transfers. The costs of inter-bin transfers and any additional analyses requested by a successful tenderer shall be borne by that tenderer.
Article 10
Notwithstanding Article 12 of Commission Regulation (EEC) No 3002/92, the documents relating to the sale of common wheat under this Regulation, and in particular the export licence, the removal order referred to in Article 3(1)(b) of Regulation (EEC) No 3002/92, the export declaration and, where applicable, the T5 copy shall carry one of the entries set out in Annex II.
Article 11
1. The security lodged under Article 13(4) of Regulation (EEC) No 2131/93 shall be released once the export licences have been issued to the successful tenderers.
2. Notwithstanding Article 17(1) of Regulation (EEC) No 2131/93, the obligation to export shall be covered by a security equal to the difference between the intervention price applying on the day of the award and the price awarded, but not less than EUR 25 per tonne. Half of the security shall be lodged when the licence is issued and the balance shall be lodged before the cereals are removed.
Article 12
Within two hours of the expiry of the time limit for the submission of tenders, the French intervention agency shall electronically notify the Commission of tenders received. This notification shall be made by e-mail, using the form in Annex III.
Article 13
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 October 2005. | [
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*****
COMMISSION REGULATION (EEC) No 1997/88
of 6 July 1988
amending quantitative limits fixed for imports of certain textile products originating in the Philippines (category 4)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Council Regulation (EEC) No 4136/86 of 22 December 1986 on common rules for imports of certain textile products originating in third countries (1), as last amended by Regulation (EEC) No 768/88 (2), and in particular Article 9 (2) thereof,
Whereas, pursuant to Article 9 (2) of Regulation (EEC) No 4136/86, quantitative limits may be increased where it appears that additional imports are required;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Textile Committee,
HAS ADOPTED THIS REGULATION:
Article 1
The quantitative limits for textile products originating in the Philippines fixed in Annexes III and IV bis to Regulation (EEC) No 4136/896 are hereby amended for the year 1988 as laid down in the Annex hereto.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 6 July 1988. | [
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COMMISSION REGULATION (EC) No 1845/95 of 26 July 1995 fixing for the 1995/96 marketing year the minimum price to be paid to producers for Williams and Rocha pears and the amount of production aid for such pears in syrup and/or natural fruit juice
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 426/86 of 24 February 1986 on the common organization of the market in products processed from fruit and vegetables (1), as last amended by Commission Regulation (EC) No 1032/95 (2), and in particular Articles 4 (4) and 5 (5) thereof,
Whereas Council Regulation (EEC) No 1206/90 (3), as amended by Regulation (EEC) No 2202/90 (4), lays down general rules for the system of production aid for processed fruit and vegetables;
Whereas, pursuant to Article 4 (1) of Regulation (EEC) No 426/86, the minimum price to be paid to producers is to be determined on the basis of, firstly, the minimum price applying during the previous marketing year, secondly, the movement of basic prices in the fruit and vegetables sector, and thirdly, the need to ensure the normal marketing of fresh products for the various uses, including supply of the processing industry;
Whereas Article 5 of Regulation (EEC) No 426/86 lays down the criteria for fixing the amount of production aid; whereas account must, in particular, be taken of the aid fixed for the previous marketing year adjusted to take account of changes in the minimum price to be paid to producers and the difference between the cost of the raw material in the Community and in the major competing third countries;
Whereas a system of monetary adjustment was applied to the amount of the aid of the previous marketing years, on the one hand to correct the impact of the differnces existing between the agricultural conversion rate and the average of the market exchange rate during a given period and on the other hand to ensure normal competition with third countries, that, owing to measures taken as regards agri-monetary policy, it is appropriate to suspend application of it;
Whereas the Management Committee for Products Processed from Fruit and Vegetables has not delivered an opinion within the time limit set by its chairman.
HAS ADOPTED THIS REGULATION:
Article 1
For the 1995/96 marketing year:
(a) the minimum price referred to in Article 4 of Regulation (EEC) No 426/86 to be paid to producers for Williams and Rocha pears;
and (b) the production aid referred to in Article 5 of the same Regulation for Williams and Rocha pears in syrup and/or natural fruit juice,
shall be as set out in the Annex.
Article 2
Where processing takes place outside the Member State in which the produce was grown, such Member State shall furnish proof to the Member State paying the production aid that the minimum price payable to the producer has been paid.
Article 3
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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REGULATION (EC) No 1889/2006 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 20 December 2006
on establishing a financing instrument for the promotion of democracy and human rights worldwide
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Articles 179(1) and 181a(2) thereof,
Having regard to the proposal from the Commission,
Acting in accordance with the procedure referred to in Article 251 of the Treaty (1),
Whereas:
(1)
A new framework for planning and delivering assistance is proposed in order to make the Community's external assistance more effective and transparent. Council Regulation (EC) No 1085/2006 (2) establishes an Instrument for Pre-Accession Assistance (IPA) for Community assistance to candidate and potential candidate countries. Regulation (EC) No 1638/2006 (3) etablishes a European Neighbourhood and Partnership Instrument (ENPI) providing direct support for the EU's European Neighbourhood Policy. Regulation (EC) No 1889/2006 of the European Parliament and of the Council of 20 December 2006 (4) establishes a financing instrument for Development Cooperation (DCI). Council Regulation (EC) No 1889/2006 (4) establishes a financing instrument for cooperation with industrialised and other high-income countries and territories (ICI). Regulation (EC) No 1717/2006 (5) establishes a financing Instrument for Stability (IfS) providing assistance in situations of crisis and emerging crisis, and specific global and transregional threats. This Regulation establishes a financing instrument for the promotion of democracy and human rights worldwide (European Instrument for Democracy and Human Rights) allowing for assistance independent from the consent of third country governments and other public authorities.
(2)
Article 6(1) of the Treaty on European Union stipulates that the Union is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law, principles which are common to the Member States.
(3)
The promotion, development and consolidation of democracy and the rule of law, and of respect for human rights and fundamental freedoms constitute a prime objective of the Community's development policy and economic, financial and technical cooperation with third countries (6). A commitment to respect, promote and protect democratic principles and human rights is an essential element of the Community's contractual relations with third countries (7).
(4)
This financing instrument contributes to the achievement of the objectives of the development policy statement on the ‘European Consensus on Development’ (DPS) jointly adopted by the Council and the Representatives of the Governments of the Member States meeting within the Council, the European Parliament and the Commission on 20 December 2005 (8). The DPS underlines that ‘progress in the protection of human rights, good governance and democratisation is fundamental for poverty reduction and sustainable development’, thereby contributing to the achievement of the Millennium Development Goals (MDGs).
(5)
The DPS having reaffirmed that the promotion of gender equality and women's rights is a fundamental human right and a question of social justice, as well as being instrumental in achieving all the MDGs, the Cairo Programme of Action and the Convention on the Elimination of All Forms of Discrimination Against Women, this Regulation includes a strong gender component.
(6)
This financing instrument contributes to achieving the objective of the Union's Common Foreign and Security Policy, as set out in Article 11(1) of the Treaty on European Union and shaped by EU Guidelines, regarding the development and consolidation of democracy and the rule of law, and respect for human rights and fundamental freedoms.
(7)
The Community's contribution to the development and consolidation of democracy and the rule of law, and of respect for human rights and fundamental freedoms is rooted in the general principles established by the International Bill of Human Rights, and any other human rights instrument adopted within the framework of the United Nations, as well as relevant regional human rights instruments.
(8)
Democracy and human rights are inextricably linked. The fundamental freedoms of expression and association are the preconditions for political pluralism and democratic process, whereas democratic control and separation of powers are essential to sustain an independent judiciary and the rule of law which in turn are required for effective protection of human rights.
(9)
Human rights are considered in the light of universally accepted international norms, but democracy has also to be seen as a process, developing from within, involving all sections of society and a range of institutions, in particular national democratic parliaments, that should ensure participation, representation, responsiveness and accountability. The task of building and sustaining a culture of human rights and making democracy work for citizens, though especially urgent and difficult in emerging democracies, is essentially a continuous challenge, belonging first and foremost to the people of the country concerned but without diminishing the commitment of the international community.
(10)
In order to address the above issues in an effective, transparent, timely and flexible manner beyond the expiry of Council Regulation (EC) No 975/1999 of 29 April 1999 laying down the requirements for the implementation of development cooperation operations which contribute to the general objective of developing and consolidating democracy and the rule of law and to that of respecting human rights and fundamental freedoms (9) and Council Regulation (EC) No 976/1999 of 29 April 1999 laying down the requirements for the implementation of Community operations, other than those of development cooperation, which, within the framework of Community cooperation policy, contribute to the general objective of developing and consolidating democracy and the rule of law and to that of respecting human rights and fundamental freedoms in third countries (10), which served as the legal base for the European Initiative for Democracy and Human Rights and which expire by 31 December 2006, there is a need for specific financial resources and a specific financing instrument that can continue to work in an independent manner whilst remaining complementary to and reinforcing related Community instruments for external assistance, the Partnership Agreement between the Members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part (11), and humanitarian aid.
(11)
Community assistance under this Regulation is designed to complement the various other tools for implementation of EU policies on democracy and human rights, which range from political dialogue and diplomatic demarches to various instruments of financial and technical cooperation, including both geographic and thematic programmes. It will also complement the more crisis-related interventions of the Instrument for Stability.
(12)
In particular, in addition and complementary to the measures agreed with partner countries in the context of the cooperation pursued under the Instrument for Pre-accession Assistance, the European Neighbourhood and Partnership Instrument, the Development Cooperation Instrument, the Cotonou Agreement with ACP countries, the Instrument for Cooperation with Industrialised Countries and other high-income countries and territories and the Instrument for Stability, the Community provides assistance under this Regulation that addresses global, regional, national and local human rights and democratisation issues in partnership with civil society understood to span all types of social action by individuals or groups that are independent from the state and active in the field of human rights and democracy promotion.
(13)
Furthermore, whilst democracy and human rights objectives must be increasingly mainstreamed in all external assistance financing instruments, Community assistance under this Regulation will have a specific complementary and additional role by virtue of its global nature and its independence of action from the consent of third country governments and other public authorities. This makes possible cooperation with civil society on sensitive human rights and democracy issues, including migrants' enjoyment of human rights, rights of asylum seekers and internally displaced persons, providing the flexibility to respond to changing circumstances or to support innovation. It also provides a Community capacity to articulate and support specific objectives and measures at international level which are neither geographically linked nor crisis related and which may require a transnational approach or involve operations both within the Community and in a range of third countries. It provides the necessary framework for operations, such as support to independent EU election observation missions requiring policy coherence, a unified management system and common operating standards.
(14)
Developing and consolidating democracy under this Regulation should include democratic parliaments and their capacity to support and advance democratic reform processes. National parliaments need therefore to be included as eligible bodies for funding under this Regulation when this is necessary in order to achieve its objectives, unless the proposed measure can be financed under a related Community external assistance instrument.
(15)
The ‘Guidelines for strengthening operational coordination between the Community, represented by the Commission, and the Member States in the field of external assistance’ of 21 January 2001 emphasise the need for enhanced coordination of EU external assistance in the fields of supporting democratisation and promoting respect for human rights and fundamental freedoms worldwide. The Commission and Member States should ensure that their respective assistance measures are complementary and coherent, avoiding overlapping and duplication. The Commission and Member States should seek closer coordination with other donors. Community policy in the sphere of development cooperation should be complementary to the policies pursued by the Member States.
(16)
The relevance and scope of Community assistance in promoting democracy and human rights calls for the Commission to seek regular and frequent exchanges of information with the European Parliament.
(17)
The Commission needs to consult representatives of civil society, as well as other donors and actors, as early as appropriate in the programming process in order to facilitate their respective contributions and to ensure that assistance activities are as complementary to each other as possible.
(18)
The Community needs to be able to respond rapidly to unforeseen needs and in exceptional circumstances in order to enhance the credibility and effectiveness of its commitment to the promotion of democracy and human rights in countries where such situations arise. This requires that the Commission have the possibility to decide on Special Measures not covered by Strategy Papers. This assistance management instrument corresponds to those included in the other external assistance financing instruments.
(19)
The Community should also be able to respond in a flexible and timely manner to the specific needs of human rights defenders by means of ad hoc measures which are not subject to calls for proposals. Moreover, eligibility of entities which do not have legal personality under the applicable national law is also possible under the conditions of the Financial Regulation.
(20)
This Regulation establishes a financial envelope for the period 2007-2013 which constitutes the prime reference amount for the budgetary authority according to point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (12).
(21)
Financial support needs to be secured for the European Inter-University Centre for Human Rights and Democratisation, providing a European Masters Degree in Human Rights and Democratisation and an EU-UN Fellowship Programme, beyond the expiry by the end of 2006 of Decision No 791/2004/EC of the European Parliament and of the Council of 21 April 2004 establishing a Community action programme to promote bodies active at European level and support specific activities in the field of education and training (13), which served as the legal basis for funding.
(22)
European Union Election Observation Missions contribute significantly and successfully to democratic processes in third countries (14). However, the promotion of democracy extends far beyond the electoral process alone. Expenditure for EU Election Observation Missions should therefore not take up a disproportionate amount of the total funding available under this Regulation.
(23)
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 (15).
(24)
In accordance with the principle of proportionality, it is necessary and appropriate for the achievement of the basic objectives of this Regulation to lay down rules on a European Instrument for Democracy and Human Rights. This Regulation does not go beyond what is necessary in order to achieve the objective pursued, in accordance with the third paragraph of Article 5 of the Treaty,
HAVE ADOPTED THIS REGULATION:
TITLE I
OBJECTIVES AND SCOPE
Article 1
Objectives
1. This Regulation establishes a European Instrument for Democracy and Human Rights under which the Community shall provide assistance, within the framework of the Community's policy on development cooperation, and economic, financial and technical cooperation with third countries, consistent with the European Union's foreign policy as a whole, contributing to the development and consolidation of democracy and the rule of law, and of respect for all human rights and fundamental freedoms.
2. Such assistance shall aim in particular at
(a)
enhancing the respect for and observance of human rights and fundamental freedoms, as proclaimed in the Universal Declaration of Human Rights and other international and regional human rights instruments, and promoting and consolidating democracy and democratic reform in third countries, mainly through support for civil society organisations, providing support and solidarity to human rights defenders and victims of repression and abuse, and strengthening civil society active in the field of human rights and democracy promotion;
(b)
supporting and strengthening the international and regional framework for the protection, promotion and monitoring of human rights, the promotion of democracy and the rule of law, and reinforcing an active role for civil society within these frameworks;
(c)
building confidence in and enhancing the reliability of electoral processes, in particular through election observation missions, and through support for local civil society organisations involved in these processes.
Article 2
Scope
1. Having regard to Articles 1 and 3, Community assistance shall relate to the following fields:
(a)
promotion and enhancement of participatory and representative democracy, including parliamentary democracy, and the processes of democratisation, mainly through civil society organisations, inter alia in:
i)
promoting freedom of association and assembly, unhindered movement of persons, freedom of opinion and expression, including artistic and cultural expression, independent media, unimpeded access to information, and measures to combat administrative obstacles to the exercise of these freedoms, including the fight against censorship;
ii)
strengthening the rule of law, promoting the independence of the judiciary, encouraging and evaluating legal and institutional reforms, and promoting access to justice;
iii)
promoting and strengthening the International Criminal Court, ad hoc international criminal tribunals and the processes of transitional justice and truth and reconciliation mechanisms;
iv)
supporting reforms to achieve effective and transparent democratic accountability and oversight, including that of the security and justice sectors, and encouraging measures against corruption;
v)
promoting political pluralism and democratic political representation, and encouraging political participation by citizens, in particular marginalised groups, in democratic reform processes at local, regional and national level;
vi)
promoting the equal participation of men and women in social, economic and political life, and supporting equality of opportunity, and the participation and political representation of women;
vii)
supporting measures to facilitate the peaceful conciliation of group interests, including support for confidence-building measures relating to human rights and democratisation.
(b)
the promotion and protection of human rights and fundamental freedoms, as proclaimed in the Universal Declaration of Human rights and other international and regional instruments concerning civil, political, economic, social and cultural rights, mainly through civil society organisations, relating to inter alia:
i)
the abolition of the death penalty, prevention of torture, ill-treatment and other cruel, inhuman and degrading treatment or punishment, and the rehabilitation of victims of torture;
ii)
support for, protection of, and assistance to human rights defenders, in terms of Article 1 of the UN Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms;
iii)
the fight against racism and xenophobia, and discrimination based on any ground including sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation;
iv)
the rights of indigenous peoples and the rights of persons belonging to minorities and ethnic groups;
v)
the rights of women as proclaimed in the Convention on the Elimination of All Forms of Discrimination against Women and its Optional Protocols, including measures to combat female genital mutilation, forced marriages, crimes of honour, trafficking, and any other form of violence against women;
vi)
the rights of the child, as proclaimed in the Convention on the Rights of the Child and its Optional Protocols, including the fight against child labour, child trafficking and child prostitution, and the recruitment and use of child soldiers;
vii)
the rights of persons with disabilities;
viii)
the promotion of core labour standards and corporate social responsibility;
ix)
education, training and monitoring in the area of human rights and democracy, and in the area covered by paragraph 1(a)(vii);
x)
support for local, regional, national or international civil society organisations involved in the protection, promotion or defence of human rights and in measures referred to in paragraph 1(a)(vii);
(c)
the strengthening of the international framework for the protection of human rights, justice, the rule of law and the promotion of democracy, in particular by
i)
providing support for international and regional instruments concerning human rights, justice, the rule of law and democracy;
ii)
fostering cooperation of civil society with international and regional intergovernmental organisations, and supporting civil society activities aimed at promoting and monitoring the implementation of international and regional instruments concerning human rights, justice, the rule of law and democracy;
iii)
promoting observance of international humanitarian law;
(d)
building confidence in and enhancing the reliability and transparency of democratic electoral processes, in particular
i)
through deployment of European Union Election Observation Missions;
ii)
through other measures of monitoring electoral processes;
iii)
by contributing to developing electoral observation capacity of civil society organisations at regional and local level, and supporting their initiatives to enhance participation in, and the follow-up to, the electoral process
iv)
by supporting measures aimed at implementing recommendations of European Union Election Observation Missions, in particular through civil society organisations.
2. The promotion and protection of gender equality, the rights of the child, rights of indigenous peoples, rights of persons with disabilities, and principles such as empowerment, participation, non-discrimination of vulnerable groups and accountability shall be taken into account whenever relevant by all assistance measures referred to in this Regulation.
3. The assistance measures referred to in this Regulation shall be implemented in the territory of third countries or shall be directly related to situations arising in third countries, or shall be directly related to global or regional actions.
Article 3
Complementarity and Coherence of Community Assistance
1. Community assistance under this Regulation shall be consistent with the framework of the Community's policy on development cooperation and with the European Union's foreign policy as a whole, and complementary to that provided for under related Community instruments for external assistance and the Partnership Agreement between the Members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, on the other part. Complementary Community assistance under this Regulation shall be provided to reinforce action under the related external assistance instruments.
2. The Commission shall ensure that measures adopted under this Regulation are consistent with the Community's overall strategic policy framework and in particular with the objectives of the above instruments, as well as with other relevant Community measures.
3. In order to enhance the effectiveness and consistency of Community and Member States assistance measures, the Commission shall ensure close coordination between its own activities and those of the Member States, both at decision-making level and on the ground. Coordination shall involve regular consultations and frequent exchanges of relevant information, including with other donors, during the different phases of the assistance cycle, in particular at field level.
4. The Commission shall inform and have regular exchanges of views with the European Parliament.
5. The Commission shall seek regular exchanges of information with civil society, at all levels, including in third countries.
TITLE II
IMPLEMENTATION
Article 4
General framework for implementation
Community assistance under this Regulation shall be implemented through the following measures:
a)
Strategy Papers and revisions thereof as appropriate;
b)
Annual Action Programmes;
c)
Special Measures;
d)
Ad hoc Measures.
Article 5
Strategy Papers and Revisions
1. Strategy Papers shall set out the Community's strategy for Community assistance under this Regulation, the Community's priorities, the international situation and the activities of the main partners. They shall be consistent with the overall purpose, objectives, scope, and principles of this Regulation.
2. Strategy Papers shall set out the priority areas selected for financing by the Community, the specific objectives, the expected results and the performance indicators. They shall also give the indicative financial allocation, both overall and per priority area; this may be given in the form of a range, where appropriate.
3. Strategy Papers, and any revisions or extensions thereof, shall be adopted in accordance with the procedure laid down in Article 17(2). They shall cover no more than the period of validity of this Regulation. Strategy Papers shall be reviewed at mid-term, or ad hoc if necessary.
4. The Commission and Member States shall exchange information and consult each other, as well as other donors and actors including representatives of civil society, at an early stage of the programming process in order to promote complementarity among their cooperation activities.
Article 6
Annual Action Programmes
1. Notwithstanding Article 7, the Commission shall adopt Annual Action Programmes based on the Strategy Papers and Revisions referred to in Article 5.
2. Annual Action Programmes shall specify the objectives pursued, the fields of intervention, the expected results, the management procedures and the total amount of financing planned. They shall take into account lessons learned from past implementation of Community assistance. They shall contain a description of the operations to be financed, an indication of the amounts allocated for each operation and an indicative implementation timetable. Objectives shall be measurable and have time-bound benchmarks.
3. Annual Action Programmes, and any revisions or extensions thereof, shall be adopted in accordance with the procedure laid down in Article 17(2). In cases where amendments to Annual Action Programmes do not exceed 20 % of the global amount allocated to them, such amendments shall be adopted by the Commission. It shall inform the Committee referred to in Article 17(1) thereof.
4. In case an Annual Action Programme has not yet been adopted, the Commission may exceptionally, on the basis of the Strategy Papers referred to in Article 5, adopt measures not provided for in an Annual Action Programme under the same rules and procedures as for Annual Action Programmes.
Article 7
Special Measures
1. Notwithstanding Article 5, in the event of unforeseen and duly justified needs or exceptional circumstances, the Commission may adopt Special Measures not covered in the Strategy Papers.
2. Special Measures shall specify the objectives pursued, the areas of activity, the expected results, the management procedures and the total amount of financing. They shall contain a description of the operations to be financed, an indication of the amounts allocated for each operation and the indicative timetable for their implementation. They shall include a definition of the type of performance indicators that will have to be monitored when implementing the special measures.
3. Where the cost of such measures is equal to or exceeds EUR 3 000 000, the Commission shall adopt them in accordance with the procedure laid down in Article 17(2).
4. For Special Measures costing below EUR 3 000 000, the Commission shall send the measures to the European Parliament and the Member States for information within 10 working days of adopting its decision.
Article 8
Support measures
1. Community financing under this Regulation may cover expenditure associated with the preparation, follow-up, monitoring, audit and evaluation activities directly necessary for the implementation of this Regulation and the achievement of its objectives, such as studies, meetings, information, awareness-raising, training and publication activities, including training and educational measures for partners from civil society, expenditure associated with computer networks for the exchange of information, and any other administrative or technical assistance expenditure necessary for the management of the programme. It may also cover expenditure, where appropriate, for actions to highlight the Community character of the assistance measures, and for activities to explain the objectives and results of assistance measures to the general public in the countries concerned.
2. Community financing shall also cover expenditure at Commission delegations on the administrative support needed to manage operations financed under this Regulation.
3. The Commission shall adopt Support Measures not covered by Strategy Papers as referred to in Article 5 in accordance with Article 7(3) and (4).
Article 9
Ad hoc Measures
1. Notwithstanding Article 5, the Commission may allocate small grants on an ad hoc basis to human rights defenders responding to urgent protection needs.
2. The Commission shall regularly inform the European Parliament and the Member States of the ad hoc measures carried out.
Article 10
Eligibility
1. Without prejudice to Article 14, the following bodies and actors operating on an independent and accountable basis shall be eligible for funding under this Regulation for the purposes of implementing the assistance measures referred to in Articles 6, 7 and 9:
a)
civil society organisations, including non-governmental non-profit organisations and independent political foundations, community based organisations, and private sector non-profit agencies, institutions and organisations, and networks thereof at local, national, regional and international level;
b)
public sector non-profit agencies, institutions and organisations and networks at local, national, regional, and international level;
c)
national, regional and international parliamentary bodies, when this is necessary to achieve the objectives of this instrument and unless the proposed measure can be financed under a related Community external assistance instrument;
d)
international and regional inter-governmental organisations;
e)
natural persons when this is necessary to achieve the objectives of this Regulation.
2. Other bodies or actors not listed in paragraph 1 can be financed, exceptionally and in duly justified cases, provided this is necessary to achieve the objectives of this Regulation.
Article 11
Management Procedures
1. The assistance measures financed under this Regulation shall be implemented in accordance with Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (16) and any revision thereof on a centralised basis or by joint management with international organisations in accordance with Article 53(1) of that Regulation.
2. In the event of co-financing and in other duly justified cases, the Commission may, in accordance with Article 54 of Regulation (EC, Euratom) No 1605/2002, decide to entrust tasks of public authority, and in particular budget implementation tasks, to bodies referred to in Article 54(2)(c) of that Regulation.
Article 12
Budget commitments
1. Budget commitments shall be made on the basis of decisions taken by the Commission in accordance with Articles 6, 7, 8 and 9.
2. Community financing may take one of the following legal forms, inter alia:
a)
grant agreements, grant decisions or contribution agreements;
b)
agreements pursuant to Article 54 of Regulation (EC, Euratom) No 1605/2002;
c)
procurement contracts;
d)
employment contracts.
Article 13
Types of financing
1. Community financing may take the following forms:
a)
projects and programmes;
b)
grants to finance projects submitted by international and regional inter-governmental organisations as referred to in Article 10(1)(d);
c)
small grants to human rights defenders as referred to in Article 2(1)(b)(ii) to finance urgent protection measures under Article 9(1);
d)
grants to support operating costs of the Office of the UN High Commissioner for Human Rights;
e)
grants to support operating costs of the European Inter-University Centre for Human Rights and Democratisation (EIUC), in particular for the European Master's Degree Programme in Human Rights and Democratisation and the EU-UN Fellowship Programme, fully accessible to nationals of third countries, as well as other education, training and research activities promoting human rights and democratisation;
f)
contributions to international funds, such as those managed by international or regional organisations;
g)
human and material resources for effective implementation of European Union Election Observation Missions;
h)
public contracts as defined in Article 88 of Regulation (EC, Euratom) No 1605/2002.
2. Measures financed under this Regulation are eligible for cofinancing from the following, in particular from:
a)
Member States and their local authorities, and in particular their public and parastatal agencies;
b)
other donor countries, and in particular their public and parastatal agencies;
c)
international and regional inter-governmental organisations;
d)
companies, firms, other private organisations and business, trade unions, trade union federations, and other non-state actors.
3. In the case of parallel co-financing, the project or programme is to be split into a number of clearly identifiable components, which are each financed by different partners providing co-financing in such a way that the end-use of the financing can always be identified. In the case of joint co-financing, the total cost of the project or programme is to be shared between the partners providing the co-financing and resources are pooled in such a way that it is not possible to identify the source of funding for any given activity undertaken as part of the project or programme.
4. In the case of joint co-financing, the Commission may receive and manage funds on behalf of the bodies referred to in paragraph 2 (a), (b), and (c), for the purpose of implementing joint measures. Such funds shall be dealt with as assigned revenue in accordance with Article 18 of Regulation (EC, Euratom) No 1605/2002.
5. In the event of co-financing and in other duly justified cases, the Commission may entrust tasks of public authority, and in particular budget implementation tasks, to bodies referred to in Article 54(2)(c) of Regulation (EC) No 1605/2002.
6. Community assistance shall not be used for paying taxes, duties or charges in beneficiary countries.
Article 14
Rules of participation and rules of origin
1. Participation in the award of procurement or grant contracts financed under this Regulation shall be open to all natural persons who are nationals of or legal persons who are established in a Member State of the Community, in an accession or official candidate country as recognised by the European Community or in a Member State of the European Economic Area.
Participation in the award of procurement or grant contracts financed under this Regulation shall be open to all natural persons who are nationals of or legal persons who are established in a developing country, as specified by the Development Assistance Committee of the Organization for Economic Cooperation and Development (OECD/DAC), in addition to natural or legal persons eligible by virtue of this Regulation. The Commission shall publish and update the list of developing countries established by the OECD/DAC in accordance with regular reviews of this list and inform the Council thereof.
2. Participation in the award of procurement or grant contracts financed under this Regulation shall also be open to all natural persons who are nationals of or legal persons who are established in any country other than those referred to in paragraph 1, where reciprocal access to their external assistance has been established. Reciprocal access shall be granted whenever a country grants eligibility on equal terms to the Member States and to the recipient country concerned.
Reciprocal access shall be established by means of a specific decision concerning a given country or a given regional group of countries. Such a decision shall be adopted in accordance with the procedure laid down in Article 17(2) and shall be in force for a minimum period of one year.
3. Participation in the award of grants and public contracts financed under this Regulation shall be open to international organisations.
4. The provisions of paragraphs 1, 2 and 3 are without prejudice to the participation of categories of eligible organisations by nature or by localization in regard to the objectives of the action to carry out.
5. Experts may be of any nationality. This is without prejudice to the qualitative and financial requirements set out in the Community's procurement rules.
6. If measures financed under this Regulation are implemented on a centralised basis and indirectly by delegation to specialised Community bodies, international or national public sector bodies, or bodies governed by private law with a public service mission in accordance with Article 54(2)(c) of Regulation (EC, Euratom) No 1605/2002, participation in the public procurement and grant award procedures of the managing entity shall be open to natural persons who are nationals of the countries having access to Community contracts and grants in accordance with the principles set out in paragraph 1 of this Article, and of any other country eligible under the rules and procedures of the managing entity, and to legal persons which are established in those countries.
7. Whenever Community assistance covers an operation implemented through an international organisation, participation in the appropriate contractual procedures shall be open to all natural persons and legal persons who are eligible pursuant to this Article, as well as to all natural persons and legal persons who are eligible pursuant to the rules of that organisation, care being taken to ensure that equal treatment is afforded to all donors. The same rules shall apply in respect of supplies, materials and experts.
8. Whenever Community funding covers an operation co-financed with a third country, subject to reciprocity, or with a regional organisation, or with a Member State, participation in the appropriate contractual procedures shall be open to all natural persons and legal persons who are eligible pursuant to this Article as well as to all natural persons and legal persons who are eligible under the rules of such third country, regional organisation or Member State. The same rules shall apply in respect of supplies, materials and experts.
9. All supplies and materials purchased under a contract financed under this Regulation must originate from the Community or from an eligible country as defined in paragraphs 1 and 2. The term ‘origin’ for the purpose of this Regulation is defined in the relevant Community legislation on rules of origin for customs purposes.
10. The Commission may, in duly substantiated cases, authorise the participation of natural and legal persons either from countries having traditional economic, trade or geographical links with neighbouring countries, or from other third countries, and the purchase and use of supplies and materials of different origin.
11. Derogations may be justified on the basis of the unavailability of products and services in the markets of the countries concerned, for reasons of extreme urgency, or if the eligibility rules would make the realisation of a project, a programme or an action impossible or exceedingly difficult.
12. Tenderers who have been awarded contracts shall respect internationally agreed core labour standards, such as the International Labour Organization's core labour standards, conventions on freedom of association and collective bargaining, elimination of forced and compulsory labour, elimination of discrimination in respect of employment and occupation, and the abolition of child labour.
Article 15
Protection of the financial interests of the Community
1. Any agreement or contract resulting from the implementation of this Regulation shall contain provisions ensuring the protection of the Community's financial interests, in particular with respect to fraud, corruption and any other irregularities in accordance with Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (17), Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (18), and Regulation (EC, Euratom) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (19).
2. Agreements and contracts shall expressly entitle the Commission and the Court of Auditors to have the power of audit, on the basis of documents and on-the-spot, over all contractors and subcontractors who have received Community funds. They shall also expressly authorise the Commission to carry out on-the-spot checks and inspections, as provided for in Regulation (Euratom, EC) No 2185/96.
Article 16
Evaluation
1. The Commission shall regularly monitor and review its programmes, and evaluate the effectiveness, coherence and consistency of programming, where appropriate by means of independent external evaluations, in order to ascertain whether the objectives have been met and to enable it to formulate recommendations with a view to improving future operations. Proposals by the European Parliament or the Council for independent external evaluations shall be taken into due account.
2. The Commission shall send its evaluation reports to the Committee referred to in Article 17(1) and to the European Parliament for information. Member States may request discussion of specific evaluations in the Committee referred to in Article 17(1). The results shall feed back into programme design and resource allocation.
3. The Commission shall associate all stakeholders as appropriate in the evaluation phase of Community assistance provided under this Regulation. Joint evaluations with Member States, international organisations or other bodies shall be encouraged.
TITLE III
FINAL PROVISIONS
Article 17
Committee
1. The Commission shall be assisted by a Democracy and Human Rights Committee, hereinafter referred to as ‘the Committee’.
2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. The period provided for in Article 4(3) of Decision 1999/468/EC shall be 30 days.
3. The Committee shall adopt its rules of procedure.
Article 18
Annual Report
1. The Commission shall examine progress achieved in implementing the assistance measures undertaken pursuant to this Regulation and shall submit to the European Parliament and to the Council an annual report on the implementation and results and, as far as possible, main outcomes and impacts of the assistance. The report shall be an integral part of the Annual Report on European Community development policy implementation and implementation of external assistance and of the EU Annual Report on Human Rights.
2. The annual report shall contain information relating to the previous year on the measures financed, the results of monitoring and evaluation exercises, the involvement of the relevant partners, and the implementation of budget commitments and payments, broken down according to global, regional, and country measures, and fields of assistance. It shall assess the results of assistance, using as far as possible specific and measurable indicators of its role in meeting the objectives of this Regulation.
Article 19
Financial envelope
The financial envelope for the implementation of this Regulation for the period 2007-2013 shall be EUR 1 104 000 000. Annual appropriations shall be authorised by the budgetary authority within the limits of the Financial Framework 2007 - 2013.
Article 20
Review
Not later than 31 December 2010, the Commission shall submit to the European Parliament and to the Council a report evaluating the implementation of this Regulation in the first three years with, if appropriate, a legislative proposal introducing the necessary modifications to this Regulation.
Article 21
Entry into force
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2007 until 31 December 2013.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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Commission Regulation (EC) No 374/2004
of 27 February 2004
determining the world market price for unginned cotton
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Protocol 4 on cotton, annexed to the Act of Accession of Greece, as last amended by Council Regulation (EC) No 1050/2001(1),
Having regard to Council Regulation (EC) No 1051/2001 of 22 May 2001 on production aid for cotton(2), and in particular Article 4 thereof,
Whereas:
(1) In accordance with Article 4 of Regulation (EC) No 1051/2001, a world market price for unginned cotton is to be determined periodically from the price for ginned cotton recorded on the world market and by reference to the historical relationship between the price recorded for ginned cotton and that calculated for unginned cotton. That historical relationship has been established in Article 2(2) of Commission Regulation (EC) No 1591/2001 of 2 August 2001 laying down detailed rules for applying the cotton aid scheme(3). Where the world market price cannot be determined in this way, it is to be based on the most recent price determined.
(2) In accordance with Article 5 of Regulation (EC) No 1051/2001, the world market price for unginned cotton is to be determined in respect of a product of specific characteristics and by reference to the most favourable offers and quotations on the world market among those considered representative of the real market trend. To that end, an average is to be calculated of offers and quotations recorded on one or more European exchanges for a product delivered cif to a port in the Community and coming from the various supplier countries considered the most representative in terms of international trade. However, there is provision for adjusting the criteria for determining the world market price for ginned cotton to reflect differences justified by the quality of the product delivered and the offers and quotations concerned. Those adjustments are specified in Article 3(2) of Regulation (EC) No 1591/2001.
(3) The application of the above criteria gives the world market price for unginned cotton determined hereinafter,
HAS ADOPTED THIS REGULATION:
Article 1
The world price for unginned cotton as referred to in Article 4 of Regulation (EC) No 1051/2001 is hereby determined as equalling EUR 32,378/100 kg.
Article 2
This Regulation shall enter into force on 28 February 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 February 2004. | [
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COMMISSION REGULATION (EU) No 1253/2009
of 18 December 2009
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 19 December 2009.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COMMISSION DECISION of 4 August 1997 on the approval of the single programming document for Community structural assistance in the region of Midi-Pyrénées concerned by Objective 2 in France (Only the French text is authentic) (97/777/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 4253/88 of 19 December 1988 laying down provisions for implementing Regulation (EEC) No 2052/88 as regards coordination of activities of the different Structural Funds between themselves and with the operations of the European Investment Bank and the other existing financial instruments (1), as last amended by Regulation (EC) No 3193/94 (2), and in particular Article 10 (1) last subparagraph thereof,
After consultation of the Advisory Committee on the Development and Conversion of Regions and the Committee pursuant to Article 124 of the Treaty,
Whereas the programming procedure for structural assistance under Objective 2 is defined in Article 9 (6) to 9 (10) of Council Regulation (EEC) No 2052/88 of 24 June 1988 on the tasks of the Structural Funds and their effectiveness and on coordination of their activities between themselves and with the operations of the European Investment Bank and the other existing financial instruments (3), as last amended by Regulation (EC) No 3193/94; whereas however the last subparagraph of Article 5 (2) of Regulation (EEC) No 4253/88 foresees that in order to simplify and to speed up programming procedures, Member States may submit in a single programming document the information required for the regional and social conversion plan referred to in Article 9 (8) of Regulation (EEC) No 2052/88 and the information required at Article 14 (2) of Regulation (EEC) No 4253/88; whereas Article 10 (1) last subparagraph of Regulation (EEC) No 4253/88 foresees that in that case the Commission adopt a single decision in a single document covering the points referred to in Article 8 (3) and the assistance from the Funds referred to in the last subparagraph of Article 14 (3);
Whereas the Commission has established, by Decision 96/472/EC (4), the list of declining industrial areas concerned by Objective 2 for the programming period from 1997 to 1999;
Whereas the global maximum allocation foreseen for the assistance of the Structural Funds for the present single programming document is composed of resources coming from the indicative allocation of Structural Fund commitment appropriations for the period 1997 to 1999 under Objective 2 resulting from Commission Decision 96/468/EC (5) and from unused appropriations of ECU 1,832 million of the corresponding single programming document covering the period 1994 to 1996, pursuant to Commission Decision C(96) 3161 of 9 December 1996;
Whereas the French Government has submitted to the Commission on 16 December 1996 the single programming document as referred to in Article 5 (2) of Regulation (EEC) No 4253/88 for the region of Midi-Pyrénées; whereas this document contains the elements referred to in Article 9 (8) of Regulation (EEC) No 2052/88 and in Article 14 (2) of Regulation (EEC) No 4253/88; whereas expenditure under this single programming document is eligible as from that date;
Whereas the single programming document submitted by this Member State includes a description of the conversion priorities selected and the applications for assistance from the European Regional Development Fund (ERDF) and the European Social Fund (ESF) as well as an indication of the planned use of the assistance available from the European Investment Bank (EIB) and the other financial instruments in implementing the single programming document;
Whereas, in accordance with Article 3 of Regulation (EEC) No 4253/88, the Commission is charged with ensuring, within the framework of the partnership, coordination and consistency between assistance from the Funds and assistance provided by the EIB and the other financial instruments;
Whereas the EIB has been involved in the drawing up of the single programming document in accordance with the provisions of Article 8 (1) of Regulation (EEC) No 4253/88, applicable by analogy in the establishment of the single programming document; whereas it has declared itself prepared to contribute to the implementation of this document in conformity with its statutory provisions; whereas, however, it has not yet been possible to evaluate precisely the amounts of Community loans corresponding to the financial needs;
Whereas Article 2 second subparagraph of Commission Regulation (EEC) No 1866/90 of 2 July 1990 on arrangements for using the ecu for the purpose of the budgetary management of the Structural Funds (6), as last amended by Regulation (EC) No 2745/94 (7), stipulates that in the Commission decisions approving a single programming document, the Community assistance available for the entire period and the annual breakdown thereof shall be set out in ecus at prices for the year in which each decision is taken and shall be subject to indexation; whereas this annual breakdown must be compatible with the progressive increase in the commitment appropriations shown in Annex II to Regulation (EEC) No 2052/88; whereas indexation is based on a single rate per year, corresponding to the rates applied annually to budget appropriations on the basis of the mechanism for the technical adjustment of the financial perspectives;
Whereas Article 1 of Council Regulation (EEC) No 4254/88 of 19 December 1988 laying down provisions for implementing Regulation (EEC) No 2052/88 as regards the European Regional Development Fund (8), as amended by Regulation (EEC) No 2083/93 (9), defines the measures for which the ERDF may provide financial support;
Whereas Article 1 of Council Regulation (EEC) No 4255/88 of 19 December 1988 laying down provisions for implementing Regulation (EEC) No 2052/88 as regards the European Social Fund (10), as amended by Regulation (EEC) No 2084/93 (11), defines the measures for which the ESF may provide financial support;
Whereas the single programming document has been established in agreement with the Member State concerned through the partnership defined in Article 4 of Regulation (EEC) No 2052/88;
Whereas the action constituting the measure C5 of this programming document is subject, on the part of the Commission and the Member State, to examination of a public contract award within the framework of the procedure provided for in Article 169 of the treaty; whereas consequently the financial commitments should be reduced by the amount corresponding to this measure, until the closure of this procedure.
Whereas Article 9 (3) of Regulation (EEC) No 4253/88 lays down that Member States shall provide the relevant financial information to the Commission to permit verification of the respect of the principle of additionality; whereas the analysis, in the framework of partnership, of the information provided for by the French authorities has not yet allowed this verification; whereas payments should therefore be suspended after the first advance provided for in Article 21 (2) of the said Regulation until the Commission has verified the respect of the additionality;
Whereas the present assistance satisfies the conditions laid down in Article 13 of Regulation (EEC) No 4253/88, and so should be implemented by means of an integrated approach involving finance from more than one Fund;
Whereas Article 1 of the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities (12), as last amended by Regulation (EC, Euratom, ECSC) No 2335/95 (13), states that the legal commitments entered into for measures extending over more than one financial year must contain a time limit for implementation which must be specified to the recipient in due form when the aid is granted;
Whereas it is appropriate to mention that this Decision is ruled by the provisions on the eligibility of expenditure laid down in the Annex to Commission Decision C(97) 1035/1 of 23 April 1997 modifying the decisions approving the Community support frameworks, the single programming documents and the Community initiative programmes in respect of France;
Whereas all the other conditions laid down for the grant of aid from the ERDF and the ESF have been complied with,
HAS ADOPTED THIS DECISION:
Article 1
The single programming document for Community structural assistance in the region of Midi-Pyrénées concerned by Objective 2 in France, covering the period 1 January 1997 to 31 December 1999, is hereby approved.
Article 2
The single programming document includes the following essential elements:
(a) a statement of the main priorities for joint action, their specific quantified objectives, an appraisal of their expected impact and their consistency with economic, social and regional policies in France;
the main priorities are:
1. consolidation of company structure,
2. strengthening of technological innovation,
3. upgrading of the territory,
4. economic diversification,
5. technical assistance;
(b) the assistance from the Structural Funds as referred to in Article 4;
(c) the detailed provisions for implementing the single programming document comprising:
- the procedures for monitoring and evaluation,
- the provisions on financial implementation,
- the rules for compliance with Community policies;
(d) the procedures for verifying additionality;
(e) the arrangements for associating the environmental authorities with the implementation of the single programming document;
(f) the means available for technical assistance necessary for the preparation, implementation or adaptation of the measures concerned.
Article 3
1. For the purpose of indexation, the annual breakdown of the global maximum allocation foreseen for the assistance from the Structural Funds is as follows:
TABLE
2. To this global maximum allocation is added an amount of ECU 1,832 million not subject to indexation, resulting from unused appropriations of the corresponding single programming document covering the period 1994 to 1996.
Article 4
The assistance from the Structural Funds granted to the single programming document amounts to a maximum of ECU 52,972 million.
The procedure for granting the financial assistance, including the financial contribution from the Funds to the various priorities and measures, is set out in the financing plan and the detailed implementing provisions which form an integral part of the single programming document.
The national financial contribution envisaged, which is approximately ECU 68,2 million for the public sector and ECU 54,1 million for the private sector, may be met in part by Community loans, in particular from the EIB.
Article 5
1. The breakdown among the Structural Funds of the total Community assistance available is as follows:
- ERDF: ECU 42,972 million,
- ESF: ECU 10,000 million.
2. The budgetary commitments for the first instalment are as follows:
- ERDF: ECU 12,185778 million,
- ESF: ECU 3,115000 million.
In accordance with the rules laid down in Article 7, these commitments do not include the amounts relating to the action constituting the measure C5 actually subject to examination within the framework of the procedure provided for in Article 169 of the treaty. The corresponding commitments will be made after the closure of this procedure.
Commitments of subsequent instalments will be based on the financing plan for the single programming document and on progress in its implementation.
3. Payments subsequent to the first advance provided for in Article 21 (2) of Regulation (EEC) No 4253/88 shall be subject to confirmation by the Commission of the respect of the principle of additionality on the basis of the relevant information supplied by the Member State.
Article 6
The breakdown among the Structural Funds and the procedure for the grant of the assistance may be altered subsequently, subject to the availability of funds and the budgetary rules, in the light of adjustments decided according to the procedure laid down in Article 25 (5) of Regulation (EEC) No 4253/88.
Article 7
This Decision is without prejudice to the Commission's position with regard to the outcome of the current procedure concerning the action referred to in the measure C5 of the single programming document, and consequently, the commitments which result from the implementation of the aforesaid action shall be reduced by the amount corresponding to this measure until the closure of the current procedure.
Article 8
The Community aid concerns expenditure on operations under the single programming document which, in the Member State concerned, are the subject of legally binding commitments and for which the requisite finance has been specifically allocated no later than 31 December 1999. The final date for taking account of expenditure on these measures is 31 December 2001.
Article 9
The single programming document shall be implemented in accordance with Community law, and in particular Articles 6, 30, 48, 52 and 59 of the Treaty and the Community Directives on the coordination of procedures for the award of contracts.
Article 10
This Decision is ruled by the provisions laid down in the Annex to Decision C(97) 1035/1.
Article 11
This Decision is addressed to the French Republic.
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COUNCIL DECISION
of 23 July 2007
on the conclusion of the Agreement in the form of an Exchange of Letters on the provisional application of the Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the Democratic Republic of São Tomé and Príncipe and the European Community for the period from 1 June 2006 to 31 May 2010
(2007/532/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 300(2) in conjunction with Article 37 thereof,
Having regard to the proposal from the Commission,
Whereas:
(1)
The Community and the Democratic Republic of São Tomé and Príncipe have negotiated and initialled a Fisheries Partnership Agreement providing Community fishermen with fishing opportunities in the waters falling within the sovereignty or jurisdiction of the Democratic Republic of São Tomé and Príncipe.
(2)
It is necessary to guarantee the pursuit of fishing activities between the date of expiry of the previous Protocol setting out the fishing opportunities off the coast of São Tomé and Príncipe and the date of entry into force of the new Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement.
(3)
To this end the Community and the Democratic Republic of São Tomé and Príncipe have initialled an Agreement in the form of an Exchange of Letters concerning the provisional application of the new Protocol.
(4)
It is in the Community's interest to approve that Agreement in the form of an Exchange of Letters.
(5)
The method for allocating the fishing opportunities among the Member States should be defined,
HAS DECIDED AS FOLLOWS:
Article 1
The Agreement in the form of an Exchange of Letters on the provisional application of the Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the Democratic Republic of São Tomé and Príncipe and the European Community for the period from 1 June 2006 to 31 May 2010 is hereby approved on behalf of the Community.
The text of the Agreement in the form of an Exchange of Letters is attached to this Decision.
Article 2
The Agreement shall apply provisionally from 1 June 2006.
Article 3
The fishing opportunities set out in the Protocol to the Fisheries Partnership Agreement shall be allocated among the Member States as follows:
Fishing category
Type of vessel
Member State
Licences or quota
Tuna fishing
Freezer tuna seiners
Spain
13
France
12
Tuna fishing
Surface longliners
Spain
13
Portugal
5
If licence applications from these Member States do not cover all the fishing opportunities laid down by the Protocol to the Fisheries Partnership Agreement, the Commission may take into consideration licence applications from any other Member State.
Article 4
The Member States whose vessels fish under this Agreement in the form of an Exchange of Letters shall notify the Commission of the quantities of each stock caught within São Tomé and Príncipe's fishing zone in accordance with Commission Regulation (EC) No 500/2001 of 14 March 2001 laying down detailed rules for the application of Council Regulation (EEC) No 2847/93 on the monitoring of catches taken by Community fishing vessels in third country waters and on the high seas (1).
Article 5
The President of the Council is hereby authorised to designate the persons empowered to sign the Agreement in the form of an Exchange of Letters in order to bind the Community.
Done at Brussels, 23 July 2007. | [
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COMMISSION REGULATION (EEC) No 1036/91 of 25 April 1991 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 Council Regulation (EEC) No 3412/90 of 19 November 1990 establishing ceilings and Community surveillance for imports of certain products originating in Yugoslavia (1991) (2), and in particular Article 1 thereof,
Whereas the abovementioned Protocol 1 and Article 15 of the Cooperation Agreement provide that the products listed in the Annex hereto are imported exempt of customs duty into the Community, subject to the annual ceiling shown in the Annex hereto, above which the customs duties applicable to third countries may be re-established;
Whereas imports into the Community of those products, originating in Yugoslavia, have reached that ceiling; whereas the situation on the Community market requires that cutoms duties applicable to third countries on the products in question be re-established,
HAS ADOPTED THIS REGULATION: Article 1
From 29 April to 31 December 1991, the levying of customs duties applicable to third countries shall be re-established on imports into the Community of the products listed in the Annex, originating in 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, 25 April 1991. | [
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Commission Regulation (EC) No 600/2001
of 27 March 2001
establishing unit values for the determination of the customs value of certain perishable goods
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code(1), as last amended by Regulation (EC) No 2700/2000 of the European Parliament and of the Council(2),
Having regard to Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code(3), as last amended by Regulation (EC) No 1602/2000(4), and in particular Article 173 (1) thereof,
Whereas:
(1) Articles 173 to 177 of Regulation (EEC) No 2454/93 provide that the Commission shall periodically establish unit values for the products referred to in the classification in Annex 26 to that Regulation.
(2) The result of applying the rules and criteria laid down in the abovementioned Articles to the elements communicated to the Commission in accordance with Article 173 (2) of Regulation (EEC) No 2454/93 is that unit values set out in the Annex to this Regulation should be established in regard to the products in question,
HAS ADOPTED THIS REGULATION:
Article 1
The unit values provided for in Article 173 (1) of Regulation (EEC) No 2454/93 are hereby established as set out in the table in the Annex hereto.
Article 2
This Regulation shall enter into force on 30 March 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 March 2001. | [
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COUNCIL DECISION
of 17 October 2005
implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Decision 2005/428/CFSP
(2005/722/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to Regulation (EC) No 2580/2001 of 27 December 2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism (1), and in particular Article 2(3) thereof,
Whereas:
(1)
On 6 June 2005 the Council adopted Decision 2005/428/CFSP implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Decision 2005/221/CFSP (2).
(2)
It has been decided to adopt an updated list of the persons, groups and entities to which Regulation (EC) No 2580/2001 applies,
HAS DECIDED AS FOLLOWS:
Article 1
The list provided for in Article 2(3) of Regulation (EC) No 2580/2001 shall be replaced by the following:
‘(…)’.
Article 2
Decision 2005/428/CFSP is hereby repealed.
Article 3
This Decision shall be published in the Official Journal of the European Union.
It shall take effect on the day of its publication.
Done at Luxembourg, 17 October 2005. | [
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*****
COUNCIL DECISION
of 29 September 1989
concerning the conclusion, on behalf of the European Economic Community, of the Framework Agreement for scientific and technical cooperation between the European Communities and the Republic of Iceland
(90/23/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 130q (2) thereof,
Having regard to the proposal from the Commission (1),
In cooperation with the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas, by its Decision 87/516/Euratom, EEC (4), as amended by Decision 88/193/Euratom, EEC (5), the Council adopted a framework programme for Community activities in the field of research and technological development (1987 to 1991) provided for under Article 130i of the Treaty;
Whereas the framework programme covers all Community actions in the field of research and technological development;
Whereas, in the implementation of the framework programme for Community activities in the field of research and technological development, provision may be made for cooperation with third countries, in accordance with Article 130n of the Treaty;
Whereas it is necessary to ensure that possible future specific agreements to be concluded with the Republic of Iceland under Article 130n of the Treaty be placed in an overall context and that, therefore, a Framework Agreement for scientific and technical cooperation between the European Communities and the Republic of Iceland should be approved,
HAS DECIDED AS FOLLOWS:
Article 1
The Framework Agreement for scientific and technical cooperation between the European Communities and the Republic of Iceland is hereby approved on behalf of the European Economic Community.
The text of the Framework Agreement is attached to this Decision.
Article 2
The President of the Council shall give the notification provided for in Article 12 of the Agreement on behalf of the European Economic Community.
Done at Brussels, 29 September 1989. | [
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*****
COMMISSION DECISION
of 19 February 1986
concerning animal health conditions and veterinary certification for the import of fresh meat from Cuba
(86/72/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 Article 16 thereof,
Whereas, following a Community veterinary mission, it appears that the animal health situation in Cuba is good, particulary as regards diseases transmissible through meat;
Whereas, in addition, the responsible veterinary authorities of Cuba have confirmed that Cuba has for at least 12 months been free from rinderpest and foot-and-mouth disease, and that no vaccinations have been carried out against those diseases during that time;
Whereas the responsible veterinary authorities of Cuba have undertaken to notify the Commission and the Member States, by telex or telegram, within 24 hours at the latest, of the confirmation of the occurrence of any of the abovementioned diseases or the adoption of vaccination against any of them;
Whereas animal health conditions and veterinary certification must be adapted according to the animal health situation of the non-member country concerned;
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. Member States shall authorize import from Cuba of fresh meat of domestic animals of the bovine species and of domestic solipeds conforming to the conditions laid down in an animal health certificate which corresponds to the Annex and which must accompany the consignment.
2. Member States shall not authorize import of categories of fresh meat from Cuba other than those mentioned in paragraph 1.
Article 2
This Decision shall not apply to imports of glands and organs authorized by the country of destination for pharmaceutical manufacturing purposes.
Article 3
This Decision shall apply with effect from 1 April 1986.
Article 4
This Decision is addressed to the Member States.
Done at Brussels, 19 February 1986. | [
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Council Decision
of 21 July 2003
on the fulfilment of the conditions laid down in Article 3 of Decision No 3/2002 of the EU-Poland Association Council of 23 October 2002 extending the period set in Article 8(4) of Protocol 2 on European Coal and Steel Community (ECSC) products to the Europe Agreement
(2003/588/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 87(3)(e) thereof,
Having regard to EU-Poland Association Council Decision No 3/2002 extending the period set in Article 8(4) of Protocol 2 on European Coal and Steel Community (ECSC) products to the Europe Agreement, and in particular Article 3 thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) A Europe Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Republic of Poland, of the other part(1), was signed on 16 December 1991.
(2) Article 8(4) of Protocol 2 to the above Europe Agreement lays down that during the first five years after entry into force of the Agreement, and by derogation from paragraph 1(iii) of the same Article, Poland may exceptionally, as regards steel products, grant public aid for restructuring purposes, provided that this leads to the viability of the benefiting firms under normal market conditions at the end of the restructuring period, that the amount and intensity of such aid are strictly limited to what is absolutely necessary in order to restore viability and that the aid is progressively reduced, and that the restructuring programme is linked to a global rationalisation and reduction of overall production capacity in Poland.
(3) The initial period of five years expired on 31 December 1996.
(4) Poland requested an extension of the abovementioned period in April 1997.
(5) It is appropriate to grant an extension of this period for an additional period of eight years starting on 1 January 1997 or until the date of Poland's accession to the European Union, whichever comes first.
(6) To this effect, on 23 October 2002, the EU-Poland Association Council adopted Decision No 3/2002 and it is provisionally applied from that date.
(7) Article 1 of EU-Poland Association Council Decision No 3/2002 granted an extension of the abovementioned period, subject to the fulfilment of conditions laid out in Articles 2 and 3.
(8) Under Article 2 of EU-Poland Association Council Decision No 3/2002 the extension of the abovementioned period is made conditional on the submission by Poland to the Commission of a restructuring programme and business plans for all companies included in the restructuring process which meet the requirements of Article 8(4) of Protocol 2 to the Europe Agreement and have been assessed and agreed by its national State aid monitoring authority (the Office for Competition and Consumer Protection).
(9) Protocol 8 on the restructuring of the Polish steel industry, annexed to the Treaty of Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic provides that State aid granted by Poland for restructuring purposes to specified parts of the Polish steel industry shall, under certain conditions, be deemed to be compatible with the common market; the first of those conditions is that the period provided for in Article 8(4) of Protocol 2 on ECSC products to the Europe Agreement has been extended until the date of accession. Paragraph 5 of the said Protocol 8 provides that any subsequent privatisation of any of the benefiting companies is to take place under the same conditions. Paragraph 6 of the said Protocol 8 provides that the restructuring aid granted to the benefiting companies is to be determined by the justifications set out in the approved Polish steel restructuring plan and individual plans as approved by the Council and is not to exceed PLN 3387070000. Paragraph 7 of the said Protocol sets out the minimum net capacity reductions to be achieved. Paragraphs 8 and 9 of the said Protocol provide for the implementation of business plans by the benefiting companies.
(10) In April 2003, Poland submitted to the Commission a restructuring programme and business plans which have been assessed and agreed by the Office for Competition and Consumer Protection. Under Article 3 of EU-Poland Association Council Decision No 3/2002, the extension of the abovementioned period is made conditional on a final assessment of the restructuring programme and business plans by the Commission.
(11) The Commission has made a final assessment of the restructuring programme and business plans submitted by Poland.
(12) The assessment indicates that restructuring aid is necessary to return certain companies in the Polish steel industry to viability.
(13) The assessment confirms that implementation of the restructuring programme and business plans will lead to the viability of the companies under normal market conditions by the end of the restructuring period, that the amount and intensity of aid should be strictly limited to what is absolutely necessary in order to reach this objective, that restructuring aid to the Polish steel industry should cease by the end of 2003, that the restructuring programme should be linked to a global rationalisation and reduction of overall production capacity in Poland and that the programme respects all the commitments agreed to in the Accession negotiations.
(14) The assessment therefore concludes that the restructuring programme and business plans submitted by Poland meet the requirements of Article 8(4) of Protocol 2 to the Europe Agreement and, at this stage, the conditions laid down in Protocol 8 to the Treaty of Accession.
(15) The conditions laid down in Articles 2 and 3 of EU-Poland Association Council Decision No 3/2002 are accordingly met,
HAS DECIDED AS FOLLOWS:
Sole Article
The restructuring programme and business plans submitted to the Commission by Poland on 4 April 2003 pursuant to Article 2 of EU-Poland Association Council Decision No 3/2002, with regard to an extension of the period laid down in Article 8(4) of Protocol 2 to the Europe Agreement are in compliance with the requirements of Article 8(4) of the said Protocol 2.
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*****
COMMISSION REGULATION (EEC) No 575/90
of 7 March 1990
fixing for the 1990 marketing year the Community offer prices for aubergines applicable with regard to Spain
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 3709/89 of 4 December 1989 laying down general rules for implementing the Act of Accession of Spain and Portugal as regards the compensation mechanism on exports of fruit and vegetables originating in Spain (1), and in particular Article 4 (1) thereof,
Whereas Commission Regulation (EEC) No 3815/89 (2), lays down detailed rules for the application of the compensation mechanism to imports of fruit and vegetables from Spain;
Whereas, pursuant to Article 152 of the Act of Accession, a compensation mechanism is to be introduced on imports into the Community as constituted at 31 December 1985, hereinafter referred to as the 'Community of Ten', from 1 January 1990, of fruit and vegetables from Spain for which a reference price is fixed with regard to third countries; whereas Community offer prices for aubergines coming from Spain should be fixed only during the period when reference prices are fixed with regard to third countries, that is to say from 1 April up to and including 31 October;
Whereas, in accordance with Article 152 (2) (a) of the Act of Accession, a Community offer price is to be calculated annually on the basis of the arithmetic mean of the producer prices in each Member State of the Community of Ten, plus transport and packaging costs incurred by the products from the production regions to the representative consumption centres of the Community and bearing in mind developments in the cost of production in the fruit and vegetable sector; whereas the abovementioned producer prices correspond to the average prices recorded during the three years preceding the date of fixing of the Community offer price; whereas, however, the annual Community offer price cannot exceed the reference price applied for third countries;
Whereas, in order to take account of seasonal variations in prices, it is necessary to provide for one or more periods for each Marketing year and to fix a Community offer price for each of them;
Whereas, in accordance with Article 1 of Regulation (EEC) No 3709/89, the producer prices to be used for the determination of the Community offer price are to be those of a domestic product defined by its commercial characteristics recorded on the representative market or markets located in the production areas where prices are lowest for products or varieties representing a considerable proportion of production marketed throughout the year or during a part thereof and which meet Quality Class I requirements and the conditions laid down as regards packaging; whereas the average price for each representative market must be established after disregarding prices which may be considered excessively high or excessively low compared with the normal fluctuations recorded on the market; whereas, moreover, if the average price for a Member State shows excessive variations it is necessary to apply compared with normal price fluctuations, it shall not be taken into account;
Whereas the abovementioned criteria to fix Community offer prices for aubergines for the period 1 April to 31 October 1990 ;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fruit and Vegetables,
HAS ADOPTED THIS REGULATION:
Article 1
For the 1990 marketing year, the Community offer prices for aubergines (CN code 0709 30 00) applicable with regard to Spain, expressed in ecus per 100 kilograms net of packed products of class I, of all sizes, shall be as follows:
- April: 80,11,
- May: 82,04,
- June: 77,89,
- July: 62,52,
- August: 42,91,
- September: 49,53,
- October: 54,03.
Article 2
This Regulation shall enter into force on 1 April 1990.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 March 1990. | [
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COMMISSION DECISION
of 7 July 1999
on a common technical Regulation for the attachment requirements for high speed circuit switched data (HSCSD) multislot mobile stations
(notified under document number C(1999) 2029)
(Text with EEA relevance)
(1999/511/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Directive 98/13/EC of the European Parliament and of the Council of 12 February 1998 relating telecommunications terminal equipment and satellite earth station equipment, including the mutual recognition of their conformity(1), and in particular Article 7(2), second indent, thereof,
(1) Whereas the Commission has adopted the measure identifying the type of terminal equipment for which a common technical regulation is required, as well as the associated scope statement according to Article 7(2), first indent of Directive 98/13/EC;
(2) Whereas the corresponding harmonised standards, or parts thereof, implementing the essential requirements which are to be transformed into common technical regulations should be adopted;
(3) Whereas in order to ensure continuity of access to markets for manufacturers, it is necessary to allow for transitional arrangements regarding equipment approved according to national type approval regulations;
(4) Whereas the proposal has been submitted to the Approvals Committee for Telecommunications Equipment (ACTE), according to Article 29(2);
(5) Whereas the common technical regulation to be adopted in this Decision is in accordance with the opinion of ACTE,
HAS ADOPTED THIS DECISION:
Article 1
1. This Decision shall apply to terminal equipment intended to be connected to a public telecommunications network and falling within the scope of the harmonised standard identified in Article 2(1).
2. This Decision establishes a common technical regulation covering the attachment requirements for high speed circuit switched data (HSCSD) multislot mobile stations.
Article 2
1. The common technical Regulation shall include the harmonised standard prepared by the relevant standardisation body implementing to the extent applicable the essential requirements referred to in Article 5(c) to (f) of Directive 98/13/EC. The reference to the standard is set out in the Annex.
2. Terminal equipment covered by this Decision shall comply with the common technical regulation referred to in paragraph 1 and to the extent applicable the technical regulations defined in Commission Decisions 98/574/EC(2) and 98/575/EC(3). In addition it shall meet the essential requirements referred to in Article 5(a) and (b) of Directive 98/13/EC, and shall meet the requirements of any other applicable Directives, in particular Council Directives 73/23/EEC(4) and 89/336/EEC(5).
Article 3
Notified bodies designated for carrying out the procedures referred to in Article 10 of Directive 98/13/EC shall, as regards terminal equipment covered by Article 1(1) of this Decision, use or ensure the use of the harmonised standard referred to in the Annex by the coming into force of this Decision
Article 4
This Decision is addressed to the Member States.
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*****
COMMISSION REGULATION (EEC) No 524/83
of 3 March 1983
on the classification of goods under subheading 84.22 B IV of the Common Customs Tariff
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 97/69 of 16 January 1969 on measures to be taken for uniform application of the nomenclature of the Common Customs Tariff (1), as last amended by the Act of Accession of Greece, and in particular Article 3 thereof,
Whereas, in order to ensure uniform application of the nomenclature of the Common Customs Tariff, provisions must be laid down concerning the tariff classification of a self-propelled container and pallet loader, used in airports for loading and unloading aircraft. It is composed mainly of:
- a lifting system consisting of two platforms each supported by a scissor lift and operated by hydraulic cylinders. The surface of the platforms is fitted with a belt conveyor and with powered rollers enabling longitudinal and transverse container and pallet transfer,
- a control platform,
- an internal combustion engine used for operating both the handling system and the propulsion system,
- a gearbox,
- brakes,
- stabilizers which function during handling operations;
Whereas the Common Customs Tariff annexed to Council Regulation (EEC) No 950/68 (2), as last amended by Council Regulation (EEC) No 3000/82 (3), classifies 'works trucks, mechanically propelled, of the types used in airports for short-distance transport or handling of goods' under heading No 87.07 and 'lifting, handling, loading or unloading machinery' under heading No 84.22;
Whereas these two headings merit consideration for the classification of the abovementioned vehicle;
Whereas the vehicle in question is not used, even over short distances, for the transport of containers or other goods; whereas it is placed, unloaded, next to the aircraft and used for handling containers and pallets during the loading and unloading of aircraft;
Whereas, consequently, this is not a works truck fitted with lifting equipment but a self-propelled lifting machine for loading and unloading;
Whereas, therefore, the machine in question must be classified under subheading 84.22 B IV of the Common Customs Tariff;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Committee on Common Customs Tariff Nomenclature,
HAS ADOPTED THIS REGULATION:
Article 1
A self-propelled container and pallet loader, used in airports for loading and unloading aircraft, composed mainly of:
- a lifting system consisting of two platforms each supported by a scissor lift and operated by hydraulic cylinders. The surface of the platforms is fitted with a belt conveyor and with powered rollers ensuring longitudinal and transverse container and pallet transfer,
- a control platform,
- an internal combustion engine used for operating both the handling system and the propulsion system,
- a gearbox,
- brakes,
- stabilizers which function during handling operations,
shall be classified in the Common Customs Tariff under subheading:
84.22 Lifting, handling, loading or unloading machinery, telphers and conveyors (for example, lifts, hoists, winches, cranes, transporter cranes, jacks,
pulley tackle, belt conveyors and teleferics), not being machinery falling within heading No 84.23:
B. Other:
IV. Other
Article 2
This Regulation shall enter into force on the 21st day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 March 1983. | [
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COUNCIL DECISION of 29 June 1995 appointing a member of the Court of Auditors (95/249/EC, Euratom, ECSC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 45b (3) thereof,
Having regard to the Treaty establishing the European Community, and in particular Article 188b (3) thereof,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 160b (3) thereof,
Having regard to the Treaty establishing a Single Council and a Single Commission of the European Communities, and in particular Article 22 thereof,
Having regard to the opinion of the European Parliament (1),
Whereas Mr Ole Warberg has resigned from office and he should be replaced, for the remainder of his term of office, without delay,
HAS DECIDED AS FOLLOWS:
Sole Article
Mr Joergen Mohr is hereby appointed a member of the Court of Auditors for the period 1 July 1995 to 9 February 2000 inclusive.
Done at Luxembourg, 29 June 1995. | [
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Commission Regulation (EC) No 43/2004
of 9 January 2004
fixing the maximum export refund on wholly milled and parboiled long-grain B rice destined for certain third countries in connection with the invitation to tender issued in Regulation (EC) No 1877/2003
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3072/95 of 22 December 1995 on the common organisation of the market in rice(1), as last amended by Commission Regulation (EC) No 411/2002(2), and in particular Article 13(3) thereof,
Whereas:
(1) An invitation to tender for the export refund on rice was issued pursuant to Commission Regulation (EC) No 1877/2003(3).
(2) Article 5 of Commission Regulation (EEC) No 584/75(4), as last amended by Regulation (EC) No 1948/2002(5), allows the Commission to fix, in accordance with the procedure laid down in Article 22 of Regulation (EC) No 3072/95 and on the basis of the tenders submitted, a maximum export refund. In fixing this maximum, the criteria provided for in Article 13 of Regulation (EC) No 3072/95 must be taken into account. A contract is awarded to any tenderer whose tender is equal to or less than the maximum export refund.
(3) The application of the abovementioned criteria to the current market situation for the rice in question results in the maximum export refund being fixed at the amount specified in Article 1.
(4) To ensure the more balanced management of quantities exported with a refund, an allocation coefficient should be set for tenders presented at the level of the maximum refund.
(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
The maximum export refund on wholly milled and parboiled long-grain B rice to be exported to certain third countries pursuant to the invitation to tender issued in Regulation (EC) No 1877/2003 is hereby fixed on the basis of the tenders submitted from 5 to 8 January 2004 at 285,00 EUR/t.
Article 2
For tenders presented at the level of the maximum refund, an allocation coefficient is set at 50 %.
Article 3
This Regulation shall enter into force on 10 January 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 January 2004. | [
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COUNCIL REGULATION (EC) No 3353/93 of 22 November 1993 fixing the guide prices for the fishery products listed in Annex I (A), (D) and (E) to Regulation (EEC) No 3759/92 for the 1994 fishing year
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 3759/92 of 17 December 1992 on the common organization of the market in fishery and aquaculture products (1), and in particular Article 9 (3) thereof,
Having regard to the proposal from the Commission,
Whereas Article 9 (1) and (2) of Regulation (EEC) No 3759/92 provides that a guide price shall be fixed for each of the products listed in Annex I (A), (D) and (E) to the Regulation at a level which will help to stabilize market prices and avoid the formation of surpluses in the Community; whereas that level must also help support producers' income and at the same time take account of consumers' interest;
Whereas the guide price shall be based on the average of prices as defined in Article 9 (2) of that Regulation and on an assessment of production and demand prospects;
Whereas the application of these criteria involves for the 1994 fishing year a decrease for certain products and the stabilization or increase of prices for others compared with prices applicable during the current fishing year;
Whereas in accordance with Articles 169 and 356 of the Act of Accession of Spain and Portugal, a ninth approximation of guide prices must take place on 1 January 1994 for Atlantic sardines of the species Sardina pilchardus,
HAS ADOPTED THIS REGULATION:
Article 1
The guide prices for the fishing year from 1 January to 31 December 1994 for the products listed in Annex I (A), (D) and (E) to Regulation (EEC) No 3759/92 and the commercial categories to which they relate are fixed in the Annex hereto.
Article 2
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Communities.
It shall apply from 1 January 1994.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 November 1993. | [
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Commission Regulation (EC) No 1193/2002
of 3 July 2002
fixing the quantities which may be transferred to another group of varieties under the guarantee threshold for the 2002 harvest in the raw tobacco sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2075/92 of 30 June 1992 on the common organisation of the market in raw tobacco(1), as last amended by Regulation (EC) No 546/2002(2), and in particular Article 9(4) thereof,
Whereas:
(1) Article 9 of Regulation (EEC) No 2075/92 introduces production quotas for the different groups of varieties of tobacco. The individual quotas are divided between producers on the basis of the guarantee thresholds for the 2002 harvest fixed in Annex II to Regulation (EC) No 546/2002.
(2) This Regulation should apply as soon as possible, well before the deadline for the conclusion of cultivation contracts laid down in Article 55(2) of Commission Regulation (EC) No 2848/98 of 22 December 1998 laying down detailed rules for the application of Council Regulation (EEC) No 2075/92 as regards the premiumscheme, production quotas and the specific aid to be granted to producer groups in the raw tobacco sector(3), as last amended by Regulation (EC) No 1005/2002(4).
(3) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Tobacco,
HAS ADOPTED THIS REGULATION:
Article 1
For the 2002 harvest, Member States shall be authorised to transfer, under the guarantee threshold and before 30 June 2002, quantities from one group of varieties to another in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 July 2002. | [
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Regulation (EC) No 2423/2001 of the European Central Bank
of 22 November 2001
concerning the consolidated balance sheet of the monetary financial institutions sector
(ECB/2001/13)
THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
Having regard to Council Regulation (EC) No 2533/98 of 23 November 1998 concerning the collection of statistical information by the European Central Bank(1), and in particular to Article 5(1) and Article 6(4) thereof,
Having regard to Council Regulation (EC) No 2531/98 of 23 November 1998 concerning the application of minimum reserves by the European Central Bank(2), and in particular to Article 6(4) thereof,
Whereas:
(1) Regulation (EC) No 2819/98 of the European Central Bank of 1 December 1998 concerning the consolidated balance sheet of the monetary financial institutions sector (ECB/1998/16)(3) has already been amended by Regulation (EC) No 1921/2000 (ECB/2000/8)(4); now that new substantial amendments are being made to the said Regulation, it is desirable that the provisions in question should be recast by bringing them together in a single text with this Regulation.
(2) The European System of Central Banks (ESCB) requires, for the fulfilment of its tasks, the production of the consolidated balance sheet of the monetary financial institutions (MFI) sector. The principal purpose thereof is to provide the European Central Bank (ECB) with a comprehensive statistical picture of monetary developments in the participating Member States, which are viewed as one economic territory. These statistics cover the aggregate financial assets and liabilities, in terms of stocks, high quality flows for loans and also improved flows for holdings of securities.
(3) The ECB shall, in accordance with the provisions of the Treaty establishing the European Community (hereinafter referred to as the "Treaty") and under the conditions laid down in the Statute of the European System of Central Banks and of the European Central Bank (hereinafter referred to as the "Statute"), make regulations to the extent necessary to implement the tasks of the ESCB as defined in the Statute and in some cases laid down in the provisions adopted by the Council referred to in Article 107(6) of the Treaty.
(4) Article 5.1 of the Statute requires the ECB, assisted by the national central banks (NCBs), to collect the necessary statistical information either from the competent national authorities or directly from economic agents in order to undertake the tasks of the ESCB. Article 5.2 of the Statute stipulates that the NCBs shall carry out, to the extent possible, the tasks described in Article 5.1.
(5) It may be necessary, and may reduce the reporting burden, for NCBs to collect from the actual reporting population the statistical information necessary to fulfil the statistical requirements of the ECB as part of a broader statistical reporting framework which the NCBs establish under their own responsibility in accordance with Community or national law or established practice and which serves other statistical purposes, provided that the fulfilment of the statistical requirements of the ECB is not jeopardised. In order to foster transparency, it is appropriate, in these cases, to inform the reporting agents that data are collected to fulfil other statistical purposes. In specific cases, the ECB may rely on statistical information collected for such purposes to fulfil its requirements.
(6) Article 3 of Regulation (EC) No 2533/98 requires the ECB to specify the actual reporting population within the limits of the reference reporting population and entitles it to fully or partly exempt specific classes of reporting agents from its statistical reporting requirements. Article 6(4) provides that the ECB may adopt regulations specifying the conditions under which the right to verify or to carry out the compulsory collection of statistical information may be exercised.
(7) Article 5 of Regulation (EC) No 2531/98 empowers the ECB to adopt regulations or decisions in order to exempt institutions from the minimum reserve requirements, to specify modalities to exclude or deduct liabilities owed to any other institution from the reserve basis and to establish differing reserve ratios for specific categories of liabilities. Under Article 6, the ECB has the right to collect from institutions the information necessary for the application of minimum reserves and the right to verify the accuracy and quality of the information which institutions provide to demonstrate compliance with the minimum reserve requirements. It is desirable, in order to reduce the overall reporting burden, for the statistical information regarding the monthly balance sheet to be used, in addition, for the regular calculation of the reserve base of the credit institutions subject to the ESCB's minimum reserve system.
(8) Article 4 of Regulation (EC) No 2533/98 provides for Member States to organise themselves in the field of statistics and to cooperate fully with the ESCB in order to ensure fulfilment of the obligations arising from Article 5 of the Statute.
(9) While it is recognised that regulations adopted by the ECB under Article 34.1 of the Statute do not confer any rights or impose any obligations on non-participating Member States, Article 5 of the Statute applies to both participating and non-participating Member States. Regulation (EC) No 2533/98 recalls that Article 5 of the Statute, together with Article 5 of the Treaty, implies an obligation to design and implement at national level all the measures that the non-participating Member States consider appropriate in order to carry out the collection of the statistical information needed to fulfil the ECB's statistical reporting requirements and timely preparations in the field of statistics in order for them to become participating Member States.
(10) In order to facilitate the liquidity management of the ECB and of credit institutions, reserve requirements should be confirmed at the latest on the first day of the maintenance period; the need may exceptionally arise for credit institutions to report revisions to the reserve base or to reserve requirements which have been confirmed; the procedures for confirmation or acknowledgement of reserve requirements are without prejudice to the obligation for reporting agents always to report correct statistical information and to revise incorrect statistical information they may have already reported.
(11) The determination of specific procedures for mergers and divisions involving credit institutions is necessary in order to clarify the obligations of these institutions in respect of reserve requirements; the definitions of mergers and divisions laid down in this Regulation are based on definitions already existing in secondary Community legislation relating to public limited liability companies. These definitions have been adapted to the purposes of this Regulation; these procedures are without prejudice to the possibility of holding minimum reserves through an intermediary.
(12) The monetary statistics of the ECB are derived from MFI balance sheet statistics collected in accordance with Regulation (EC) No 2819/98 (ECB/1998/16) which was prepared during the second stage of economic and monetary union and so were considered to be only the minimum set of data required for monetary policy purposes. Moreover, the Regulation only covered the collection of balance sheet stocks and not the reporting of revaluation adjustment data required to compile flow statistics for counterparts of the broad monetary aggregate M3, from which the growth rates are derived. Taking into account the limitations of these sets of data, it was necessary to enhance the MFI balance sheet statistics.
(13) It is necessary to expand the monthly requirements to provide a monthly breakdown of deposit liabilities by subsector and further by maturity/currency and of loans by subsector/maturity and purpose as these breakdowns are considered essential for monetary policy purposes. This includes the integration of data previously collected only on a quarterly basis.
(14) It is necessary to derive stock and flow statistics for the monetary aggregates and counterparts in a timely manner. From the consolidated balance sheet in terms of stocks, flow statistics are derived using additional statistical information relating to exchange rate changes, other changes in the value of securities and the write-offs/write-downs of loans and other adjustments such as reclassifications.
(15) It is necessary to ensure the availability of appropriately harmonised and high quality data on write-offs/write-downs on loans by addressing a requirement to the statistical reporting agents. There is also a need to collect data on price revaluations of securities.
(16) The separate balance sheet category "money market paper" is removed and merged with the data category "debt securities issued" on the liability side. Instruments classified in this category are entered under "debt securities issued" and allocated according to their original maturity. A corresponding reallocation has been taken also on the asset side of the MFI balance sheet.
(17) The definition of deposits should take into account the use of balances representing prepaid amounts in the context of electronic money,
HAS ADOPTED THIS REGULATION:
Article 1
Definitions
For the purpose of this Regulation, the terms "reporting agents", "participating Member State", "resident" and "residing" shall have the same meaning as defined in Article 1 of Regulation (EC) No 2533/98.
Article 2
Actual reporting population
1. The actual reporting population shall consist of the MFIs resident in the territory of the participating Member States. For statistical purposes, MFIs comprise resident credit institutions as defined in Community law, and all other resident financial institutions whose business is to receive deposits and/or close substitutes for deposits from entities other than MFIs, and, for their own account (at least in economic terms), to grant credits and/or make investments in securities.
2. National central banks may grant derogations to small MFIs, provided that the MFIs which contribute to the monthly consolidated balance sheet account for at least 95 % of the total MFI balance sheet in terms of stocks, in each participating Member State. NCBs shall check the fulfilment of this condition in good time in order to grant or withdraw, if necessary, any derogation with effect from the start of each year.
Article 3
List of MFIs for statistical purposes
1. In accordance with the classification principles set out in Part 1(I) of Annex I, the ECB shall establish and maintain a list of MFIs for statistical purposes, taking into account the requirements in respect of frequency and timeliness which arise from its use in the context of the ESCB's minimum reserve system. The competence to establish and maintain the list of MFIs for statistical purposes pertains to the Executive Board of the ECB.
2. The list of MFIs for statistical purposes and its updates shall be made accessible by NCBs and the ECB to the institutions concerned in an appropriate way, including by electronic means, via the Internet or, at the request of the reporting agents concerned, in paper form.
3. The list of MFIs for statistical purposes shall be for information only. However, in the event that the latest accessible version of the list in accordance with paragraph 2 is incorrect, the ECB shall not impose sanctions on any entity which did not properly fulfil its reporting requirements to the extent that it relied in good faith on the incorrect list.
Article 4
Statistical reporting requirements
1. For the purposes of the regular production of the consolidated balance sheet of the MFI sector, in terms of stocks and flows, the actual reporting population shall report monthly statistical information relating to its end-of-month balance sheet and monthly flow adjustments in respect of write-offs/write-downs of loans and price revaluations in respect of security holdings during the reporting period, to the NCB of the Member State in which the MFI is resident. Further details on certain items of the balance sheet shall be reported quarterly, in terms of stocks.
2. The required statistical information is specified in Annex I to this Regulation.
3. The required statistical information shall be reported in accordance with the minimum standards for transmission, accuracy, conceptual compliance and revisions as set out in Annex IV to this Regulation.
4. The NCBs shall define and implement the reporting arrangements to be followed by the actual reporting population in accordance with national characteristics. The NCBs shall ensure that these reporting arrangements provide the statistical information required and allow accurate checking of compliance with the minimum standards for transmission, accuracy, conceptual compliance and revisions as referred to in Article 4(3).
5. The derogations referred to in Article 2(2) shall have the effect of reducing the statistical reporting requirements of MFIs as follows:
- the credit institutions to which such derogations apply shall be subject to the reduced reporting requirements as set out in Annex II to this Regulation,
- those small MFIs that are not credit institutions shall be subject to the reduced reporting requirements as set out in Annex III to this Regulation.
Small MFIs may choose not to make use of the derogations and to fulfil the full reporting requirements instead.
6. Without prejudice to the derogation in Article 2(2), NCBs may grant a derogation in respect of the reporting of revaluation adjustments to money market funds (MMFs), removing from the MMFs any requirement to report the revaluation adjustment.
7. NCBs may grant a derogation in respect of the frequency and the timeliness of the reporting of price revaluations of securities and require these data on a quarterly basis and with the same timeliness as for stock data reported on a quarterly basis, subject to compliance with the following requirements:
- reporting agents shall provide the NCBs with the relevant information on valuation practices, including quantitative indications on the percentage of their holdings of these instruments subject to different valuation methods,
- where a substantial price revaluation has occurred, NCBs shall be entitled to request reporting agents to provide additional information relating to the month in which the development took place.
8. In the event of a merger, a division or any other reorganisation that might affect the fulfilment of its statistical obligations, the reporting agent involved shall inform the relevant NCB, once the intention to implement such operation has become public and in due time before the merger, the division or the reorganisation takes effect, of the procedures that are planned to fulfil the statistical reporting requirements set out in this Regulation.
Article 5
Use of the reported statistical information for the purposes of Regulation (EC) No 2818/98 (ECB/1998/15)
1. The statistical information reported by credit institutions in accordance with this Regulation shall be used by each credit institution to calculate its reserve base in accordance with Regulation (EC) No 2818/98 of the European Central Bank of 1 December 1998 on the application of minimum reserves (ECB/1998/15)(5), as amended by Regulation (EC) No 1921/2000 (ECB/2000/8). In particular, each credit institution shall use this information to verify the fulfilment of its reserve requirement over the maintenance period.
2. Without prejudice to the obligations imposed upon reporting agents by Article 4 and of Annex IV to this Regulation, credit institutions subject to minimum reserves may report revisions to the reserve base and to the reserve requirement in accordance with the procedures mentioned in Article 5 of Regulation (EC) No 2818/98 (ECB/1998/15).
3. Specific and transitional provisions for the purposes of the application of the ESCB's minimum reserve system are set out in Annex II to this Regulation. The specific provisions of this Annex shall prevail over provisions laid down in Regulation (EC) No 2818/98 (ECB/1998/15).
Article 6
Verification and compulsory collection
The right to verify or to collect compulsorily the information which reporting agents shall provide in compliance with the statistical reporting requirements set out in this Regulation shall be exercised by the NCBs, without prejudice to the right of the ECB to exercise these rights itself. This right shall be exercised in particular when an institution included in the actual reporting population does not fulfil the minimum standards for transmission, accuracy, conceptual compliance and revisions as set out in Annex IV to this Regulation.
Article 7
Transitional provisions
Transitional provisions for application of parts to this Regulation are laid down in Annex V to this Regulation.
Article 8
Repeal
1. Regulation (EC) No 2819/98 (ECB/1998/16) is hereby repealed.
2. References made to the repealed Regulation shall be construed as being made to this Regulation.
Article 9
Final provision
This Regulation shall enter into force on 1 January 2002.
Done at Frankfurt am Main, 22 November 2001. | [
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COMMISSION REGULATION (EEC) No 1410/93 of 8 June 1993 re-establishing the levying of customs duties on products falling within CN codes ex 9101 and ex 9102, originating in China, to which the preferential tariff arrangements set out in Council Regulation (EEC) No 3831/90 apply
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3831/90 of 20 December 1990 applying generalized tariff preferences for 1991 in respect of certain industrial products originating in developing countries (1), extended for 1993 by Regulation (EEC) No 3917/92 (2), and in particular Article 9 thereof,
Whereas, pursuant to Articles 1 and 6 of Regulation (EEC) No 3831/90, suspension of customs duties shall be accorded for 1993 to each of the countries or territories listed in Annex III other than those listed in column 4 of Annex I, within the framework of the preferential tariff ceilings fixed in column 6 of Annex I;
Whereas, as provided for in Article 7 of that Regulation, as soon as the individual ceilings in question are reached at Community level, the levying of customs duties on imports of the products in question originating in each of the countries and territories concerned may at any time be re-established;
Whereas, in the case of products falling within CN codes ex 9101 and ex 9102, originating in China, the individual ceiling was fixed at ECU 11 576 000; whereas on 29 March 1993, imports of these products into the Community originating in China reached the ceiling in question after being charged thereagainst; whereas, it is appropriate to re-establish the levying of customs duties in respect of the products in question against China,
HAS ADOPTED THIS REGULATION:
Article 1
As from 13 June 1993, the levying of customs duties, suspended for 1993 pursuant to Council Regulation (EEC) No 3831/90, shall be reintroduced on imports into the Community of the following products, originating in China:
/* Tables: see OJ */
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 8 June 1993. | [
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Commission Regulation (EC) No 738/2003
of 28 April 2003
on the supply of white sugar as food aid
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1292/96 of 27 June 1996 on food-aid policy and food-aid management and special operations in support of food security(1), as amended by Regulation (EC) No 1726/2001 of the European Parliament and of the Council(2), and in particular Article 24(1)(b) thereof,
Whereas:
(1) The abovementioned Regulation lays down the list of countries and organisations eligible for Community aid and specifies the general criteria on the transport of food aid beyond the fob stage.
(2) Following the taking of a number of decisions on the allocation of food aid, the Commission has allocated white sugar to certain beneficiaries.
(3) It is necessary to make these supplies in accordance with the rules laid down by Commission Regulation (EC) No 2519/97 of 16 December 1997 laying down general rules for the mobilisation of products to be supplied pursuant to Council Regulation (EC) No 1292/96 as Community food aid(3). It is necessary to specify the time limits and conditions of supply to determine the resultant costs,
HAS ADOPTED THIS REGULATION:
Article 1
White sugar shall be mobilised in the Community, as Community food aid for supply to the recipient listed in the Annex, in accordance with Regulation (EC) No 2519/97 and under the conditions set out in the Annex.
The tenderer is deemed to have noted and accepted all the general and specific conditions applicable. Any other condition or reservation included in his tender is deemed unwritten.
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, 28 April 2003. | [
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*****
COMMISSION DECISION
of 4 February 1982
concerning animal health conditions and veterinary certification for imports of fresh meat from Romania
(82/132/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 81/476/EEC (2), and in particular Article 16 thereof,
Whereas it is necessary to lay down health requirements for imports of fresh meat from Romania;
Whereas, following a Community veterinary mission, it appears that the animal health situation in Romania compares favourably with that in most of the Community countries, particularly as regards diseases transmissible through meat;
Whereas, in addition, the responsible veterinary authorities of Romania have confirmed that Romania has for at least 12 months been free from rinderpest, exotic and classical foot-and-mouth disease, African swine fever, classical swine fever, contagious porcine paralysis (Teschen disease) and swine vesicular disease and that no vaccinations have been carried out against those diseases during that time, with the exception of classical foot-and-mouth disease and classical swine fever; whereas animals vaccinated against foot-and-mouth disease and classical swine fever are present in Romania;
Whereas the responsible veterinary authorities of Romania have undertaken to notify the Commission of the European Communities and the Member States, by telex or telegram, within 24 hours, of the confirmation of the occurrence of any of the abovementioned diseases or an alteration in vaccination policy against them;
Whereas animal health conditions and veterinary certification must be adapted according to the animal health situation of the non-member country concerned;
Whereas certain Member States, because of their particular animal health situations concerning foot-and-mouth disease and swine fever, benefit from special provisions in intra-Community trade and should therefore also be authorized to apply special provisions in respect of imports from third countries; whereas these provisions must be at least as strict as those which the same Member States apply in intra-Community trade;
Whereas it will be necessary to re-examine this Decision with a view to its adaptation to Community rules concerning the control and eradication of foot-and-mouth disease and swine fever within the Community;
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. Member States shall authorize the importation of the following categories of fresh meat from Romania:
(a) fresh meat of domestic animals of the bovine, porcine, ovine or caprine species, conforming to the guarantees laid down in the animal health certificate in accordance with Annex A, which must accompany the consignment;
(b) fresh meat of domestic solipeds, conforming to the guarantees laid down in the animal health certificate in accordance with Annex B, which must accompany the consignment.
2. Member States shall not authorize the importation of categories of fresh meat from Romania other than those referred to in paragraph 1.
Article 2
1. Until the adoption by the Council of rules concerning the control and eradication of foot-and-mouth disease within the Community, and while continuing to prohibit vaccination against foot-and-mouth disease, Ireland and the United Kingdom in respect of Northern Ireland may, in respect of fresh meat of bovine animals, swine, sheep and goats referred to under Article 1 (1) (a), retain their national animal health rules relating to protection against foot-and-mouth disease.
2. While remaining officially free from swine fever, Denmark, Ireland and the United Kingdom may, in respect of fresh meat of swine referred to under Article 1 (1) (a), retain their national animal health rules relating to protection against swine fever.
Article 3
This Decision shall not apply to imports of glands and organs authorized by the country of destination for pharmaceutical manufacturing purposes.
Article 4
This Decision shall be re-examined with a view to its adaptation to Community rules concerning the control and eradication of foot-and-mouth disease and swine fever within the Community.
Articles 5
This Decision shall apply from 1 July 1982.
Article 6
This Decision is addressed to the Member States.
Done at Brussels, 4 February 1982. | [
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COMMISSION REGULATION (EEC) No 3574/91 of 9 December 1991 amending Regulation (EEC) No 1481/86 on the determination of prices of fresh or chilled sheep carcases on representative Community markets and the survey of prices of certain other qualities of sheep carcases in the Community
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3013/89 of 25 September 1989 on the common organization of the market in sheepmeat and goatmeat (1), as amended by Regulation (EEC) No 1741/91 (2), and in particular Article 4 (5) thereof,
Whereas Commission Regulation (EEC) No 1481/86 (3), as last amended by Regulation (EEC) No 1681/91 (4), lays down the rules for the determination of prices of fresh or chilled sheep carcases on representative Community markets as well as the survey of prices of certain other qualities of sheep carcases in the Community;
Whereas the coefficients used for calculating the price of sheep carcases on representative Community markets should be adjusted in the light of the figures available with regard to sheep production;
Whereas Commission Regulation (EEC) No 3246/91 (5) authorizes the United Kingdom to grant no longer the variable slaughter premium provided for in Article 24 of Regulation (EEC) No 3013/89 with effect from the 1992 marketing year;
Whereas the system of price reporting in Great Britain should therefore be altered; whereas price reporting should be based on representative live auction markets in England, Wales and Scotland;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sheep and Goats,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 1481/86 is hereby amended as follows:
1. Annex I is replaced by Annex I annexed to this Regulation.
2. In Annex II point K is replaced by the following:
'K. GREAT-BRITAIN 1. Representative markets:
Representative livestock auction
markets in regions:
- England
- Wales
- Scotland Weighting coefficients
The prices recorded in each representative livestock auction market in each region are to be weighted by means of coefficients which are variable each week and reflect the number of lambs sold in these markets compared to the regional total for all such markets. The prices established for each region are also to be weighted by means of coefficients which are variable each week and reflect the number of lambs sold in each region compared with the national total for all such markets. 2. Categories:
- New-season lamb
- Old-season lamb Weighting coefficients
The prices recorded for each category are to be weighted by means of coefficients which are variable each week and reflect the relative importance of the total estimated carcase weight of lambs in each category compared with the total estimated carcase weight of all lambs born in the 12-month period prior to marketing.'
3. In Annex III point K is replaced by the following:
'K. GREAT BRITAIN Lambs: Lambs less than 12 months old with an estimated carcase weight of between 12 and 21,5 kilograms. Where lambs are sold in lots, the average converted carcase weight of lambs in the lot must be within these weight limits. Definition of categories: - New-season lamb: Ovine animals born and marketed within a year beginning on the first Monday in January, or born after the beginning of October in the year prior to marketing. - Old-season lamb: Lambs born up to the beginning of October in the year prior to the year of marketing and marketed in the period between the week commencing on the first Monday in January and the week commencing on the second Monday in May.'
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
It shall apply from the beginning of the 1992 marketing year. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 December 1991. | [
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COMMISSION REGULATION (EC) No 7/2008
of 7 January 2008
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables (1), and in particular Article 4(1) thereof,
Whereas:
(1)
Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.
(2)
In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 8 January 2008.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 January 2008. | [
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COMMISSION DECISION
of 20 October 2004
on the aid scheme ‘Invest Northern Ireland Venture 2003’ which the United Kingdom is planning to implement for SMEs in Northern Ireland
(notified under document number C(2004) 3917)
(Only the English text is authentic)
(Text with EEA relevance)
(2005/644/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community, and in particular the first subparagraph of Article 88(2) thereof,
Having regard to the Agreement on the European Economic Area, and in particular Article 62(1)(a) thereof,
Having called on interested parties to submit their comments pursuant to those provisions (1) and having regard to their comments,
Whereas:
I. PROCEDURE
(1)
By letter dated 20 March 2003, registered at the Commission on 26 March 2003, the United Kingdom authorities notified the Invest Northern Ireland Venture 2003 scheme to the Commission.
(2)
By letter D/53203 dated 15 May 2003 and by letter D/55504 dated 29 August 2003, the Commission requested further information concerning the notified measure.
(3)
By letter dated 24 June 2003 and by letter dated 30 September 2003, registered at the Commission on 1 July 2003 and 1 October 2003 respectively, the United Kingdom authorities submitted the information requested.
(4)
By letter dated 26 November 2003, the Commission informed the United Kingdom that it had decided to initiate the procedure laid down in Article 88(2) of the EC Treaty in respect of the measure.
(5)
The Commission’s decision to initiate the procedure was published in the Official Journal of the European Union (2). The Commission called on interested parties to submit their comments.
(6)
By letter dated 6 January 2004, registered at the Commission on 9 January 2004, the United Kingdom submitted a response to the Commission’s decision to initiate the procedure.
(7)
By letters dated 25 February 2004, 27 February 2004, 1 March 2004, 2 March 2004, 3 March 2004, 4 March 2004, and 5 March 2004, registered at the Commission on 2 March 2004, 3 March 2004, 4 March 2004, 8 March 2004, and 10 March 2004, the Commission received observations from 11 interested parties.
(8)
By letter D/52015 dated 18 March 2004, the Commission forwarded those comments to the United Kingdom, which was given the opportunity to react.
(9)
The United Kingdom’s opinion on the third parties’ comments was received by letter dated 29 April 2004, registered at the Commission on 3 May 2004.
(10)
By letter dated 23 June 2004, registered at the Commission on 24 June 2004, the United Kingdom submitted additional information concerning the notified measure.
II. DETAILED DESCRIPTION OF THE MEASURE
1. Objective of the measure
(11)
The measure is intended to provide risk capital funding for small and medium-sized enterprises (3) (SMEs) in Northern Ireland by establishing a new venture capital fund.
(12)
The Invest Northern Ireland Venture 2003 Fund (hereafter referred to as the fund) is intended to address the particular financing difficulties encountered by SMEs in Northern Ireland.
(13)
On 4 February 2003 the Commission approved the Small and Medium Enterprises Venture Capital and Loan Fund (4), an umbrella scheme for all regions in the United Kingdom, including Northern Ireland.
(14)
The Small and Medium Enterprises Venture Capital and Loan Fund regulates the establishment of venture capital funds specialising in risk capital funding for SMEs across the United Kingdom and in Gibraltar.
(15)
In its decision of 4 February 2003, the Commission approved State-aided venture capital in certain economic areas qualifying for assistance pursuant to Article 87(3)(c) of the EC Treaty up to a maximum of EUR 750 000 in a single tranche.
(16)
As Northern Ireland is currently classified as an area qualifying for assistance under Article 87(3)(c) of the EC Treaty (5), investments to SMEs in Northern Ireland under the Small and Medium Enterprises Venture Capital and Loan Fund umbrella scheme are restricted to EUR 750 000 in a single tranche.
(17)
Given the exceptional challenges encountered by Northern Ireland, the United Kingdom authorities, by means of the notified measure, intend to provide risk capital finance of up to GBP 1 500 000 (EUR 2,2 million) in a single tranche to SMEs in Northern Ireland, thereby exceeding the maximum investment sizes per tranche as approved in the decision concerning the Small and Medium Enterprises Venture Capital and Loan Fund.
(18)
All other material aspects of the notified measure respect the conditions laid down in the decision concerning the Small and Medium Enterprises Venture Capital and Loan Fund.
2. Description of the measure
(19)
The legal basis of the scheme is Article 7 of the Industrial Development (Northern Ireland) Order 1982.
(20)
The United Kingdom proposes to establish a GBP 15 million (EUR 22 million) to GBP 20 million (EUR 29 million) venture capital fund.
(21)
If less than GBP 20 million (EUR 29 million) is raised, the government contribution will reduce pro rata.
(22)
If more than GBP 20 million (EUR 29 million) is raised, the fund will accept the additional investments from private sector investors. The government funding will not be increased to a corresponding level.
(23)
Under no circumstances will the public contribution to the fund exceed 50 % of the total fund volume.
(24)
The fund will be newly set up as a 10-year limited partnership that can be extended with the consent of all investors to a maximum of 12 years to facilitate successful exits from the fund.
(25)
The scheme will only apply to small and medium-sized enterprises in Northern Ireland.
(26)
Firms in difficulties are excluded under the scheme.
(27)
Funding will not be provided to businesses in sectors suffering from overcapacity, including shipbuilding, and European Coal and Steel Community sectors.
(28)
The fund will make investments in beneficiary SMEs in the range of GBP 250 000 (EUR 367 000) to GBP 1,5 million (EUR 2,2 million). On occasions, follow-on investments may be made for a further round of funding. These decisions will be independent of previous investment decisions and will be based on the performance of the recipient SME.
(29)
The United Kingdom authorities have stated that any SMEs receiving risk capital funding under the scheme would, for the duration of the investment, have any further eligible regional aid and SME aid reduced by 30 % of the aid intensity that would otherwise have been found compatible by the Commission.
(30)
The Commission Communication on State aid and risk capital (hereafter referred to as the Communication) (6) recognises a role for public funding of risk capital measures limited to addressing identifiable market failures.
(31)
The Communication states that specific factors adversely affecting the access of SMEs to capital, such as imperfect or asymmetric information or high transaction costs can cause a market failure that would justify State aid.
(32)
The Communication further states that there is no general risk capital market failure in the Community, but rather market gaps for some types of investments at certain stages of enterprises’ lives as well as particular difficulties in regions qualifying for assistance under Article 87(3)(a) and (c) of the EC Treaty (assisted areas).
(33)
The Communication goes on to explain that in general, the Commission will require provision of evidence of market failure before being prepared to authorise risk capital measures.
(34)
The Commission may however be prepared to accept the existence of market failure without further provision of evidence in cases where each tranche of finance for an enterprise from risk capital measures which are wholly or partially financed through State aid will comprise a maximum of EUR 500 000 in non-assisted areas, EUR 750 000 in areas qualifying for assistance under Article 87(3)(c) of the Treaty, or EUR 1 million in areas qualifying for assistance under Article 87(3)(a) of the Treaty.
(35)
It follows that, for those cases where those amounts are exceeded, the Commission will require a demonstration of market failure justifying the proposed risk capital measure before assessing the compatibility of the measure in accordance with the positive and negative criteria listed under point VIII.3 of the Communication.
(36)
The Invest Northern Ireland Venture 2003 scheme proposed by the United Kingdom foresees risk capital investments in the range of GBP 250 000 (EUR 367 000) to GBP 1,5 million (EUR 2,2 million) per investment tranche for SMEs in Northern Ireland.
(37)
According to the Regional Aid Map 2000-2006 for the United Kingdom, Northern Ireland is currently classified as an area qualifying for assistance pursuant to Article 87(3)(c) of the EC Treaty.
(38)
In line with the provisions of the Communication, the Commission would hence be prepared to accept the existence of market failure without further provision of evidence if risk capital funding for SMEs in Northern Ireland wholly or partially financed through State aid would be limited to the maximum amount of EUR 750 000 as foreseen for assisted areas pursuant to Article 87(3)(c) of the EC Treaty under point VI.5 of the Communication.
(39)
In the notification, the United Kingdom has clarified that with the exception of the proposed maximum tranche size of GBP 1,5 million (EUR 2,2 million), all other material aspects of the proposed measure will be in line with the already approved Small and Medium Enterprises Venture Capital and Loan Fund.
(40)
The Commission therefore considers that its decision on the Small and Medium Enterprises Venture Capital and Loan Fund covers all those investments proposed under the Invest Northern Ireland Venture 2003 scheme ranging from GBP 250 000 (EUR 367 000) to GBP 510 000 (EUR 750 000) per single investment tranche.
(41)
In line with the provisions of the Communication, risk capital investments proposed under the Invest Northern Ireland Venture 2003 scheme ranging from GBP 510 000 (EUR 750 000) to GBP 1,5 million (EUR 2,2 million) would necessitate the provision of evidence of market failure by the United Kingdom.
(42)
In order to demonstrate the existence of market failure, the United Kingdom referred to several distinctive particularities of the venture capital market in Northern Ireland as underlined by a study (7). The main arguments brought forward were:
(a)
there is a gap in the provision of venture capital for SMEs in Northern Ireland in the deal size range of GBP 250 000 (EUR 367 000) to GBP 1,5 million (EUR 2,2 million);
(b)
whilst such a market failure also exists in other regional economies, it is more pronounced in Northern Ireland for the following reasons:
(i)
the venture capital market in Northern Ireland lags many years behind the rest of the United Kingdom in terms of total investment, number of deals, number of funds and availability of fund management skills;
(ii)
the size of the Northern Ireland market, the fact that it is physically separated from the rest of the United Kingdom, and the long lasting impact of civil unrest in Northern Ireland have resulted in an absence of any wholly private sector venture capital funds, either locally based or investing in Northern Ireland SMEs from mainland United Kingdom;
(iii)
in addition, it is difficult to attract experienced fund managers to Northern Ireland.
(43)
By letter dated 26 November 2003, the Commission informed the United Kingdom of its decision to initiate the procedure laid down in Article 88(2) of the EC Treaty in respect of the Invest Northern Ireland Venture 2003 scheme.
(44)
In its letter, the Commission stated that it had doubts as to whether the arguments presented by the United Kingdom in support of the existence of market failure could sufficiently justify the granting of risk capital investment tranches considerably exceeding the maximum amounts foreseen by the Communication for areas qualifying for assistance pursuant to Article 87(3)(c) of the EC Treaty.
(45)
The Commission went on to explain that it considered a more thorough analysis of the issue to be necessary. Such an analysis would need to include any observations made by interested parties. Only after consideration of third party comments could the Commission decide whether the measure proposed by the United Kingdom affects trading conditions to an extent contrary to the common interest.
III. COMMENTS FROM INTERESTED PARTIES
(46)
In response to the publication of its decision to open the formal procedure in the Official Journal of the European Union, the Commission received observations from the following interested parties:
-
Enterprise Equity (NI) Limited,
-
Momentum Northern Ireland,
-
Qubis Limited,
-
Ulster Farmers’ Union,
-
CBI Northern Ireland,
-
Institute of Directors Northern Ireland,
-
Investment Belfast Limited,
-
Inter Trade Ireland,
-
BDO Stoy Hayward,
-
The Ulster Society of Chartered Accountants,
-
International Fund for Ireland.
(47)
All comments received were positive and underlined the importance of the measure as well as the appropriateness of the proposed maximum investment amounts.
(48)
The arguments put forward by the interested parties highlight the difficulty for local companies in Northern Ireland to raise equity funding of GBP 1 million (EUR 1,5 million) to GBP 1,5 million (EUR 2,2 million). This is mainly a result of the following factors:
(a)
venture funds in the rest of the United Kingdom are increasing minimum investment levels and this is also being mirrored in Northern Ireland;
(b)
the peripherality of Northern Ireland adversely influences funds in terms of cost;
(c)
funds from the rest of the United Kingdom and the Republic of Ireland are largely uninterested in investments of this deal size and there is no local Northern Ireland fund capable of undertaking such investments;
(d)
a general misplaced negative perception due to civil unrest in the past that continues to adversely affect the attitude of investors when considering Northern Ireland as an investment location.
IV. COMMENTS FROM THE UNITED KINGDOM
(49)
The United Kingdom’s comments on the Commission’s decision to open the formal procedure laid down in Article 88(2) of the EC Treaty, as well as on the observations from third parties will be summarised in the following recitals.
(50)
There are a number of general economic weaknesses that must be addressed in order to improve the competitive position of Northern Ireland:
(a)
Northern Ireland’s Gross Domestic Product (GDP) per capita is below the United Kingdom average (77,5 % of United Kingdom average). The gap has only narrowed marginally over the course of the 1990s (three percentage points since 1989);
(b)
whole economy productivity as measured by GDP per employee in Northern Ireland is below that of the United Kingdom (89 % of United Kingdom average);
(c)
high dependency on small businesses: 85 000 businesses in total, of which 99 % employ fewer than 50 people, and 93 % employ fewer than 10 people;
(d)
manufacturing remains dependent on low value-added ‘traditional sectors’, the high value added business services sector is only half the size of its United Kingdom equivalent;
(e)
a small number of knowledge-based businesses compared with other United Kingdom regions;
(f)
low levels of innovation and R&D activity;
(g)
one of the lowest start-up rates of any United Kingdom region;
(h)
shortage of debt and equity finance available for start-up companies.
(51)
In addition to the general economic weaknesses, the venture capital market in Northern Ireland is underdeveloped compared to other United Kingdom regions:
(a)
the level of venture capital investment in Northern Ireland over the period 1985-2002 represented only 0,7 % of the United Kingdom’s total venture capital investment as compared with Northern Ireland’s share of United Kingdom GDP of 2,2 %;
(b)
venture capital activity in Northern Ireland would have to increase by four times its current level to match the per capita levels of other United Kingdom regions such as Wales or Scotland.
(52)
There are a number of general factors that are related to this phenomenon:
(a)
peripheral location: Northern Ireland is significantly disadvantaged by its geographical location;
(b)
growth of indigenous business: Growth in the local economy has been severely limited over the last years due to civil unrest;
(c)
grant culture: This has arisen due to the government’s need to intervene in Northern Ireland industrial development activities at a much higher level than elsewhere in the United Kingdom. Accordingly, businesses have not been disposed to consider taking in new equity.
(53)
While some funds have been established in recent years, much more needs to be done, especially in generating adequate deal flow, but also in broadening the range and quantity of investors:
(a)
Northern Ireland is poorly represented for venture capital and has only a small number of locally based funds which are mainly focused on small deal sizes;
(b)
only three venture capital fund managers maintain a full-time presence in the region;
(c)
the majority of venture capital funds available offer investment of below GBP 500 000 (EUR 730 000);
(d)
studies suggest that the average size of early stage funding for technology businesses increases as the market matures. For Northern Ireland, the equity gap for first round funding within the next five years is expected to be in the range of GBP 250 000 (EUR 367 000) to GBP 1,5 million (EUR 2,2 million);
(e)
in recognition of the increased scale of projects and predicted increases in demand, two or more commercial-sized funds of around GBP 15 million (EUR 22 million) each should be established in Northern Ireland over the next five years, one of which should be a government assisted fund.
(54)
The United Kingdom had no further comments to make on the responses from third parties except to highlight the strong support expressed by those third parties for the establishment of the proposed fund.
V. ASSESSMENT OF THE MEASURE
(55)
The Commission has examined the scheme in the light of Article 87 of the EC Treaty and in particular on the basis of the Communication. The results of this assessment are summarised in recitals 56 and following.
1. Legality
(56)
By notifying the scheme, the United Kingdom authorities respected their obligations under Article 88(3) of the EC Treaty.
2. Existence of State aid
(57)
The United Kingdom confirms that, with the exception of the allowable maximum amount of risk capital funding per single tranche, all other material aspects of the Invest Northern Ireland Venture 2003 scheme are in line with the Commission’s decision concerning the Small and Medium Enterprises Venture Capital and Loan Fund.
(58)
The Commission’s assessment of the existence of State aid in this case, therefore follows the assessment made in that decision.
(59)
In its decision concerning the Small and Medium Enterprises Venture Capital and Loan Fund, the Commission stated that, in line with point IV.2 of the Communication, the assessment of the presence of State aid would need to take into account the possibility that a risk capital measure may confer aid at different levels.
(60)
The Commission went on to conclude that the Small and Medium Enterprises Venture Capital and Loan Fund involved State aid within the meaning of Article 87(1) of the EC Treaty at the level of the investors and at the level of the beneficiary SMEs. The Commission also considered that State aid within the meaning of Article 87(1) of the EC Treaty was not present at the level of the fund, or for unsecured loans granted to SMEs at the prevailing reference rate plus 4 percentage points or more, or for secured loans at the prevailing reference rate.
(61)
That assessment is still valid for the assessment of the notified measure in this Decision.
3. Evidence of market failure
(62)
In line with the provisions of the Communication, the Commission is prepared to accept the existence of market failure without further provision of evidence if risk capital funding wholly or partially financed through State aid for SMEs in areas qualifying for assistance pursuant to Article 87(3)(c) of the EC Treaty is limited to the maximum amount of EUR 750 000 as foreseen under point VI.5 of the Communication.
(63)
The measure proposed by the United Kingdom foresees risk capital investments in the range of GBP 250 000 (EUR 367 000) to GBP 1,5 million (EUR 2,2 million) per investment tranche for SMEs in Northern Ireland.
(64)
According to the Regional Aid Map 2000-2006 for the United Kingdom, Northern Ireland is currently classified as an area qualifying for assistance pursuant to Article 87(3)(c) of the EC Treaty. However, according to the Regional Aid Map 2000-2006 for the United Kingdom, Northern Ireland is considered to be an ‘atypical’ Article 87(3)(c) region with a corresponding regional aid ceiling of 40 %, generally reserved for regions qualifying for assistance under Article 87(3)(a).
(65)
In line with the provisions of the Communication, the Commission has informed the United Kingdom that in view of the fact that the proposed risk capital investments under the notified scheme exceed the EUR 750 000 threshold foreseen for areas qualifying for assistance pursuant to Article 87(3)(c), the United Kingdom would have to provide evidence of market failure.
(66)
In order to demonstrate the existence of market failure for risk capital investments exceeding EUR 750 000 for SMEs in Northern Ireland, the United Kingdom presented arguments indicating that the venture capital market in Northern Ireland is characterised by unique particularities distinguishing it from other regions in the United Kingdom.
(67)
The arguments put forward by the United Kingdom were supported by a study underlining that there exists a gap in the provision of private venture capital for SMEs in Northern Ireland in the deal size range of GBP 250 000 (EUR 367 000) to GBP 1,5 million (EUR 2,2 million).
(68)
Although such a market gap also occurs in other regional economies, the United Kingdom submitted that it is more pronounced in Northern Ireland. This has been demonstrated by the study submitted by the United Kingdom.
(69)
According to that study, venture capital activity in Northern Ireland, in terms of the number of deals and the value of the deals, varies significantly from other United Kingdom regions such as Scotland and the North West and Merseyside region. Whereas the number of deals for early stage companies in Scotland for the period 2000-2002 was 9,9 % of the United Kingdom total, and in the North West and Merseyside region was 8,1 % of the United Kingdom total, Northern Ireland only accounted for 4,4 % of the United Kingdom total. For companies in the expansion stage, the respective figures were 10,2 % of the United Kingdom total in Scotland, 7,9 % of the United Kingdom total in the North West and Merseyside region, and only 2,4 % of the United Kingdom total in Northern Ireland.
(70)
With regard to the value of the deals in the early stage and expansion phases, the study shows that for early stage investments, Scotland represented 8,1 % of the United Kingdom total for the period 2000-2002, the North West and Merseyside region 5,7 %, and Northern Ireland 2,2 % of the United Kingdom total. The difference is even more accentuated if one looks at the value of deals for companies in the expansion stage. There, Scotland represents 9,5 % of the United Kingdom total, the North West and Merseyside region 21,2 % of the United Kingdom total, and Northern Ireland only 0,7 %.
(71)
This fact is further underlined by data in the study comparing the average deal sizes for the period 2000-2002. Here the United Kingdom average for early stage investments is GBP 1,14 million compared to GBP 0,93 million in Scotland, GBP 0,81 million for the North West and Merseyside region, and GBP 0,36 million for Northern Ireland. For SMEs in the expansion stage, the difference is once again much more pronounced. Whereas the average for the United Kingdom is GBP 2,82 million, GBP 2,63 million for Scotland, and GBP 7,62 million for the North West and Merseyside region, it reaches only GBP 0,86 million in Northern Ireland.
(72)
These figures underlining the relative weakness of the venture capital market in Northern Ireland - according to the study Northern Ireland generally accounts for only 0,7 % of total investments in the United Kingdom although it represents a 2,2 % share of the United Kingdom GDP - especially for SMEs in the expansion phase, can be explained by looking at the venture capital funds currently active in Northern Ireland. Out of eight existing and active venture capital funds, only one offers financing for deal sizes ranging from GBP 250 000 to GBP 1,5 million, but has already reached the end of its investment period. All other funds only offer financing for deals below GBP 250 000.
(73)
The study submitted to the Commission by the United Kingdom has argued that this gap for the provision of equity financing in the deal size range between GBP 250 000 and GBP 1,5 million is clearly related to the general socioeconomic characteristics of Northern Ireland as described under recitals 50 and following. These particularities of Northern Ireland, namely its peripherality and the legacy of civil unrest, have aggravated the two sources of market failure - imperfect or asymmetric information and high transaction costs - as described by the Communication.
(74)
In its decision to initiate the procedure laid down in Article 88(2) of the EC Treaty in respect of the proposed aid measure, the Commission stated that in view of the maximum investment amounts proposed under the scheme, which considerably exceed the maximum investment amounts foreseen by the Communication, it was necessary to seek observations from interested parties in order to decide whether the measure affects trading conditions to an extent contrary to the common interest.
(75)
All comments received from interested third parties were positive and underlined the importance of the measure in general as well as the appropriateness of the proposed maximum investment amounts.
(76)
Taking into account the information presented in the initial notification, the comments submitted by interested third parties as well as the additional information delivered by the United Kingdom following the Commission’s decision to open the procedure laid down in Article 88(2) of the EC Treaty, it is concluded that the United Kingdom has provided sufficient evidence of the existence of market failure in the venture capital market in Northern Ireland.
4. Compatibility of the measure
(77)
The United Kingdom has confirmed that, with the exception of the allowable maximum amount of risk capital funding per single tranche, all other material aspects of the notified scheme are in line with the Commission’s decision concerning the Small and Medium Enterprises Venture Capital and Loan Fund.
(78)
The assessment of the compatibility of the notified State aid therefore follows the assessment made in the decision concerning the Small and Medium Enterprises Venture Capital and Loan Fund. In its decision in that case, the Commission concluded that all positive elements as outlined under point VIII.3 of the Communication were fulfilled. This is also true in respect of the Invest Northern Ireland Venture 2003 fund.
(79)
The following elements are regarded as positive elements:
(a)
restriction of investments to SMEs in their start up and early stages and/or SMEs seeking to expand or diversify;
(b)
focus on risk capital market failure: delivery of finance to SMEs principally in the form of equity or quasi-equity;
(c)
profit-driven nature of the investment decisions: Market economy investors will provide at least 40 % of the capital of the fund. Professional fund managers will take all investment decisions and their remuneration will be directly linked to the performance of the fund;
(d)
minimisation of the level of distortion between investors and investment funds: The investors will be chosen by competitive tender. Private investors will be given notice of the opportunity to invest by virtue of advertising. No person or organisation will be debarred from investing in the fund. Investors will be chosen by selecting the least preferential terms necessary in order to induce the private sector to invest. In order to prevent overcompensation to investors, the benefits will be split between the public and private investors according to their respective level of investment;
(e)
sectoral focus: sensitive sectors are excluded;
(f)
investment on the basis of business plans: All investments will be made on the basis of robust business plans together with a variety of other standard commercial tests to ensure the viability of the project and the expected commercial return;
(g)
avoidance of cumulation of aid measures to a single enterprise: The United Kingdom authorities have stated that any SMEs receiving risk capital funding under the scheme would, for the duration of the investment, have any further eligible regional aid and SME aid reduced by 30 % of the aid intensity that would otherwise have been found compatible by the Commission.
(80)
It is therefore concluded that all positive aspects as required by the Communication are present in respect of the notified scheme.
VI. CONCLUSION
(81)
It is therefore concluded that the Invest Northern Ireland Venture 2003 scheme fulfils the conditions set out in the Communication. The notified measure should therefore be declared compatible with the common market pursuant to Article 87(3)(c) of the EC Treaty as aid to facilitate the development of certain economic activities or of certain economic areas without adversely affecting trading conditions to an extent contrary to the common interest,
HAS ADOPTED THIS DECISION:
Article 1
The State aid which the United Kingdom is planning to implement under the Invest Northern Ireland Venture 2003 scheme is compatible with the common market within the meaning of Article 87(3)(c) of the Treaty. Implementation of the aid is accordingly authorised.
Article 2
The United Kingdom shall submit an annual report on the implementation of the aid.
Article 3
This Decision is addressed to the United Kingdom of Great Britain and Northern Ireland.
Done at Brussels, 20 October 2004. | [
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COUNCIL DECISION
of 27 June 2006
on the signing of the Agreement between the European Union and the Republic of Iceland and the Kingdom of Norway on the surrender procedure between the Member States of the European Union and Iceland and Norway
(2006/697/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union and in particular Articles 24 and 38 thereof,
Whereas:
(1)
The European Union is determined to improve judicial cooperation in criminal matters between the Member States of the European Union and Iceland and Norway, without prejudice to the rules protecting individual freedom.
(2)
Following the Council Decision of 10 July 2001 authorising the Presidency of the Council to negotiate Agreements with Norway and Iceland on judicial cooperation in criminal matters on the basis of Articles 24 and 38 of the Treaty on European Union, which was amended by the Council Decision of 19 December 2002, the Presidency, assisted by the Commission, negotiated an agreement on the surrender procedure between the Member States of the European Union and Iceland and Norway,
HAS DECIDED AS FOLLOWS:
Article 1
The signing of the Agreement between the European Union and the Republic of Iceland and the Kingdom of Norway on the surrender procedure between the Member States of the European Union and Iceland and Norway is hereby approved on behalf of the European Union, subject to its conclusion.
The text of the Agreement and the declarations to be made upon the signing of the Agreement are attached to this Decision.
Article 2
The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement subject to its conclusion.
Article 3
This Decision and the Agreement attached thereto shall be published in the Official Journal of the European Union.
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Commission Regulation (EC) No 472/2004
of 12 March 2004
fixing the export refunds on beef and veal
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1254/1999 of 17 May 1999 on the common organisation of the market in beef and veal(1), and in particular Article 33(12) thereof,
Whereas:
(1) Article 33 of Regulation (EC) No 1254/1999 provides that the difference between prices on the world market for the products listed in Article 1 of that Regulation and prices for those products within the Community may be covered by an export refund.
(2) Commission Regulations (EEC) No 32/82(2), (EEC) No 1964/82(3), (EEC) No 2388/84(4), (EEC) No 2973/79(5) and (EC) No 2051/96(6), lay down the conditions for granting special export refunds on certain cuts of beef and veal and certain preserved beef and veal products, and for certain destinations.
(3) It follows from applying those rules and criteria to the foreseeable situation on the market in beef and veal that the refund should be as set out below.
(4) With regard to live animals, for reasons of simplification export refunds should no longer be granted for categories with insignificant trade with third countries. Moreover, in the light of the general concern of animal welfare, export refunds for live animals for slaughter should be limited as much as possible. Consequently, export refunds for such animals should only be granted for third countries which for cultural and/or religious reasons traditionally import substantial numbers of animals for domestic slaughter. As to live animals for reproduction, in order to prevent any abuse, export refunds for pure-bred breeding animals should be limited to heifers and cows of no more than 30 months of age.
(5) Export refunds should be granted for certain destinations on some fresh or chilled meat listed in the Annex under CN code 0201, on some frozen meat listed in the Annex under CN code 0202, on some meat or offal listed in the Annex under CN code 0206 and on some other prepared or preserved meat or offal listed in the Annex under CN code 1602 50 10.
(6) In the case of meat of bovine animals, boned or boneless, salted and dried, there are traditional trade flows to Switzerland. To allow this trade to continue, the refund should be set to cover the difference between prices on the Swiss market and export prices in the Member States.
(7) In the case of certain other cuts and preserves of meat or offal shown in the Annex under CN codes 1602 50 31 to 1602 50 80, the Community presence of international trade may be maintained by granting a refund corresponding to that at present available.
(8) In the case of other beef and veal products, a refund need not be fixed since the Community's share of world trade is not significant.
(9) Commission Regulation (EEC) No 3846/87(7) establishes the agricultural product nomenclature for the purposes of export refunds. The refunds are set on the basis of the product codes as defined in that nomenclature.
(10) In order to simplify customs export formalities for operators, the refunds on all frozen cuts should be brought into line with those on fresh or chilled cuts other than those from adult male bovine animals.
(11) Checks on products covered by CN code 1602 50 should be stepped up by making the granting of refunds on these products conditional on manufacture under the arrangements provided for in Article 4 of Council Regulation (EEC) No 565/80 of 4 March 1980 on the advance payment of export refunds in respect of agricultural products(8).
(12) Refunds should be granted only on products that are allowed to move freely in the Community. Therefore, to be eligible for a refund, products should be required to bear the health mark laid down in Council Directive 64/433/EEC(9), Council Directive 94/65/EC(10) and Council Directive 77/99/EEC(11), respectively.
(13) Pursuant to Article 6(2) of Regulation (EEC) No 1964/82, the special refund is to be reduced if the quantity of boned meat to be exported amounts to less than 95 %, but not less than 85 %, of the total weight of cuts produced by boning.
(14) The negotiations on the adoption of additional concessions, held within the framework of the Europe Agreements between the European Community and the associated central and eastern European Countries, aim in particular to liberalise trade in products covered by the common organisation of the market in beef and veal. To this end, it was decided to abolish export refunds on products intended for export to Estonia, Latvia, Lithuania, Hungary, Romania and Slovakia. These countries should therefore be excluded from the list of destinations giving rise to the grant of a refund, while ensuring that the abolition of refunds for these countries may not lead to the creation of a differentiated refund for exports to other countries.
(15) In view of the accession on 1 May 2004 of 10 new Member States to the European Union, and in order to avoid speculation involving refunds on beef and veal exports to some of those countries which have not been excluded from the list of destinations eligible for refunds as a result of the abovementioned Europe Agreements, refunds for exports to those countries should be abolished. The Czech Republic, Slovenia, Poland, Malta and Cyprus should therefore be completely excluded from the list of destinations giving rise to the grant of refunds. The abolition of the refunds for those countries should not lead to the creation of a differentiated refund for exports to other countries.
(16) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,
HAS ADOPTED THIS REGULATION:
Article 1
1. The list of products on which export refunds as referred to in Article 33 of Regulation (EC) No 1254/1999 are granted and the amount thereof and the destinations shall be as set out in the Annex to this Regulation.
2. The products must meet the relevant health marking requirements of:
- Chapter XI of Annex I to Directive 64/433/EEC,
- Chapter VI of Annex I to Directive 94/65/EC,
- Chapter VI of Annex B to Directive 77/99/EEC.
Article 2
In the case referred to in the third subparagraph of Article 6(2) of Regulation (EEC) No 1964/82 the rate of the refund on products falling within product code 0201 30 00 91/00 shall be reduced by EUR 14,00/100 kg.
Article 3
The fact of not setting an export refund for Estonia, Lithuania, Latvia, Hungary, Romania, Slovakia, the Czech Republic, Slovenia, Poland, Malta and Cyprus shall not be deemed to constitue a differentiation of the refund.
Article 4
This Regulation shall enter into force on 15 March 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 12 March 2004. | [
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*****
COUNCIL REGULATION (EEC) No 1201/88
of 28 April 1988
establishing import mechanisms for certain processed products obtained from sour cherries and originating in Yugoslavia
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 Council Regulation (EEC) No 426/86 of 24 February 1986 on the common organization of the market in products processed from fruit and vegetables (1), as last amended by Regulation (EEC) No 3909/87 (2) and in particular Articles 15 (3) and 17 (2) thereof,
Having regard to the proposal from the Commission,
Whereas the Additional Protocol (3) to the Cooperation Agreement between the European Economic Community and the Socialist Federal Republic of Yugoslavia (4) concluded consequent on the accession of Spain and Portugal provides for the establishment of a system of minimum import prices for processed products obtained from sour cherries, referred to in the Additional Protocol as 'morello cherries', for a maximum of 19 900 tonnes each calendar year;
Whereas the marketing year laid down in Regulation (EEC) No 426/86 for the products in question should be used for the management of these arrangements;
Whereas the said Additional Protocol provides for the possibility of a countervailing charge being collected where the minimum import price for a product is not observed;
Whereas the minimum price for processed products obtained from sour cherries should be fixed, taking into account the price of Community products, the prices of products originating in Yugoslavia and the level of customs duties;
Whereas frozen cherries, whether or not containing added sugar, are marketed either with or without stones and there are substantial differences between the prices of such products; whereas it is therefore necessary to establish a range of minimum prices;
Whereas the current monetary situation results in a difference between the minimum price fixed in ECU and the same price converted into national currency using the representative rate of exchange; whereas this could lead to a distortion of trade; whereas this risk can be averted by use of a coefficient when converting from ECU to national currency;
Whereas the issue of import licences should be suspended as soon as the volume of imports for which licences have been requested exceeds the aforementioned quantity of 19 900 tonnes,
HAS ADOPTED THIS REGULATION:
Article 1
1. A minimum import price shall be fixed for processed products obtained from sour cherries, listed in Annex I and originating in Yugoslavia for each marketing year. This minimum price may vary according to the type and presentation of the products.
2. The minimum price shall be fixed:
- on the basis of the price of products imported from Yugoslavia during the marketing year preceding that for which the price is to be fixed,
- with reference to the price trend for Community products and raw materials during the year for which the import price is to be fixed, and
- having regard to the level of customs duties.
3. The minimum price for these products shall apply during the marketing year fixed for cherries in syrup in Regulation (EEC) No 426/86.
Article 2
1. Where the minimum import price referred to in Article 1 is not observed, a countervailing charge in addition to customs duty shall be imposed.
2. The amount of the countervailing charge shall vary according to the import price.
Article 3
1. The countervailing charge shall be fixed with reference to the minimum price applying on the day of importation.
2. The minimum price and the amount of the countervailing charge expressed in national currency may be adjusted by a monetary coefficient in order to avoid distortions in trade between Member States.
Article 4
For products listed in Annex II and originating in Yugoslavia, the Commission shall suspend the issue of the licences provided for in Article 15 of Regulation (EEC) No 426/86 as soon as the volume of imports exceeds 19 900 tonnes in a given calendar year.
Article 5
1. Detailed rules for the application of this Regulation, the minimum import price and the amount of the countervailing charge shall be fixed in accordance with the procedure provided for in Article 22 of Regulation (EEC) No 426/86.
2. Where necessary the Commission shall adopt the monetary coefficient provided for in Article 3 (2).
Article 6
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
It shall apply from the day on which the Additional Protocol enters into force.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COMMISSION REGULATION (EC) No 1778/2006
of 1 December 2006
fixing the maximum aid for cream, butter and concentrated butter for the 21st individual invitation to tender under the standing invitation to tender provided for in Regulation (EC) No 1898/2005
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1), and in particular Article 10 thereof,
Whereas:
(1)
In accordance with Commission Regulation (EC) No 1898/2005 of 9 November 2005 laying down detailed rules for implementing Council Regulation (EC) No 1255/99 as regards measures for the disposal of cream, butter and concentrated butter on the Community market (2), the intervention agencies may sell by standing invitation to tender certain quantities of butter of intervention stocks that they hold and may grant aid for cream, butter and concentrated butter. Article 25 of that Regulation lays down that in the light of the tenders received in response to each individual invitation to tender a minimum selling price shall be fixed for butter and maximum aid shall be fixed for cream, butter and concentrated butter. It is further laid down that the price or aid may vary according to the intended use of the butter, its fat content and the incorporation procedure. The amount of the processing security as referred to in Article 28 of Regulation (EC) No 1898/2005 should be fixed accordingly.
(2)
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 21st individual invitation to tender under the standing invitation to tender provided for in Regulation (EC) No 1898/2005 the amount of the maximum aid for cream, butter and concentrated butter and the amount the processing security, as referred to in Articles 25 and 28 of that Regulation respectively, are fixed as set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on 2 December 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COUNCIL DECISION
of 7 April 2008
on the signing and provisional application of the Agreement between the European Community and the Government of Nepal on certain aspects of air services
(2009/117/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 80(2) in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1)
The Council authorised the Commission on 5 June 2003 to open negotiations with third countries on the replacement of certain provisions in existing bilateral Agreements with a Community Agreement.
(2)
On behalf of the Community, the Commission has negotiated an Agreement with Nepal on certain aspects of air services in accordance with the mechanisms and directives in the Annex to the Council Decision authorising the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral Agreements with a Community Agreement.
(3)
The Agreement should be signed and provisionally applied, subject to its conclusion at a later date,
HAS DECIDED AS FOLLOWS:
Article 1
The signing of the Agreement between the European Community and the Government of Nepal on certain aspects of air services is hereby approved on behalf of the Community, subject to the conclusion of the said Agreement.
The text of the Agreement is attached to this Decision.
Article 2
The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Community subject to its conclusion.
Article 3
Pending its entry into force, the Agreement shall be applied provisionally from the first day of the first month following the date on which the parties have notified each other of the completion of the necessary procedures for this purpose (1).
Article 4
The President of the Council is hereby authorised to make the notification provided for in Article 9(2) of the Agreement.
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COMMISSION REGULATION (EC) No 1291/2007
of 31 October 2007
amending for the 88th 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
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), 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 17 October 2007, the Sanctions Committee of the United Nations Security Council decided to amend the list of persons, groups and entities to whom the freezing of funds and economic resources should apply. Annex I should therefore be amended accordingly.
(3)
The entry ‘Mohammad Shafiq Ahmadi’ should be corrected taking into account the Sanctions Committee’s decision of 21 September 2007,
HAS ADOPTED THIS REGULATION:
Article 1
Annex I to Regulation (EC) No 881/2002 is hereby amended as 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, 31 October 2007. | [
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COUNCIL DECISION of 18 December 1997 fixing the amount of the Community financial contribution for 1997 to expenditure incurred by the Swedish authorities for the release of smolt (98/2/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to the Act of Accession of Austria, Finland and Sweden, and in particular Article 125 thereof,
Whereas Article 125 of the Act of Accession provides that the Council, acting by a qualified majority on a proposal from the Commission, shall fix annually the amount of the Community's financial contribution to the release of smolt carried out by the competent Swedish authorities;
Whereas that financial contribution must be approved in the light of the balances existing immediately before Sweden's accession;
Whereas Council Regulation (EEC) No 2210/80 of 27 June 1980 on the conclusion of an Agreement between the European Community and the Government of Sweden relating to certain measures intended to promote the reproduction of salmon in the Baltic Sea (1) provides that the amount of the Community contribution must be equal to the actual costs to the Swedish authorities of breeding, tagging and releasing the quantity of smolt necessary to produce a quantity of salmon equal to the non-reciprocal quota allocated to the Community in the Swedish fishery zone for the year during which the contribution is to be granted;
Whereas the Commission has received Sweden's application for the Community financial contribution for 1997; whereas this application is the same as for 1994;
Whereas the International Committee for Baltic Fisheries has recommended a TAC for the Baltic salmon stock and the proportion of that TAC to be allocated to the Community;
Whereas the TAC fixed for 1997 has been reduced; whereas the Swedish application must be re-examined in the light of that fact;
Whereas the amount of the Community financial contribution has been calculated by applying proportionally this reduction to the non-reciprocal quota which Sweden would have allocated to the Community, had the bilateral agreement remained applicable,
HAS ADOPTED THIS DECISION:
Article 1
The amount of the Community financial contribution for 1997 to expenditure on promoting salmon reproduction in the Baltic Sea shall not exceed ECU 575 382.
Article 2
This Decision is addressed to the Kingdom of Sweden.
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COMMISSION REGULATION (EC) No 1898/97 of 29 September 1997 laying down rules of application in the pigmeat sector for the arrangements covered by Council Regulation (EC) No 3066/95 and repealing Regulations (EEC) No 2698/93 and (EC) No 1590/94
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3066/95 of 22 December 1995 establishing certain concessions in the form of Community tariff quotas for certain agricultural products and providing for the adjustment, as an autonomous and transitional measure, of certain agricultural concessions provided for in the Europe Agreements to take account of the Agreement on Agriculture concluded during the Uruguay Round Multilateral Trade Negotiations (1), as last amended by Regulation (EC) No 1595/97 (2), and in particular Article 8 thereof,
Having regard to Council Regulation (EEC) No 2759/75 of 29 October 1975 on the common organization of the market in pigmeat (3), as last amended by Regulation (EC) No 3290/94 (4), and in particular Article 22 thereof,
Whereas Regulation (EC) No 3066/95 adjusts as an autonomous and transitional measure the agricultural concessions in the Europe Agreements concluded between the European Communities and their Member States of the one part and the Republic of Poland, the Republic of Hungary, the Czech Republic, the Slovak Republic, the Republic of Bulgaria and Romania respectively of the other part, for the period 1 January 1996 to entry into force of the Additional Protocols; whereas these adjustments were extended by Council Regulation (EC) No 2490/96 (5) to 31 December 1997; whereas owing to procedural delays the Additional Protocols to the Europe Agreements, negotiation of which are concluded, cannot enter into force on 1 July 1997; whereas Regulation (EC) No 3066/95 has therefore been amended by Regulation (EC) No 1595/97 in order to allow early implementation in the agricultural sector of the negotiation results;
Whereas, while bearing in mind the provisions of the Interim Agreements intended to guarantee product origin, the arrangements should be operated using import licences; whereas rules on the presentation of licence applications and to the entries to be made on applications and licences are required that differ from those in Article 8 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 (6), as last amended by Regulation (EC) No 1404/97 (7); whereas licences should be issued following a reflection period and possibly with a common percentage acceptance applied;
Whereas for the purposes of smooth operation of the arrangements security of ECU 30 per 100 kilograms should be required against import licences; whereas given the risk of speculative misuse of the arrangements where pigmeat is concerned importer access to these products should be precisely regulated;
Whereas import licences for certain product categories in the pigmeat sector have already been assigned for the period 1 July to 30 September 1997 in line with Commission Regulation (EC) No 1461/97 of 25 July 1997 determining the extent to which applications lodged in July 1997 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 and the Slovak Republic can be accepted (8) and with Commission Regulation (EC) No 1462/97 of 25 July 1997 determining the extent to which applications lodged in July 1997 for import licences for certain pigmeat products under the regime provided for by the Agreements concluded by the Community with Bulgaria and Romania can be accepted (9); whereas the quantities available for the period 1 October to 31 December 1997 should be set by reference to the quantities agreed and quotas set for the period 1 July to 31 December 1997;
Whereas Commission Regulation (EEC) No 2698/93 (10), as last amended by Regulation (EC) No 691/97 (11), lays down detailed rules for application in the pigmeat sector of the arrangements provided for in the Interim Agreements between the European Economic Community and Poland, Hungary, and the former Czech and Slovak Federative Republic; whereas since it is replaced by this Regulation it should be repealed;
Whereas Commission Regulation (EC) No 1590/94 (12), as last amended by Regulation (EC) No 691/97, lays down detailed rules for application in the pigmeat sector of the arrangements provided for in the Interim Agreements between the Community and Bulgaria and Romania; whereas since it is replaced by this Regulation it should be repealed;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Pigmeat,
HAS ADOPTED THIS REGULATION:
Article 1
All imports into the Community under the arrangements laid down in Regulation (EC) No 3066/95 of products covered by group Nos 1, 2, 3, 4, H1, H2, 5, 6, 7, 8, 9, 10/11, 12/13, 14, 15, 16 and 17 provided for in Annex I to this Regulation shall be subject to presentation of an import licence.
The quantities covered by these arrangements and the reduction in the Common Customs Tariff duty are listed by group in Annex I.
Article 2
The quantities referred to in Article 1 are, for each period specified in Annex I, allocated as follows:
- 1 July to 30 September: 25 %,
- 1 October to 31 December: 25 %,
- 1 January to 31 March: 25 %,
- 1 April to 30 June: 25 %.
Article 3
The following provisions shall apply to the import licences referred to in Article 1:
1. Applicants must be natural or legal persons who at the time of application can satisfy the competent authority of their Member State that they have been engaging in trade in pigmeat for at least 12 months. Retailers and restaurateurs selling products to the final consumer are excluded.
2. Licence applications may cover only one of the groups indicated in Annex I. They may cover products of differing CN codes originating in only one of the countries to which this Regulation relates. In such cases all the CN codes and product descriptions must be entered in boxes 16 and 15 respectively. The application must be for a minimum of one tonne and a maximum of 25 % of the quantity available for the group concerned during the quarter in question as specified in Article 2.
3. Box 8 of the licence application and the licence shall show the country of origin; the licence shall impose an obligation to import from that country.
4. Box 20 of the licence application and the licence shall carry one of the following entries:
- Reglamento (CE) n° 1898/97
- Forordning (EF) nr. 1898/97
- Verordnung (EG) Nr. 1898/97
- Êáíïíéóìüò (ÅÊ) áñéè. 1898/97
- Regulation (EC) No 1898/97
- Règlement (CE) n° 1898/97
- Regolamento (CE) n. 1898/97
- Verordening (EG) nr. 1898/97
- Regulamento (CE) nº 1898/97
- Asetus (EY) N:o 1898/97
- Förordning (EG) nr 1898/97.
5. Box 24 of the licence shall carry one of the following entries:
- Reducción del derecho de aduana en virtud del Reglamento (CE) n° 1898/97
- Nedsættelse af importafgiften jf. forordning (EF) nr. 1898/97
- Ermäßigung des Zollsatzes nach dem GZT gemäß Verordnung (EG) Nr. 1898/97
- Ìåßùóç ôïõ äáóìïý üðùò ðñïâëÝðåôáé óôïí êáíïíéóìü (ÅÊ) áñéè. 1898/97
- Customs duty reduction as provided for in Regulation (EC) No 1898/97
- Réduction du droit de douane comme prévu au règlement (CE) n° 1898/97
- Riduzione del dazio doganale a norma del regolamento (CE) n. 1898/97
- Douanerecht verlaagd overeenkomstig Verordening (EG) nr. 1898/97
- Redução do direito aduaneiro conforme previsto no Regulamento (CE) nº 1898/97
- Tullialennus, josta on säädetty asetuksessa (EY) N:o 1898/97
- Nedsättning av tullavgiften enligt förordning (EG) nr 1898/97.
Article 4
1. Licence applications may be lodged only in the first 10 days of each period specified in Article 2.
2. Applications shall be invalid if the applicant does not declare in writing that he has not lodged and will not lodge, for the period in question, other applications for products of the same group in the Member State of lodgement or another Member State. If an applicant lodges more than one application for products of one group none of the applications shall be valid.
3. Member States shall notify to the Commission, on the fifth working day following the end of the period for lodging applications, those lodged for each of the products of the groups in question. The applicants and quantities for each group shall be listed. All notifications, including 'nil` ones, shall be made by telex or fax on the stipulated working day. The form reproduced as Annex II shall be used for 'nil` notifications and those reproduced as Annexes II and III if applications have been made.
4. The Commission shall decide with all speed to what the applications referred to in Article 3 can be met.
If the total amount applied for is more than that available the quantities granted shall be scaled down by a common percentage.
If it is less than the amount available the Commission shall determine the quantity to be added to that available for the next period.
5. Licences shall be issued as soon as possible after the Commission's decision.
6. Licences shall be valid throughout the Community.
Article 5
For the purposes of Article 21 (2) of Regulation (EEC) No 3719/88 import licences shall be valid for 150 days from their actual date of issue.
Licences shall not be transferable.
Article 6
Security of ECU 30 per 100 kg shall be lodged against applications for import licences for any product indicated in Article 1.
Article 7
The provisions of Regulation (EEC) No 3719/88 shall be applicable except as otherwise provided by this Regulation.
However, Article 8 (4) of that Regulation notwithstanding, quantities imported pursuant to this Regulation may not exceed that indicated in boxes 17 and 18 of the import licence. To that end '0` shall be entered in box 19 of the licence.
Article 8
The products shall be placed in free circulation on presentation fo an EUR.1 certificate issued by the exporting country in accordance with Protocol 4 to the Europe Agreements concluded with the said countries, or, of a declaration by the exporter in accordance with the provisions of the said Protocol.
Article 9
The Member States shall cooperate closely with the Commission to ensure compliance with this Regulation.
Article 10
The quantities available for applications in the period 1 to 10 October 1997 are given in Annex IV hereto.
Article 11
Regulations (EEC) No 2698/93 and (EC) No 1590/94 are hereby repealed.
Article 12
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 July 1997.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COUNCIL REGULATION (EEC) No 1553/93 of 14 June 1993 adjusting, for the third time, the system of aid for cotton introduced by Protocol 4 annexed to the Act of Accession of Greece
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Act of Accession of Greece, and in particular paragraph 11 of Protocol 4 on cotton, as last amended by Regulation (EEC) No 2052/92 (1),
Having regard to Council Regulation (EEC) No 1964/87 of 2 July 1987 adjusting the system of aid for cotton introduced by Protocol 4 annexed to the Act of Accession of Greece (2), and in particular Article 3 (2) 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 (2) of Regulation (EEC) No 1964/87 provides that, with a view to avoiding excessive variations in the reduction of the norm price applied if the maximum guaranteed quantity is exceeded, the reduction shall be limited to 15 % of the norm price; whereas, under certain conditions or within certain limits, the proportion in excess of this maximum and any difference between the actual and the estimated production are to be carried forward to the following marketing year;
Whereas the current limit in the reduction of the norm price has not succeeded in preventing a substantial expansion of cotton-growing in the Community; whereas, in order better to achieve the objective sought, the maximum reduction should be increased from 15 to 20 % and from 5 to 7 % for the part exceeding the maximum reduction; whereas, in order for producers to be notified in good time, these increases should be postponed to the 1994/95 marketing year;
Whereas these increases in the maximum reduction may have a bearing on the income of producers; whereas provision should be made for the Commission, in the context of its proposal to the Council concerning the norm price for 1994/95, to put forward a report on the latest situation of this market;
Whereas certain amendments should be made to the existing text of the third subparagraph of Article 2 (2) of Regulation (EEC) No 1964/87,
HAS ADOPTED THIS REGULATION:
Article 1
This Regulation provides for adjustments to the system of aid for the production of cotton provided for in paragraph 3 of Protocol 4 annexed to the Act of Accession of Greece and adjusted by Regulation (EEC) No 1964/87.
Article 2
Article 2
(2) of Regulation (EEC) No 1964/87 shall be replaced by the following:
'2. When the production of unginned cotton, estimated before the beginning of the marketing year, exceeds the maximum quantity guaranteed for the year in question, the amount of aid shall be reduced by an amount obtained by multiplying the norm price by a coefficient which increases in line with the amount by which estimated production exceeds the maximum quantity guaranteed.
However, without prejudice to the third subparagraph, if the reduction in the amount of aid exceeds 20 % of the norm price, this reduction shall be limited, under the marketing year concerned, to 20 %. The reduction which exceeds this limit shall be carried over to the norm price for the following marketing year within the limit of 7 %. These limits shall not apply until the 1994/95 marketing year and the limits of 15 and 5 % provided for in Regulation (EEC) No 2052/92 shall remain in operation for 1993/94. Before the entry into force of these new limits, the Commission will, in the context of the price proposals for 1994/95, report on the latest market situation.
Moreover, where the foregoing subparagraph, as applied to actual production instead of estimated production before the beginning of the marketing year, result in an adjustment of the amount of aid different from the adjustment actually made, the amount of the aid for the marketing year concerned shall be adjusted upwards of a threshold of 3 % on the basis of the difference between the adjustments referred to above.'
Article 3
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
It shall apply from the 1993/94 marketing year.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 14 June 1993. | [
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COMMISSION REGULATION (EEC) No 2448/91 of 9 August 1991 on the supply of refined sunflower oil as food aid
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3972/86 of 22 December 1986 on food-aid policy and food-aid management (1), as last amended by Regulation (EEC) No 1930/90 (2), and in particular Article 6 (1) (c) thereof,
Whereas Council Regulation (EEC) No 1420/87 of 21 May 1987 laying down implementing rules for Regulation (EEC) No 3972/86 on food-aid policy and food-aid management (3) lays down the list of countries and organizations eligible for food-aid operations and specifies the general criteria on the transport of food aid beyond the fob stage;
Whereas, following the taking of a number of decisions on the allocation of food aid, the Commission has allocated to certain countries and beneficiary organizations 1 689 tonnes of refined sunflower oil;
Whereas it is necessary to make these supplies in accordance with the rules laid down by Commission Regulation (EEC) No 2200/87 of 8 July 1987 laying down general rules for the mobilization in the Community of products to be supplied as Community food aid (4), as amended by Regulation (EEC) No 790/91 (5); whereas it is necessary to specify the time limits and conditions of supply and the procedure to be followed to determine the resultant costs;
Whereas, notably for logistical reasons, certain supplies are not awarded within the first and second deadlines for submission of tenders; whereas, in order to avoid republication of the notice of invitation to tender, a third deadline for submission of tenders should be opened,
HAS ADOPTED THIS REGULATION:
Article 1
Refined sunflower oil shall be mobilized in the Community as Community food aid for supply to the recipients listed in the Annex, in accordance with Regulation (EEC) No 2200/87 and under the conditions set out in the Annex. Supplies shall be awarded by the tendering procedure.
The successful tenderer is deemed to have noted and accepted all the general and specific conditions applicable. Any other condition or reservation included in his tender is deemed unwritten.
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 August 1991. | [
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COMMISSION DIRECTIVE 98/101/EC of 22 December 1998 adapting to technical progress Council Directive 91/157/EEC on batteries and accumulators containing certain dangerous substances (Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 91/157/EEC of 18 March 1991 on batteries and accumulators containing certain dangerous substances (1), and in particular Article 10 thereof,
Whereas within the framework of the Act of Accession of Austria, Finland and Sweden, in particular in Articles 69 and 112, it is foreseen that during a period of four years from the date of accession the provisions concerning the mercury containing batteries referred to in Article 3 of Directive 91/157/EEC should be reviewed in accordance with EC procedures;
Whereas, in order to achieve a high level of environmental protection, the marketing of certain batteries should be prohibited, in view of the amount of mercury they contain; whereas that prohibition, in order to achieve its full effect for the environment, must cover appliances into which such batteries and accumulators are incorporated; whereas such prohibition may have a positive impact in facilitating the recovery of batteries;
Whereas the technical development of alternative heavy-metal-free batteries should be taken into account;
Whereas Directive 91/157/EEC should be adapted accordingly;
Whereas the measures provided for in this Directive are in accordance with the opinion expressed by the Committee established pursuant to Article 18 of Council Directive 75/442/EEC of 15 July 1975 on waste (2), as last amended by Commission Decision 96/350/EC (3),
HAS ADOPTED THIS DIRECTIVE:
Article 1
Directive 91/157/EEC is amended as follows:
1. Article 3(1) is replaced by the following:
'1. Member States shall prohibit, as from 1 January 2000 at the latest, the marketing of batteries and accumulators, containing more than 0,0005 % of mercury by weight, including in those cases where these batteries and accumulators are incorporated into appliances. Button cells and batteries composed of button cells with a mercury content of no more than 2 % by weight shall be exempted from this prohibition.`;
2. Annex I is replaced by the text in the Annex to this Directive.
Article 2
Member States shall adopt and publish, before 1 January 2000, the provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
Article 3
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.
Article 4
This Directive is addressed to the Member States.
Done at Brussels, 22 December 1998. | [
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Commission Regulation (EC) No 108/2003
of 21 January 2003
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 (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 493/2002(2), and in particular Article 8(3) thereof,
Whereas:
(1) Article 8(1) of Regulation (EEC) No 2771/75 provides that the difference between prices in international trade for the products listed in Article 1(1) 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 in the Annex to that Regulation. Whereas Commission Regulation (EC) No 1520/2000 of 13 July 2000 laying down common detailed rules for the application of the system of granting export refunds on certain agricultural products exported in the form of goods not covered by Annex I to the Treaty, and the criteria for fixing the amount of such refunds(3), as last amended by Regulation (EC) No 1052/2002(4), specifies the products for which a rate of refund should be fixed, to be applied where these products are exported in the form of goods listed in the Annex to Regulation (EEC) No 2771/75.
(2) In accordance Article 4(1) of Regulation (EC) No 1520/2000, the rate of the refund per 100 kilograms for each of the basic products in question must be fixed for a period of the same duration as that for which refunds are fixed for the same products exported unprocessed.
(3) 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.
(4) It is necessary to ensure continuity of strict management taking account of expenditure forecasts and funds available in the budget.
(5) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Poultrymeat and Eggs,
HAS ADOPTED THIS REGULATION:
Article 1
The rates of the refunds applicable to the basic products appearing in Annex A to Regulation (EC) No 1520/2000 and listed in Article 1(1) of Regulation (EEC) No 2771/75, exported in the form of goods listed in the Annex I to Regulation (EEC) No 2771/75, are hereby fixed as shown in the Annex hereto.
Article 2
This Regulation shall enter into force on 22 January 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 January 2003. | [
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COMMISSION DECISION of 19 May 1998 amending for the second time Commission Decision 93/42/EEC, concerning additional guarantees relating to infectious bovine rhinotracheitis for bovines destined for Member States or regions of Member States free from the disease, in relation to Sweden and amending Commission Decision 95/109/EC (notified under document number C(1998) 1355) (Text with EEA relevance) (98/362/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine (1), as last amended and updated by Council Directive 97/12/EC (2), and in particular Articles 9(3) and 10(2) thereof,
Whereas an eradication programme of infectious bovine rhinotracheitis (IBR) in Sweden was approved by Commission Decision 95/71/EC (3); whereas the programme is regarded to have been successful in eradicating this disease from Sweden;
Whereas to secure progress and successfully conclude the initiated IBR programme Sweden was granted certain additional guarantees by Commission Decision 95/109/EC (4);
Whereas Sweden considers that its territory is free from infectious bovine rhinotracheitis and has submitted supporting documentation to the Commission;
Whereas the authorities of Sweden apply for national movement of bovine animals rules at least equivalent as those foreseen in the present Decision;
Whereas Commission Decision 93/42/EEC (5), as amended by Decision 94/962/EEC (6), gives additional guarantees in relation to infectious bovine rhinotracheitis for bovines destinated for Denmark and Finland;
Whereas it is appropriate to propose certain additional guarantees to protect the progress made in Sweden; whereas it is therefore appropriate to amend this Decision to give the same guarantee to Sweden;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
The Annex to Decision 93/42/EEC is replaced by the Annex to this Decision.
Article 2
The second line in the Annex to Decision 95/109/EC is deleted.
Article 3
This Decision is addressed to the Member States.
Done at Brussels, 19 May 1998. | [
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COMMISSION REGULATION (EC) No 2629/1999
of 13 December 1999
establishing rules for the management and distribution of textile quotas established for the year 2000 under Council Regulation (EC) No 517/94
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 517/94 of 7 March 1994 on common rules for imports of textile products from certain third countries not covered by bilateral agreements, protocols or other arrangements, or by other specific Community import rules(1), as last amended by Commission Regulation (EC) No 2542/1999(2), and in particular Articles 17(3), 17(6) and 21(2) and 3 thereof, in conjunction with Article 25(3) thereof,
(1) Whereas the Council, through Regulation (EC) No 517/94, established quantitative restrictions on imports of certain textile products originating in certain third countries and envisaged, in Article 17(2), that these quotas would be allocated in chronological order of receipt of notifications from the Member States according to the principle of first come, first served;
(2) Whereas Article 17(3) of Regulation (EC) No 517/94 stipulates that it is possible, in certain circumstances, to make use of allocation methods which differ from the method based exclusively on the chronological order of receipt of notifications from Member States, as well as to envisage the division of the quotas into tranches or to set aside part of a specific quantitative limit exclusively for applications which are backed up by proof of the results of previous imports;
(3) Whereas it is advisable, in order not to affect unduly the continuity of trade flows, to adopt rules for management and distribution of the quotas established for 2000 under Regulation (EC) No 517/94 before the quota year begins;
(4) Whereas the measures contained in Commission Regulation (EC) No 2650/98(3) establishing rules for the management and distribution of textiles quotas established for the year 1999 pursuant to Regulation (EC) No 517/94 proved to be satisfactory;
(5) Whereas in order to satisfy the greatest possible number of operators it therefore seems appropriate to make the "first come, first served" allocation method based on the chronological order of receipt of the notifications from Member States more flexible by placing a ceiling on the quantities which can be allocated to each operator by that method;
(6) Whereas efforts should nevertheless be made to guarantee a degree of continuity in trade; whereas this consideration and the desirability of efficient quota administration make it appropriate for operators to be allowed to make their initial import authorisation application for 2000 equivalent to the quantity (for each textile category and each third country) which they imported in 1999;
(7) Whereas for optimum use of the quantities it is appropriate to envisage that each operator, after 50 % utilisation of a licence, can introduce a new request for a licence, not exceeding a predetermined quantity, provided quantities are available in the quotas;
(8) Whereas it is appropriate for the sake of sound administration to make import authorisations valid for nine months from the date of issue and to stipulate that the Member States can issue licences only after being notified of the Commission's decision and only if an operator can prove the existence of a contract and certify (except where specifically provided otherwise) that he has not already been allocated a Community import authorisation under this Regulation for the categories and countries concerned; whereas the competent national authorities are however authorised, in response to importers' applications, to extend by three months and up to 31 March 2001 licences of which at least 50 % has been used by the application date;
(9) Whereas in order to obviate any potential problems caused by the possible impact of a millenium bug on computer systems the import authorisations shall start to be allocated in December 1999;
(10) Whereas the measures contained in this Regulation are in accordance with the opinion expressed by the Committee established by Regulation (EC) No 517/94,
HAS ADOPTED THIS REGULATION:
Article 1
This Regulation specifies certain rules concerning the management of quantitative quotas established by Regulation (EC) No 517/94 and applicable for 2000.
Article 2
The quotas referred to in Article 1 and shown in Annexes IIIB and IV to Regulation (EC) No 517/94 shall be allocated on a "first come, first served" basis according to the chronological order of receipt by the Commission of Member States' notifications of applications from individual operators, for amounts not exceeding the maximum quantities per operator stipulated in the Annex hereto.
These maximum quantities shall not, however, apply to operators able to prove to the competent national authorities when making their first application for 2000 that they imported, for given categories, given third countries and under import licences granted to them for 1999, more than the maximum quantities specified for each category. In the case of such operators, the competent authorities may authorise imports of no more than the quantities imported in 1999 for given third countries and given categories, provided that enough quota is available.
Article 3
Any importer who has used 50 % or more of the amount allocated to him through a licence under this Regulation may make a further application for a licence, for the same category and country of origin, for amounts not exceeding the maximum quantities laid down in the Annex hereto, provided that enough of the quota is available.
Article 4
The requests for import authorisations can be submitted to the Commission as of 20 December 1999 at 10 a.m., Brussels time. Import authorisations shall be valid for nine months from the date of issue, but not earlier than 1 January 2000, and in no case later than 31 December 2000. On licences issued before 1 January 2000, the competent authorities of the Member States will indicate in box 13 (further particulars): "This license is valid from 1 January 2000."
At the importer's request, the competent national authorities may, however, grant a three-month extension for licences which are at least 50 % used up at the time of the request. The extension must in no case last beyond 31 March 2001.
The competent authorities of the Member States shall issue authorisations only after being notified of the Commission's decision and only if an operator can prove the existence of a contract and, without prejudice to the provisions of Article 3, certify in writing that he has not already been allocated a Community import authorisation under this Regulation for the categories and countries concerned.
Article 5
This Regulation shall enter into force on 1 January 2000.
Article 4 shall apply as from 20 December 1999.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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Commission Regulation (EC) No 941/2003
of 28 May 2003
fixing the minimum selling prices for butter and the maximum aid for cream, butter and concentrated butter for the 120th individual invitation to tender under the standing invitation to tender provided for in Regulation (EC) No 2571/97
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 10 thereof,
Whereas:
(1) The intervention agencies are, pursuant to Commission Regulation (EC) No 2571/97 of 15 December 1997 on the sale of butter at reduced prices and the granting of aid for cream, butter and concentrated butter for use in the manufacture of pastry products, ice-cream and other foodstuffs(3), as last amended by Regulation (EC) No 635/2000(4), to sell by invitation to tender certain quantities of butter that they hold and to grant aid for cream, butter and concentrated butter. Article 18 of that Regulation stipulates that in the light of the tenders received in response to each individual invitation to tender a minimum selling price shall be fixed for butter and maximum aid shall be fixed for cream, butter and concentrated butter. It is further stipulated that the price or aid may vary according to the intended use of the butter, its fat content and the incorporation procedure, and that a decision may also be taken to make no award in response to the tenders submitted. The amount(s) of the processing securities must be fixed accordingly.
(2) 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 minimum selling prices and the maximum aid and processing securities applying for the 120th individual invitation to tender, under the standing invitation to tender provided for in Regulation (EC) No 2571/97, shall be fixed as indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 29 May 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 May 2003. | [
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*****
COMMISSION DECISION
of 24 June 1986
approving an amendment to the programme for meat processing in France in respect of prepared, cured and preserved meat products in accordance with Council Regulation (EEC) No 355/77
(Only the French text is authentic)
(86/334/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 355/77 of 15 February 1977 on common measures to improve the conditions under which agricultural products and fishery products are processed and marketed (1), as last amended by Regulation (EEC) No 3827/85 (2), and in particular Article 5 thereof,
Whereas on 22 November 1985 the French Government forwarded an amendment to the programme for meat processing and the manufacture of meat products approved by Commission Decision 80/397/EEC (3), and supplied additional details on 24 April 1986;
Whereas the amendment to the said programme is restricted to investments for the modernization, rationalization, concentration and, to a lesser extent, the creation of capacity for third-stage meat processing, namely the manufacture of prepared, cured and preserved meat products, and whereas all these investments are likely to help improve and develop the said sector; whereas they therefore constitute a programme within the meaning of Article 2 of Regulation (EEC) No 355/77;
Whereas the investments relating to the modernization, rationalization, concentration and very limited creation of capacity for the production of prepared, cured and preserved meat products may be accepted but the investments concerning ready-cooked dishes are excluded inasmuch as they are products not listed in Annex II to the Treaty;
Whereas the amendment contains sufficient of the details referred to in Article 3 of Regulation (EEC) No 355/77 (except in the case of the abovementioned investments), showing that the objectives laid down in Article 1 of that Regulation can be achieved in the sector in question; whereas the deadline for implementing the amendment does not exceed the time limit laid down in Article 3 (1) (g) of the Regulation;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Agricultural Structure,
HAS ADOPTED THIS DECISION:
Article 1
The amendment to the programme for meat processing in respect of prepared, cured and preserved meat products notified by the French Government on 22 November 1985 and supplemented on 24 April 1986 pursuant to Regulation (EEC) No 355/77 is hereby approved.
Article 2
This Decision is addressed to the French Republic.
Done at Brussels, 24 June 1986. | [
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COMMISSION REGULATION (EEC) No 2780/92 of 24 September 1992 on the conditions for the grant of compensatory payments under the support system for producers of certain arable crops
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1765/92 of 30 June 1992 establishing a support system for producers of certain arable crops (1), and in particular Article 10 (4) and Article 12 thereof;
Whereas compensatory payments as referred to in Article 2 of Regulation (EEC) No 1765/92 must be restricted to certain specified areas; whereas in particular one application for compensatory payment only should be permitted for any piece of land for any marketing year and on condition that no other application for a per hectare aid under the common organization of a market has been made for the same piece of land; whereas, however, compensatory payments may be granted on land that is aided under a scheme falling within the structural or environmental policies;
Whereas the planting of areas for the sole purpose of receiving a compensatory payment should be prevented; whereas to this end pieces of land in respect of which a compensatory payment is applied for must be cultivated normally;
Whereas in view of the special treatment afforded to durum wheat under Regulation (EEC) No 1765/92 specific rules are required for this cereal; whereas in this connection and in order not to destabilize durum wheat production in the traditional regions the conditions to be met when entitlement to the supplement to the compensatory payment referred to in Article 4 (3) of Regulation (EEC) No 1765/92 is transferred should be laid down;
Whereas pieces of land sown to mixtures of cereals with oil seeds and protein crops are eligible for compensatory payments; whereas the compensatory payment for such areas should be based on the payment applicable to cereals;
Whereas, in order to prevent an excessive increase in maize growing for silage in certain parts of the Community, Member States should be authorized to make compensatory payments for areas sown to this crop at the rate applicable for another feed cereal;
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
Without prejudice to the provisions of Commission Regulation (EEC) No 2294/92 (1) and (EEC) No 2295/92 (2), the compensatory payments referred to in Title I of Regulation (EEC) No 1765/92 shall be granted on the conditions laid down in this Regulation.
TITLE I Eligible crops and areas
Article 2
Not more than one application for compensatory payment as provided for by Regulation (EEC) No 1765/92 may be made per marketing year for any piece of land.
No compensatory payment may be granted on any piece of land which is the subject of an application for a per hectare aid under a scheme financed under Article 1 (2) of Council Regulation (EEC) No 729/70 (1) for an arable crop other than those covered by Regulation (EEC) No 1765/92.
Article 3
For the purposes of Article 9 of Regulation (EEC) No 1765/92 the definitions of permanent pasture and permanent crops set out in the Annex hereto shall apply. Land on which aid has been granted under Title I of Council Regulation (EEC) No 2328/91 (2) or under Council Regulation (EEC) No 3766/91 (3) shall remain eligible.
Article 4
1. For the purposes of Article 10 (2) of Regulation (EEC) No 1765/92 an area of cereals must be fully sown in line with locally recognized standards and maintained until at least the beginning of flowering in normal growth conditions.
2. Where application for compensatory payment is made for an area containing trees, the size of the area must be adjusted in line with the number of trees according to the customary rules of the Member State concerned.
3. Compensatory payment as provided for in Articles 4 (1) and 8 (3) of Regulation (EEC) No 1765/92 shall be granted on areas applied for of a minimum of 0,3 ha, each separate piece of which is larger than the minimum size set by the Member State for the region in question.
Article 5
If a producer's eligible areas are located in several production regions the amount to be paid shall be determined by the location of each area included in his application.
TITLE II Durum wheat
Article 6
1. For the purposes of Article 4 (3) of Regulation (EEC) No 1765/92 producers must choose the marketing year to be used before a date to be set by the Member State. The latest date that may be set shall be the date for submission of applications for the compensatory payment for the 1993/94 marketing year.
2. Member States shall assign to each producer entitlement to the supplement for, at most, the number of hectares for which the aid has been paid or the area actually indicated by a check made in respect of the marketing year chosen.
On this basis the Member State shall draw up a register.
3. Transfer of entitlement to the supplement for durum wheat must be accompanied by transfer of entitlement to work the same number of hectares of eligible land.
4. The register referred to in paragraph 2 shall be amended when entitlements are transferred or eligible land is permanently withdrawn from agricultural use.
Article 7
1. Applications for the supplement shall be conditional on an application for compensatory payment for the same number of hectares of durum wheat.
2. The supplement shall be paid at the same time as the compensatory payment.
3. The varieties excluded from the durum wheat production aid scheme for the 1992/93 marketing year shall also be excluded for the purposes of this Article for 1993/94.
TITLE III Special provisions
Article 8
Where cereals are mixed with products listed under headings II and III of Annex I to Regulation (EEC) No 1765/92 the compensatory payment shall be that set for cereals.
Article 9
Member States treating maize separately in a region where maize is grown principally for silage are authorized to apply the yield for another feed cereal to all maize areas in that region.
Article 10
The conversion rate to be used for all compensatory payments shall be that valid for cereals on 1 July of the marketing year.
Article 11
Member States shall adopt whatever other measures are required for application of this Regulation and notify them to the Commission by 31 December 1992.
Article 12
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 September 1992. | [
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COMMISSION REGULATION (EC) No 996/1999
of 11 May 1999
on the implementation of Council Decision 1999/65/EC concerning the rules for the participation of undertakings, research centres and universities and for the dissemination of research results for the implementation of the fifth framework programme of the European Community (1998-2002)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Decision 1999/65/EC of 22 December 1998 concerning the rules for the participation of undertakings, research centres and universities and for the dissemination of research results for the implementation of the fifth framework programme of the European Community (1998-2002)(1), and in particular Article 22 thereof,
(1) Whereas the fifth framework programme of the European Community for research, technological development and demonstration activities (1998-2002) (hereinafter referred to as the "fifth framework programme") was adopted by Decision No 182/1999/EC of the European Parliament and of the Council(2); whereas, detailed rules must be laid down for the implementation of the rules regarding participation in the actions and of the rules governing the dissemination of research results laid down by Decision 1999/65/EC;
(2) Whereas participation in indirect research and technological development (RTD) actions requires the concept of participant to be defined taking into account, in particular, the capacity in which he takes part in a project and his rights and obligations;
(3) Whereas, in order to ensure that indirect RTD actions to be undertaken under the fifth framework programme have a European dimension, the application of the rules for the participation of undertakings, research centres and universities should place the emphasis on the requirement for several participants and on the transnational nature of the projects;
(4) Whereas the particular nature of the indirect RTD action or the RTD activity to be undertaken may justify making exceptions to those principles;
(5) Whereas, in view of their essentially transnational and European dimension, European Economic Interest Groupings (EEIG) within the meaning of Council Regulation (EEC) No 2137/85(3) should be able to take part on their own in indirect RTD actions requiring several participants;
(6) Whereas the Commission must be able to ensure that the participants will have the necessary resources, of whatever kind, to carry out indirect RTD actions; whereas, in order to safeguard the Community's financial interests and avoid obstacles to such actions being carried out, the Commission must also be informed of the importance and origin of such resources, and of the conditions of their availability;
(7) Whereas the Community's financial participation must be compatible with competition rules, notably those of the Community framework for State aid to research and development(4);
(8) Whereas the Community financial participation should be paid to the participants against justification of the eligible costs of the indirect RTD action, although other more appropriate methods may be used;
(9) Whereas, as regards indirect RTD actions consisting of research and technological development projects, demonstration projects and combined RTD/demonstration projects, the participants should charge total costs unless their accounting system allows only additional costs to be charged;
(10) Whereas, with a view to promoting innovation, reimbursement should be allowed with respect to certain costs of protecting knowledge and of measures to demonstrate its potential for use, in compliance with the rules of the Community framework for State aid for research and development;
(11) Whereas the costs of coordinating a project can be significant and it should be possible to charge them where they are borne by the project coordinator;
(12) Whereas provision should be made for charging overheads on a flat-rate basis, particularly with a view to encouraging a transition towards the charging of total costs;
(13) Whereas contracts may provide for payment of the Community's financial contribution in instalments; whereas there may nevertheless be restrictions on the possibility of the payment of an initial advance;
(14) Whereas the Community's financial contribution should be paid without prejudice to financial controls carried out by or on behalf of the Commission or the Court of Auditors;
(15) Whereas the rules governing ownership, extent of access rights and destination of knowledge depend, as a rule, on how close the project is to the market; whereas they should not be affected by exemptions or reductions regarding the rate of the Community financial participation referred to in Annex IV to the fifth framework programme;
(16) Whereas, in order to encourage the participation of small and medium-sized enterprises (SMEs) and to achieve the objectives of cooperative research projects, it should be possible for exceptions to be made to the principle of the ownership of knowledge by the participants who carried out the work;
(17) Whereas, in order to ensure the use of knowledge, it should be possible for exclusive access rights to be granted for exploitation purposes, while respecting the interests of the participants taking part in the same project and the applicable competition rules, in particular those of Commission Regulation (EC) No 240/96 of 31 January 1996 on the application of Article 85(3) of the Treaty to certain categories of technology transfer agreements(5);
(18) Whereas Member States and Associated States must be able to have access, in accordance with the conditions provided for in Decision 1999/65/EC, to knowledge that is relevant to their policy orientations, particularly with a view to prevent overlaps in research activities;
(19) Whereas the technological implementation plan should be prepared in line with progress on the work of the project; whereas it should be a determining element with a view to the use and dissemination of knowledge in the interests of the Community, the participants and international agreements with the Community; whereas the technological implementation plan should be drawn up in such a manner as to allow its monitoring and to allow the conditions of exploitation and the search for financial resources for development to be facilitated;
(20) Whereas the measures provided for in this Regulation are in accordance with the opinion of the Committee set up by Article 23 of Decision 1999/65/EC,
HAS ADOPTED THIS REGULATION:
PART I
GENERAL PROVISIONS
Article 1
This Regulation lays down the detailed rules for applying Articles 4, 8, 11 and 14 to 20 of Decision 1999/65/EC.
Article 2
1. The definitions in Decision 1999/65/EC apply to this Regulation.
2. For the purposes of this Regulation, the following definitions shall apply:
(a) "participant": a legal entity or international organisation, and the Joint Research Centre (JRC) under the conditions provided for in Article 7 of Decision 1999/65/EC, taking part in a project as principal contractor, assistant contractor, member, or grant holder;
(b) "project": work to be carried out, under one or more contracts, as part of an RTD action provided for in the fifth framework programme;
(c) "contract": agreement between the Community and one or more principal contractors and, as relevant, assistant contractors, with the aim of carrying out or contributing to a project;
(d) "principal contractor": a participant, other than an assistant contractor, taking part in a project by virtue of the conclusion of a contract and having the rights and obligations provided for in this Regulation and in the contract;
(e) "assistant contractor": for indirect RTD actions consisting of research and technological development projects, demonstration projects and combined RTD/demonstration projects, a participant taking part in a project by virtue of the conclusion of a contract, acting under the technical supervision of one or more principal contractors and having the same rights and obligations as them, except as regards the scope of its responsibility for the execution of the project pursuant to the contract and access rights;
(f) "member": for indirect RTD actions consisting of research training networks, thematic networks and accompanying measures with similar objectives, and concerted actions, a participant taking part in a project under a membership contract signed with a principal contractor acting in agreement with the Community and in accordance with the contract, having the same rights and obligations pursuant to the membership contract vis-à-vis the Community as the principal contractor except where otherwise stipulated;
(g) "grant holder": a natural person taking part in an indirect RTD action consisting of a grant, who either concludes a contract with the Community or takes part, by virtue of an agreement with a host institute, in a contract concluded between the Community and that host institute;
(h) "subcontract": an agreement to provide services, supplies or goods between a principal contractor, assistant contractor or member and one or more subcontractors for the specific needs of the project under the conditions provided for in the contract;
(i) "subcontractor": a legal entity or international organisation, or the JRC, which is a party to a subcontract;
(j) "complementary contract": an agreement with the Community covering work that is technically interdependent with one or more projects, including for the purpose of using knowledge, and accepted as such by the participants in each contract;
(k) "complementary contractor": a legal entity or international organisation, or the JRC under the conditions provided for in Article 7 of Decision 1999/65/EC, which is a party to a complementary contract and is accepted as such by the participants in each contract;
(l) "RTD performer": a legal entity or international organisation, or the JRC, carrying out RTD work on behalf of participants, and by virtue of an agreement concluded with them, under indirect RTD actions consisting of cooperative research projects;
(m) "consortium agreement": one or more agreements between participants in a project, and, as the case may be, RTD performers, which aims to specify or supplement as between them the provisions of a contract, but without coming into conflict with them;
(n) "European Economic Interest Grouping": any legal entity formed under the conditions, by the procedures and with the effects laid down by Regulation (EEC) No 2137/85;
(o) "access rights": licences and rights to use knowledge or pre-existing know-how;
(p) "favourable conditions": conditions more favourable than market conditions owing to discounts of any kind.
PART II
MODES OF PARTICIPATION OF UNDERTAKINGS, RESEARCH CENTRES AND UNIVERSITIES IN INDIRECT RTD ACTIONS
CHAPTER I
Number of participants
Section 1
Indirect RTD actions involving several participants
Article 3
1. The following indirect RTD actions shall involve several participants, including at least two principal contractors required to satisfy the conditions laid down in Article 4(1) of Decision 1999/65/EC:
(a) research and technological development projects;
(b) demonstration projects;
(c) combined RTD/demonstration projects;
(d) technology stimulation projects for SMEs, consisting of exploratory awards.
2. Indirect RTD actions consisting of cooperative research projects, as part of technology stimulation projects for SMEs, shall be carried out by at least three SMEs participating as principal contractors and satisfying the conditions laid down in Decision 1999/65/EC, in particular Article 4(1) thereof.
3. An EEIG is, by its nature, regarded as satisfying the conditions of Article 4(1) of Decision 1999/65/EC and may therefore be a sole principal contractor in the indirect RTD actions referred to in paragraph 1 of this Article. The same applies in the case of indirect RTD actions referred to in paragraph 2 when the EEIG comprises at least three SMEs.
Where an EEIG merely coordinates and organises the activities of its members, however, the conditions of Article 4(1) of Decision 1999/65/EC must be satisfied by those of its members which actually carry out the research on its behalf under the project.
Article 4
The following indirect RTD actions shall involve several participants, including at least two principal contractors or one principal contractor and one member satisfying the conditions of Article 4(1) of Decision 1999/65/EC:
(a) research training networks;
(b) thematic networks;
(c) concerted actions.
Article 5
1. Two legal entities are independent of one another within the meaning of Article 4(1) of Decision 1999/65/EC where there is no controlling relationship between them.
A controlling relationship exists where one legal entity directly or indirectly controls the other or one legal entity is under the same direct or indirect control as the other.
Control may result in particular from:
(a) direct or indirect holding of a majority of share capital in a legal entity or a majority of voting rights of the shareholders or associates of that entity;
(b) direct or indirect holding in fact or in law of decision-making powers in a legal entity.
2. Direct or indirect holding of a majority of share capital in a legal entity or a majority of voting rights of the shareholders or associates of such entity by public investment corporations, institutional investors or venture-capital companies and funds does not in itself constitute a controlling relationship.
3. Ownership or supervision of legal entities by the same public body does not in itself generate a controlling relationship between them.
Section 2
Indirect RTD actions which may involve a single participant
Article 6
Indirect RTD actions consisting of accompanying measures, grants and support for access to research infrastructures may be carried out by a single principal contractor or grant-holder who must satisfy the conditions laid down in Article 4(2) of Decision 1999/65/EC.
CHAPTER II
Conditions applicable to resources
Article 7
The resources referred to in Article 8(2) of Decision 1999/65/EC shall be assessed according to and as far as is necessary for the execution of the indirect RTD action and with regard to the nature of the work to be carried out.
Article 8
The resources needed to carry out the indirect RTD action include the participants' own resources and, without prejudice to Article 12(3), second subparagraph, resources made available to them by third parties by virtue of a prior commitment.
Article 9
1. Participants must be able to demonstrate, when submitting a proposal for an indirect RTD action, that they have or will have the resources needed to carry out the indirect RTD action, and in particular to specify the origin of those resources and the terms on which they will have access to them.
2. Participants must have at their disposal the resources needed to carry out the work as it progresses.
CHAPTER III
Community financial participation and eligible costs
Section 1
General principles
Article 10
1. The Community's financial participation under the fifth framework programme shall consist of a partial or full refund of the participants' eligible costs as defined by Article 11(2) of Decision 1999/65/EC.
Contracts shall stipulate that the Community's financial participation may not exceed a certain amount.
2. Where appropriate, contracts may provide for a Community financial participation under the fifth framework programme in the form of preset amounts, amounts calculated on the basis of flat rates, or an assessment of the estimated costs, notably in the following cases:
(a) projects for which the Community's financial contribution is less than or equal to EUR 100000;
(b) projects involving payments linked to the demonstration of best efforts to complete contractually agreed objectives;
(c) projects consisting of grants and accompanying measures covered by invitations to apply as independent experts.
3. Where the participants have so agreed among themselves and with the Commission, and where appropriate, contracts may provide for payments based on composite rates, provided that those rates do not significantly differ from the actual costs of each participant.
Section 2
Charging of total or additional eligible costs
Article 11
1. Without prejudice to Article 14(1), participants in indirect RTD actions shall charge total eligible costs to the Commission in the case of the following actions:
(a) RTD projects;
(b) demonstration projects;
(c) combined RTD/demonstration projects;
(d) cooperative research projects;
(e) exploratory awards;
(f) accompanying measures.
Participants in indirect RTD actions shall, in compliance with Annex IV to the fifth framework programme, charge additional eligible costs to the Commission where, in the Commission's view, the participants do not have an accounting system that allows the share of their direct and indirect costs relating to the project to be distinguished.
2. Participants in indirect RTD actions shall charge additional eligible costs to the Commission when Annex IV to the fifth framework programme expressly provides for that principle, namely in the case of the following actions:
(a) support for access to research infrastructures;
(b) training grants;
(c) research training networks;
(d) thematic networks;
(e) concerted actions.
Section 3
Eligible cost categories
Article 12
1. According to the indirect RTD action, the eligible costs categories shall include:
(a) personnel;
(b) durable equipment;
(c) consumables;
(d) travel and subsistence;
(e) computing;
(f) subcontracting;
(g) protection of knowledge and measures to demonstrate the potential for use of knowledge;
(h) other specific costs;
(i) overheads.
2. The coordination costs of the principal contractor coordinating a project may be charged either under one or more of the cost categories mentioned in paragraph 1(a) to (e), (g) and (h), under the conditions laid down in the contracts, or as overheads as referred to in paragraph 1 (i). They must appear as such in the cost statements.
The costs of coordinating indirect RTD actions consisting of cooperative research projects may however be charged under paragraph 1(f) where none of the principal contractors referred to in Article 3(2) is in a position to act as coordinator.
3. One cost incurred by a participant may be charged to only one of the eligible cost categories set out in paragraph 1.
No cost shall be charged in connection with resources being made available to a participant free of charge.
Article 13
1. Without prejudice to any special provisions contained in the specific programmes and in the contracts, eligible costs other than the overheads referred to in Article 14 shall be charged in accordance with the rules laid down in paragraphs 2 to 9.
2. Personnel costs shall be charged on the basis of the time actually spent on the project by the personnel directly hired by a participant, within the limits and under the terms laid down in the contract. They shall include the participant's expenses for taking on the personnel, including their remuneration and related charges.
Contracts may allow a participant to charge average costs provided that they are established in accordance with its usual practices and do not differ significantly from actual costs.
For a participant charging additional eligible costs within the meaning of Article 11(1), second subparagraph, except in specific cases provided for in the specific programme, personnel costs shall comprise the costs generated by the sole participation in the indirect RTD action, and shall not include costs which have to be borne irrespective of whether the participant takes part.
3. The refundable amount of durable equipment costs shall depend, except in specific cases provided for in the specific programme, on the life of the equipment and the extent to which it is used for the needs of the project, in accordance with the conditions laid down in the contract.
4. Consumables costs shall cover only materials purchased specifically for the needs of the project, including software licences, where justified by its purpose.
5. The refunding of travel and subsistence costs shall require the prior approval of the Community for any destination outside the territory of the Member States, the Associated States or a third country in which a participant in the same project is established, unless such a destination is provided for in the contract.
6. Computing costs shall comprise the costs arising out of the use of the participant's computer services and media.
7. The subcontracting costs of a participant in an indirect RTD action shall comprise the price paid to the subcontractor, RTD performer or service provider, and must be in line with market prices.
8. The costs of protecting knowledge and of measures to demonstrate the potential for use of knowledge shall exclude the costs of obtaining the access rights referred to in Articles 26 to 35 and the costs of creating and marketing a product or process and the costs of creating and providing a service. Without prejudice to competition rules, they shall be refundable only with the Commission's written consent.
9. The other specific costs are those necessary for an indirect RTD action and different in nature from those set out in paragraphs 2 to 8 of this Article and in Article 14. They shall be refundable only with the Commission's written consent and may include, in particular, direct costs incurred in the setting-up of financial guarantees requested by the Commission with a view to the payment of an initial advance.
Article 14
1. Participants in an indirect RTD action charging total eligible costs may charge overheads either on an actual-cost basis and in compliance with the contracts, provided that the supporting documents are acceptable to the Commission, or on a flat-rate basis.
Flat-rate overheads shall amount to 80 % of the costs of the participants' personnel for research and technological development projects, demonstration projects, combined RTD/demonstration projects and cooperative research projects. For the other categories of indirect RTD actions, contracts may provide for other percentages where applicable. For certain accompanying measures, the contract may provide that overheads may not be refunded.
2. Where the participants in an indirect RTD action charge additional eligible costs within the meaning of Article 11, overheads shall, except where the contract provides otherwise, amount to 20 % of their costs, excluding subcontracting costs.
Section 4
Payment of the community contribution
Article 15
1. The Community contribution shall be paid under the conditions provided for in the contracts and may include several provisional payments in accordance with the rules laid down in paragraphs 2 and 3.
2. To speed up or facilitate the start of the work, the Commission pays an initial advance which amounts to 40 % of the maximum contribution referred to in Article 10(1), second subparagraph.
The rate of the advance may, however, be reduced in accordance with the requirement of protecting the Community's financial interests.
It may also be reduced where there is a significant difference between the needs the advance would cover during the first year of the project and the real needs for the same period.
The cumulative amount of the initial advance and the successive provisional payments may not exceed 85 % of the maximum contribution referred to in the Article 10(1), second subparagraph.
3. In the framework of the indirect RTD actions consisting of accompanying measures and grants, contracts may provide for the payment of an initial advance and specify its maximum amount and the maximum amount of all the provisional payments.
Section 5
Financial audits
Article 16
1. Without prejudice to the provisions of the contracts, the Commission and its authorised representatives are empowered to carry out financial controls with a view in particular to ensuring that the provisions of Chapter III are complied with. Such controls may be carried out, in accordance with the requirements of confidentiality, at any time during the contract and at the latest five years after each payment made by the Commission.
In order to carry out such controls and in conformity with the provisions of the contracts, the Commission and its authorised representatives shall have access to any data they consider relevant, on whatever medium, and may require that such data be handed over to them in an appropriate form.
2. The Court of Auditors may check on the use of the Community's financial contribution in the contracts on the basis of its own rules.
PART III
MODES OF DISSEMINATION AND USE OF KNOWLEDGE
TITLE I
Rules applicable to indirect RTD actions
CHAPTER I
Adaptation of the rules for the dissemination and use of knowledge
Article 17
1. The rules regarding ownership, extent of access rights, and the use or dissemination of knowledge depend on the rate of Community financial participation referred to in Annex IV to the fifth framework programme or, exceptionally, on the particular nature of the indirect RTD action in accordance with the provisions of Chapters II to VI.
2. The rules set out in paragraph 1 shall not be affected by:
(a) any exceptions provided for by the specific programmes to the rates of Community financial participation referred to in Annex IV to the fifth framework programme;
(b) the reduction of the rates of Community financial participation referred to in Annex IV to the fifth framework programme owing to the application of the rules on combined State aid;
(c) any other reduction of the rates of Community financial participation referred to in Annex IV to the fifth framework programme at the request of the participants.
CHAPTER II
Ownership of knowledge
Article 18
1. Knowledge gained from projects, all the costs of which are borne by the Community, shall be the property of the Community.
At the participants' request, the Commission may authorise them to use its knowledge, on a royalty-free basis, for all their internal needs.
2. Knowledge gained from projects partly funded by the Community shall be the property of the participants carrying out the work leading to that knowledge.
3. Where several participants have carried out work generating knowledge, they shall agree among themselves on the allocation and the terms of exercising the ownership of the knowledge in accordance with the provisions of this Regulation and of the contract.
4. If personnel hired, and in particular employed, by a participant or RTD performer may claim rights to knowledge, the participant shall take steps or reach appropriate agreements to ensure that these rights can be exercised in a manner compatible with its obligations under this Regulation and the contract.
5. Paragraphs 1 to 4 apply with prejudice to Article 19.
Article 19
1. Knowledge gained from cooperative research projects shall be the joint property of the principal contractors referred to in Article 3(2).
They shall jointly decide the terms for exercising and terminating joint ownership of the knowledge in accordance with the provisions of this Regulation and the contract.
RTD performers shall make available to the principal contractors referred to in Article 3(2) the necessary data to enable or facilitate the exercise of ownership of the knowledge free of charge.
2. In the case of certain accompanying measures, the contract may provide that the knowledge is owned by the participants.
3. In the case of grants, the contract shall lay down the terms of allocating and exercising ownership of the knowledge.
Article 20
Where a participant transfers ownership of knowledge, he shall take steps or conclude agreements to pass on his obligations under this Regulation and the contract to the assignee.
The participant shall inform the Commission and other participants in the same project in advance of the conditions of the assignment.
CHAPTER III
Protection of knowledge
Article 21
1. The owners of knowledge shall provide adequate and effective protection for knowledge that is usable under Article 23.
The terms of the protection, including deadlines, shall be defined in the technological implementation plan referred to in Article 20 of Decision 1999/65/EC.
2. Where the Commission considers it necessary to protect knowledge in a particular country and such protection has not been applied for or has been waived, the Commission may, with the agreement of the participant concerned, take protection measures. In this case, the Community shall take on the obligations referred to in Article 22 to 35 instead of the participant.
The participant may not refuse without good reason.
The participant shall be entitled to royalty-free access rights in the country concerned, on terms to be defined in the contract, and shall be entitled to grant sub-licences.
3. A participant may publish, or allow the publication of, data, on whatever medium, concerning knowledge it owns provided that this does not affect the protection of that knowledge.
The Community and the other participants in the same project shall be given prior notice of any planned publication. A copy of the medium containing these data shall be communicated to them if they so request within 30 days after receipt of such notice. The Community and the other participants may object to publication within a new period of 30 days after receipt of such data on the ground that, from their point of view, it would adversely affect the protection of the knowledge as referred to in paragraph 1.
The consortium agreements may specify the details of such a right to object.
CHAPTER IV
Use of knowledge
Article 22
1. The participants shall use or cause to be used the knowledge referred to in Article 23 which they own, in accordance with the interests of the Community and in compliance with international agreements concluded with the Community.
The terms of use, including a reasonable deadline at which it must take place, shall be set out in the technological implementation plan in accordance, in particular, with the area of activity concerned.
2. If the knowledge is not used in accordance with paragraph 1, second subparagraph, the participants shall disseminate it, in accordance with the conditions set out in Article 19 of Decision 1999/65/EC, within a period laid down by the Community. Should the participants fail to do so, the Community shall disseminate the knowledge itself.
Article 23
1. The participants shall, in accordance with Article 22(1), use or cause to be used the knowledge gained, in particular from the following indirect RTD actions:
(a) research and technological development projects;
(b) demonstration projects;
(c) combined RTD/demonstration projects;
(d) cooperative research projects.
2. In the case of demonstration projects and cooperative research projects, the use of knowledge shall give priority to exploitation of such knowledge, taking account of the legitimate interests of the participants.
3. In the case of combined RTD/demonstration projects, paragraph 2 shall apply, as a rule, to knowledge gained from the "demonstration" component.
It shall also apply where the "research and technological development" and "demonstration" components are not distinguishable and the weighted average of the Community funding rates normally applicable to both components does not exceed 42,5 %.
CHAPTER V
Making knowledge and pre-existing know-how available
Article 24
1. Access rights shall be granted by participants or RTD performers on request on the conditions provided for in Articles 26 to 35. Access rights shall be granted to pre-existing know-how provided that the participant concerned is free to do so.
2. The granting of access rights may be made conditional on the conclusion of specific agreements aimed at ensuring that they are used only for the intended purpose, and appropriate confidentiality agreements.
3. Except where the participant granting access rights so agrees, such rights give no entitlement to grant sub-licences.
4. With the agreement of the participant concerned, access rights may be granted on financial terms more favourable than those provided for in Articles 26 to 35.
5. Participants in a project may designate another contract as complementary contract and lay down terms for granting access rights, the period for which access rights may be demanded and the related financial conditions.
6. The essential transfer costs for the granting of access rights shall be borne by the beneficiary.
Article 25
Consortium agreements with the purpose, in particular, of granting additional access rights or supplementing the requirements applicable to access rights, but not conflicting with the latter, may be concluded between the participants and, as the case may be, RTD performers. Any agreement of this type must comply with competition policy as defined in the Treaty.
Section 1
Access rights for the execution of the project
Article 26
1. As regards research and technological development projects, paragraphs 2 and 3 shall apply.
2. Principal contractors involved in the same project shall enjoy royalty-free access rights to the knowledge needed to carry out their own work under that project.
Assistant contractors involved in the same project shall enjoy royalty-free access rights to the knowledge needed to carry out their own work under that project, when such rights are requested from the principal contractor or principal contractors to whose technical supervision they are subject or their other assistant contractors. When they are requested from other participants in the same project, access rights shall be granted on favourable conditions.
Subject to legitimate interests as provided in the contract, principal contractors established in a Member State or Associated State and working under the same specific programme shall enjoy access rights to the knowledge needed to carry out their own work under that specific programme on favourable conditions.
3. Principal contractors involved in the same project shall enjoy access rights to the pre-existing know-how needed to carry out their own work under that project on favourable conditions.
Assistant contractors involved in the same project shall enjoy access rights to the pre-existing know-how needed to carry out their own work under that project on favourable conditions, when such rights are requested from the principal contractor or principal contractors to whose technical supervision they are subject or their other assistant contractors. When they are requested from other participants in the same project, access rights shall be granted on market conditions.
Article 27
1. As regards demonstration projects, paragraphs 2 and 3 shall apply.
2. Principal contractors involved in the same project shall enjoy royalty-free access rights to the knowledge needed to carry out their own work under that project.
Assistant contractors involved in the same project shall enjoy royalty-free access rights to the knowledge needed to carry out their own work under that project, when such rights are requested from the principal contractor or principal contractors to whose technical supervision they are subject or their other assistant contractors. When they are requested from other participants in the same project, access rights shall be granted on favourable conditions.
3. Principal contractors involved in the same project shall enjoy access rights to the pre-existing know-how needed to carry out their own work under that project on favourable conditions.
Assistant contractors involved in the same project shall enjoy access rights to the pre-existing know-how needed to carry out their own work under that project on favourable conditions, when such rights are requested from the principal contractor or principal contractors to whose technical supervision they are subject or their other assistant contractors. When they are requested from other participants in the same project, access rights shall be granted on market conditions.
Article 28
1. As regards combined RTD/demonstration projects, paragraphs 2 and 3 shall apply.
2. As a rule, the provisions of Article 26 shall apply to work involved in the "research and technological development", component. The provisions of Article 27 shall apply to the work involved in the "demonstration" component.
3. Where the "research and technological development" and "demonstration" components are not distinguishable, the provisions of Article 26 shall apply where the weighted average of the Community funding rates normally applicable to both components exceeds 42,5 %. At or below that rate the provisions of Article 27 shall apply.
Article 29
1. As regards cooperative research projects, paragraphs 2, 3 and 4 shall apply.
2. RTD performers involved in the same project shall enjoy royalty-free access rights to the knowledge needed to carry out their own work under that project.
3. RTD performers involved in the same project shall enjoy royalty-free access rights to the pre-existing know-how needed to carry out their own work under that project.
Principal contractors involved in the same project as referred to in Article 3(2) shall enjoy royalty-free access rights to the pre-existing know-how needed to carry out their own work under that project.
4. When the access rights referred to in paragraphs 2 and 3 are granted to RTD performers, the granting of such rights may be subject to the conclusion of specific agreements aimed at ensuring that they are used only for the intended purpose, and of appropriate confidentiality agreements.
Section 2
Access rights for use of knowledge
Article 30
1. As a rule, access rights may not be granted on an exclusive basis.
However, exclusive access rights to knowledge may be granted where it is economically indispensable in view, in particular, of the market, the risks and the investment required to exploit the knowledge. They shall be granted on market conditions.
Agreements on exclusive access rights shall satisfy the competition rules, notably those in Regulation (EC) No 240/96.
2. Participants planning to grant exclusive access rights shall give prior notice of the relevant conditions to the other participants.
Principal contractors involved in the same project may, within 30 days of receiving the notice referred to in the first subparagraph, state their commitment to exploit the knowledge on the basis of non-exclusive access rights, in accordance with the first subparagraph of paragraph 1. In that case, exclusive access rights may not be granted.
Article 31
A participant may refuse other participants access rights on his knowledge if he is exploiting it himself.
Such refusal shall only be justified, however, when it is economically indispensable in view, in particular, of the market, the risks and the investment required to exploit the knowledge.
Article 32
1. As regards research and technological development projects, paragraphs 2, 3 and 4 shall apply.
2. Principal contractors involved in the same project shall enjoy royalty-free access rights, for use purposes, to all the knowledge generated under that project.
A participant involved in the same project who does not generally carry out commercial activities and who is unable to exploit the knowledge he has generated may decide on his own to grant access rights to that knowledge to other principal contractors involved in that project, instead of royalty-free, on financial or similar terms which are reasonable and acceptable in relation to his contribution to the project and to the use potential of the knowledge. The negotiation of the terms shall not delay the granting of access rights.
Assistant contractors involved in the same project shall enjoy access rights to the knowledge needed to use the knowledge they have generated under that project on favourable conditions, when such rights are requested from the principal contractor or principal contractors to whose technical supervision they are subject or their other assistant contractors. When they are requested from other participants in the same project, access rights shall be granted on market conditions.
Subject to legitimate interests as provided in the contract, principal contractors established in a Member State or Associated State and involved in the same specific programme shall enjoy access rights to the knowledge generated under a project in the same specific programme which is needed to use the knowledge they have generated under that specific programme on market conditions.
3. Principal contractors involved in the same project shall enjoy access rights to the pre-existing know-how and to the knowledge other than that referred to under paragraph 2 which is needed to use the knowledge generated under that project on favourable conditions.
4. When the access rights referred to in paragraphs 2 and 3 are granted for the purpose of using knowledge in subsequent research activities, the granting of such rights may be made conditional on the submission of a duly justified request and on the conclusion of a specific agreement aimed at ensuring that they are used only for the intended purpose and of appropriate confidentiality commitments. In such a case, the access rights granted do not give any entitlement to grant sub-licences, unless the participant granting such rights agrees thereto.
Article 33
1. As regards demonstration projects, paragraphs 2 and 3 shall apply.
2. Principal contractors involved in the same project shall enjoy access rights, for exploitation purposes, to all the knowledge generated under that project, on favourable conditions.
Assistant contractors involved in the same project shall enjoy access rights to the knowledge needed to exploit the knowledge they have generated under that project on favourable conditions, when such rights are requested from the principal contractor or principal contractors to whose technical supervision they are subject or their other assistant contractors. When they are requested from other participants in the same project, access rights shall be granted on market conditions.
3. Principal contractors involved in the same project shall enjoy access rights to the pre-existing know-how and to the knowledge other than that referred to in paragraph 2 which is needed to exploit the knowledge generated under that project on favourable conditions.
Article 34
1. As regards combined RTD/demonstration projects, paragraphs 2 and 3 shall apply.
2. As a rule, the provisions of Article 32 shall apply to the work involved in the "research and technological development" component. The provisions of Article 33 shall apply to the work involved in the "demonstration" component.
3. Where the "research and technological development" and "demonstration" components are not distinguishable, the provisions of Article 32 shall apply where the weighted average of the Community funding rates normally applicable to both components exceeds 42,5 %. At or below that rate the provisions of Article 33 shall apply.
Article 35
Regarding cooperative research projects, principal contractors involved in the same project as referred to in Article 3(2) shall enjoy access rights to the pre-existing know-how needed to exploit the knowledge generated under that project on favourable conditions.
CHAPTER VI
Dissemination of knowledge
Article 36
1. The participants and the Community must disseminate or arrange the dissemination of the knowledge referred to in paragraph 2 which lends itself to dissemination and is their property.
Participants shall agree terms with the Commission for the dissemination of knowledge within a reasonable period, in accordance with the conditions set out in Article 19(2) and (3) of Decision 1999/65/EC, in particular their legitimate interests, and the content of the contracts.
2. The obligation referred to in paragraph 1 concerns knowledge gained, in particular, from the following indirect RTD actions:
(a) accompanying measures;
(b) exploratory awards;
(c) research training networks;
(d) thematic networks;
(e) concerted actions;
(f) support for access to infrastructures;
(g) grants.
Article 37
1. In particular cases, Member States and Associated States shall, on the basis of a reasoned request, have access to useful knowledge which is relevant to policy-making, including notably legislative policy-making.
Participants may oppose such a request in accordance with the conditions referred to in Article 19 of Decision 1999/65/EC.
2. The possibility of enjoying the access provided for in paragraph 1 shall be set out in the relevant calls for proposals and, if necessary, the implementing details thereof shall be specified in the contracts.
CHAPTER VII
Technological implementation plan
Article 38
The rules concerning the technological implementation plan laid down in Article 20 of Decision 1999/65/EC shall apply in particular in the context of the following indirect RTD actions:
(a) research and technological development projects;
(b) demonstration projects;
(c) combined RTD/demonstration projects;
(d) cooperative research projects.
Article 39
1. In accordance with the provisions of Article 17, the technological implementation plan shall include a summary of the project and a forecast of the participants' intentions, as well as a description of their achievements, regarding dissemination and use of the knowledge, in accordance with Article 20 of Decision 1999/65/EC.
2. The summary of the project shall be submitted to the Commission through the coordinator for the purpose of dissemination and shall contain a description of the project and its results as well as the names of the participants owning the results.
3. The forecast of the participants' intentions regarding dissemination and use of the knowledge as well as their achievements in that field shall be submitted to the Commission by each participant individually and shall contain, in particular, the following data:
(a) protection measures obtained or planned and steps taken to that effect;
(b) data necessary to ascertain the terms of use as described in Article 22(1), second subparagraph, including an indicative timetable and an outline of the resources contemplated for that purpose;
(c) terms of dissemination as described in Article 36(1), second subparagraph, including an indicative timetable and an outline of the resources contemplated for that purpose;
(d) any other data necessary to ascertain the extent of the Community added-value.
The Commission shall keep confidential any data, knowledge, document and other element expressly communicated to it as confidential.
4. Any change made to the initial dissemination and use plan which significantly alters the dissemination and use conditions shall be duly justified in the technological implementation plan.
Article 40
The technological implementation plan, complying with the conditions of Article 39, shall be provided to the Community, by the deadline and in accordance with the terms set out in the contract, and no later than the completion of the project.
Article 41
1. The technological implementation plan shall be approved by the Commission taking account of the interests of the Community as referred to in Article 2 of Decision 1999/65/EC and international agreements concluded with the Community.
2. The approval of the technological implementation plan, limited to verifying compliance with the obligations set out in the contract, shall be without prejudice to compliance with the conditions laid down in Articles 30 and 31.
3. In order to enable it to approve the technological implementation plan, the participants shall provide the Commission with the documentation they consider relevant in the light of Article 39, whatever its medium, and in an appropriate form.
Article 42
1. The participants shall inform the Commission, upon request, at any time during the period provided for in the contract, of the arrangements for carrying out the technological implementation plan.
Once it has been approved, they shall justify any change to it that significantly alters the dissemination or use conditions.
2. Participants shall provide the Commission, at the latest one year after the expiry of the deadlines laid down in the technological implementation plan, with a summary of the implementation of the plan for dissemination purposes without prejudice to Article 46.
Article 43
Without prejudice to the provisions laid down in the contracts, the Commission and its authorised representatives shall be empowered to carry out technological controls with a view to ensuring that participants are complying with the intentions stated in the technological implementation plan. The contracts shall determine the conditions under which the participants may oppose the carrying out of the technological controls by certain authorised representatives of the Commission.
Such controls may be carried out at any time after the approval of the technological implementation plan in accordance with Article 41, and up to one year after the expiry of the deadlines set out therein.
In order to carry out the controls, the Commission and its authorised representatives shall have access, on a confidential basis, to all data they consider relevant in the light of Article 39, on whatever medium, in the participants' possession, and may require it to be handed over to them in an appropriate form.
CHAPTER VIII
Incompatible or restrictive commitments
Article 44
1. Participants shall take all necessary steps to avoid commitments that are incompatible with the obligations provided for in Chapters III, IV and V or in the contract.
2. Without prejudice to paragraph 1, participants involved in the same project shall be informed, as soon as possible, by the participant required to grant access rights of any limitations on the granting of access rights to pre-existing know-how, obligations to grant rights to the knowledge or any restriction which might substantially affect the granting of access rights.
CHAPTER IX
Publicity and confidentiality
Article 45
1. The Commission shall publish general data, notably on the objectives, total estimated cost and Community financial contribution, duration and progress of the projects and knowledge.
The legal names of the participants and the names of the laboratories carrying out the work shall also be published unless the participants object, with sufficient advance notice, on duly substantiated, essential grounds of an industrial or commercial nature.
2. Any communication, publication or dissemination, on whatever medium, concerning the progress of the project or concerning the knowledge shall make appropriate mention of the programme under which the work is being carried out or the knowledge gained, and the support provided by the Community.
It shall be stated that the author is solely responsible for content communicated, published or disseminated and that it does not represent the Commission's opinion.
3. Contracts may contain additional provisions regarding publicity and confidentiality.
Article 46
1. Without prejudice to Article 45 and subject to the conditions to be laid down in the contracts, the Commission and the participants shall keep confidential any data, knowledge and documents communicated to them as confidential.
2. When disclosing any data, knowledge and documents, as referred to in paragraph l, the Commission and the participants shall first require the recipient to keep it confidential and to use it only for the purpose for which it was disclosed.
Article 47
For the entire duration of the contract, and for a further two years following its expiry, participants shall, without prejudice to Article 46, provide appropriate data to standardisation bodies regarding knowledge obtained under that contract which may contribute to the preparation of European standards or, as appropriate, international standards. The Commission shall inform the contractors as far as possible of any standardisation work under way or planned.
TITLE III
Rules applicable to direct RTD actions
CHAPTER I
Ownership of knowledge
Article 48
1. Knowledge gained from projects undertaken under direct RTD actions shall be the property of the Community.
2. Where the Community transfers ownership of knowledge, it shall take steps or conclude agreements to pass on its obligations under this Regulation to the assignee.
CHAPTER II
Protection of knowledge
Article 49
1. The Community shall ensure adequate and effective protection of knowledge that is eligible for use under Article 50.
2. The Community may disclose data about the knowledge it owns provided that the protection of that knowledge is not thereby affected.
CHAPTER III
Use of knowledge
Article 50
The Community shall use or cause to be used the knowledge owned by it which lends itself to such use, in accordance with the interests of the Community.
The terms of use shall depend in particular on the area of activity concerned.
CHAPTER IV
Making knowledge available for use
Article 51
1. Knowledge owned by the Community should be made available to any interested legal entity established in the Community or an Associated State for its research needs or in so far as it undertakes to use such knowledge, or to cause it to be used, in accordance with the interests of the Community.
Such provision of knowledge may be subject to appropriate conditions, particularly concerning the payment of fees.
2. The rules laid down in paragraph 1 shall not apply to confidential knowledge.
Article 52
As a rule, knowledge owned by the Community may not be made available on an exclusive basis.
Exclusive agreements may be concluded, however, when it is economically indispensable in view, in particular, of the market, the risks and the investment required to exploit the knowledge. They shall be granted on market conditions.
Agreements on exclusive availability of knowledge shall satisfy the competition rules, notably those in Regulation (EC) No 240/96.
Article 53
The Community may refuse to make its knowledge available under the conditions provided for in Article 51 if it is exploiting it itself.
Such refusal shall only be justified, however, when it is economically indispensable in view, in particular, of the market, the risks and the investment required to exploit the knowledge.
CHAPTER V
Dissemination of knowledge
Article 54
The Community shall disseminate or cause to be disseminated the knowledge owned by it which lends itself to such dissemination, in accordance with the conditions laid down in Article 19(1) of Decision 1999/65/EC.
Part IV
Final provisions
Article 55
This Regulation shall not affect the provisions contained in the decisions adopting the specific programmes specifying or supplementing Decision 1999/65/EC.
Article 56
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.
Done at Brussels, 11 May 1999. | [
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COMMISSION REGULATION (EC) No 1304/97 of 4 July 1997 derogating from and amending Regulation (EEC) No 2456/93 laying down detailed rules for the application of Council Regulation (EEC) No 805/68 as regards the general and special intervention measures for beef
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 805/68 of 27 June 1968 on the common organization of the market in beef and veal (1), as last amended by Regulation (EC) No 2222/96 (2), and in particular Articles 6 (7) and 22a (3) thereof,
Whereas, because of the current reduced consumption of beef and veal in the Community, prices continue to be low; whereas the situation calls for support measures;
Whereas, to that end, certain derogations should be made from Commission Regulation (EEC) No 2456/93 (3), as last amended by Regulation (EC) No 2368/96 (4), in respect of invitations to tender opened in the third quarter of 1997;
Whereas, in order for intervention to provide a full response to the serious situation on the market, the list of eligible qualities laid down for the United Kingdom and Ireland should be extended; whereas the abovementioned Regulation should also be supplemented, on an exceptional and temporary basis and for the sake of fairness, to allow the buying-in of carcases of young bovine animals in conformation classes S and E in Member States where production of those classes predominates and the market prices are regularly recorded; whereas, finally, the maximum quantities of products of category A, classes 02 and 03, eligible for intervention in the Member States referred to in the third subparagraph of Article 4 (1) should be increased;
Whereas, as demand is low at this time of year for certain less value cuts, including the flank, buying-in for intervention of forequarters of the 'Pistola` type, which include the abovementioned flank, should also be authorized; whereas the conditions for the acceptance of forequarters should be specified;
Whereas, following the buying-in of forequarters, the price of such products should be defined on the basis of carcase prices;
Whereas, by way of an exception, the maximum weight provided for in Article 4 (2) (h) of Regulation (EEC) No 2456/93 has not applied; whereas there should be a gradual return to the weight limit originally laid down;
Whereas the closing dates for the submission of tenders are the second and fourth Tuesdays of the month; whereas, in view of the public holidays in August 1997, the closing dates for the third quarter of 1997 should be changed for practical reasons;
Whereas the present difficult situation in the beef and veal sector makes it appropriate, temporarily, to maintain the revised amount of the increase applicable to the average market price used to define the maximum buying-in price;
Whereas the rules on the quick-freezing of boned meat and of meat on the bone should be specified, as should the rules on the hanging of carcases;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,
HAS ADOPTED THIS REGULATION:
Article 1
1. Notwithstanding the first subparagraph of Article 4 (1) of Regulation (EEC) No 2456/93:
(a) The additional products not included in Annex III to that Regulation which may be bought into intervention shall be as follows:
UNITED KINGDOM
Great Britain
- Category A, class U2 and class U3,
- Category A, class R2 and class R3,
- Category A, class O2 and class O3,
- Category C, class U3 and class U4,
- Category C, class O3 and class O4.
Northern Ireland
- Category A, class U2 and class U3,
- Category A, class R2 and class R3,
- Category A, class O2 and class O3,
- Category C, class O3 and class O4.
IRELAND
- Category C, class O4.
The difference between the intervention price for the quality R3 and that for quality O4 shall be ECU 30 per 100 kilograms.
The coefficient to be used for converting tenders submitted for quality R3 into tenders for quality O4 shall be 0,914 (middle class);
(b) Products in category A falling within conformation classes S2, S3, E2 and E3 in accordance with the Community classification scale may be bought into intervention in Member States which regularly record the prices for those qualities and where classes S and E accounted for at least 50 % of the animals slaughtered in category A in 1995.
The coefficients to be used for converting from quality R3 into qualities S2, S3, E2 and E3 shall be 1,365, 1,304, 1,228 and 1,156 (middle class) respectively.
2. Notwithstanding Article 4 (2) of Regulation (EEC) No 2456/93:
(a) carcases and half-carcases of castrated animals reared in the United Kingdom which are more than 30 months old may not be bought in;
(b) the following may be bought in:
- forequarters five-rib straight cut from the carcases or half-carcases referred to in that paragraph; the price of forequarters shall be derived from the carcase price using the coefficient 0,80,
- forequarters with the flank attached obtained from a five-rib 'Pistola` cut from the carcases or half-carcases referred to in that paragraph and intended for boning in accordance with Title II: the price of forequarters shall be derived from the carcase price using the coefficient 0,68.
3. Notwithstanding Article 4 (2) (h) of Regulation (EEC) No 2456/93, the maximum weight of carcases as referred to in the above provision shall be:
(a) 360 kilograms for carcases of animals in categories A and C, conformation classes U, R and O;
(b) 450 kilograms for carcases of animals in category A, conformation classes S and E.
4. Notwithstanding the first sentence of Article 10 of Regulation (EEC) No 2456/93, during the third quarter of 1997, the deadline for the submission of tenders shall expire at 12 noon (Brussels time):
- on the second and fifth Tuesdays of July,
- on the third Tuesday of August,
- on the second and fourth Tuesdays of September.
5. Notwithstanding Article 14 (1) of Regulation (EEC) No 2456/93:
(a) the increase applicable, in accordance with the first sentence, to the average market price shall be ECU 14 per 100 kilograms carcase weight;
(b) the increase applicable, in accordance with the second sentence, to the average market price shall be ECU 7 per 100 kilograms carcase weight.
6. Notwithstanding Article 17 of Regulation (EEC) No 2456/93, where take-over is limited to forequarters, the latter must be presented together with the corresponding hindquarters in order to be accepted by the intervention agency, so that the maximum weight, presentation and classification of the carcases from which they originate may be verified.
However, where preliminary inspection of the forequarters and hindquarters has been conducted under the conditions referred to in paragraph 3 of that Article, the forequarters accepted during that inspection may be presented without the hindquarters for definitive take-over at the intervention centre after being transported there in a sealed means of transport.
7. Notwithstanding point 2 (c) of Annex V to Regulation (EEC) No 2456/93, for the purposes of this Regulation, forequarters shall mean:
- cut from the carcase after cooling in accordance with the conditions laid down in point 5,
- five-rib straight cut, or
- five-rib Pistola cut with flank attached.
8. Notwithstanding the first paragraph of point 1.2.8. 'Intervention flank` of Annex VII to Regulation (EEC) No 2456/93, where the forequarter is obtained as the result of a Pistola cut, the entire flank shall be separated from the Pistola forequarter at the level of the fifth rib.
Article 2
Regulation (EEC) No 2456/93 is hereby amended as follows:
1. the following paragraph is added to Article 28:
'The temperature of freezing of boned meat shall be such as to give an internal temperature equal to or lower than minus 7 °C within a maximum of 36 hours.`;
2. Annex IV is replaced by the Annex to this Regulation;
3. the first sentence of point 2 (a) of Annex V is replaced by the following:
'(a) carcase: the whole body of the slaughtered animal hung from the slaughterhouse hook by the hamstring after bleeding, evisceration and skinning, presented:`.
Article 3
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
Article 1 shall apply to invitations to tender opened during the months of July, August and September 1997.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 4 July 1997. | [
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*****
COMMISSION DECISION
of 16 March 1983
adjusting the boundaries of less-favoured areas within the meaning of Council Directive 75/268/EEC in France
(Only the French text is authentic)
(83/121/EEC)
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 75/268/EEC of 28 April 1975 on mountain and hill farming and farming in certain less-favoured areas (1), as last amended by Directive 82/786/EEC (2), and in particular Article 2 (3) thereof,
Whereas Council Directive 75/271/EEC of 28 April 1975 concerning the Community list of less-favoured farming areas within the meaning of Directive 75/268/EEC (France) (3), as last amended by Decision 81/408/EEC (4), identifies the areas in France included in the Community list of less-favoured areas within the meaning of Article 3 (3), (4) and (5) of Directive 75/268/EEC;
Whereas the French Government has applied, under Article 2 (1) of Directive 75/268/EEC, for an adjustment of the boundaries of the less-favoured areas listed in the Annex to Directive 75/271/EEC;
Whereas the transfer of certain areas already listed as areas within the meaning of Article 3 (4) and (5) of Directive 75/268/EEC to the list of areas within the meaning of Article 3 (3) of the same Directive is in accordance with the indices and the values, including the criteria for exceptions, used in Directive 75/271/EEC to define mountain areas;
Whereas the less-favoured areas resulting from these adjustments exhibit the indices and values used in Council Directive 77/118/EEC of 14 February 1977 amending Directive 75/271/EEC concerning the Community list of less-favoured farming areas within the meaning of Directive 75/268/EEC (France) (5) to define areas within the meaning of Article 3 (4) and (5) of Directive 75/268/EEC;
Whereas the adjustments requested by the French Government pursuant to Article 2 (3) of Directive 75/268/EEC do not have the combined effect of increasing the utilized agricultural area of all the listed areas by more than 1,5 % of the total utilized agricultural area in France;
Whereas the total area covered by the areas determined in accordance with Article 3 (5) of Directive 75/268/EEC represents less than 2,5 % of the total area of France;
Whereas the EAGGF Committee has been consulted on the financial aspects;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Agricultural Structure,
HAS ADOPTED THIS DECISION:
Article 1
With effect from 1 December 1982, the list of less-favoured areas in France contained in the Annex to Directive 75/271/EEC is hereby amended as shown in the Annex to this Decision.
Article 2
This Decision is addressed to the French Republic.
Done at Brussels, 16 March 1983. | [
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COUNCIL DECISION
of 15 February 2007
on the conclusion, on behalf of the Community, of an Arrangement between the European Community and the Republic of Iceland and the Kingdom of Norway on the modalities of the participation by those States in the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union
(2007/511/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 62(2)(a) and Article 66 in conjunction with the first sentence of the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Whereas:
(1)
According to Article 21(3) of Council Regulation (EC) No 2007/2004 of 26 October 2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (2), countries associated with the implementation, application and development of the Schengen acquis are to participate in the Agency. The modalities of their participation are to be determined in further arrangements to be concluded between the Community and those countries.
(2)
Following the authorisation given to the Commission on 7 October 2004, negotiations with the Republic of Iceland and the Kingdom of Norway for an Arrangement on the modalities of the participation by those States in the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union have been concluded.
(3)
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 Decision and is not bound by it, or subject to its application. Since this Decision builds upon the Schengen acquis under the provisions of Title IV of Part Three of the Treaty establishing the European Community, Denmark should, in accordance with Article 5 of the said Protocol, decide within a period of six months after the Council has adopted this Decision whether it will implement it in its national law or not.
(4)
This Decision 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 (3). The United Kingdom is therefore not taking part in its adoption and is not bound by it, or subject to its application.
(5)
This Decision 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 (4). Ireland is therefore not taking part in its adoption and is not bound by it, or subject to its application.
(6)
According to Council Decision 2007/512/EC (5), and pending its final conclusion at a later date, the Arrangement has been signed on behalf of the Community on 1 February 2007.
(7)
The Arrangement should be concluded,
HAS DECIDED AS FOLLOWS:
Article 1
The Arrangement between the European Community and the Republic of Iceland and the Kingdom of Norway on the modalities of the participation by those States in the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union is hereby approved on behalf of the Community.
The text of the Arrangement is attached to this Decision (6).
Article 2
The President of the Council is hereby authorised to designate the person empowered to deposit on behalf of the Community the instrument of approval provided for in Article 9(1) of the Arrangement in order to express the consent of the Community to be bound.
Done at Brussels, 15 February 2007. | [
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*****
COUNCIL REGULATION (EEC) No 747/86
of 10 March 1986
on the application of the EEC-Morocco Cooperation Council Decision No 1/86 replacing the unit of account by the ECU in the Protocol on the definition of 'originating products' and methods of administrative cooperation to the Cooperation Agreement between the European Economic Community and Morocco
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 Cooperation Agreement between the European Economic Community and the Kingdom of Morocco (1) was signed on 27 April 1976 and entered into force on 1 November 1978;
Whereas pursuant to Article 28 of the Protocol on the definition of 'originating products' and methods of administrative cooperation, the EEC-Morocco Cooperation Council has adopted Decision No 1/86;
Whereas that Decision should be made operative in the Community,
HAS ADOPTED THIS REGULATION:
Article 1
Decision No 1/86 of the EEC-Morocco Cooperation Council shall be applicable in the Community.
The text of the Decision is attached to this Regulation.
Article 2
This Regulation shall enter into force on 1 April 1986.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 10 March 1986. | [
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Commission Regulation (EC) No 1080/2001
of 1 June 2001
opening and providing for the administration of a tariff quota for frozen meat of bovine animals covered by CN code 0202 and products covered by CN code 0206 29 91 (1 July 2001 to 30 June 2002)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1254/1999 of 17 May 1999 on the common organisation of the market in beef and veal(1), and in particular Article 32(1) thereof,
Having regard to Council Regulation (EC) No 1095/96 of 18 June 1996 on the implementation of the concessions set out in Schedule CXL drawn up in the wake of the conclusion of the GATT XXIV(6) negotiations(2), and in particular Article 1(1) thereof,
Whereas:
(1) Schedule CXL requires an annual import quota to be opened for 53000 tonnes of frozen beef covered by CN code 0202 and products covered by CN code 0206 29 91. Implementing rules should be laid down for the 2001/02 quota year starting on 1 July 2001.
(2) For the allocation of the quota the method laid down in the third indent of Article 32(2) of Regulation (EC) No 1254/1999 should be applied, avoiding discrimination between the traders concerned. Access to the quota should therefore be extended to those traders known as "new arrivals".
(3) Traditional importers should consequently be allocated 70 % of the quota, i.e. 37100 tonnes, in proportion to the quantities imported by them under the same type of quota during the period 1 July 1997 to 30 June 2000. In certain cases administrative errors by the competent national body are liable to restrict traders' access to this part of the quota. Steps should be taken to make good any resulting damage.
(4) Traders who can show that they are genuinely involved in trade of some significance should be granted access to the second part of the quota, i.e. 15900 tonnes, in accordance with a procedure whereby the parties concerned submit applications to be accepted by the Commission. Proof of genuine involvement in trade calls for evidence to be presented of trade of some significance in beef and veal with non-member countries during the period 1 July 1998 to 30 June 2000.
(5) In 1999 Belgian beef and veal exports were severely affected by discussion of dioxin. As far as the figure of 15900 tonnes is concerned, Belgium's situation as regards exports should be taken into account when the criteria relating to results are determined.
(6) If such criteria are to be checked, applications must be submitted in the Member State where the importer is entered in the national VAT register.
(7) In order to prevent speculation:
- traders no longer involved in trade in beef and veal at 1 June 2001 should be denied access to the quota,
- a security relating to import rights should be fixed,
- the possibility of transferring import licences should be excluded,
- the issue of import licences to traders should be limited to the import rights allocated to them.
(8) To oblige traders to apply for import licences for all the import rights allocated, it should be established that obligation constitutes a primary requirement within the meaning of Commission Regulation (EEC) No 2220/85 of 22 July 1985 laying down common detailed rules for the application of the system of securities for agricultural products(3), as last amended by Regulation (EC) No 1932/1999(4).
(9) Save as otherwise provided in this Regulation, Commission Regulation (EC) No 1291/2000 of 9 June 2000 laying down common detailed rules for the application of the system of import and export licences and advance-fixing certificates for agricultural products(5) and Commission Regulation (EC) No 1445/95 of 26 June 1995 on rules of application for import and export licences in the beef and veal sector and repealing Regulation (EEC) No 2377/80(6), as last amended by Regulation (EC) No 24/2001(7), are applicable to import licences issued under this Regulation.
(10) Effective management of the quota and fraud prevention in particular require used licences to be returned to the competent authorities so they can check that the quantities shown therein are correct. The competent authorities must accordingly be under an obligation to carry out such checks. The security to be lodged when licences are issued should be fixed at a level that ensures licences are actually used and returned to the competent authorities.
(11) The Management Committee for Beef and Veal has not delivered an opinion within the time limit set by its Chairman,
HAS ADOPTED THIS REGULATION:
Article 1
1. A tariff quota totalling 53000 tonnes expressed in weight of boneless meat is hereby opened for frozen meat of bovine animals covered by CN code 0202 and products covered by CN code 0206 29 91 for the period 1 July 2001 to 30 June 2002.
The serial number of the tariff quota shall be 09.4003.
For the purposes of the said quota, 100 kilograms of bone-in meat shall be equivalent to 77 kilograms of boneless meat.
2. For the purposes of this Regulation, "frozen meat" means meat which is frozen and has an internal temperature of -12 °C or lower when it enters the customs territory of the Community.
3. The Common Customs Tariff duty applicable to the quota provided for in paragraph 1 shall be 20 % ad valorem.
Article 2
1. The quota provided for in Article 1 shall be divided into two parts as follows:
(a) the first, equalling 70 % or 37100 tonnes, shall be apportioned among Community importers in proportion to the quantities imported by them under Commission Regulation (EC) No 1042/97(8), (EC) No 1142/98(9) and (EC) No 995/1999(10).
However, the Member States may accept as the reference quantity import rights for the preceding year which were not allocated because of an administrative error by the competent national body but to which the importer would have been entitled;
(b) the second, equalling 30 % or 15900 tonnes, shall be apportioned among traders who can prove that they have been engaged for a certain period in trade in beef and veal with non-member countries, involving a minimum quantity other than the quantities taken into consideration under (a) and excluding meat which is the subject of inward or outward processing arrangements.
2. For the purposes of paragraph 1(b), the 15900 tonnes shall be allocated to traders who can furnish proof that they have:
- imported at least 220 tonnes of beef in the period 1 July 1998 to 30 June 2000 other than quantities imported under Regulations (EC) No 1142/98 and (EC) No 995/1999, or
- exported at least 450 tonnes of beef in the same period.
For this purpose, "beef" means products covered by CN codes 0201, 0202 and 0206 29 91, and the minimum reference quantities shall be expressed in terms of product weight.
Notwithstanding the second indent, the period of export for established traders entered in the VAT register in Belgium since 1 July 1997 to 30 June 1999.
3. The 15900 tonnes referred to in paragraph 2 shall be allocated in proportion to the quantities applied for by eligible traders.
4. Proof of import and export shall be furnished solely by means of customs documents of release for free circulation and export documents.
Member States may accept copies of the abovementioned documents duly certified by the competent authorities.
Article 3
1. Traders who were no longer engaged in trade in beef and veal at 1 June 2001 shall not qualify under the arrangements provided for in this Regulation.
2. Companies arising from mergers where each constituent undertaking has rights pursuant to Article 2(1)(a) shall enjoy the same rights as the undertakings from which they are formed.
Article 4
1. Together with the proof referred to in Article 2(4), applications for import rights shall be submitted before 11 June 2001 to the competent authority in the Member State where the applicant is entered in the national VAT register. Where an applicant submits more than one application under either of the arrangements referred to in Article 2(1)(a) or (b), all such applications shall be inadmissible.
Applications pursuant to Article 2(1)(b) shall not cover more than 50 tonnes of frozen boneless meat overall.
2. After the documents submitted have been verified, the Member States shall forward the following to the Commission before 25 June 2001:
- in respect of the arrangements under Article 2(1)(a), a list of eligible applicants, including in particular their names and addresses and the quantities of eligible meat imported during the reference period concerned,
- in respect of the arrangements under Article 2(1)(b), a list of eligible applicants, including in particular their names and addresses and the quantities applied for and an indication as to whether proof of import or export was furnished.
3. All communications, including nil returns, shall be sent by fax using the forms in Annexes I and II.
Article 5
1. The Commission shall decide as soon as possible on the extent to which quantities covered by applications may be accepted.
2. Where the quantities covered by applications for import rights exceed the quantities available, the Commission shall reduce the quantities applied for by a fixed percentage.
Article 6
1. The security relating to the import rights shall be EUR 6 per 100 kilograms net weight. It must be deposited with the competent authority together with the application for import rights.
2. Import licence applications must be made for the quantity allocated. This obligation shall constitute a primary requirement within the meaning of Article 20(2) of Regulation (EEC) No 2220/85.
3. If the decision on allocation by the Commission in accordance with Article 5 results in application of a reduction percentage, the security provided shall be released for the import rights applied for in excess of the rights allocated.
Article 7
1. Imports of the quantities allocated shall be subject to presentation of one or more import licences.
2. Licence applications may be lodged solely:
- in the Member State where the applicant has applied for import rights,
- by traders allocated import rights. Import rights allocated to traders shall entitle them to import licences for quantities equivalent to the rights allocated.
3. Following decisions on allocation by the Commission in accordance with Article 5, import licences shall be issued on application and in the names of the traders who have obtained import rights.
4. Licence applications and licences shall contain the following entries:
(a) one of the following entries in section 20:
- Carne de vacuno congelada [Reglamento (CE) n° 1080/2001]
- Frosset oksekød [Forordning (EF) nr. 1080/2001]
- Gefrorenes Rindfleisch (Verordnung (EG) Nr. 1080/2001)
- Κατεψυγμένο βόειο κρέας [Κανονισμός (ΕΚ) αριθ. 1080/2001]
- Frozen meat of bovine animals [Regulation (EC) No 1080/2001]
- Viande bovine congelée [Règlement (CE) n° 1080/2001]
- Carni bovine congelate [Regolamento (CE) n. 1080/2001]
- Bevroren rundvlees (Verordening (EG) nr. 1080/2001)
- Carne de bovino congelada [Regulamento (CE) n.o 1080/2001]
- Jäädytettyä naudanlihaa (Asetus (EY) N:o 1080/2001)
- Fryst kött av nötkreatur (Förordning (EG) nr 1080/2001);
(b) the country of origin in section 8;
(c) one of the following groups of CN codes in section 16:
0202 10 00, 0202 20, 0202 30, 0206 29 91.
Article 8
For the purpose of applying the arrangements provided for in this Regulation, the frozen meat shall be imported into the customs territory of the Community subject to the conditions laid down in Article 17(2)(f) of Council Directive 72/462/EEC(11).
Article 9
1. Regulations (EC) Nos 1291/2000 and (EC) No 1445/95 shall apply, save where otherwise provided in this Regulation.
2. Notwithstanding Article 9(1) of Regulation (EEC) No 1291/2000, import licences issued pursuant to this Regulation shall not be transferable and shall confer the right to use the tariff quotas only if made out in the nature entered on the declaration of release for free circulation accompanying them.
3. Pursuant to Article 50(1) of Regulation (EEC) No 1291/2000, the full Common Customs Tariff duty applicable on the date of release for free circulation shall be collected in respect of all quantities imported in excess of those shown on the import licence.
4. Import licences shall be valid for 90 days from their date of issue as defined in Article 23(1) of Regulation (EEC) No 1291/2000. However, no licence shall be valid after 30 June 2002.
5. The security relating to the import licences shall be EUR 35 per 100 kilograms net weight. It shall be lodged together with the licence application.
6. Where import licences are returned with a view to the release of the security, the competent authorities shall check that the quantities shown on the licences are the same as those shown on the licences at the time of issue. Where licences are not returned, the Member States shall carry out an investigation to establish who has used them and for what quantities. The Member States shall inform the Commission at the earliest opportunity of the results of their investigations.
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.
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COMMISSION REGULATION (EC) No 1179/94 of 25 May 1994 concerning the first list of priority substances as foreseen under Council Regulation (EEC) No 793/93
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 793/93 of 23 March 1993 on the evaluation and control of the risks of existing substances (1), and in particular Articles 8 and 10 thereof,
Whereas Regulation (EEC) No 793/93 envisages a system of evaluation and control of the risks of existing substances and whereas in order to undertake the risk evaluation of such substances, it is appropriate to identify priority substances requiring attention;
Whereas in consequence, Article 8 of Regulation (EEC) No 793/93 requires that the Commission shall draw up a list of priority substances and whereas Article 8 further indicates the factors which shall be taken into account in drawing up the said list;
Whereas Article 10 of Regulation (EEC) No 793/93 foresees that for each substance on the priority lists a Member State shall be given responsibility for its evaluation and whereas the allocation of substances shall ensure a fair sharing of the burden between Member States;
Whereas, the provisions of this Regulation are in accordance with the opinion of the Committee established pursuant to Article 15 of Regulation (EEC) No 793/93,
HAS ADOPTED THIS REGULATION:
Article 1
Priority list 1. The list of priority substances is hereby established and is set out in the Annex to this Regulation.
2. For each substance on the priority list the Member State which shall be responsible for its evaluation is hereby designated and is indicated in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the 20th 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, 25 May 1994. | [
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COUNCIL DECISION of 10 February 1992 amending Decision 90/218/EEC concerning the placing on the market and administration of Bovine Somatotrophin (BST) (92/98/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Whereas, by Decision 90/218/EEC (3), the Council called on Member States to prohibit, until 31 December 1991, the administration of bovine somatotrophin on their territory by any means whatsoever to dairy cows in view of the fact that the effects and consequences of the administration of this product were not sufficiently clear at the time;
Whereas the time set for studying these effects and consequences has proved too short; whereas the research undertaken has only been partially completed; whereas sufficiently representative results have not yet been obtained, in particular from the point of view of animal health and welfare; whereas in-depth studies should therefore continue in order to secure the additional data needed;
Whereas the possibility of a common approach by the principal countries involved in producing, exporting and importing dairy products should be investigated; whereas, finally, further deliberation is necessary regarding some aspects of consistency with other Community policies;
Whereas, in order not to anticipate the results of the studies in question, the prohibition regarding the placing on the market and administration of bovine somatotrophin should be extended until a later date,
HAS ADOPTED THIS DECISION:
Article 1
Decision 90/218/EEC is hereby amended as follows:
1. Article 1 shall be replaced by the following:
'Article 1
Member States shall ensure that, until 31 December 1993, the placing on the market of bovine somatotrophin and its administration on their territory to dairy cows by any means whatsoever will not be authorized.'
2. Article 4 shall be replaced by the following:
'Article 4
The Commission shall, before 1 July 1993, present the European Parliament and the Council with a report on the situation together with proposals for future arrangements. The Council shall act upon these proposals not later than 31 December 1993.'
Article 2
This Decision is addressed to the Member States. Done at Brussels, 10 February 1992. | [
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COMMISSION REGULATION (EC) No 3601/93 of 21 December 1993 fixing the reference prices for fishery products for the 1994 fishing year
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 3759/92 of 17 December 1992 on the common organization of the market in fishery and aquaculture products (1), as amended by Regulation (EEC) No 1891/93 (2), and in particular the first subparagraph of
Articles 22 (6) and 23 (5) thereof,
Whereas Article 22 (1) of Regulation (EEC) No 3759/92 provides, among other things, for reference prices valid for the Community to be fixed each year, by product category, for the products specified in Annexes I, II, III, IV (B) and V to that Regulation, subject to the consultation procedures laid down for certain products within the framework of the GATT;
Whereas Article 23 (1) of Regulation (EEC) No 3759/92 allows, inter alia, the fixing of reference prices for the products referred to in Annex IV (A) before the beginning of each marketing year;
Whereas Article 22 (2) of Regulation (EEC) No 3759/92 provides that the reference price for the products specified in Annex I (A), (D) and (E) thereto must be equal, respectively, to the withdrawal and selling prices fixed in accordance whith Article 11 (1) and Article 13 thereof;
Whereas Community withdrawal and selling prices for the products concerned were fixed for the 1994 fishing year by Commission Regulation (EC) No 3595/93 (3);
Whereas, the reference prices for the products specified in Annexes I (B) and (C) and IV (B) to Regulation (EEC) No 3759/92 are determined on the basis of the average of the reference prices for the fresh product, account being taken of the processing costs and of the need to ensure a price relationship in keeping with the market situation;
Whereas the reference prices for the products specified in Annex II to Regulation (EEC) No 3759/92 must be derived from their guide prices by reference to the price level at which the intervention measures provided for in Article 16 (1) thereof may be taken, and fixed taking account of the situation on the market in those products;
Whereas the reference prices for the fishes of the species Thunnus and Euthynnus, specified in Annex III to Regulation (EEC) No 3759/92 are based on the weighted average of the free-at-frontier prices recorded on the most representative markets in the Member States during the three preceding years;
Whereas for the carp and salmon referred to in Annex IV (A) to Regulation (EEC) No 3759/92, reference prices are fixed on the basis of the average of the producer prices recorded during the three years preceding the date on which the reference price is fixed for a product with commercial characteristics as set out in Commission Regulation (EEC) No 2210/93 (4);
Whereas, for the frozen and salted products specified in Annex V to Regulation (EEC) No 3759/92 for which no reference price is fixed for the fresh product, the reference prices are determined on the basis of the reference price applied to a commercially similar fresh product; however, given the quantities of certain frozen and salted products and the conditions governing their importation, it does not appear necessary to fix a reference price for such products in the immediate future;
Whereas the Management Committee for Fishery Products could not express an opinion as regards the measures provided for in this Regulation within the time required by its President,
HAS ADOPTED THIS REGULATION:
Article 1
The reference prices for the 1994 fishing year for the products specified in Annexes I, II, III, IV (A), (B) and V to Regulation (EEC) No 3759/92 shall be as shown in the Annex hereto.
Article 2
This Regulation shall enter into force on 1 January 1994.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 December 1993. | [
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Directive 2003/34/EC of the European Parliament and of the Council
of 26 May 2003
amending for the 23rd time Council Directive 76/769/EEC relating to restrictions on the marketing and use of certain dangerous substances and preparations (substances classified as carcinogens, mutagens or substances toxic to reproduction - c/m/r)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the European Economic and Social Committee(2),
Acting in accordance with the procedure laid down in Article 251 of the Treaty(3), in the light of the joint text approved by the Conciliation Committee on 17 March 2003,
Whereas:
(1) Under Article 14 of the Treaty, an area without internal frontiers is to be established in which the free movement of goods, persons, services and capital is ensured.
(2) On 29 March 1996 the European Parliament and the Council adopted Decision No 646/96/EC adopting an action plan to combat cancer within the framework for action in the field of public health (1996 to 2000)(4).
(3) To improve health protection and consumer safety, substances classified as carcinogenic, mutagenic or toxic to reproduction and preparations containing them should not be placed on the market for use by the general public. The Commission should submit as soon as possible a proposal to prohibit the use of products containing such substances, when there is scientific evidence that they are released from these products leading to exposure of, and risk to, the general public.
(4) Directive 94/60/EC of the European Parliament and of the Council of 20 December 1994 amending for the 14th time Directive 76/769/EEC(5) establishes, in the form of an Appendix concerning points 29, 30 and 31 of Annex I to Directive 76/769/EEC(6), a list containing substances classified as carcinogenic, mutagenic or toxic to reproduction of category 1 or 2. Such substances and preparations containing them should not be placed on the market for use by the general public.
(5) Directive 94/60/EC provides that the Commission will submit to the European Parliament and Council a proposal to extend this list not later than six months after publication of an adaptation to technical progress of Annex I to Council Directive 67/548/EEC of 27 June 1967 on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances(7), which contains substances classified as carcinogenic, mutagenic or toxic to reproduction of category 1 or 2.
(6) Commission Directive 98/98/EC of 15 December 1998 adapting to technical progress for the 25th time Council Directive 67/548/EEC(8), which in particular adapts Annex I thereto, contains 20 substances newly classified as carcinogenic, mutagenic or toxic to reproduction of category 1 or 2, and Commission Directive 2000/32/EC of 19 May 2000 adapting to technical progress for the 26th time Council Directive 67/548/EEC(9), which in particular adapts Annex I thereto, contains two substances newly classified as carcinogenic, mutagenic or toxic to reproduction of category 1 or 2. These substances should be added to points 29, 30 and 31 of the Appendix to Annex I to Directive 76/769/EEC.
(7) The risks and advantages of the substances thus newly classified have been taken into account.
(8) This Directive is to apply without prejudice to Community legislation laying down minimum requirements for the protection of workers contained in Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work(10), and individual directives based thereon, in particular Council Directive 90/394/EEC of 28 June 1990 on the protection of workers from the risks related to exposure to carcinogens at work(11),
HAVE ADOPTED THIS DIRECTIVE:
Article 1
The substances listed in the Annex shall be added to those listed in the Appendix, under points 29, 30 and 31 respectively, of Annex I to Directive 76/769/EEC.
Article 2
1. Member States shall adopt and publish not later than 15 July 2004 the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.
They shall apply these measures from 15 January 2005.
2. When Member States adopt these measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
Article 3
This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.
Article 4
This Directive is addressed to the Member States.
Done at Brussels, 26 May 2003. | [
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COMMISSION REGULATION (EC) No 659/2005
of 28 April 2005
fixing the maximum export refund for butter in the framework of the standing invitation to tender provided for in Regulation (EC) No 581/2004
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 the third subparagraph of Article 31(3) thereof,
Whereas:
(1)
Commission Regulation (EC) No 581/2004 of 26 March 2004 opening a standing invitation to tender for export refunds concerning certain types of butter (2) provides for a permanent tender.
(2)
Pursuant to Article 5 of Commission Regulation (EC) No 580/2004 of 26 March 2004 establishing a tender procedure concerning export refunds for certain milk products (3) and following an examination of the tenders submitted in response to the invitation to tender, it is appropriate to fix a maximum export refund for the tendering period ending on 26 April 2005.
(3)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,
HAS ADOPTED THIS REGULATION:
Article 1
For the permanent tender opened by Regulation (EC) No 581/2004, for the tendering period ending on 26 April 2005, the maximum amount of refund for the products referred to in Article 1(1) of that Regulation shall be as shown in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on 29 April 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 April 2005. | [
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COMMISSION REGULATION (EC) No 561/2009
of 26 June 2009
approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Queso Manchego (PDO))
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,
Whereas:
(1)
In accordance with the first subparagraph of Article 9(1) and in application of Article 17(2) of Regulation (EC) No 510/2006, the Commission has examined Spain’s application for the approval of amendments to the specification of the protected designation of origin ‘Queso Manchego’ registered on the basis of Commission Regulation (EC) No 1107/96 (2).
(2)
Since the amendments in question are not minor within the meaning of Article 9 of Regulation (EC) No 510/2006, the Commission published the amendment application in the Official Journal of the European Union (3) as required by the first subparagraph of Article 6(2) of that Regulation. As no statement of objection within the meaning of Article 7 of Regulation (EC) No 510/2006 has been sent to the Commission, the amendments should be approved,
HAS ADOPTED THIS REGULATION:
Article 1
The amendments to the specification published in the Official Journal of the European Union regarding the name in the Annex to this Regulation are hereby approved.
Article 2
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 June 2009. | [
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COMMISSION REGULATION (EEC) No 1825/92 of 3 July 1992 exempting certain Member States from the obligation to buy in certain fruit and vegetables
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 19a (4) thereof,
Whereas Commission Regulation (EEC) No 1852/85 of 2 July 1985 laying down detailed rules of application with a view to exempt Member States from the obligation to buy in certain types of fruit and vegetables (3) specified what information the Member States were to provide to the Commission with a view to their being exempted if they so requested, as provided for in Article 19a (4) of Regulation (EEC) No 1035/72, from intervention purchasing;
Whereas this information must concern either the proportion of each of the products indicated in Article 19a of Regulation (EEC) No 1035/72 marketed through recognized producer organizations or the proportion harvested in the Member State concerned during the last three marketing years;
Whereas the Member States have supplied this information; whereas the conditions for exemption laid down in Regulation (EEC) No 1852/85 are met by certain Member States for certain products for the 1992/93 marketing year; whereas those Member States which have so applied should therefore be exempted from the obligation to make intervention purchases,
HAS ADOPTED THIS REGULATION:
Article 1
The following Member States are hereby exempted from the obligations to make intervention purchases, as provided for in Article 19a of Regulation (EEC) No 1035/72, of pears from 1 July to 31 August 1992, and peaches, apricots, tomatoes and aubergines during the 1992/93 marketing year:
Belgium
Denmark
Germany
Ireland
Luxembourg
Netherlands
United Kingdom
This exemption shall apply in respect of Greece only to the pears during the summer period referred to above.
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 July 1992. | [
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*****
COMMISSION REGULATION (EEC) No 584/86
of 28 February 1986
amending as a transitional measure Regulation (EEC) No 3472/85 on the buying in and storage of olive oil by intervention agencies
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Act of Accession of Spain and Portugal, and in particular Articles 90 and 257 thereof,
Whereas Council Regulation (EEC) No 453/86 of 25 February 1986 fixing, for 1985/86, the intervention prices for olive oil in Spain and Portugal and the production aid applicable in Spain (1), results in an intervention price in Spain different from the Community price; whereas, in these circumstances, the appliation in Spain of the price reduction for olive-residue oil, as provided for in Commission Regulation (EEC) No 3472/85 of 10 December 1985 on the buying in and storage of olive oil by intervention agencies (2), would create market disturbance; whereas provision should therefore be made for a special price reduction, as a transitional measure for that Member State;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Oils and Fats,
HAS ADOPTED THIS REGULATION:
Article 1
The Annex to Regulation (EEC) No 3472/85 is hereby replaced from 1 March 1986 to 31 October 1986, by the Annex to this Regulation.
Article 2
This Regulation shall enter into force on 1 March 1986.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 February 1986. | [
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*****
COMMISSION REGULATION (EEC) No 1388/89
of 22 May 1989
adopting exceptional support measures for the market in pigmeat in Italy
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Regulation (EEC) No 2759/75 of the Council of 29 October 1975 on the common organization of the market in pigmeat (1), as last amended by Regulation (EEC) No 1249/89 (2), and in particular Article 20 thereof,
Whereas, because of the outbreak of foot-and-mouth disease in certain production regions in Italy, the introduction of live pigs and certain fresh pigmeat products from the infection zone has been temporarily prohibited;
Whereas in order to take account of the limitations to free movement of goods resulting from the situation, exceptional measures to support the market must be taken;
Whereas it is therefore appropriate to fix private storage aid for certain sensitive products coming from the infection zone in accordance with detailed implementing rules for the granting of private storage aid in the pigmeat sector adopted by Commission Regulation (EEC) No 1092/80 (3), as last amended by Regulation (EEC) No 3498/88 (4);
Whereas in order to limit the risk of infection the Italian authorites should be authorized to designate the places of storage;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Pigmeat,
HAS ADOPTED THIS REGULATION:
Article 1
1. As from 22 May until 16 June 1989 applications for private storage aid in the pigmeat sector may be made to the Italian intervention agency in accordance with the provisions of Regulation (EEC) No 1092/80 and of this Regulation.
Only products coming from pigs reared in local health units in which foot-and-mouth disease has been detected and which have not been declared free of the disease may be subject to this aid.
Modifications to the boundary of the infection zone shall be immediately notified by the Italian authorities to the Commission.
The list of products which qualify for aid and the relevant amounts are set out in the Annex hereto.
2. If the period of storage is extended or curtailed, the amount of aid shall be adjusted accordingly. The amounts of the supplements per month and the deductions per day are set out in columns 7 and 8 of the Annex.
Article 2
The minimum quantity per contract and per product shall be five tonnes.
The Italian authorities may designate the places of storage in accordance with veterinary requirements.
Article 3
The security shall be 20 % of the amount of aid set out in the Annex.
Article 4
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 22 May 1989.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 May 1989. | [
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Subsets and Splits