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COUNCIL DECISION
of 7 March 2005
authorising Sweden to apply a reduced rate of taxation to electricity consumed by households and service sector companies situated in certain areas in the north of Sweden in accordance with Article 19 of Directive 2003/96/EC
(2005/231/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity (1), and in particular Article 19(1) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1)
By letter of 20 August 2004, the Swedish authorities applied to the Commission for a derogation allowing them to apply a reduced rate of taxation to electricity consumed by households and service sector companies in the north of Sweden pursuant to Article 19 of Directive 2003/96/EC.
(2)
Since July 1981 a reduced energy tax rate has been applied in Sweden to electricity used in the northern parts of the country, where electricity consumption for heating purposes is on average 25 % higher than elsewhere in the country.
(3)
Reducing the cost of electricity for households and service sector companies in the north of Sweden places those consumers on an equal footing with their counterparts in the southern parts of the country. The measure therefore has regional and cohesion policy objectives.
(4)
The reduced level of taxation on electricity for consumption in the north of Sweden, which rate set out in Directive 2003/96/EC. Furthermore, the tax reduction is proportionate to the extra heating costs borne by households and service sector companies in northern Sweden. Consequently, that level of taxation should ensure that the incentive effect of taxation to increase energy efficiency is maintained.
(5)
The reduction applied for has been reviewed by the Commission and has been found not to distort competition or hinder the operation of the internal market and it is not considered incompatible with Community policy on the environment, energy and transport.
(6)
That approach is in line with the position taken by the Commission in the State aid Case C 42/03 (2), where no objections were raised to the State aid element of the tax reduction for a period ending on 31 December 2005.
(7)
It is therefore appropriate to authorise Sweden to apply a reduced rate of taxation to electricity for consumption in the north of Sweden until 31 December 2005,
HAS ADOPTED THIS DECISION:
Article 1
Sweden is hereby authorised to apply a reduced rate of taxation to electricity consumed by households and service sector companies situated in the municipalities listed in the Annex.
The reduction shall be proportionate to the extra heating costs due to the northern location, in comparison with the rest of Sweden.
The reduced rate shall comply with the requirements of Directive 2003/96/EC, and in particular the minimum rates laid down in Article 10 of that Directive.
Article 2
This Decision shall expire on 31 December 2005.
Article 3
This Decision is addressed to the Kingdom of Sweden.
Done at Brussels, 7 March 2005.
|
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COMMISSION REGULATION (EU) No 299/2010
of 9 April 2010
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,
Whereas:
Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XV, Part A thereto,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.
Article 2
This Regulation shall enter into force on 10 April 2010.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 April 2010.
|
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COMMISSION DECISION
of 2 August 2006
updating the Annexes to the monetary agreement between the Government of the French Republic, on behalf of the European Community, and the Government of His Serene Highness the Prince of Monaco
(2006/558/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community, and in particular Article 111(3) thereof,
Having regard to the Monetary Agreement of 24 December 2001 between the Government of the French Republic, on behalf of the European Community, and the Government of His Serene Highness the Prince of Monaco (1), and, in particular, Article 11(3) and (5) thereof,
Whereas:
(1)
Article 11(2) of the Monetary Agreement between the Government of the French Republic, on behalf of the European Community, and the Government of His Serene Highness the Prince of Monaco (hereinafter the Monetary Agreement) requires the Principality of Monaco to apply the measures adopted by France to implement certain Community acts concerning the activity and prudential supervision of credit institutions and the prevention of systemic risks to payment and securities settlement systems. Those acts are listed in Annex A to the Agreement. A number of acts in Annex A have been amended and the amending acts should be included in that Annex. A number of new Community acts falling within the scope of Article 11(2) of the Monetary Agreement have also been adopted and should be included in Annex A.
(2)
Directive 2001/65/EC of the European Parliament and of the Council of 27 September 2001 amending Directives 78/660/EEC, 83/349/EEC and 86/635/EEC as regards the valuation rules for the annual and consolidated accounts of certain types of companies as well as of banks and other financial institutions (2) concerns the activity and supervision of credit institutions and amends Council Directive 86/635/EEC (3), which is already in Annex A. It therefore falls within the scope of Article 11(2) of the Monetary Agreement and should be included in Annex A.
(3)
Directive 2003/51/EC of the European Parliament and of the Council of 18 June 2003 amending Directives 78/660/EEC, 83/349/EEC and 91/674/EEC on the annual and consolidated accounts of certain types of companies, banks and other financial institutions and insurance undertakings (4) concerns the activity and supervision of credit institutions and also amends Directive 86/635/EEC. It therefore falls within the scope of Article 11(2) of the Monetary Agreement and should also be included in Annex A.
(4)
Directive 2002/47/EC of the European Parliament and of the Council of 6 June 2002 on financial collateral arrangements (5) concerns the prevention of systemic risks to the settlement systems. It therefore falls within the scope of Article 11(2) of the Monetary Agreement and should also be included in Annex A.
(5)
Directive 2002/87/EC of the European Parliament and of the Council of 16 December 2002 on the supplementary supervision of credit institutions, insurance undertakings and investment firms in a financial conglomerate, amending Council Directives 73/239/EEC, 79/267/EEC, 92/49/EEC, 92/96/EEC, 93/6/EEC and 93/22/EEC, and Directives 98/78/EC and 2000/12/EC of the European Parliament and of the Council (6) concerns the activity and supervision of credit institutions. It therefore falls within the scope of Article 11(2) of the Monetary Agreement and should also be included in Annex A.
(6)
Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments amending Council Directives 85/611/EEC and 93/6/EEC and Directive 2000/12/EC of the European Parliament and of the Council and repealing Council Directive 93/22/EEC (7) concerns the activity and supervision of credit institutions. It therefore falls within the scope of Article 11(2) of the Monetary Agreement and should also be included in Annex A.
(7)
Directive 2006/31/EC of the European Parliament and of the Council of 5 April 2006 amending Directive 2004/39/EC on markets in financial instruments, as regards certain deadlines (8) amends Directive 2004/39/EC. It should therefore also be included in Annex A.
(8)
One act currently included in Annex A should be removed from that Annex. Directive 97/5/EC of the European Parliament and of the Council of 27 January 1997 on cross-border credit transfers (9) mainly addresses consumer protection concerns and therefore does not fall within the scope of Article 11(2) of the Monetary Agreement.
(9)
Article 11(4) of the Monetary Agreement requires the Principality of Monaco to adopt measures equivalent to those taken by the Member States in order to apply the Community acts necessary for the implementation of the Monetary Agreement. Those acts are listed in Annex B to the Agreement. Council Framework Decision 2001/413/JHA of 28 May 2001 combating fraud and counterfeiting of non-cash means of payment (10) is intended to complete and ensure consistency of the provisions securing the protection of all means of payment denominated in euros. It falls within the scope of Article 9 of the Monetary Agreement on the fight against fraud and counterfeiting, notably in modern banking systems. In particular, the inclusion of Framework Decision 2001/413/JHA is necessary to complete the protection by Council Framework Decision 2000/383/JHA of 29 May 2000 on increasing protection by criminal penalties and other sanctions against counterfeiting in connection with the introduction of the euro (11), which is mentioned in Article 9 of the Monetary Agreement. It is therefore necessary for the implementation of the Monetary Agreement and should be included in Annex B to the Agreement.
(10)
Council Regulation (EC) No 2182/2004 of 6 December 2004 concerning medals and tokens similar to euro coins (12) is intended to prevent the use of medals and tokens as means of payment in euro and also falls within the scope of Article 9 of the Monetary Agreement. It is therefore necessary for the implementation of the Monetary Agreement and should also be included in Annex B to the Agreement.
(11)
The Annexes to the Monetary Agreement should therefore be amended accordingly. For the sake of clarity, the Annexes should be replaced in their entirety.
(12)
The Monegasque authorities did not request that the Joint Committee established by Article 14 of the Monetary Agreement be convened pursuant to Article 11(5) of that Agreement within two weeks following the adoption of Regulation (EC) No 2182/2004 in order to update Annex B to the Monetary Agreement. Annexes A and B to the Monetary Agreement must therefore both be amended by the Commission.
(13)
At its meetings on 17 June 2004 and 16 June 2005, the Commission informed the Joint Committee of the need to update Annexes A and B to the Monetary Agreement. The Joint Committee took note of the Commission's position,
HAS DECIDED AS FOLLOWS:
Sole Article
The Annexes to the Monetary Agreement between the Government of the French Republic, on behalf of the European Community, and the Government of His Serene Highness the Prince of Monaco are replaced by the text in the Annexes to this Decision.
Done at Brussels, 2 August 2006.
|
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Commission Regulation (EC) No 1404/2002
of 31 July 2002
fixing the import duties in the rice sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3072/95 of 22 December 1995 on the common organisation of the market in rice(1), as last amended by Commission Regulation (EC) No 411/2002(2),
Having regard to Commission Regulation (EC) No 1503/96 of 29 July 1996 laying down detailed rules for the application of Council Regulation (EC) No 3072/95 as regards import duties in the rice sector(3), as last amended by Regulation (EC) No 2831/98(4), and in particular Article 4(1) thereof,
Whereas:
(1) Article 11 of Regulation (EC) No 3072/95 provides that the rates of duty in the Common Customs Tariff are to be charged on import of the products referred to in Article 1 of that Regulation. However, in the case of the products referred to in paragraph 2 of that Article, the import duty is to be equal to the intervention price valid for such products on importation and increased by a certain percentage according to whether it is husked or milled rice, minus the cif import price provided that duty does not exceed the rate of the Common Customs Tariff duties.
(2) Pursuant to Article 12(3) of Regulation (EC) No 3072/95, the cif import prices are calculated on the basis of the representative prices for the product in question on the world market or on the Community import market for the product.
(3) Regulation (EC) No 1503/96 lays down detailed rules for the application of Regulation (EC) No 3072/95 as regards import duties in the rice sector.
(4) The import duties are applicable until new duties are fixed and enter into force. They also remain in force in cases where no quotation is available from the source referred to in Article 5 of Regulation (EC) No 1503/96 during the two weeks preceding the next periodical fixing.
(5) In order to allow the import duty system to function normally, the market rates recorded during a reference period should be used for calculating the duties.
(6) Application of Regulation (EC) No 1503/96 results in import duties being fixed as set out in the Annexes to this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The import duties in the rice sector referred to in Article 11(1) and (2) of Regulation (EC) No 3072/95 shall be those fixed in Annex I to this Regulation on the basis of the information given in Annex II.
Article 2
This Regulation shall enter into force on 1 August 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 31 July 2002.
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COMMISSION DIRECTIVE 96/12/EC of 8 March 1996 amending Council Directive 91/414/EEC concerning the placing of plant protection products on the market (Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (1), as last amended by Commission Directive 95/36/EC (2), and in particular Article 18 (2) thereof,
Whereas Annexes II and III to Directive 91/414/EEC set out the requirements for the dossier to be submitted by applicants respectively for the inclusion of an active substance in Annex I of that Directive and for the authorization of a plant protection product;
Whereas it is necessary to indicate, in Annexes II and III to Directive 91/414/EEC, to the applicants, as precisely as possible, any details on the required information, such as the circumstances, conditions and technical protocols under which certain data have to be generated; whereas these provisions should be introduced as soon as available in order to permit applicants to use them in the preparation of their files;
Whereas it is now possible to introduce more precision with regard to the data requirements concerning ecotoxicological studies on the active substance provided for in Part A, point 8, of Annex II to Directive 91/414/EEC;
Whereas it is also now possible to introduce more precision with regard to the data requirements concerning ecotoxicological studies on the plant protection product provided for in Part A, point 10, of Annex III to Directive 91/414/EEC;
Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Plant Health,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Directive 91/414/EEC is amended as follows:
1. In Part A of Annex II, point 8 'Ecotoxicological studies on the active substance` is replaced by Annex I hereto;
2. in Part A of Annex III, points 10 'Ecotoxicological studies` and 11 'Summary and evaluation of points 9 and 10` are replaced by Annex II hereto.
Article 2
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 March 1997. They shall immediately inform the Commission thereof.
When Member States adopt these measures, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by the Member States.
Article 3
This Directive shall enter into force on 1 April 1996.
Article 4
This Directive is addressed to the Member States.
Done at Brussels, 8 March 1996.
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Commission Decision
of 12 February 2004
concerning the non-inclusion of amitraz in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing this active substance
(notified under document number C(2004) 332)
(Text with EEA relevance)
(2004/141/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market(1), as last amended by Commission Directive 2003/119/EC(2), and in particular the third and the fourth subparagraph of Article 8(2) thereof,
Having regard to Commission Regulation (EEC) No 3600/92 of 11 December 1992 laying down the detailed rules for the implementation of the first stage of the programme of work referred to in Article 8(2) of Council Directive 91/414/EEC concerning the placing of plant protection products on the market(3), as last amended by Regulation (EC) No 2266/2000(4), and in particular Article 7(3A)(b) thereof,
Whereas:
(1) Article 8(2) of Directive 91/414/EEC provided for the Commission to carry out a programme of work for the examination of the active substances used in plant protection products which were already on the market on 25 July 1993. Detailed rules for the carrying out of this programme were established in Regulation (EEC) No 3600/92.
(2) Commission Regulation (EC) No 933/94 of 27 April 1994 laying down the active substances of plant protection products and designating the rapporteur Member States for the implementation of Commission Regulation (EEC) No 3600/92(5), as last amended by Regulation (EC) No 2230/95(6), designated the active substances which should be assessed in the framework of Regulation (EEC) No 3600/92, designated a Member State to act as rapporteur in respect of the assessment of each substance and identified the producers of each active substance who submitted a notification in due time.
(3) Amitraz is one of the 89 active substances designated in Regulation (EC) No 933/94.
(4) In accordance with Article 7(1)(c) of Regulation (EEC) No 3600/92, Austria, being the designated rapporteur Member State, submitted on 6 January 1998 to the Commission the report of its assessment of the information submitted by the notifiers in accordance with Article 6(1) of that Regulation.
(5) On receipt of the report of the rapporteur Member State, the Commission undertook consultations with experts of the Member States as well as with the main notifier Bayer CropScience, as provided for in Article 7(3) of Regulation (EEC) No 3600/92.
(6) The Commission organised two tripartite meeting with the main data submitter and the rapporteur Member State for this active substance on 9 June 2000 and on 21 March 2003.
(7) The assessment report prepared by Austria has been reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health. This review was finalised on 4 July 2003 in the format of the Commission review report for amitraz.
(8) Assessments made on the basis of the information submitted have not demonstrated that it may be expected that, under the proposed conditions of use, plant protection products containing amitraz satisfy in general the requirements laid down in Article 5(1)(a) and (b) of Directive 91/414/EEC. In particular, Article 5(2)(b) provides that an acceptable daily intake (ADI) for man must be taken into account in deciding on the inclusion of an active substance in Annex I. In setting the ADI the possible neurological effects of amitraz had to be considered. These effects were also considered for setting the Acute Reference Dose, i.e. the estimate of the amount of the substance that can be ingested over a short period of time without appreciable health risk to the consumer. It has not been demonstrated for the proposed uses that consumers might not be exposed to amitraz exceeding the Acute Reference Dose. A probabilistic risk assessment was prepared by the notifier. It must however be taken into consideration that agreed criteria for the interpretation of such a probabilistic risk assessment are not yet established and it would not be appropriate, in view of the possible risks, to delay decision-making further until such criteria are agreed.
(9) Amitraz should therefore not be included in Annex I to Directive 91/414/EEC.
(10) Measures should be taken to ensure that existing authorisations for plant protection products containing amitraz are withdrawn within a prescribed period and are not renewed and that no new authorisations for such products are granted.
(11) In the light of the information submitted to the Commission it appears that, in the absence of efficient alternatives for certain limited uses in certain Member States, there is a need for further use of the active substance so as to enable the development of alternatives. It is therefore justified in the present circumstances to prescribe under strict conditions aimed at minimising risk a longer period for the withdrawal of existing authorisations for the limited uses considered as essential for which no efficient alternatives appear currently to be available for the control of harmful organisms.
(12) Any period of grace for disposal, storage, placing on the market and use of existing stocks of plant protection products containing amitraz allowed by Member States, should be limited to a period no longer than 12 months to allow existing stocks to be used in no more than one further growing season.
(13) This Decision does not prejudice any action the Commission may undertake at a later stage for this active substance within the framework of Council Directive 79/117/EEC of 21 December 1978 prohibiting the placing on the market and use of plant protection products containing certain active substances(7), as last amended by Regulation (EC) No 807/2003(8).
(14) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
Article 1
Amitraz shall not be included as an active substance in Annex I to Directive 91/414/EEC.
Article 2
Member States shall ensure that:
1. authorisations for plant protection products containing amitraz are withdrawn by 12 August 2004;
2. from 17 February 2004 no authorisations for plant protection products containing amitraz are granted or renewed under the derogation provided for in Article 8(2) of Directive 91/414/EEC;
3. in relation to the uses listed in column B of the Annex, a Member State specified in column A may maintain in force authorisations for plant protection products containing amitraz until 30 June 2007 provided that it:
(a) ensures that such plant protection products remaining on the market are relabelled in order to match the restricted use conditions;
(b) imposes all appropriate risk mitigation measures to reduce any possible risks in order to ensure the protection of human and animal health and the environment; and
(c) ensures that alternative products or methods for such uses are being seriously sought, in particular, by means of action plans.
The Member State concerned shall inform the Commission on 31 December 2004 at the latest on the application of this paragraph and in particular on the actions taken pursuant to points (a) to (c) and provide on a yearly basis estimates of the amounts of amitraz used for essential uses pursuant to this Article.
Article 3
Any period of grace granted by Member States in accordance with the provisions of Article 4(6) of Directive 91/414/EEC, shall be as short as possible and:
(a) for the uses for which the authorisation is to be withdrawn on 12 August 2004, shall expire not later than 12 August 2005;
(b) for the uses for which the authorisation is to be withdrawn by 30 June 2007, shall expire not later than 31 December 2007.
Article 4
This Decision is addressed to the Member States.
Done at Brussels, 12 February 2004.
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Council Directive
of 21 December 1976
on the examination for trichinae (trichinella spiralis) upon importation from third countries of fresh meat derived from domestic swine
(77/96/EEC)
THE COUNCIL 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 75/379/EEC [2], and in particular Article 21 thereof,
Having regard to the proposal from the Commission,
Whereas in Directive 72/462/EEC the Council provided in Article 21 for the laying down of the method and procedures required for detecting the presence of trichinae in fresh pigmeat;
Whereas the application of Directive 72/462/EEC will not have the desired effects as long as disparities exist between the Member States as to the guarantees required in respect of the detection of trichinae upon importation of fresh meat from third countries; whereas it is therefore necessary to lay down Community arrangements in this field;
Whereas, in order to protect consumer health, it is necessary that fresh pigmeat be systematically subjected to an examination using methods recognized as effective, in order to eliminate meat containing trichinae;
Whereas when the examination is carried out in the exporting third country, it must be carried out in slaughterhouses which comply with certain conditions and which contain, in particular, a screening laboratory provided with suitable equipment;
Whereas in order to be able to distinguish the meat samples examined from those not examined it is necessary to provide for the affixing of a special mark to meat which has been examined with a negative result;
Whereas there should be a procedure establishing close and effective cooperation between the Commission and the Member States for assessing the advisability of permitting establishments in the third countries to carry out this examination or to work on the meat examined; whereas there should also be a procedure for bringing the technical provisions relating in particular to the examination methods, the requirements concerning the screening laboratories and the procedure for marking examined meat into line with technical progress and with experience acquired;
Whereas the Member States should be allowed to admit fresh meat which has not been screened for trichinae in the exporting third country, provided that this meat, undergoes treatment by freezing; which ensures that any trichinae which may be present are rendered harmless, either in the exporting third country, or in the Member State for which the meat is intended; whereas this treatment must nevertheless be carried out according to certain well defined procedures and establishments fulfilling certain conditions,
HAS ADOPTED THIS DIRECTIVE:
Article 1
The definitions used in this Directive are those contained in Directive 72/462/EEC.
Moreover:
(a) "fresh meat" means fresh meat of domestic swine;
(b) "examination" refers to the examination to detect the presence of trichinae in fresh meat.
Article 2
1. In order to be admitted to intra-Community trade, fresh meat originating in third countries which contains skeletal muscles (striated muscles) shall be examined under the supervision and responsibility of an official veterinarian.
2. The examination shall be carried out in accordance with one of the methods provided for in Annex I, on the whole carcase or, failing this, on each half carcase, quarter carcase or piece to be imported into the Community.
3. The examination shall take place in a slaughterhouse approved in the exporting country in accordance with Article 4 of Directive 72/462/EEC and authorized to carry out this examination in accordance with Article 4 of this Directive.
4. The examination shall take place before the health marking provided for in Chapter X of Annex B to Directive 72/462/EEC.
5. If it is not possible to carry out the examination in the exporting country, the Member State for which the fresh meat is intended may authorize its importation provided that the examination is carried out within its territory at the time of the public health inspection provided for in Article 24 (2) of Directive 72/462/EEC, at an inspection post within the meaning of Article 27 (1) (b) of that Directive.
6. (a) If the outcome of the examination is negative, the fresh meat shall be marked immediately after the examination, in accordance with Annex III.
(b) In the case of ink stamping, use shall be made of a colorant within the meaning of Article 17 (3) of Directive 72/462/EEC.
Article 3
1. By way of derogation from Article 2, the Member State for which it is intended may authorize the exemption from examination of fresh meat from certain third countries or parts of such countries, provided it is frozen in accordance with the provisions of Annex IV.
2. This treatment shall be carried out in an establishment situated in the exporting third country, and described in Article 4 (1).
Freezing in the exporting third country must be the subject of certification by the official veterinarian on the health certificate accompanying the meat, as referred to in Article 22 (3) of Directive 72/462/EEC.
3. If the treatment has not been carried out in the exporting third country, it must be carried out at an inspection post as described in Article 2 (5).
Freezing in a Member State must be the subject of certification by the official veterinarian on the certificates accompanying the meat, as referred to in Article 25 of Directive 72/462/EEC.
Article 4
1. The authorization for a slaughterhouse to carry out the examination and of a cutting plant to cut up or bone meat which has undergone such examination, or the authorization for an establishment to carry out the freezing treatment referred to in Article 3, shall be decided on in accordance with the procedure laid down in Article 9. In addition to the requirements of Article 4 of Directive 72/462/EEC, account shall be taken of the guarantees given in respect of compliance with this Directive and, in the case of slaughterhouses, of:
(a) the presence of the rooms and apparatus necessary for carrying out the examination;
(b) the qualifications of the personnel responsible for carrying out the examination.
Authorization shall be granted to a slaughterhouse and cutting plant only where the competent authorities of the third country concerned have officially recognized that the slaughterhouse and cutting plant are in a position to satisfy the conditions laid down in Article 5 and in Annex III; also, in the case of a slaughterhouse, that it has a laboratory which complies with the conditions laid down in Annex II, Chapter I, and which is in a position to satisfy the requirements of the other chapters of Annex II and those of Annex I.
Authorization shall be granted to an establishment to carry out the freezing treatment only if the competent authorities of the third country concerned have officially recognized that the establishment is in a position to satisfy the conditions laid down in Annex IV.
2. On the list(s) referred to in Article 4 (4) of Directive 72/462/EEC, a special indication shall be inserted against the names of the establishments which have been granted an authorization within the meaning of paragraph 1.
Article 5
1. In slaughterhouses which have been granted an authorization in accordance with Article 4, swine the meat of which is intended for the Community must be slaughtered in different rooms or in the absence thereof at different times from swine the meat of which is not intended for the Community, unless the meat of such swine is examined in accordance with the same procedure.
2. The cutting and boning of meat which has undergone an examination with negative results and is intended for the Community must be carried out in cutting plants, in accordance with Article 4.
In these cutting plants, the cutting and boning of such meat must be carried out in different rooms or in the absence thereof, at different times from meat which is not intended for the Community, unless the meat is examined in accordance with the same procedure.
Article 6
The inspections in third countries provided for in Article 5 of Directive 72/462/EEC must also verify whether the present Directive is being applied.
Article 7
The Member States shall draw up and communicate to the Commission the list of the inspection posts referred to in Article 2 (5) at which:
- the examination,
- the freezing referred to in Article 3,
may be carried out.
They shall ensure that these posts have the equipment necessary for carrying out the operations in question.
Article 8
Acting on a proposal from the Commission, the Council shall decide before 1 January 1979 on any additions to be made to the methods laid down in Annex I.
Article 9
1. Where the procedure laid down in this Article is followed, the matter shall without delay be referred by the chairman, either on his own initiative or at the request of a Member State, to the Standing Veterinary Committee (hereinafter referred to as "the Committee") set up by the Council Decision of 15 October 1968.
2. Within the Committee the votes of the Member States shall be weighted as laid down in Article 148 (2) of the Treaty. The chairman shall not vote.
3. The representative of the Commission shall submit a draft of the measure to be adopted. The Committee shall deliver its opinion on these measures within a time limit set by the chairman having regard to the urgency of the questions under examination. Opinions shall be delivered by a majority of 41 votes.
4. The Commission shall adopt the measures and shall implement them immediately, where they are in accordance with the opinion of the Committee. Where the measures envisaged are not in accordance with the opinion of the Committee, or if no opinion is delivered, the Commission shall without delay submit to the Council a proposal on the measures to be taken.
The Council shall adopt the measures by a qualified majority.
If the Council has not adopted any measures within three months of the date on which the matter is referred to it, the Commission shall adopt the proposed measures and shall implement them immediately save where the Council has decided against such measures by a simple majority.
Article 10
Article 9 shall apply until 21 June 1981.
Article 11
The Member States shall bring into force on 1 January 1979 at the latest the laws, regulations and administrative provisions needed for compliance with this Directive. They shall forthwith inform the Commission thereof.
Article 12
This Directive is addressed to the Member States.
Done at Brussels, 21 December 1976.
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COMMISSION REGULATION (EC) No 804/2007
of 9 July 2007
establishing a prohibition of fishing for cod in the Baltic Sea (Subdivisions 25-32, EC Waters) by vessels flying the flag of Poland
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (1), and in particular Article 26(4) thereof,
Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to common fisheries policy (2), and in particular Article 21(3) thereof,
Whereas:
(1)
Council Regulation (EC) No 1941/2006 of 11 December 2006 fixing the fishing opportunities and associated fishing conditions for certain fish stocks and groups of fish stocks, applicable in the Baltic Sea for 2007 (3), fixes an amount of 10 794 tonnes of cod which may be fished in 2007 in the Baltic Sea (Subdivisions 25-32, EC-waters) by vessels flying the flag of Poland.
(2)
The information obtained by the Commission through inspections carried out by its inspectors and related to the catches of that stock is not consistent with that sent to the Commission by Poland.
(3)
The information in its possession shows that catches of that stock by Polish vessels in 2007 are three times the amounts declared by Poland. Therefore, the fishing opportunities for the said stock allocated to Poland for 2007 are deemed to be exhausted.
(4)
According to Article 21(2) of Regulation (EEC) No 2847/93 Poland has the obligation to provisionally prohibit, as from the date on which its catch quota in question is deemed to be exhausted, the fishing for that stock, the retention on board, the transhipment and the landing of fish taken after that date.
(5)
In the absence of appropriate action taken by Poland, it is necessary that the Commission fixes, at its own initiative, the moment on which the catches by vessels flying the flag of Poland of cod in the Baltic Sea (Subdivisions 25-32, EC-waters) are deemed to have exhausted the quota for Poland, and to immediately prohibit fishing for that stock as from that date. It is also necessary to prohibit retention on board, transhipment and landing of that stock caught by vessels flying the flag of Poland after that date,
HAS ADOPTED THIS REGULATION:
Article 1
Quota exhaustion
Catches of cod in the Baltic Sea (Subdivisions 25-32, EC-waters) by vessels flying the flag of Poland are deemed to have exhausted the part of the quota allocated to Poland for 2007 as from the date of entry into force of this Regulation.
Article 2
Prohibitions
Fishing for cod in the Baltic Sea (Subdivisions 25-32, EC-waters) by vessels flying the flag of Poland shall be prohibited as from the date of entry into force of this Regulation to 31 December 2007. It shall also be prohibited to retain on board, tranship or land such stock caught by those vessels during that period.
Article 3
Entry into force
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 July 2007.
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COUNCIL REGULATION (EC) No 73/2006
of 13 January 2006
amending Regulation (EC) No 92/2002 imposing definitive anti-dumping duty and collecting definitively the provisional anti-dumping duty imposed on imports of urea originating in Belarus, Bulgaria, Croatia, Estonia, Libya, Lithuania, Romania and the Ukraine
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1), and in particular Articles 8 and 9 thereof,
Having regard to the proposal submitted by the Commission after consulting the Advisory Committee,
Whereas:
A. PREVIOUS PROCEDURE
(1)
On 21 October 2000, by means of a notice published in the Official Journal of the European Communities, the Commission announced the initiation of an anti-dumping proceeding (2) in respect of imports of urea (‘the product concerned’) originating in Belarus, Bulgaria, Croatia, Egypt, Estonia, Libya, Lithuania, Poland, Romania and the Ukraine.
(2)
This proceeding resulted in provisional anti-dumping duties being imposed in July 2001 on imports of urea originating in Belarus, Bulgaria, Croatia, Estonia, Libya, Lithuania, Romania and the Ukraine and a termination of the proceeding concerning imports of urea originating from Egypt and Poland by Commission Regulation (EC) No 1497/2001 (3).
(3)
In the same Regulation, the Commission accepted an undertaking offered by the exporting producer in Bulgaria, Chimco AD. Subject to the conditions set out in Regulation (EC) No 1497/2001, imports of the product concerned into the Community from this company were exempted from the said provisional anti-dumping duties, pursuant to Article 3(1) of the same Regulation.
(4)
Definitive duties were later imposed on imports of urea originating in Belarus, Bulgaria, Croatia, Estonia, Libya, Lithuania, Romania and the Ukraine by Council Regulation (EC) No 92/2002 (4). Subject to the conditions set out therein, this Regulation also granted goods produced and directly exported to the first independent customer in the Community by Chimco AD an exemption to the definitive anti-dumping duties as an undertaking had already been accepted definitively from this company at the provisional stage of the proceeding. As mentioned in recital 137 of the definitive Regulation, the minimum price of the undertaking was adapted due to a change in the injury elimination level.
B. FAILURE TO COMPLY WITH THE UNDERTAKING
(5)
The undertaking offered by Chimco AD obliges the company concerned, inter alia, to export the product concerned to the Community at or above certain minimum import price levels (‘MIPs’) specified therein. This minimum price level has to be respected on a quarterly weighted average. The company also undertakes not to circumvent the undertaking by making compensatory arrangements with any other party. Furthermore, Chimco AD is obliged to send to the European Commission a quarterly report of all its exports sales of the product concerned to the European Community.
(6)
Chimco AD failed to submit more data for two quarterly reports in a technically acceptable manner. Further, afterwards, Chimco AD no longer submitted any data in respect of the quarterly reports. It is therefore found, that the company did not respect its obligation to send to the European Commission quarterly reports of all its exports sales of the product concerned to the European Community and had therefore breached the undertaking.
(7)
Commission Regulation (EC) No 2082/2005 (5) sets out in more detail the nature of the breaches found.
(8)
In view of these breaches, acceptance of the undertaking offered by Chimco AD (Taric additional code A272) has been withdrawn by Commission Regulation (EC) No 2082/2005 and a definitive anti-dumping duty should be imposed forthwith on imports of the product concerned when produced and exported by Chimco AD.
(9)
In accordance with Article 8(9) of Regulation (EC) No 384/96, the rate of the anti-dumping duty must be determined on the basis of the facts established within the context of the investigation which led to the undertaking. As the investigation in question was concluded with a final determination as to dumping and injury, by Regulation (EC) No 92/2002, it is considered appropriate that the definitive anti-dumping rate is set at the level and in the form imposed by that Regulation, namely EUR 21,43 per ton before duty, to the net, free-at-Community frontier price.
C. AMENDMENT OF REGULATION (EC) No 92/2002
(10)
In view of the above, Regulation (EC) No 92/2002 should be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 92/2002 is hereby amended as follows:
1.
In Article 1(2), the row concerning Bulgaria shall be replaced by the following:
‘Country of origin
Produced by
Definitive anti-dumping duty (EUR per ton)
TARIC additional code
Bulgaria
All companies
21,43
-’
2.
In Article 2(1) the below line of the table concerning Bulgaria shall be deleted:
‘Country
Company
TARIC additional code
Bulgaria
Chimco AD, Shose az Mezdra, 3037 Vratza
A272’
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 13 January 2006.
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*****
COMMISSION REGULATION (EEC) No 1511/85
of 4 June 1985
amending for the 15th time Regulation (EEC) No 610/77 on the determination of prices of adult bovine animals on representative Community markets and the survey of prices of certain other cattle 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 805/68 of 27 June 1968 on the common organization of the market in beef and veal (1), as last amended by the Act of Accession of Greece, and in particular Article 12 (7) thereof,
Whereas the information available on the trend in cattle numbers indicates that the coefficients used in calculating the price of adult bovine animals on the representative markets of the Community should be adjusted;
Whereas Annex I to Commission Regulation (EEC) No 610/77 (2), as last amended by Regulation (EEC) No 2019/84 (3), should therefore be amended;
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
Annex I to Regulation (EEC) No 610/77 is replaced by the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply for the purposes of calculating the levies in force from 1 July 1985.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 4 June 1985.
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COUNCIL REGULATION (EC) No 1112/2005
of 24 June 2005
amending Regulation (EC) No 2062/94 establishing a European Agency for Safety and Health at Work
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 308 thereof,
Having regard to the proposal from the Commission, submitted following consultation with the Advisory Committee for Safety and Health at Work,
Having regard to the Opinion of the European Parliament (1),
Whereas:
(1)
Council Regulation (EC) No 2062/94 of 18 July 1994 establishing a European Agency for Safety and Health at Work (2) includes provisions concerning the aims, tasks and organisation of the Agency and in particular of its Administrative Board. Those provisions were amended following the accession of Austria, Finland and Sweden, when new members had to be added to the Administrative Board.
(2)
Health and safety at work, a key element in promoting quality in employment, represents one of the European Union's most important social policy areas. The Commission Communication on ‘Adapting to change in work and society: a new Community strategy on health and safety at work 2002 to 2006’ of 11 March 2002 highlights the important role to be played by the European Agency for Safety and Health at Work, hereinafter ‘the Agency’, in the promotion, awareness-raising and anticipation activities needed to achieve the objectives set out therein.
(3)
The Council Resolution of 3 June 2002 on a new Community strategy on health and safety at work (2002 to 2006) (3) requires the Agency to play a leading role in the collection and dissemination of information on good practice, awareness-raising and risk anticipation. The Council calls on the Commission to promote cooperation between the Member States and the social partners at European level through the Agency, with a view to future enlargement and welcomes the Commission's intention to submit a proposal for improving the Agency's operation and tasks in the light of the external evaluation report and the Advisory Committee's opinion on that report.
(4)
The European Parliament Resolution of 23 October 2002 on the Commission Communication: ‘Adapting to change in work and society: a new Community strategy on health and safety at work 2002 to 2006’ also supports the leading role given to the Agency as the key player in non-legislative health and safety activities at Community level and hopes that the European Foundation for the Improvement of Living and Working Conditions and the Agency will continue to improve their cooperation in line with their respective roles in this policy area.
(5)
The European Economic and Social Committee Opinion of 17 June 2002 on the Communication from the Commission ‘Adapting to change in work and society: a new Community strategy on health and safety at work 2002 to 2006’ (4) highlights the role of the Agency in the evaluation of risks and the need for regular contacts between the Agency and the European Foundation for the Improvement of Living and Working Conditions to avoid duplication and to stimulate joint reflection.
(6)
The Commission Communication on the ‘Evaluation of the European Agency for Safety and Health at Work’, prepared in accordance with Article 23 of Regulation (EC) No 2062/94 and based on an external evaluation carried out in 2001, as well as on the contributions of the Administrative Board and of the Commission Advisory Committee for Safety and Health at Work, underlines the need to amend Regulation (EC) No 2062/94 in order to maintain and improve the efficiency and effectiveness of the Agency and its management structures.
(7)
The European Parliament has called upon the Commission to reconsider the composition and working methods of agencies' boards and to put forward appropriate proposals.
(8)
A Joint Opinion concerning the future governance and functioning of the Boards of the Agency, the European Centre for the Development of Vocational Training and the European Foundation for the Improvement of Living and Working Conditions has been submitted to the Commission by their respective management or administrative Boards.
(9)
The tripartite governance of the Agency, the European Centre for the Development of Vocational Training and the European Foundation for the Improvement of Living and Working Conditions by representatives of governments, employers' organisations and employees' organisations is fundamental to the success of those bodies.
(10)
The participation of the social partners in the governance of those three Community bodies creates a specificity which requires them to function according to common rules.
(11)
The existence within the tripartite Board of the three groups drawn from government, employers and employees and the designation of a coordinator for the groups of employers and employees have proved to be essential. That arrangement should therefore be formalised and also extended to the government group. In line with the guidelines for the development of future Community Bodies, included in the communication from the Commission ‘The operating framework for the European Regulatory Agencies’, and in particular the need for representation of the relevant stakeholders in the boards of these bodies, and in line with the principle agreed by the Heads of State and Government for more active involvement of the social partners in the development of the Social Policy Agenda, all Board members (government employers, employees and Commission representatives) should have uniformly one vote each.
(12)
The maintenance of the tripartite representation from each Member State ensures that all major stakeholders are involved and that account is taken of the diversity of interests and approaches which characterise social issues.
(13)
It is necessary to anticipate the practical consequences for the Agency of the forthcoming enlargement of the Union. The composition and functioning of its Board should be adjusted to take account of the accession of new Member States.
(14)
The Bureau provided for in the Rules of Procedure of the Board needs to be strengthened in order to ensure continuity in the functioning of the Agency and efficiency in its decision-making. The composition of the Bureau should continue to reflect the tripartite structure of the Board.
(15)
According to Article 3 of the Treaty, the Community shall aim to eliminate inequalities and promote equality between men and women in all its activities. Therefore, it is appropriate to make provision for encouraging a balanced representation of men and women in the composition of the Board.
(16)
Regulation (EC) No 2062/94 should therefore be amended accordingly.
(17)
The Treaty provides for no powers, other than those under Article 308 thereof for the adoption of this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 2062/94 is amended as follows:
1.
Article 2 is replaced by the following:
‘Article 2
Objective
In order to improve the working environment, as regards the protection of the safety and health of workers as provided for in the Treaty and successive Community strategies and action programmes concerning health and safety at the workplace, the aim of the Agency shall be to provide the Community bodies, the Member States, the social partners and those involved in the field with the technical, scientific and economic information of use in the field of safety and health at work.’
2.
Article 3 is amended as follows:
(a)
Paragraph 1 is amended as follows:
(i)
Points (a) and (b) are replaced by the following:
‘(a)
collect, analyse and disseminate technical, scientific and economic information in the Member States in order to pass it on to the Community bodies, Member States and interested parties; this collection shall take place to identify risks and good practices as well as existing national priorities and programmes and provide the necessary input to the priorities and programmes of the Community;
(b)
collect and analyse technical, scientific and economic information on research into safety and health at work and on other research activities which involve aspects connected with safety and health at work and disseminate the results of the research and research activities;’
(ii)
Points (h) and (i) are replaced by the following:
‘(h)
provide technical, scientific and economic information on methods and tools for implementing preventive activities, identify good practices and promote preventive actions, paying particular attention to the specific problems of small and medium-sized enterprises. With regard to good practices, the Agency should in particular focus on practices which constitute practical tools to be used in drawing up an assessment of the risks to safety and health at work, and identifying the measures to be taken to tackle them;
(i)
contribute to the development of Community strategies and action programmes relating to the protection of safety and health at work, without prejudice to the Commission's sphere of competence;’
(iii)
The following point (j) is added:
‘(j)
The Agency shall ensure that the information disseminated is comprehensible to the end users. To achieve this objective, the Agency shall work closely with the national focal points referred to in Article 4(1), in accordance with the provisions of Article 4(2);’
(b)
Paragraph 2 is replaced by the following:
‘2. The Agency shall work as closely as possible with the existing institutions, foundations, specialist bodies and programmes at Community level in order to avoid any duplication. In particular, the Agency shall ensure appropriate cooperation with the European Foundation for the Improvement of Living and Working Conditions, without prejudice to its own aims.’
3.
Article 4 is amended as follows:
(a)
In Article 4, paragraph 1 is replaced by the following:
‘1. The Agency shall set up a network comprising:
-
the main component elements of the national information networks, including the national social partners' organisations, according to national legislation and/or practice;
-
the national focal points;
-
any future topic centres.’
(b)
In Article 4(2), the first and second subparagraphs are replaced by the following:
‘2. The Member States shall regularly inform the Agency of the main components of their national health and safety at work information networks, including any institution which in their judgement could contribute to the work of the Agency, taking into account the need to ensure the fullest possible coverage of their territory.
The competent national authorities or a national institution designated by them as a national focal point shall coordinate and/or transmit the information to be supplied at national level to the Agency, in the framework of an agreement between each focal point and the Agency on the basis of the work programme adopted by the Agency.
The national authorities shall take into account the point of view of social partners at national level in accordance with national legislation and/or practice.’
4.
The following Article is added:
‘Article 7a
Governing and management structures
The governing and management structure of the Agency shall comprise:
(a)
a Governing Board;
(b)
a Bureau;
(c)
a Director.’
5.
Article 8 is replaced by the following:
‘Article 8
Governing Board
1. The Governing Board shall consist of:
(a)
one member representing the Government from each Member State;
(b)
one member representing the employers' organisations from each Member State;
(c)
one member representing the employees' organisations from each Member State;
(d)
three members representing the Commission.
2. The members referred to in points (a), (b) and (c) of paragraph 1 shall be appointed by the Council from the members and alternate members of the Advisory Committee on Safety and Health at Work.
The members referred to in paragraph 1(a) shall be appointed on a proposal from the Member States.
The members referred in paragraph 1(b) and (c) shall be appointed on a proposal by the respective groups' spokespersons on the Committee.
The proposals from the three groups within the Committee shall be submitted to the Council; the proposals shall also be forwarded to the Commission for information.
The Council shall at the same time appoint, under the same conditions as for the member, an alternate member to attend meetings of the Governing Board only in the absence of the member.
The Commission shall appoint the members and alternate members who are to represent it, taking into account a balanced representation of men and women.
When submitting the lists of candidates, the Member States, employers' organisations and employees' organisation shall endeavour to ensure that the composition of the Governing Board fairly reflects the various economic sectors concerned and to ensure a balanced representation of men and women. These submissions shall take place within three months of the renewal of the membership of the Advisory Committee for Safety and Health at Work being renewed in accordance with the provisions of Articles 3(3) and (4) and 4(1) of Council Decision of 22 July 2003 setting up an Advisory Committee on Safety and Health at Work (5).
The list of the members of the Governing Board shall be published by the Council in the Official Journal of the European Union and by the Agency on its Internet site.
3. The term of office of members of the Governing Board shall be three years. It shall be renewable.
Exceptionally, the term of office of the members of the Governing Board who are in office on the day of the entry into force of this Regulation shall be extended until a new Governing Board has been appointed in accordance with the provisions of paragraph 2.
Upon expiry of their term of office or in the event of their resignation, members shall remain in office until their appointments are renewed or until they are replaced.
4. Within the Governing Board, the representatives of governments, employees' organisations and employers' organisations shall each form a group. Each group shall designate a coordinator who will take part in the meetings of the Governing Board. The coordinators of the employees' and employers' groups shall be representatives of their respective organisations at European level. Coordinators who are not appointed Board members within the meaning of paragraph 1 will take part in meetings without the right to vote.
The Governing Board shall elect its chair and three vice-chairs, one from each of the three groups referred to above and one from among the Commission representatives, to serve for a period of one year, which may be renewed.
5. The chair shall convene the Governing Board at least once a year. The chair shall convene additional meetings at the request of at least one-third of the members of the Governing Board.
6. All members of the Governing Board shall have one vote each and decisions shall be taken by an absolute majority. However, decisions in the framework of the annual work programme and with budgetary consequences for the national focal points shall also require the consent of the majority of the government group.
The Governing Board shall devise a written decision-making procedure, to which the first subparagraph shall apply mutatis mutandis.
7. The Governing Board, having received an opinion from the Commission, shall adopt its rules of procedure which shall lay down the practical arrangements for its activities. The rules of procedure, shall be transmitted for information to the European Parliament and the Council. However, within a period of three months of the rules of procedure being transmitted to it and acting by a simple majority, the Council may modify those rules.
8. The Governing Board shall establish a Bureau of 11 members. The Bureau shall be made up of the chair and the three vice-chairs of the Governing Board, one coordinator per group as referred to in the first subparagraph of paragraph 4, and one more representative of each group and of the Commission. Each group may designate up to three alternates to attend the meetings of the Bureau, in the absence of the full members.
9. Without prejudice to the responsibilities of the Director, as set out in Article 11, the Bureau shall, as delegated by the Governing Board, monitor the implementation of the decisions of the Governing Board and take all necessary measures for the proper governing of the Agency between the Governing Board meetings. The Governing Board may not delegate to the Bureau the competences referred to in Articles 10, 13, 14 and 15.
10. The annual number of meetings of the Bureau shall be decided by the Governing Board. The chair of the Bureau shall convene additional meetings at the request of its members.
11. Decisions by the Bureau shall be taken by consensus. If no consensus can be reached, the Bureau shall refer the matter to the Governing Board for decision.
12. The Governing Board shall be fully and promptly informed on the activities of and the decisions taken by the Bureau.
6.
In Article 9, the following subparagraph is added:
‘The chair of the Governing Board and Director of the European Foundation for the Improvement of Living and Working Conditions shall have the option of attending meetings of the Governing Board as observers.’
7.
Article 10 is amended as follows:
(a)
In Article 10(1), the first subparagraph is replaced by the following:
‘The Governing Board shall determine the strategic aims of the Agency. The Governing Board shall in particular adopt the budget, the four-year rolling programme and the annual programme on the basis of a draft drawn up by the Director referred to in Article 11, after consultation of the Commission services and the Advisory Committee on Safety and Health at Work.’
(b)
In Article 10(1), the fourth subparagraph is deleted.
8.
In Article 11, paragraph 2 is replaced by the following:
‘2. The Director shall be the legal representative of the Agency and shall be responsible for:
(a)
the proper preparation and implementation of the decisions and programmes adopted by the Governing Board and the Bureau;
(b)
the management and the day-to-day administration of the Agency;
(c)
the preparation and publication of the report referred to in Article 10(2);
(d)
the performance of the tasks prescribed;
(e)
all staff matters;
(f)
the preparation of the Governing Board meetings and the Bureau meetings.’
9.
Each time the term ‘Administrative Board’ appears in the articles, it is replaced by ‘Governing Board’.
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 24 June 2005.
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COMMISSION REGULATION (EC) No 1471/94 of 27 June 1994 amending Regulation (EC) No 1097/94 on transitional measures concerning the allocation of quotas in the tobacco sector for the 1994 harvest
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 organization of the market raw tobacco (1), and in particular Article 27 thereof,
Whereas Commission Regulation (EC) No 1097/94 (2) provides for the possibility of authorizing Member States as a transitional measure to allow a transfer of quantities of their quotas which remain available after distribution, in accordance with Article 9 of Commission Regulation (EEC) No 3477/92 (3), as last amended by Regulation (EC) No 813/94 (4), to other groups of varieties; whereas those circumstances have arisen in Spain and it is appropriate, accordingly, to transfer 250 tonnes from variety group II to group III;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Tobacco,
HAS ADOPTED THIS REGULATION:
Article 1
The following is added to the Annex to Regulation (EC) No 1097/94:
- 'Spain
250 tonnes from group II light air-cured to group III dark air-cured.'
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply from 1 April 1994.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 June 1994.
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COMMISSION REGULATION (EC) No 1129/2004
of 17 June 2004
fixing the export refunds on rice and broken rice and suspending the issue of export licences
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), and in particular the second subparagraph of Article 13(3) and (15) thereof,
Whereas:
(1)
Article 13 of Regulation (EC) No 3072/95 provides that the difference between quotations or prices on the world market for the products listed in Article 1 of that Regulation and prices for those products within the Community may be covered by an export refund.
(2)
Article 13(4) of Regulation (EC) No 3072/95, provides that when refunds are being fixed account must be taken of the existing situation and the future trend with regard to prices and availabilities of rice and broken rice on the Community market on the one hand and prices for rice and broken rice on the world market on the other. The same Article provides that it is also important to ensure equilibrium and the natural development of prices and trade on the rice market and, furthermore, to take into account the economic aspect of the proposed exports and the need to avoid disturbances of the Community market with limits resulting from agreements concluded in accordance with Article 300 of the Treaty.
(3)
Commission Regulation (EEC) No 1361/76 (2) lays down the maximum percentage of broken rice allowed in rice for which an export refund is fixed and specifies the percentage by which that refund is to be reduced where the proportion of broken rice in the rice exported exceeds that maximum.
(4)
As the standing invitations to tender for the export refunds on rice have ended for this year, refunds in ordinary law for this product need no longer be fixed. Account should be taken of this when the refunds are fixed.
(5)
Article 13(5) of Regulation (EC) No 3072/95 defines the specific criteria to be taken into account when the export refund on rice and broken rice is being calculated.
(6)
The world market situation or the specific requirements of certain markets may make it necessary to vary the refund for certain products according to destination.
(7)
A separate refund should be fixed for packaged long grain rice to accommodate current demand for the product on certain markets.
(8)
The refund must be fixed at least once a month; whereas it may be altered in the intervening period.
(9)
It follows from applying these rules and criteria to the present situation on the market in rice and in particular to quotations or prices for rice and broken rice within the Community and on the world market, that the refund should be fixed as set out in the Annex hereto.
(10)
For the purposes of administering the volume restrictions resulting from Community commitments in the context of the WTO, the issue of export licences with advance fixing of the refund should be restricted.
(11)
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 export refunds on the products listed in Article 1 of Regulation (EC) No 3072/95 with the exception of those listed in paragraph 1(c) of that Article, exported in the natural state, shall be as set out in the Annex hereto.
Article 2
The issue of export licences with advance fixing of the refund is hereby suspended.
Article 3
This Regulation shall enter into force on 18 June 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 June 2004.
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Commission Decision
of 11 March 2003
establishing the European Community Energy Star Board
(2003/168/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof,
Having regard to Regulation (EC) No 2422/2001 of the European Parliament and of the Council of 6 November 2001 on a Community energy efficiency labelling programme for office equipment(1), and in particular Article 8(1) thereof,
Whereas:
(1) In compliance with Regulation (EC) No 2422/2001, the Commission should establish a European Community Energy Star Board (hereinafter referred to as the "ECESB") to carry out the EC Energy Star programme, as defined in the Agreement between the Government of the United States of America and the European Community on the coordination of energy efficient labelling programmes for office equipment(2).
(2) The ECESB should consist of national representatives, as defined by Regulation (EC) No 2422/2001 and of the interested parties listed on an indicative basis in that Regulation,
HAS DECIDED AS FOLLOWS:
Article 1
The European Community Energy Star Board "ECESB" is hereby established.
Article 2
1. The Chair of the ECESB shall be held by the Commission, represented by the Directorate General for Energy and Transport.
2. The indicative list of the national representatives referred to in Article 9 of Regulation (EC) No 2422/2001 shall be as set out in Part A of the Annex.
Where more than one national representative is designated, the "coordinator" shall be the representative empowered by the Member State as indicated in the Annex.
3. The indicative list of the interested Parties referred to in Article 8(3) of Regulation (EC) No 2422/2001 shall be as set out in Part B of the Annex.
4. In order to ensure a balanced participation of all relevant interested Parties in respect to each office equipment product group, the Chair may adapt the membership of interested Parties as appropriate.
Article 3
This Decision shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.
Done at Brussels, 11 March 2003.
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COUNCIL DIRECTIVE 92/45/EEC of 16 June 1992 on public health and animal health problems relating to the killing of wild game and the placing on the market of wild-game meat
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas game meat is included in the list of products in Annex II to the Treaty; whereas the placing on the market of wild game meat constitutes an additional source of income for part of the farming population;
Whereas, in order to ensure the rational development of this sector and to improve productivity, rules concerning public health and animal health problems affecting the production and placing on the market of wild game meat must be laid down at Community level;
Whereas disparities as regards animal health and public health conditions in the Member States should be eliminated in order to encourage intra-Community trade in such meat, with a view to the completion of the internal market;
Whereas diseases communicable to domestic animals and humans may be spread by such meat; whereas it is necessary to lay down rules enabling these risks to be controlled;
Whereas it is necessary to lay down the hygiene conditions in which wild game meat must be obtained, processed and inspected, in order to prevent food-borne infections or food poisoning;
Whereas it is necessary to stipulate the hygiene rules to be complied with by wild game processing houses for the purposes of approval for trade;
Whereas, in respect of the organization of, and the follow-up to, the checks to be carried out by the Member State of destination and the safeguard measures to be implemented, reference should be made to general rules laid down in Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market (4);
Whereas wild game and wild-game meat imported from third countries should be subject to the minimum requirements laid down by this Directive for trade between Member States, and compliance therewith should be monitored in accordance with the principles and rules set out in Directive 90/675/EEC (5);
Whereas it is appropriate to permit derogations for small quantities of wild game meat;
Whereas it is appropriate to grant temporary derogations to allow wild game processing houses to comply with the new requirements;
Whereas the Commission should be charged with adopting measures to implement this Directive; whereas, to that end, a procedure should be set up establishing close and effective cooperation between the Commission and the Member States within the Standing Veterinary Committee;
Whereas the deadline for transposition into national law, set at 1 January 1994 in Article 23, should not affect the abolition of veterinary checks at frontiers on 1 January 1993,
HAS ADOPTED THIS DIRECTIVE:
CHAPTER I General provisions
Article 1
1. This Directive lays down public health and animal health rules applicable to the killing of wild game and to the preparation and placing on the market of wild game meat.
(& {È%};) OJ No L 395, 30. 12. 1989, p. 13. Last amended by Directive 91/496/EEC (OJ No L 268, 24. 9. 1991, p. 56).
(& {È& };) Council Directive 90/675/EEC of 10 December 1990, laying down the principles governing the organization of veterinary checks on products entering the Community from third countries (OJ No L 373, 31. 12. 1990, p. 1). Amended by Directive 91/496/EEC (OJ No L 268, 24. 9. 1991, p. 56).
2. This Directive shall not apply to:
(a) small numbers of wild game, unskinned or unplucked, and, in the case of small wild game, ineviscerated, supplied directly by the hunter to the consumer or to the retailer;
(b) small quantities of wild-game meat supplied directly to the final consumer;
(c) the cutting and storage of wild-game meat in retail shops or in premises adjacent to sales points, where the cutting and storage are performed solely for the purpose of supplying the consumer directly on the spot.
The above operations shall continue to be subject to the public health checks provided for in national rules governing retailing.
3. The provisions of this Directive concerning trade or imports from third countries shall not apply to trophies or to killed wild game carried by travellers in their private vehicle provided that only a small quantity of small wild game or a single large wild game animal is involved and the circumstances indicate that there is no question of the meat of such game being intended for trade or commercial use, and provided that the game in question does not come from a country or a part of a country trade from which is prohibited pursuant to Article 11 (2) and 3 or Article 18.
Article 2
1. For the purposes of this Directive, the following definitions shall apply:
(a) 'wild game': wild land mammals which are hunted (including wild mammals living within an enclosed area under conditions of freedom similar to those enjoyed by wild game) and wild birds which are not covered by Article 2 of Council Directive 91/495/EEC of 27 November 1990, concerning public health and animal health problems affecting the production and placing on the market of rabbit meat and farmed game meat (6);
(b) 'large wild game': wild ungulates;
(c) 'small wild game': wild mammals of the Leporidae family and wild game birds intended for human consumption;
(d) 'wild-game meat': all parts of wild game which are fit for human consumption;
(e) 'wild game processing house': an establishment approved in accordance with Article 7 in which wild game is processed and wild game meat is obtained and inspected in accordance with the hygiene rules laid down in this Directive;
(f) 'collection centre': any place where killed wild game is kept in accordance with the hygiene rules in Annex I, Chapter IV (2) prior to being transported to a processing house;
(g) 'placing on the market': holding or displaying for sale, offering for sale, selling, delivering or any other form of placing on the market of wild game meat for human consumption in the Community, excluding supplies pursuant to Article 1 (2);
(h) 'trade': trade between Member States within the meaning of Article 9 (2) of the Treaty.
2. For the purposes of this Directive the definitions in Article 2 of Directive 89/662/EEC and Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (7), and the definition of fresh meat in Article 2 (b) of Council Directive 64/433/EEC of 26 June 1964 on health problems affecting intra-Community trade in fresh meat (8), shall apply as necessary.
CHAPTER II Provisions applicable to Community production and trade
Article 3
1. Member States shall ensure that wild game meat:
(a) comes from wild game which:
- has been killed in a hunting area by means authorized under national legislation governing hunting,
- does not come from a region subject to restrictions pursuant to Council Directive 72/461/EEC of 12 December 1972 on health problems affecting intra-Community trade in fresh meat (& {È%};), Council Directive 91/494/EEC of 26 June 1991 on animal health conditions governing intra-Community trade in and imports from third countries of fresh poultrymeat (& {È& };) and Council Directive 91/495/EEC or from a hunting area subject to restrictions pursuant to Articles 10 and 11 of this Directive,
- immediately after killing has been prepared in accordance with Annex I, Chapter III, and transported within a maximum of 12 hours to a processing house as referred to in (b) or to a (²) OJ No L 224, 18. 8. 1990, p. 29. Last amended by Directive 91/496/EEC (OJ No L 268, 24. 9. 1991, p. 56).
(³) OJ No L 121, 29. 7. 1964, p. 2012/64. Last amended by Directive 91/497/EEC (OJ No L 268, 24. 9. 1991, p. 69).
(& {È%};) OJ No L 302, 31. 12. 1972, p. 24. Last amended by Directive 91/266/EEC (OJ No L 134, 29. 5. 1991, p. 45).
(& {È& };) OJ No L 268, 24. 9. 1991, p. 35.
collection centre where it must be chilled to the temperatures specified in Annex I, Chapter III, and from which it must be taken to a processing house as referred to in (b) within 12 hours or, in the case of remote regions where climatological conditions so permit, within a period to be fixed by the competent authority to enable the official veterinarian of the said processing house to carry out the post mortem inspection provided for in Annex I, Chapter V, under satisfactory conditions;
(b) is obtained:
(i) either in a wild game processing house fulfilling the general conditions of Annex I, Chapters I and II, and approved for the purposes of the present Chapter in accordance with Article 7;
(ii) in the case of large wild game, in an establishment approved in accordance with Article 10 of Directive 64/433/EEC, or, in the case of small wild game, in accordance with Article 5 of Council Directive 71/118/EEC of 15 February 1971 on health problems affecting trade in fresh poultrymeat (¹) provided that:
- such game is skinned in rooms separate from those reserved for meat covered by those Directives, or at different times,
- such establishments are given special approval for the purposes of this Directive,
- measures are taken to allow clear identification of meat obtained pursuant to the present Directive and meat obtained pursuant to Directives 64/433/EEC and 71/118/EEC;
(c) comes from killed animals which have undergone visual inspection by the official veterinarian:
- to detect any anomalies. The official veterinarian may base his diagnosis on any information supplied by the hunter, where appropriate on the basis of a certificate laid down by the authority responsible for hunting rules, on the behaviour of the animal before killing,
- to check that death is not due to causes other than hunting;
(d) comes from wild game which:
- has been handled under satisfactory hygiene conditions, in accordance with Annex I, Chapters III and IV,
- has undergone, in accordance with Annex I, Chapter V, post-mortem inspection by an official veterinarian or, by auxiliaries holding the professional qualifications to be specified in (¹) OJ No L 55, 8. 3. 1971, p. 23. Last amended by Directive 90/654/EEC (OJ No L 353, 17. 12. 1990, p. 48).
accordance with the procedure laid down in Article 22, acting under the supervision of the official veterinarian,
- has not shown any change except for traumatic lesions which occurred during killing or localized malformations or changes, provided that it is established, if necessary by appropriate laboratory tests, that these do not render the meat unfit for human consumption or dangerous to human health,
- on which, in the case of small wild game which has not immediately after killing been eviscerated in accordance with Annex I, Chapter V (1), an official veterinary health inspection has been carried out on a representative sample of animals from the same source.
If the official veterinarian finds a disease communicable to man or defects as referred to in Annex I, Chapter V (4), he must carry out more checks on the entire batch. In the light of the results of these further checks, he must either exclude the entire batch from human consumption or inspect each carcase individually.
2. The official veterinarian must ensure that wild game meat is excluded from human consumption:
(i) if it is found to contain defects as referred to in Annex I, Chapter V (3) (e), or if it has been seized in accordance with paragraph 4 of that Chapter;
(ii) if the checks provided for in the third indent of paragraph 1 (d) of this Article have revealed the presence of a disease communicable to man;
(iii) if it comes from animals which have ingested substances which are likely to make the meat dangerous or harmful to human health and on which a decision has been taken, by the procedure laid down in Article 22, after the opinion of the Scientific Veterinary Committee has been obtained. Pending the implementation of such a decision, national rules on these substances shall remain in force, subject to the general provisions of the Treaty;
(iv) if, without prejudice to any Community legislation applicable to ionization, it has been treated with ionizing or ultra-violet radiation or by means of substances likely to affect its organoleptic properties or using colourings other than those used for health marking.
3. Meat of wild boar or of other species susceptible to trichinosis must undergo analysis by the digestion method in accordance with Council Directive 77/96/EEC of 21 December 1976 on the examination for trichinae (trichinella spiralis) upon importation from third countries of fresh meat derived from domestic swine (²) or a trichinoscopic examination with microscopic observation of several samples from each animal taken from the jaw and diaphragmatic muscles, from the muscles of the lower front (²) OJ No L 26, 31. 1. 1977, p. 67. Last amended by Directive 89/321/EEC (OJ No L 133, 17. 5. 1989, p. 33).
leg, from the intercostal muscles and the tongue muscles at least.
Before 1 January 1994, the Council, acting by a qualified majority on a proposal from the Commission and after obtaining the opinion of the Scientific Veterinary Committee, shall lay down the methods for the analysis by digestion which are suitable for detecting trichinosis in wild boar or other species of wild game susceptible to trichinosis; the same procedure shall apply with regard to the trichinoscopic or microscopic examination for the detection of trichinosis.
4. Wild game meat declared fit for human consumption must:
(i) bear a health mark in accordance with Annex I, Chapter VIII.
A decision may be taken, where appropriate, to amend or supplement the provisions of the aforementioned Chapter in accordance with the procedure provided for in Article 22, in order to take into account notably the different forms of commercial presentation, providing they conform to the hygiene rules laid down in this Directive.
Commission Directive 80/879/EEC of 3 September 1980 on health marking of large packagings of fresh poultrymeat (¹) shall apply to meat of small wild game;
(ii) after post-mortem inspection, be stored in accordance with Annex I, Chapter X, under satisfactory hygiene conditions in wild game processing houses approved in accordance with Article 7 of this Directive, or in establishments approved in accordance with Article 10 of Directive 64/433/EEC or Article 5 of Directive 71/118/EEC, or in cold stores approved and inspected in accordance with Article 10 of Directive 64/433/EEC;
(iii) be accompanied during transportation by:
- an accompanying commercial document as authorized by the official veterinarian. This document must:
- in addition to the particulars provided for in Annex I, Chapter VII (2), including in the case of frozen meat the month and year of freezing in clear, bear a code number by which the official veterinarian can be identified,
- be kept by the consignee for at least one year so that it can be produced at the request of the competent authority.
Detailed rules for applying this point, and in particular those concerning the allocation of code numbers and the compilation of one or more lists identifying the official veterinarians, shall be adopted in accordance with the procedure laid down in
Article 22,
- a public animal health certificate corresponding to the specimen in Annex II, in the case of meat from a wild game processing house situated in a restricted region or area or meat to be sent to another Member State after transit through a third country in a sealed lorry;
(¹) OJ No L 251, 24. 9. 1980, p. 10.
(iv) be transported under satisfactory hygiene conditions in accordance with Annex I, Chapter XI;
(v) in the case of parts of carcases or boned meat of small wild game birds, also be obtained in conditions similar to those provided for in Article 3 B. of Directive 71/118/EEC, in establishments specially approved for this purpose in accordance with
Article 7
of the present Directive;
(vi) without prejudice to Council Directive 79/112/EEC of 18 December 1978 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs for sale to the ultimate consumer (²), be labelled with an indication of the animal species.
Article 4
1. Member States shall ensure that:
(a) meat declared unfit for human consumption can be clearly distinguished from meat declared fit for human consumption;
(b) meat declared unfit for human consumption is treated in accordance with Council Directive 90/667/EEC of 27 November 1990 laying down the veterinary rules for the disposal and processing of animal waste, for its placing on the market and for the prevention of pathogens in feedstuffs of animal or fish origin and amending Directive 90/425/EEC (9).
2. Meat from an area subject to animal health restrictions shall be subject to specific rules to be determined on a case-by-case basis in accordance with the procedure laid down in Article 22.
3. Detailed rules for implementing this Article shall if necessary be determined in accordance with the procedure laid down in Article 22.
Article 5
Member States shall ensure that only the following are the subject of trade:
1. skinned and eviscerated wild game meeting the requirements of Articles 3 and 4, or fresh wild game meat;
2. unskinned or unplucked and uneviscerated small game, not frozen or deep-frozen which is controlled in accordance with the third indent of Article 3 (1) (b) (ii), provided it is handled and stored separately from fresh meat covered by Directive 64/433/EEC, poultry meat and skinned or plucked game meat;
3. unskinned large game which:
(a) meets the requirements of Article 3 (1) (a) first and second indents, Article 3 (1) (c), and Article 3 (1) (d) first indent;
(b) the viscera of which have undergone post-mortem inspection in a wild game processing house;
(c) is accompanied by a health certificate corresponding to a specimen to be drawn up in accordance with the procedure laid down in Article 22, signed by the official veterinarian to certify that the result of the post mortem inspection provided for in (b) was satisfactory and that the meat has been declared fit for human consumption;
(d) has been cooled to a temperature of between -1 oC and:
(i) +7 oC and kept at that temperature during transportation to a processing house within a maximum period of seven days from the post mortem inspection referred to in (b), or
(ii) +1 oC and kept at that temperature during transportation to a processing house within a maximum period of 15 days from the post-mortem inspection referred to in (b).
Meat from such unskinned wild game cannot bear the health mark provided for in Article 3 (4) (i) unless, after skinning in the processing house of destination, it has undergone post mortem inspection in accordance with Annex I, Chapter V, and has been declared fit for human consumption by the official veterinarian.
Article 6
Member States shall ensure that:
- wild game processing houses which do not meet the standards laid down in Annex I, Chapter I, and which are not covered by the derogations provided for in Article 8 cannot be approved in accordance with Article 7 and that products from such establishments do not bear the health mark provided for in Annex I, Chapter VII and cannot be the subject of trade,
- wild game which does not meet the requirements of Article 3 cannot be the subject of trade or be imported from third countries,
- offal of wild game declared fit for human consumption cannot be the subject of trade unless it has undergone appropriate treatment in accordance with Council Directive 77/99/EEC on health problems affecting intra-Community trade in meat products (10).
Article 7
1. Each Member State shall draw up a list of approved wild game processing houses, each having a veterinary approval number. Member State may approve, for the processing of wild game, establishments approved in accordance with Directive 64/433/EEC and 71/118/EEC, provided that such establishments are equipped to process wild game meat and that they work in conditions ensuring compliance with the hygiene rules. Member States shall send this list to the other Member States and to the Commission.
A Member State shall not approve a wild game processing house unless it is satisfied that it complies with this Directive.
Where hygiene is found to be inadequate and where the measures provided for in Annex I, Chapter V (5), second subparagraph have proved insufficient to remedy the situation, the competent authority shall temporarily suspend approval.
If the operator or manager of the wild game processing house does not make good the shortcomings noted within the period fixed by the competent authority, the latter shall withdraw approval.
The Member State in question shall take account of the conclusions of any check carried out in accordance with Article 12. The other Member States and the Commission shall be informed of the suspension or withdrawal of approval.
2. The operator or manager of the wild game processing house must, in accordance with paragraph 4, conduct regular checks on the general hygiene of conditions of production in his establishment, inter alia, by means of microbiological controls.
Checks must cover utensils, fittings and machinery at all stages of production and, if necessary, products.
The operator or manager of the wild game processing house must inform the official veterinarian or the Commission's veterinary experts of the nature, frequency and results of the checks conducted to this end, together with the name of the investigating laboratory if need be.
The nature of the checks, their frequency, as well as the sampling methods and the methods for bacteriological examination shall be established in accordance with the procedure laid down in Article 22.
3. The operator or manager of the wild game processing house must establish a staff training programme enabling workers to comply with conditions of hygienic production adapted to the production structure.
The official veterinarian responsible for the wild game processing house must be involved in the planning and implementation of that programme.
4. Inspection and supervision of wild game processing houses shall be carried out under the responsibility of the official veterinarian, who may be assisted by auxiliaries in accordance with Article 9 of Directive 64/433/EEC. The official veterinarian must at all times have free access to all parts of processing houses in order to ensure that this Directive is being complied with and, where there is doubt as to the origin of meat or killed wild game, to relevant documents which enable him to trace the hunting area of origin.
The official veterinarian must regularly analyse the results of the checks provided for in paragraph 2. He may, on the basis of this analysis, conduct further microbiological examinations at all stages of production or on the products.
The result of these analyses shall be written up in a report, the conclusions and recommendations of which shall be notified to the operator or manager of the establishment, who shall rectify the shortcomings noted with a view to improving hygiene.
Article 8
1. Member States may, until 31 December 1996, authorize wild game processing houses which, on the date on which this Directive is notified, have not been judged to comply with the conditions for approval, to derogate from some of the requirements laid down in Annex I provided that meat from such establishments bears the national mark.
2. Derogations as referred to in paragraph 1 may be granted only to processing houses which have, before 1 April 1993, submitted an application for a derogation to the competent authority.
This application must be accompanied by a work plan and programme indicating the period within which it would be possible for the processing house to comply with the requirements referred to in paragraph 1.
3. Member States shall communicate to the Commission before 1 October 1992 the criteria which they have adopted to determine whether an establishment or category of establishments is covered by the provisions of this Article.
Article 9
Member States shall entrust to a central service or body the tasks of collecting and making use of the results of the post-mortem inspection carried out by the official veterinarian as regards the diagnosis of diseases communicable to man.
Whereas such a disease is diagnosed, the results of the specific case shall be communicated as soon as possible to the competent veterinary authorities responsible for supervision of the hunting area where the wild game in question originated.
Member States shall submit to the Commission information on certain diseases and particularly cases where diseases communicable to man have been diagnosed.
The Commission acting in accordance with the procedure laid down in Article 22, shall adopt detailed rules for implementing this Article, and in particular:
- the frequency with which information must be submitted to the Commission,
- the type of information,
- the disease to which the collection of information is to apply,
- procedures for collecting and using information.
Article 10
1. Member States shall ensure that a survey of the health of wild game is performed in hunting areas on their territories at regular intervals.
2. To this end a central service or body shall be entrusted with the task of collecting and using the results of the health inspections carried out in accordance with this Directive, where diseases communicable to man or to animals or the presence of residues in excess of permitted levels are diagnosed.
3. Where a disease or condition as referred to in paragraph 2 is diagnosed, the survey results relating to the specific case shall be communicated as soon as possible to the competent authority responsible for supervision of the hunting area.
4. Depending on the epizootic situation, the competent authority shall carry out specific tests on wild game in order to detect the presence of the diseases referred to in Annex I to Council Directive 82/894/EEC of 21 December 1982 on the notification of animal diseases within the Community (11).
The presence of these diseases shall be communicated to the Commission and to the other Member States in accordance with the said Directive.
Article 11
1. Member States shall supplement their plans for measures to detect residues referred to in Article 4 of Council Directive 86/469/EEC of 16 September 1986 concerning the examination of animals and fresh meat for the presence of residues (12) in order, where necessary, to subject wild game meat to the inspections provided for in that Directive in order to make spot checks on the presence of contaminants in the environment.
2. Taking into account the results of the monitoring referred to in paragraph 1 and in Article 10 (4), Member States shall ensure that wild game and wild game meat from hunting areas implicated by the monitoring is excluded from trade.
3. The Commission shall adopt detailed rules for implementing this Article in accordance with the procedure laid down in Article 22.
Article 12
Veterinary experts from the Commission may, in so far as is necessary for the uniform application of this Directive and in cooperation with the competent national authorities, make on-site checks. In particular, they may verify by checking a representative percentage of wild game processing houses whether the competent authorities are ensuring that approved processing houses are complying with this Directive. The Commission shall inform the Member States of the results of the checks carried out.
A Member State in whose territory a check is being carried out shall give all the necessary assistance to the experts in carrying out their duties.
Detailed rules for implementing this Article shall be adopted in accordance with the procedure laid down in Article 22.
Article 13
1. With prejudice to the specific provisions of this Directive, the official veterinarian or the competent authority shall, where it is suspected that veterinary legislation has not been complied with or there is doubt as to whether wild game meat is fit for consumption, carry out any veterinary checks he or it deems appropriate.
2. Member States shall take administrative and/or penal measures to penalize any infringement of Community veterinary legislation, in particular where it is found that the certificates or documents drawn up do not correspond to the actual state of the wild game meat, that identification marks do not comply with the rules, that the wild game meat was not presented for inspection or that such meat was not used for the purpose originally intended.
Article 14
1. The rules laid down in Council Directive 89/662/EEC concerning veterinary checks to be carried out in intra-Community trade with a view to the completion of the internal market shall apply in particular to the organization of and the action to be taken following the checks carried out by the country of destination and to the safeguard measures to be applied in relation to health problems affecting the production and distribution of wild game meat in the territory of the Community.
2. Directive 89/662/EEC shall be amended as follows:
(a) in Annex A, the following indent shall be aded:
'- Council Directive 92/45/EEC of 16 June 1992 on public health and animal health problems relating to the killing of wild game and the placing on the market of wild game meat (OJ No L 268, 14. 9. 1992, p. 35).';
(b) in Annex B, the indent '- wild game meat' shall be deleted.
3. In Article 2 (d) of Directive 77/99/EEC, the following indent shall be added:
'- Article 2 (1) (d) of Council Directive 92/45/EEC (13)() and meeting the requirements of Articles 3 and 5,
(14)() OJ No L 268, 14. 9. 1992, p. 35.'
CHAPTER III Provisions applicable to imports into the Community
Article 15
The conditions applicable to the placing on the market of wild game meat imported from third countries shall be at least equivalent to those laid down for the production and placing on the market of wild game meat obtained in accordance with Chapter II, excluding those in Articles 6 and 8.
Article 16
1. For the purpose of uniform application of Article 15, the provisions of the following paragraphs shall apply.
2. In order to be imported into the Community, wild game or wild game meat must:
(a) come from third countries or parts of third countries from which imports are not prohibited on animal health grounds;
(b) come from a third country on the list to be drawn up in accordance with paragraph 3 (a);
(c) be accompanied by a health certificate corresponding to a specimen to be drawn up in accordance with the procedure laid down in Article 22, signed by the competent authority and certifying that the products meet the requirements of Chapter II or any additional conditions or offer the equivalent guarantees referred to in paragraph 3 (c) and come from establishments offering the guarantees provided for in Annex I.
3. The following shall be established in accordance with the procedure laid down in Article 22:
(a) a provisional list of third countries or parts of third countries able to provide Member States and the Commission with the conditions and guarantees referred to in paragraph 2 (c) and a list of establishments for which they are able to give these guarantees.
This provisional list shall be compiled from the lists of establishments approved and inspected by the competent authorities of the Member States, once the Commission has checked that they abide by the principles and general rules laid down in this Directive;
(b) updates of that list in the light of the checks provided for in paragraph 4;
(c) the specific conditions and the equivalent guarantees relating to the requirements of this Directive, other than those enabling meat to be excluded from human comsumption in accordance with Article 3 (2) (d) and those of Article 5 and those laid down in Annex I, Chapters IV and V, and, as regards the trichinoscopic examination by the digestion method, in accordance with Directive 77/96/EEC, on the understanding that such conditions and guarantees may not be less stringent than those laid down in Chapter II, excluding those in Articles 6 and 8.
4. Experts from the Commission and the Member States shall carry out on-the-spot inspections to verify whether:
(a) the guarantees given by the third country regarding the conditions of production and placing on the market can be considered equivalent to those applied in the Community;
(b) the conditions of Article 18 are fulfilled.
The experts from the Member States responsible for these inspections shall be appointed by the Commission acting on a proposal from the Member States.
These inspections shall be made on behalf of the Community, which shall bear the cost of any expenditure in this connection. The frequency of and procedure for these inspections shall be determined in accordance with the procedure laid down in Article 22.
5. Pending the organization of the inspections referred to in paragraph 4, national rules applicable to inspection in third countries shall continue to apply, subject to notification, through the Standing Veterinary Committee, of any failure to comply with hygiene rules found during these inspections.
Article 17
1. Member States shall ensure that wild game or wild game meat covered by this Directive is imported into the Community only if it:
- is accompanied by the certificate provided for in Article 16 (1) (c), covering public and animal health requirements issued by the competent authority at the time of loading,
- has satisfied the checks required by Directive 90/675/EEC.
2. Pending the establishment of detailed rules for implementing this Article:
- the national rules applicable to imports from third countries for which such requirements have not been adopted at Community level shall continue to apply, provided they are not more favourable than those laid down in Chapter II,
- imports must take place under the conditions laid down in Article 11 of Directive 90/675/EEC,
- trade in wild game or wild game meat imported in accordance with this paragraph must be subject to the prior agreement of the country of destination.
Article 18
The lists provided for in Article 16 (2) may include only third countries or parts of third countries:
(a) from which imports are not prohibited as a result of the existence of one of the diseases referred to in Annex A to the OIE list, or of any other disease exotic to the Community, or pursuant to Articles 6, 7 and 14 of Directive 72/462/EEC (¹), or
Articles 9 to 12 of Directive 91/494/EEC;
(b) which, in view of their legislation and the organization of their veterinary services and of their inspection services, the powers of such services and the supervision to which they are subject, have been recognized, in accordance with Article 3 (2) of Directive 72/462/EEC or Article 9 (2) of Directive 91/494/EEC, as capable of guaranteeing the implementation of their legislation in force; or
(¹) 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 (OJ No L 302, 31. 12. 1972, p. 28). Last amended by Directive 91/497/EEC (OJ No L 268, 24. 9. 1991, p. 69).
(c) the veterinary services of which are able to guarantee that health requirements at least equivalent to those laid down in Chapter II are being complied with.
Article 19
1. The principles and rules laid down in Directive 90/675/EEC shall apply, with particular reference to the organization of and follow-up to the inspections to be carried out by the Member States and the safeguard measures to be implemented.
Pending implementation of the decisions provided for in Article 8 (3) and Article 30 of Directive 90/675/EEC, the relevant national rules for applying Article 8 (1) and (2) of that Directive shall continue to apply, without prejudice to compliance with the principles and rules referred to in the first subparagraph of this Article.
CHAPTER IV Final provisions
Article 20
This Directive shall not affect Community rules adopted for the conservation of wildlife.
Article 21
The Annexes shall be amended by the Council acting by a qualified majority on a proposal from the Commission in particular to adapt them to advances in technology.
Article 22
1. Where the procedure laid down in this Article is to be followed, matters shall without delay be referred to the Standing Veterinary Committee (hereinafter called 'the Committee') set up by Decision 68/361/EEC (¹) by its Chairman, either on his own initiative or at the request of a Member State.
2. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft within a time limit which the Chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The Chairman shall not vote.
3. (a) The Commission shall adopt the measures envisaged and implement them immediately if they are in accordance with the opinion of the Committee.
(b) If the measures envisaged are not in accordance with the opinion of the Committee, or if no opinion is delivered, the Commission shall without delay submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority.
If, within three months from the date of referral to the Council, the Council has not acted, the Commission shall adopt the proposed measures save where the Council has rejected the said measures by a simple majority.
Article 23
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 January 1994. They shall forthwith inform the Commission thereof.
When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.
2. Member States shall communicate to the Commission the test of the main provisions of national law which they adopt in the field governed by this Directive.
3. The setting of the deadline for transposition into national law at 1 January 1994 shall be without prejudice to the abolition of veterinary checks at frontiers provided for in Directive 89/662/EEC.
Article 24
This Directive is addressed to the Member States.
Done at Luxemburg, 16 June 1992.
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COMMISSION REGULATION (EC) No 2197/95 of 18 September 1995 amending the Annexes to Council Regulations (EEC) No 837/90 concerning statistical information to be supplied by the Member States on cereal production and (EEC) No 959/93 concerning statistical information to be supplied by the Member States on crop products other than cereals
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 837/90 of 26 March 1990 concerning statistical information to be supplied by the Member States on cereal production (1), as amended by Regulation (EEC) No 3570/90 (2), and in particular Article 6 thereof,
Having regard to Council Regulation (EEC) No 959/93 of 5 April 1993 concerning statistical information to be supplied by the Member States on crop products other than cereals (3), and in particular Article 10 thereof,
Whereas by reason of the accession of Austria, Finland and Sweden it is necessary to make certain technical adaptations to the abovementioned annexes and to extend certain derogations to the new Member States;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Agricultural Statistics set up by Council Decision 72/279/EEC (4),
HAS ADOPTED THIS REGULATION:
Article 1
Annex III of Council Regulation (EEC) No 837/90 shall be supplemented as follows:
>TABLE>
Article 2 Footnote (5) of Annex II in Council Regulation (EEC) No 959/93, shall read as follows:
'(5) Delivery of data on areas occupied by kitchen gardens is not obligatory for Denmark, the Netherlands, Austria, Finland, Sweden and the United Kingdom.`
Article 3
Annex III of Council Regulation (EEC) No 959/93 shall be supplemented as follows:
>TABLE>
Article 4 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, 18 September 1995.
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COUNCIL DECISION
of 22 December 2009
appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015
(2009/1014/EU)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 300(3) and 305 thereof, in conjunction with Article 8 of the Protocol on Transitional Provisions annexed to the Treaty on the Functioning of the European Union and the Treaty on European Union,
Having regard to the proposals made by each Member State,
Whereas:
(1)
Article 300(3) of the Treaty on the Functioning of the European Union requires that members or alternate members of the Committee of the Regions, besides being representatives of regional or local bodies, ‘either hold a regional or local authority electoral mandate or are politically accountable to an elected assembly’,
(2)
Article 305 of the Treaty on the Functioning of the European Union provides for the members of the Committee and an equal number of alternate members to be appointed by the Council for five years in accordance with the proposals made by each Member State,
(3)
Article 8 of the Protocol on Transitional Provisions sets out the allocation of members of the Committee of the Regions,
(4)
As the term of office of the members and alternate members of the Committee of the Regions is due to expire on 25 January 2010, new members and alternate members should be appointed to the Committee of the Regions.
(5)
This appointment will be followed at a later date by the appointment of the other members and alternate members whose nominations have not been communicated to the Council before 14 December 2009,
HAS ADOPTED THIS DECISION:
Article 1
The following are hereby appointed to the Committee of the Regions for the period from 26 January 2010 to 25 January 2015:
-
as members, the persons listed by Member State in Annex I,
-
as alternate members, the persons listed by Member State in Annex II.
Article 2
This Decision shall be published in the Official Journal of the European Union.
It shall take enter into force on the date of its adoption.
Done at Brussels, 22 December 2009.
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COMMISSION DIRECTIVE 2006/34/EC
of 21 March 2006
amending the Annex to Directive 2001/15/EC as regards the inclusion of certain 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 89/398/EEC of 3 May 1989 on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses (1), and in particular Article 4(2) thereof,
After consulting the European Food Safety Authority,
Whereas:
(1)
Commission Directive 2001/15/EC of 15 February 2001 on substances that may be added for specific nutritional purposes in foods for particular nutritional uses (2) specifies certain categories of substances and mentions for each of them the chemical substances that may be used in the manufacture of foodstuffs for particular nutritional uses.
(2)
Those chemical substances that have been evaluated by the European Food Safety Authority (hereafter ‘the Authority’) and have received a favourable scientific evaluation should be included in the Annex to Directive 2001/15/EC.
(3)
Favourable scientific evaluation for some vitamins and mineral substances has been recently given and made public by the Authority.
(4)
It is appropriate to replace the category heading ‘folic acid’ in order to take account of the inclusion of other forms of folate in the Annex to Directive 2001/15/EC.
(5)
Directive 2001/15/EC should therefore be amended accordingly.
(6)
The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DIRECTIVE:
Article 1
The Annex to Directive 2001/15/EC is amended as set out in the Annex to this Directive.
Article 2
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2006 at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 3
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
Article 4
This Directive is addressed to the Member States.
Done at Brussels, 21 March 2006.
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COMMISSION DECISION of 14 June 1996 laying down animal health conditions and veterinary certificates for the importation of fresh poultrymeat from the Czech Republic (96/387/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 91/494/EEC of 26 June 1991 on animal health conditions governing intra-Community trade in and imports from third countries of fresh poultrymeat (1), as last amended by Directive 93/121/EC (2), and in particular Article 10 (1) b, Article 11 and Article 12 thereof,
Whereas Commission Decision 94/85/EC (3), as last amended by Decision 96/2/EC (4), established a list of third countries, including the Czech Republic, from which the importation of fresh poultrymeat is authorized;
Whereas the Czech Republic is no longer free from Newcastle disease;
Whereas, however, the Czech Republic applies measures to control Newcastle disease which are at least equivalent to those laid down in Council Directive 92/66/EEC (5), as last amended by the Act of Accession of Austria, Finland and Sweden;
Whereas it is appropriate on this basis to allow the importation of fresh poultrymeat from the Czech Republic; whereas therefore the animal health conditions and the veterinary certificates must be laid down;
Whereas it is appropriate to restrict the scope of this Decision to poultry species covered by Council Directive 71/118/EEC (6), as amended and updated by Directive 92/116/EEC (7), and, if necessary, to lay down the animal health conditions and veterinary certification for other poultry species in a separate Decision;
Whereas this Decision applies without prejudice to measures taken for poultrymeat imported for other purposes than human consumption;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THE FOLLOWING DECISION:
Article 1
Member States shall authorize the import of fresh poultry-meat from the Czech Republic, provided that it meets the requirements of the animal health certificate set out in the Annex and that it is accompanied by such a certificate, duly completed and signed.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 14 June 1996.
|
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COMMISSION DECISION of 12 June 1981 approving the programme on the development of sheep farming in Greenland, pursuant to Council Regulation (EEC) No 1821/80 (Only the Danish text is authentic) (81/479/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1821/80 of 24 June 1980 on the development of sheep farming in Greenland (1), and in particular Article 4 thereof,
Whereas the Danish Government forwarded on 19 March 1981 the programme on the development of sheep farming in Greenland;
Whereas the said programme comprises all the particulars, provisions and measures listed in Article 3 of Regulation (EEC) No 1821/80 which ensure that the objectives of the said Regulation may be achieved;
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
The programme on the development of sheep farming in Greenland, forwarded by the Danish Government pursuant to Regulation (EEC) No 1821/80 on 19 March 1981, is hereby approved.
Article 2
This Decision is addressed to the Kingdom of Denmark.
Done at Brussels, 12 June 1981.
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COMMISSION REGULATION (EC) No 604/2007
of 1 June 2007
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables (1), and in particular Article 4(1) thereof,
Whereas:
(1)
Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.
(2)
In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 2 June 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 1 June 2007.
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COMMISSION REGULATION (EC) No 1607/1999
of 22 July 1999
amending Regulation (EC) No 504/97 laying down detailed rules for the application of Council Regulation (EC) No 2201/96 as regards the system of production aid for products processed from fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2201/96 of 28 October 1996 on the common organisation of the markets in processed fruit and vegetable products(1), as last amended by Regulation (EC) No 2199/97(2), and in particular Article 4(9) thereof,
(1) Whereas Article 2(2) of Commission Regulation (EC) No 504/97(3), as last amended by Regulation (EC) No 702/1999(4), fixes the delivery periods and Article 7(3) of that Regulation lays down provisions concerning amendments to processing contracts; whereas the delivery period for dried plums should be extended and the period for dried figs should be coordinated with the start of the marketing year; whereas, as regards the amendments to contracts, the provisions for figs intended for the production of fig paste should be eased temporarily;
(2) Whereas when products are grown in one Member State and processed in another the authorities of the Member State where the products have been grown should provide proof of payment of the minimum price to the Member State paying the aid;
(3) Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Products Processed from Fruit and Vegetables,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 504/97 is amended as follows:
1. in Article 2(2):
- in point (d), the date "31 December" is replaced by "15 January",
- in point (e), the date "15 July" is replaced by "1 August";
2. in Article 7(3), the following sentence is added: "However, until the 2003/04 marketing year, and in the case of contracts for dried figs intended for the production of fig pastes, amendments my be concluded no later than 31 May and relate to no more than 100 % of the quantities originally stipulated in the contracts.";
3. in Article 11, the following paragraph 6 is added: "6. Where processing takes place outside the Member State in which the product was grown, that Member State shall furnish proof to the Member State paying the production aid that the minimum price payable to the producer has been paid."
Article 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, 22 July 1999.
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Council Decision
of 28 November 2002
establishing a mechanism for evaluating the legal systems and their implementation at national level in the fight against terrorism
(2002/996/JHA)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Articles 29 and 34(1) thereof,
Having regard to the initiative of the Kingdom of Spain(1),
Having regard to the opinion of the European Parliament(2),
Whereas:
(1) The Justice and Home Affairs Council meeting on 20 September 2001 decided, as recorded in point 15 of its Conclusions, to instruct the Article 36 Committee to work out an easier and swifter form of the evaluation mechanism defined in Joint Action 97/827/JHA of 5 December 1997 establishing a mechanism for evaluating the application and implementation at national level of international undertakings in the fight against organised crime(3), in order to define a procedure for the peer assessment of national anti-terrorist arrangements.
(2) It is necessary to improve the national legal systems in the fight against terrorism and their implementation.
(3) The primary responsibility for designing each legal system and implementing it at national level rests with each Member State, although, in the context of the European Union, Member States inform each other of the content in order to achieve greater efficiency in the fight against terrorism.
(4) It is also desirable, in accordance with the content of the abovementioned Council mandate of 20 September 2001, to establish a mechanism which, in the context of the cooperation provided for in the Treaty, enables Member States to evaluate the national legal systems in the fight against terrorism and their implementation on a basis of equality and mutual confidence,
HAS DECIDED AS FOLLOWS:
Article 1
Establishment of the evaluation mechanism
1. A mechanism for peer evaluation of the national arrangements in the fight against terrorism within the framework of international cooperation between Member States shall be established in accordance with the detailed rules set out below.
2. Each Member State shall undertake to ensure that its national authorities cooperate closely with the evaluation teams set up under this Decision with a view to its implementation, with due regard for the rules of law and ethics applicable at national level.
Article 2
Evaluation subjects
1. For each evaluation exercise, the specific subject of the evaluation as well as the order in which Member States are to be evaluated shall be defined by the Article 36 Committee, on a proposal from the Presidency.
Depending on the specific subject chosen for the evaluation, the Article 36 Committee shall also decide whether to designate a Council Working Party subordinate to it to carry out the evaluation or to carry it out itself.
In addition, the Article 36 Committee shall decide the frequency of each evaluation exercise.
2. The Presidency of the Council shall prepare the evaluation assisted by the General Secretariat of the Council which shall use in particular the national experts seconded to it for that purpose. The Commission shall be fully involved in the preparatory work.
3. The first evaluation exercise shall finish no later than mid-2003.
Article 3
Designation of experts
1. Each Member State shall send the General Secretariat of the Council, at the Presidency's initiative, and no later than four weeks after the date on which the Article 36 Committee decides to start an evaluation on a specific subject, the names of one to three experts having substantial experience of the subject to which the evaluation relates in the field of combating terrorism and who are prepared to participate in at least one evaluation exercise.
2. The Presidency shall draw up a list of the experts designated by the Member States and shall forward it to the Article 36 Committee or to the Working Party designated for the purpose.
Article 4
Evaluation team
On the basis of the list referred to in Article 3(2), the Presidency shall choose a team of two experts for the evaluation of each Member State, ensuring that they are not nationals of the Member State in question.
The names of the experts chosen to make up each evaluation team shall be notified to the Article 36 Committee or to the Working Party designated for the purpose.
The evaluation team shall be assisted in all its tasks by the General Secretariat of the Council and by the Commission.
Article 5
Preparation of the questionnaire
The Presidency shall, with the assistance of the General Secretariat of the Council and the Commission, draw up a questionnaire for the purposes of evaluating all Member States in the framework of the specific subject defined in Article 2(1) and shall submit it for approval to the Article 36 Committee or to the Working Party designated for the purpose. In this context, where appropriate, the opinion of any Council Working Party with competence in the subject matter covered by the evaluation shall be requested. The questionnaire shall be designed to establish all information useful for the conduct of the evaluation. The Member State being evaluated shall ensure that it replies to the questionnaire within one month and as fully as possible and attaches where necessary all legal provisions and technical and practical data required.
Article 6
Evaluation visit
No later than six weeks after receiving the reply to the questionnaire, where it is considered appropriate, the evaluation team shall travel to that Member State, with a view to clarifying the replies to the questionnaire, with a programme of visits arranged by the Member State visited on the basis of the evaluation team's proposal, for interviews with the political, administrative, police, customs and judicial authorities and any other relevant body.
Article 7
Preparation of the draft report
No later than 15 days after receiving the replies to the questionnaire or after the visit referred to in Article 6 if such a visit has taken place, the evaluation team shall draw up a concise draft report and submit it to the Member State evaluated, which shall give its opinion within six weeks. If the evaluation team deems it appropriate, it shall amend its report in the light of the comments made by the Member State evaluated.
Article 8
Discussion and adoption of the report
1. The Presidency shall forward the draft report, which shall be confidential, to the members of the Article 36 Committee or to the Working Party designated for the purpose, together with any of the comments by the Member State evaluated which were not accepted by the evaluation team.
2. The meeting of the Article 36 Committee or the Working Party designated for the purpose shall begin with a presentation of the draft report by the members of the evaluation team. The representative of the Member State evaluated shall then provide any comment, information or explanation he deems necessary. The Article 36 Committee or the Working Party designated for the purpose shall then discuss the draft report and adopt its conclusions by consensus.
3. The Presidency shall, at the end of a complete evaluation exercise, inform the Council by the appropriate means of the results of the evaluation exercises. The Council may, where it sees fit, address any recommendations to the Member State concerned and may invite it to report back to the Council on the progress it has made by a deadline to be set by the Council.
4. In accordance with Article 9(2), the Presidency shall inform the European Parliament at the end of a complete evaluation exercise of the implementation of the evaluation mechanism.
Article 9
Confidentiality
1. The experts on the evaluation teams shall be required to respect the confidentiality of any information they receive in connection with their task. Member States shall therefore ensure that the experts they appoint under Article 3 have an appropriate security level.
2. The report drawn up within the framework of this Decision shall be at least a restricted document. However, the Member State evaluated may publish the report on its own responsibility. It shall obtain the Council's consent if it wishes to publish only parts of it.
Article 10
Review of the mechanism
No later than at the end of the first evaluation of all the Member States, the Council shall examine the detailed rules and scope of the mechanism and shall, if appropriate, make adjustments to this Decision.
Article 11
Date of effect
This Decision shall take effect on the day of its publication in the Official Journal.
Article 12
Publication
This Decision shall be published in the Official Journal.
Done at Brussels, 28 November 2002.
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COMMISSION DECISION
of 27 October 2006
not to publish the reference of standard EN ISO 14122-4:2004 ‘Safety of machinery - Permanent means of access to machinery - Part 4: Fixed ladders’ in accordance with Directive 98/37/EC of the European Parliament and of the Council
(notified under document number C(2006) 5062)
(Text with EEA relevance)
(2006/733/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Directive 98/37/EC of the European Parliament and of the Council of 22 June 1998 on the approximation of the laws of the Member States relating to machinery (1), and in particular Article 6(1) thereof,
Having regard to the opinion of the Standing Committee set up under Article 5 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 (2),
Whereas:
(1)
Directive 98/37/EC provides that machinery may be placed on the market and put into service only if it does not endanger the safety of persons, domestic animals or goods, when properly installed and maintained and used for its intended purpose.
(2)
Where a national standard transposing a harmonised standard, the reference of which has been published in the Official Journal of the European Union, covers one or more essential health and safety requirements set out in Annex I to Directive 98/37/EC, the machine built in accordance with this standard is presumed to meet the essential requirements concerned.
(3)
Pursuant to Article 6(1) of Directive 98/37/EC, France lodged a formal objection in respect of standard EN ISO 14122-4:2004 adopted by the European Committee for Standardisation (CEN) on 18 March 2003, the reference of which has not yet been published in the Official Journal of the European Union.
(4)
Having examined standard EN ISO 14122-4:2004, the Commission has established that the specifications set out in its clauses 4.3.2 (choice of the type of fall protection device) in conjunction with clauses 6.2 (instructions for use) and 6.3 (marking) fail to meet essential requirements 1.1.2(b) (principles of safety integration), 1.5.15 (risk of slipping, tripping or falling) and 1.6.2 (access to operating positions and servicing points) of Annex I to Directive 98/37/EC.
(5)
Specifically, the technical solution described in standard EN ISO 14122-4:2004 - a fall arrester - does not prevent a fall from a fixed ladder. It only limits the consequences of a fall and requires deliberate action on the part of the operator to use personal protective equipment (PPE).
(6)
Fall arresters have several major disadvantages. First, they put constraint on the operator. This may result in operators, and in particular those performing frequent maintenance operations, failing to equip themselves with the PPE before using a fixed ladder. Second, they create secondary hazards in the event of an operator falling and hitting the fixed parts of the machine or installation, if there is not minimum clearance below the operator. Moreover, this unobstructed area must necessarily be larger than the enclosed area required by a cage. Third, they constitute an organisational constraint for companies (management of PPE, need for compatibility between the PPE and the anchorage system). This constraint can lead to malfunctions, which in turn can lead to accidents.
(7)
In contradiction with essential requirement 1.1.2.(b) of Annex I to Directive 98/37/EC, clauses 4.3.2, 6.2 and 6.3 of standard EN ISO 14122-4:2004 put requirements for integrated protective measures (the cage) on the same level as those suitable only for residual risks (PPE).
(8)
The purpose of a standard such as EN ISO 14122-4:2004 is to deal with an aspect of safety relating to a wide range of machinery, and not with specific cases. If, for a specific type of machinery, essential requirements 1.1.2, 1.5.15 and 1.6.2 of Annex I to Directive 98/37/EC cannot be fully satisfied, a standard for that type of machinery may specify the alternative measures to be taken.
(9)
The reference of standard EN ISO 14122-4:2004 should therefore not be published in the Official Journal of the European Union,
HAS ADOPTED THIS DECISION:
Article 1
The reference of standard EN ISO 14122-4:2004 ‘Safety of machinery - Permanent means of access to machinery - Part 4: Fixed ladders’ shall not be published in the Official Journal of the European Union.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 27 October 2006.
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COMMISSION REGULATION (EC) No 3673/93 of 20 December 1993 laying down detailed rules for the application in the poultrymeat sector of Council Regulation (EEC) No 3834/90 reducing for the period 1 January to 30 June 1994 the levies on certain agricultural products originating in developing countries
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 3834/90 of 20 December 1990 extending to 1991 the levies on certain agricultural products originating in developing countries (1), as last amended by Regulation (EEC) No 1028/93 (2), and in particular Article 3 thereof,
Having regard to Council Regulation (EEC) No 2777/75 of 29 October 1975 on the common organization of the market in poultrymeat (3), as last amended by Regulation (EEC) No 1574/93 (4), and in particular Article 15 thereof,
Whereas Regulation (EEC) No 3834/90 introduces arrangements for reducing import levies on certain products in the pigmeat, eggs and poultry and cereals sectors; whereas Council Regulation (EC) No 3667/93 (5), which extends the application of Regulation 3834/90 for the period 1 January to 30 June 1994; whereas detailed rules for the application of that Regulation should be adopted as regards products in the poultrymeat sector with a view to administering the fixed amounts concerned;
Whereas, for the products covered by order Nos 59.0020 and 59.0025 (various duck products), those detailed rules are either supplementary to or derogate from 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 3519/93 (7);
Whereas, in order to ensure proper administration of the fixed amounts, for the products covered by order Nos 59.0020 and 59.0025, a security should be required for applications of import licences and certain conditions be laid down as regard applications for licences, in particular restricting the number of operators who can request licences taking into account the limited amounts of products available within the context of this system; whereas the fixed amounts should be staggered over the year and the procedure for lodging licences as well as their duration of validity should be specified; whereas, however, licences must not be valid beyond 30 June 1994;
Whereas it is possible for products covered by order No 59.0030 (various goose products) to replace the system of import licences with a system for monitoring quantities actually imported, which is less restrictive for importers;
Whereas, for the products covered by order No 59.0030, equal and continuous access to the said fixed amount should be ensured for all Community importers and the rates laid down for the fixed amount should be applied consistently to all imports of the product in question into all the Member States until the fixed amount is exhausted; whereas the necessary measures should be taken to ensure efficient Community administration of this fixed amount by providing the opportunity to draw from the volume the necessary quantities corresponding to actual imports; whereas this method of administration requires close cooperation between the Member States and the Commission;
Whereas 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
All imports into the Community in the framework of Council Regulation (EEC) No 3834/90 of products covered by order Nos 59.0020 or 59.0025 in the Annex to the said Regulation shall be subject to the presentation of an import licence.
Article 2
The fixed amounts coming under order Nos 59.0020 and 59.0025 shall be staggered over the six-months period as follows:
- 50 % in the period 1 January to 31 March 1994,
- 50 % in the period 1 April to 30 June 1994.
Article 3
In order to qualify under the import arrangements provided for in Regulation (EEC) No 3834/90:
(a) applicants for import licences must be natural or legal persons who, at the time at which applications are submitted, can prove to the satisfaction of the competent authorities in the Mamber States that they have imported or exported not less than 50 tonnes (product weight) in the case of products falling within the scope of Regulation (EEC) No 2777/75 in 1992 and between 1 January and 30 November 1993; however, retail establishments and restaurants selling these products to final consumers shall not be eligible for this scheme;
(b) the licence application may only involve order No 59.0020 or 59.0025 referred to in the Annex to Regulation (EEC) No 3834/90. The application may involve several products covered by different CN codes and originating in one developing country. In such cases, all the CN codes shall be indicated in section 16 and their designation in Section 15.
However, each applicant may lodge not more than two applications for import licences for products covered by a single order number, if these products originate in two developing countries. The two applications, one each for a single country of origin, must be submitted simultaneously to the competent authority of a Member State. They shall be considered, as regards the maximum envisaged in the third subparagraph as well as the application of the rule contained in Article 4 (2), as a single application.
A licence application must relate at least to one tonne and to a maximum of 25 % of the quantity available for the order number concerned and for the period as specified in Article 2 in respect of which a licence application is lodged;
(c) Section 8 of licence applications and licences shall show the country of origin; licences shall carry with them an obligation to import from the country indicated;
(d) Section 20 of licence applications and licences shall show one of the following:
Producto SPG (Reglamento (CE) no 3673/93),
GPO-varer (forordning (EF) nr. 3673/93),
APS-Erzeugnis (Verordnung (EG) Nr. 3673/93),
Proion SPG (Kanonismos (EK) arith. 3673/93),
SGP-product (Regulation (EC) No 3673/93),
Produit SPG [règlement (CE) no 3673/93],
Prodotto SPG (regolamento (CE) n. 3673/93),
APS-Produkt (Verordening (EG) nr. 3673/93),
Produto SPG (Regulamento (CE) nº 3673/93);
(e) Section 24 of licences shall show one of the following:
Exacción reguladora reducida en un 50 %,
Nedsaettelse af importafgiften med 50 %,
Verminderung der Abschoepfung um 50 %,
Meiomeni eisfora kata 50 %,
Levy reduced by 50%,
Prélèvement réduit de 50 %,
Prelievo ridotto del 50 %,
Heffing verminderd met 50 %,
Direito nivelador reduzido de 50 %.
Article 4
1. Licence applications may only be lodged during the first 10 days of each period as specified in Article 2.
2. Licence applications shall only be admissible where the applicant declares in writing that he has not submitted and undertakes not to submit any other applications, in respect of the current period, concerning products corresponding to the same order number in the Member State in which his application is lodged or in other Member States; where the same interested party submits applications relating to products with the same order number, all applications from that person shall be inadmissible.
3. The Member States shall notify the Commission, on the fifth working day following the end of the application submission period, of applications lodged for each of the products covered by the order numbers in question. Such notification shall comprise a list of applicants and quantities applied for under each order number as well as of the countries of origin. All notifications, including notifications of nil applications, shall be made by telex or telecopy on the working day stipulated, drawn up on the model found in Annex I in the case where no request is made and in the case where requests have been made drawn up on the model found in Annexes I and II.
4. The Commission shall decide as soon as possible to what extent quantities may be awarded in respect of applications as referred to in Article 3.
If quantities in respect of which licences have been applied for exceed the quantities available, the Commission shall fix a single percentage reduction in quantities applied for.
If the overall quantity for which applications have been submitted is less than the quantity available, the Commission shall calculate the quantity remaining, which shall be added to the quantity available in respect of the following period.
5. Licences are issued as soon as possible after the decision is taken by the Commission.
6. Licences issued shall be valid throughout the Community.
Article 5
Pursuant to Article 21 (2) of Regulation (EEC) No 3719/88, import licences shall be valid for 90 days from the date of actual issue.
However, licences may not be valid after 30 June of the year of issue.
Import licences issued pursuant to this Regulation shall not be transferable.
Article 6
A security of ECU 20 per 100 kilograms shall be lodged for import licence applications for all products referred to in Article 1.
Article 7
Without prejudice to the provisions of this Regulation, Regulation (EEC) No 3719/88 shall apply.
However, Article 8 (4) of that Regulation notwithstanding, the quantity imported in the framework of Regulation (EEC) No 3834/90 may not exceed that indicated in sections 17 and 18 if import licences. The figure 0 shall be entered to that effect in section 19 of licences.
Article 8
The fixed amount for the products covered by order No 59.0030 in the Annex to Regulation (EEC) No 3834/90 shall be administered by the Commission, which may take any appropriate measure with a view to ensuring the efficient administration thereof.
Article 9
1. In order to qualify under the import arrangements provided for in Regulation (EEC) No 3834/90 for products covered by order No 59.0030 in the Annex to the said Regulation, the importer must present the competent authorities of the importing Member State with a declaration of entry into free circulation comprising an application to this effect for the products in question accompanied by a certificate of origin. If this declaration is accepted by the competent authorities of that Member State, those authorities shall communicate to the Commission the requests for drawing from the fixed amount involved.
2. The requests for drawing, bearing the date of acceptance of the declaration of entry into free circulation, shall be communicated to the Commission without delay.
3. The drawings are granted by the Commission on the basis of the date of acceptance of the declarations of entry into free circulation by the competent authorities of the importing Member State, to the extent that the available balance so permits.
Any drawing not used shall be returned as soon as possible to the fixed amount for the year for which it was allocated.
When the quantities requested are greater than the available balance of the fixed amount, allocation shall be made on a pro rata basis with respect to the requests. The Commission shall inform Member States of the drawings made as quickly as possible.
Article 10
Each Member State shall ensure that importers of the products covered by order No 59.0030 in the Annex to Regulation (EEC) No 3834/90 have equal and continuous access to the fixed amount for such time as the residual balance of the fixed amount volume so permits.
Article 11
Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with.
Article 12
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, 20 December 1993.
|
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COMMISSION REGULATION (EC) No 1200/2008
of 2 December 2008
amending Regulation (EC) No 1186/2008 fixing the import duties in the cereals sector applicable from 1 December 2008
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
Having regard to Commission Regulation (EC) No 1249/96 of 28 June 1996 laying down detailed rules for the application of Council Regulation (EEC) No 1766/92 in respect of import duties in the cereals sector (2), and in particular Article 2(1) thereof,
Whereas:
(1)
The import duties in the cereals sector applicable from 1 December 2008 were fixed by Commission Regulation (EC) No 1186/2008 (3).
(2)
As the average of the import duties calculated differs by more than EUR 5/tonne from that fixed, a corresponding adjustment must be made to the import duties fixed by Regulation (EC) No 1186/2008.
(3)
Regulation (EC) No 1186/2008 should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
Annexes I and II to Regulation (EC) No 1186/2008 are hereby replaced by the text in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
It shall apply from 3 December 2008.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 2 December 2008.
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*****
COUNCIL REGULATION (EEC) No 1771/90
of 26 June 1990
amending Regulation (EEC) No 1010/86 laying down general rules for the production refund on certain sugar products used in the chemical industry
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1785/81 of 30 June 1981 on the common organization of the markets in the sugar sector (1), as last amended by Regulation (EEC) No 1069/89 (2), and in particular Article 9 (5) thereof,
Having regard to the proposal from the Commission,
Whereas, under Article 9 (3) of Regulation (EEC) No 1785/81, it may be decided to grant production refunds on sugar, unprocessed isoglucose and syrups covered by that Regulation which are used in the manufacture of certain products of the chemical industry;
Whereas Regulation (EEC) No 1010/86 (3), as last amended by Regulation (EEC) No 1438/90 (4), lays down the general rules for the system applicable from 1 July 1986 to sugar sector products used for the manufacture of chemical products; whereas the system aims to promote, on the one hand, the development of the use of sugar sector products by the chemical industry and, on the other, the development of biotechnology on the basis of these basic products, by aligning the price products on the prices of the world market in sugar; whereas, with this in view, the system provides for a transitional period of four marketing years in order to apply in a progressive manner the principle whereby the production refunds should be established by reference to the world and Community sugar prices, account being taken of a standard amout of ECU 7 per 100 kilograms, to be added to the world market price for sugar, corresponding to the forwarding costs for the export of Community sugar inclusive of a flat rate element intended in particular to avoid the sale of sale at a price lower than the world market price which, by nature, is very volatile;
Whereas the experience gained from the operation of the said arrangements during the four marketing years of the transitional period demonstrates the necessity for, on the one hand, finally placing the Community chemical industry that is the consumer of the sugar sector products under conditions comparable to those valid for the chemical industry that obtains its supplies from the world sugar market and, on the other hand, opening up the non-food outlets even further to the Community industry producing those sugar sector products; whereas, in order to do this, the system must be pursued by applying in full from now on the exclusive reference to the world and Community markets for sugar; whereas the pursuance of the arrangements must no longer be subject to a time limit in order to permit the industries in question, through increased certainty as to the law, to make the long term investments which are often heavy, particularly those for new products;
Whereas, in view of the establishment from now on the production refund by reference to the sugar market alone, it is no longer necessary to refer to the cereals marketing year as defined in Article 2 of Regulation (EEC) No 2727/75 (5), as last amended by Regulation (EEC) No 201/90 (6),
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 1010/86 is hereby amended as follows:
1. Article 1 (3) is deleted.
2. The following new Article 4a is inserted:
'Article 4a
1. As from the 1990/91 marketing year, the amount of the production refund per 100 kilograms of white sugar shall be fixed taking into account the world market price for white sugar plus a standard amount of ECU 7 per 100 kilograms of white sugar and the price of Community sugar.
2. For the purpose of implementing paragraph1, the following definitions shall apply:
(a) world market price for sugar: the price of Community sugar less the average of the export refunds for white sugar recorded during the reference period in question after deduction of a standard amount of ECU 7 per 100 kilograms;
(b) price of Community sugar: the intervention price for white sugar plus the storage levy.'
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 26 June 1990.
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COMMISSION DECISION of 31 July 1992 concerning animal health conditions and veterinary certificates for the import of domestic animals of the bovine and porcine species from Romania (92/402/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 the import of bovine, ovine and caprine animals and swine, fresh meat or meat products from third countries (1), as last amended by Regulation (EEC) No 3763/91 (2), and in particular Article 5, 8 and 11 thereof,
Whereas Member States shall import domestic animals of the bovine and porcine species in accordance with the provisions of Council Directive 91/496/EEC (3) which lays down the principles governing the organization of veterinary checks on animals entering the Community from third countries;
Whereas the geographical proximity of Romania to the Community has implications for trade in live animals;
Whereas following Community veterinary missions it appears that animal health in Romania is controlled by veterinary services which, although currently in the process of reorganization, can nevertheless offer satisfactory guarantees concerning diseases which might be transmitted through the import of domestic animals of the bovine or porcine species;
Whereas the responsible Romanian veterinary authorities have confirmed that Romania has during the last 24 months been free from foot-and-mouth disease and during the last 12 months been free from rinderpest, contagious bovine pleuro-pneumonia, vesicular stomatitis, bluetongue, classical swine fever, African swine fever, porcine enteroviral encephalomyelitis (Teschen disease), swine vesicular disease and vesicular exanthema and that no vaccinations have been carried out against any of those diseases, other than foot-and-mouth disease and classical swine fever, during the last 12 months;
Whereas the responsible Romanian veterinary authorities have undertaken to notify the Commission and the Member States, by telex or telefax, within 24 hours, of the confirmation of the occurrence of any of the abovementioned diseases or of the adoption of vaccination against any of them or, within an appropriate period, of any proposed changes in the Romanian import rules concerning bovine animals or swine or their semen or embryos;
Whereas bovine tuberculosis and brucellosis have been eradicated from Romania, whereas vaccination against bovine brucellosis is not permitted and whereas the measures taken by the responsible Romanian authorities to prevent a recrudescence of these diseases are sufficient to equate the status of Romanian herds, other than those under official restriction, with that of herds in the Community having the status of officially tuberculosis-free or officially brucellosis-free;
Whereas the responsible Romanian veterinary authorities have undertaken to supervise officially the issue of certificates arising from this Decision and to ensure that all relevant certificates, declarations and statements on which export certification may have been based remain on official file for at least 12 months following the dispatch of the animals to which they refer;
Whereas the responsible Romanian veterinary authorities have undertaken not to permit the issue of the certificates described in the Annexes to this Decision in respect of animals which have been imported into Romania unless such animals were imported in accordance with veterinary conditions at least as strict as the relevant requirements laid down in Directive 72/462/EEC, including any relevant subsidiary decisions;
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. Without prejudice to paragraphs 2 and 4, Member States shall authorize the import from Romania of the following animals:
(a) domestic animals of the bovine species for breeding or production which meet the requirements set out in the animal health certificate in Annex A to this Decision and are accompanied by such a certificate;
(b) domestic animals of the bovine species for slaughter which meet the requirements set out in the animal health certificate in Annex B to this Decision and are accompanied by such a certificate;
and, from a date to be decided according to the procedure laid down in Article 29 of Directive 72/462/EEC, but not earlier than 12 months after the date on which vaccination against classical swine fever has been officially prohibited in Romania:
(c) domestic animals of the porcine species for breeding or production which meet the requirements set out in the animal health certificate in Annex C to this Decision and are accompanied by such a certificate;
(d) domestic animals of the porcine species for slaughter which meet the requirements set out in the animal health certificate in Annex D to this Decision and are accompanied by such a certificate.
2. Member States may only authorize the importation from Romania of the domestic animals of the bovine or porcine species indicated in paragraph 1 which have been imported into Romania if such animals were imported from the Community or from a third country included in the list set out in the Annex to Council Decision 79/542/EEC (4) in so far as it covers domestic animals of these species and only if the importation was effected in accordance with veterinary conditions at least as strict as the requirements of Chapter II of Directive 72/462/EEC, including any relevant subsidiary decisions.
3. Member States shall require that animals which are submitted to tests in application of this Decision are continuously isolated under conditions approved by an official Romanian veterinarian from all cloven-hoofed animals not intended for export to the Community or not of equivalent health status to such animals from the time of the first test to the time of loading.
4. Member States may only permit the entry onto their territory from Romania of bovine animals if such animals:
(a) come from herds declared by the Romanian veterinary authorities to be enzootic bovine leukosis-free as defined in Annex E to this Decision and have been subjected, within 30 days before export and with negative result, to an individual test for enzootic bovine leukosis carried out according to the Protocol in Annex I to Commission Decision 91/189/EEC (5);
or
(b) are intended for meat production, are not more than 30 months of age, come from herds which are included in a national programme for the eradication of enzootic bovine leukosis and in which there has been no evidence whatever of that disease for at least two years and are permanently marked as described in Annex F to this Decision;
or
(c) come from herds which are included in a national programme for the eradication of enzootic bovine leukosis, are consigned directly to a slaughterhouse and are slaughtered within three working days of their arrival there.
In the case of the animals referred to at (b) and (c) above, Member States shall ensure, by inspection, that such animals are clearly identified, shall supervise them until slaughter and shall take all measures to prevent contamination of indigenous herds.
5. Member States shall not authorize the importation of domestic animals of the bovine or porcine species other than as indicated in this Article.
Article 2
Pending the entry into force of any measures adopted by the Community for the eradication, prevention or control of a contagious or infectious bovine or porcine disease other than rabies, tuberculosis, brucellosis, foot-and-mouth disease, anthrax, rinderpest, contagious bovine pleuropneumonia, enzootic bovine leukosis, porcine enteroviral encephalomyelitis (Teschen disease), classical swine fever, African swine fever or swine vesicular disease, Member States may apply in respect of animals imported from Romania such additional health conditions as they apply to other animals within the framework of a national programme, submitted to and approved by the Commission, for the eradication, prevention or control of such disease.
As a temporary measure up to and including 31 December 1992, Member States may apply this Article in respect of national programmes which have been submitted to but not yet approved by the Commission but in that case they must, without delay, provide the Commission and the other Member States with details of the relevant health conditions.
Article 3
1. Member States shall, up to and including 31 October 1992, render the introduction onto their territory of bovine or porcine animals from Romania subject to the following conditions:
- a guarantee that the animals to be imported have not been vaccinated against foot-and-mouth disease,
- a guarantee, in the case of bovines, that the animals to be imported have reacted negatively to a foot-and-mouth virus test carried out by the laryngo-pharyngeal scrape method (probang test),
- a guarantee that the animals to be imported have reacted negatively to a serological test carried out to detect the presence of foot-and-mouth antibodies,
- a guarantee that the animals to be imported have been isolated for at least 14 days at a quarantine station in Romania under the surveillance of an official veterinarian, that no animal on the premises of isolation has been vaccinated against foot-and-mouth disease during the 21 days preceding export and that no animal other than those forming part of the consignment has been introduced to the premises of isolation during the same period,
- quarantine on the territory of the importing Member State or elsewhere for a period of 21 days.
Nevertheless, Member States which were practising vaccination against foot-and-mouth disease on 31 December 1990 and subsequently ceased such vaccination may, as a transitional measure, accept animals from Romania without requiring the guarantees set out above provided that the animals either were not vaccinated or, in the case of bovines only, were vaccinated before the date on which vaccination officially ceased in the importing Member State.
2. Member States shall, after 1 November 1992, make the introduction onto their territory of bovine or porcine animals from Romania subject to a guarantee that the animals to be imported have not been vaccinated against foot-and-mouth disease.
3. Member States shall make the introduction onto their territory of pigs from Romania subject to a guarantee that they have not been vaccinated against classical swine fever and, in the case of pigs intended for breeding or production, a guarantee that they have shown a negative result to a test for the antibody produced by the virus of classical swine fever.
Article 4
This Decision shall enter into force 30 days after the date of its notification to the Member States.
Article 5
This Decision is addressed to the Member States.
Done at Brussels, 31 July 1992.
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COMMISSION DECISION of 14 July 1994 amending Decision 94/269/EC laying down specific conditions for importing fishery and aquaculture products from Colombia (94/469/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 91/493/EEC of 22 July 1991 (1), laying down the health conditions for the production and the placing on the market of fishery products, and in particular Article 11 (5) thereof,
Whereas the list of establishments approved by Colombia for importing fishery and aquaculture products into the Community has been drawn up in Decision 94/269/EC (2); whereas this list may be amended following the communication of a new list by the competent authority in Colombia;
Whereas the competent authority in Colombia has communicated a new list adding 20 establishments;
Whereas it is necessary to amend the list of approved establishments accordingly;
Whereas the measures provided for in this Decision have been drawn up in accordance with the procedure laid down by Commission Decision 90/13/EEC (3),
HAS ADOPTED THIS DECISION:
Article 1
Annex B of Decision 94/269/EC is replaced by the Annex to this Decision.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 14 July 1994.
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COUNCIL DECISION
of 14 December 1992
concerning the conclusion of a trade and cooperation agreement between the European Economic Community and Macao
(92/605/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 113 and 235 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Whereas the Agreement for trade and cooperation between the European Economic Community and Macao should be approved,
HAS DECIDED AS FOLLOWS:
Article 1
The Agreement for trade and cooperation between the European Economic Community and Macao is hereby approved on behalf of the Community.
The text of the Agreement is attached to this Decision.
Article 2
The President of the Council shall give the notification provided for in Article 19 of the Agreement (2).
Article 3
The Commission, assisted by representatives of the Member States, shall represent the Community in the Joint Committee set up by Article 16 of the Agreement.
Article 4
This Decision shall be published in the Official Journal of the European Communities.
Done at Luxembourg, 14 December 1992.
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COMMISSION REGULATION (EC) No 1892/2004
of 29 October 2004
on transitional measures for 2005 for imports of bananas into the Community by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to the Treaty of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia,
Having regard to the Act of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, and in particular the first paragraph of Article 41 thereof,
Having regard to Council Regulation (EEC) No 404/93 of 13 February 1993 on the common organisation of the market in bananas (1),
Whereas:
(1)
Commission Regulation (EC) No 896/2001 (2) laid down detailed rules for applying Regulation (EEC) No 404/93 as regards the arrangements for importing bananas into the Community.
(2)
Commission Regulation (EC) No 838/2004 of 28 April 2004 (3) adopted the transitional measures needed to facilitate the transition from the arrangements in force in the new Member States prior to accession to the import arrangements in force under the common organisation of the markets in the banana sector for the period from 1 May to 31 December 2004. In order to ensure market supply, in particular in the new Member States, that Regulation fixed an additional quantity on a transitional basis over and above the quotas opened for imports of products originating in all third countries by Article 18(1) of Regulation (EEC) No 404/93 on the same terms as regards tariffs, for the period from 1 May to 31 December 2004.
(3)
To this end, the necessary transitional measures should also be adopted for 2005 in order to facilitate the transition towards application of the import arrangements in force under the common organisation of the market in the new Member States, and in preparation for the transition to a tariff-only arrangement applicable to imports, no later than 1 January 2006, in accordance with Article 16 of Regulation (EEC) No 404/93.
(4)
In order to ensure market supply, in particular in the new Member States, an additional quantity should be fixed over and above the quotas opened for imports of products originating in all third countries by Article 18(1) of Regulation (EEC) No 404/93 on the same terms as regards tariffs. Such fixing must be transitional and may not prejudge the outcome of the negotiations under way in the context of the World Trade Organisation (WTO) as a result of the accession of the new members. In addition, it should not preclude the possibility of an increase if need be to meet requirements justified by demand.
(5)
This additional quantity must be managed using the mechanisms and instruments put in place by Regulation (EC) No 896/2001 to manage the existing tariff quotas. However, because these arrangements are transitional, this additional quantity must be managed separately from the tariff quotas.
(6)
Under the mechanisms introduced by Regulation (EC) No 896/2001, the additional quantity must be distributed between the two categories of operators defined in Article 2 of that Regulation and rules must be adopted for determining a specific reference quantity for each traditional operator and a specific allocation for each non-traditional operator. It should be specified that the distribution referred to above and the determination of the reference quantities and allocations concern operators who have supplied the markets of the new Member States during the years prior to accession.
(7)
For the purposes of determining the reference quantities of traditional operators, the three-year reference period 2000, 2001 and 2002 laid down in Article 6(1) of Regulation (EC) No 838/2004 should be retained, as should the average of primary imports carried out during that period by each traditional operator registered in accordance with the transitional measures adopted in 2004, following checks carried out by the competent authorities. The provisions to be adopted must, however, allow applications submitted by traditional operators who were not registered in 2004 to be taken into account, provided that these applications meet the conditions laid down for the registration of these operators in Commission Regulations (EC) No 414/2004 (4) and (EC) No 838/2004, in particular as regards the definition of primary imports and the proof that such operations have supplied the markets of the new Member States during the period concerned.
(8)
As regards new non-traditional operators, provision should be made for their registration on the basis of their having been engaged in the commercial activity of importing bananas, in one of the years 2002, 2003 and 2004, in accordance with Articles 6, 7 and 8 of Regulation (EC) No 896/2001.
(9)
With a view to managing this available quantity, adjustment coefficients to be applied to the quantities notified by the Member States should be fixed.
(10)
In order to ensure satisfactory market supply, and in particular to ensure a continual flow of imports into the new Member States, the transitional measures should include the issue of licences with a view to release for free circulation in a new Member State. Accordingly, securities lodged should be released in proportion to the quantities released for free circulation in a new Member State.
(11)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Bananas,
HAS ADOPTED THIS REGULATION:
Article 1
Definitions
For the purposes of this Regulation:
(a)
‘Community of Fifteen’ means the Community as constituted on 30 April 2004;
(b)
‘new Member States’ means the Czech Republic, Estonia, Cyprus, Hungary, Latvia, Lithuania, Malta, Poland, Slovenia and Slovakia;
(c)
‘the enlarged Community’ means the Community as constituted on 1 May 2004;
(d)
‘primary import’ means the economic operation defined in the first subparagraph of Article 3(1) of Regulation (EC) No 896/2001 with a view to sale in one or more new Member States;
(e)
‘minimum quantity’ means the minimum quantity defined in the third subparagraph of Article 3(1) of Regulation (EC) No 896/2001 established on the basis of all primary imports carried out with a view to supplying the markets of the new Member States;
(f)
‘competent authorities’ means the competent authorities listed in the Annex to Regulation (EC) No 896/2001.
Article 2
Purpose
This Regulation adopts, for 2005, the transitional measures needed to facilitate the transition from the arrangements in force in the new Member States prior to their accession to the Community of Fifteen to the tariff quota import arrangements introduced by Regulations (EEC) No 404/93 and (EC) No 896/2001.
Regulation (EC) No 896/2001 shall apply subject to this Regulation.
Article 3
Additional quantity
1. A quantity of 460 000 tonnes, net weight, shall be available for imports of bananas into the new Member States in 2005.
This quantity shall be available for imports of products from the origins referred to in Article 18(1) of Regulation (EEC) No 404/93.
Imports covered by that quantity shall be subject to the duties fixed in Article 18(2) of the above Regulation.
2. The quantity fixed in paragraph 1 may be increased if a growth in demand is observed in the new Member States.
Article 4
Access to the additional quantity
1. Access to the additional quantity fixed in Article 3 shall be open to traditional operators and non-traditional operators established in the enlarged Community who meet the requirements of Article 5 or Article 6, as the case may be.
2. Quantities of 381 800 tonnes shall be available to traditional operators and 78 200 tonnes to non-traditional operators.
Article 5
Specific reference quantity for traditional operators for 2005
1. Without prejudice to paragraph 4, for 2005 the specific reference quantity of each traditional operator referred to in Article 6(1) of Regulation (EC) No 838/2004 and registered in 2004 in accordance with that Regulation, shall be determined, on written application submitted by the operator no later than 12 November 2004, on the basis of the average of primary imports of bananas carried out in the three-year period 2000-2002 established on the basis of the supporting documents provided for in Article 6(2) and the first subparagraph of Article 6(4) of Regulation (EC) No 414/2004.
2. Non-registered operators in accordance with Regulation (EC) No 838/2004 meeting the requirements laid down in Article 6(1) thereof shall send the competent authorities of the Member State of their choice a written application for allocation of a specific reference quantity for 2005. This application, submitted no later than 12 November 2004, shall indicate:
(a)
for 2000, 2001 and 2002, the quantities of primary imports of bananas carried out and followed by release for free circulation in the new Member States; and
(b)
the respective quantities released for free circulation in the various new Member States for each of the years concerned.
To be accepted, this application shall be accompanied by the supporting documents referred to in Article 6(2) and (4), first subparagraph, of Regulation (EC) No 414/2004.
The competent authorities shall give a specific reference quantity based on the average of primary imports carried out during the above period.
3. The Member States shall notify the Commission no later than 26 November 2004 of the sum of the specific reference quantities for traditional operators established in accordance with paragraphs 1 and 2.
4. In the light of the notifications under paragraph 3 and the available quantity fixed in Article 4(2), the Commission shall, if necessary, set an adjustment coefficient to be applied to the specific reference quantity of each traditional operator.
5. The competent authorities shall inform each operator of its reference quantity, as adjusted where necessary by the adjustment coefficient referred to in paragraph 4, no later than 10 December 2004.
Article 6
Specific allocation to non-traditional operators
1. Operators meeting the requirements laid down in Article 6 of Regulation (EC) No 896/2001 who have been engaged in the commercial activity of importing fresh bananas falling within CN code 0803 00 19 into one or more of the new Member States with a declared customs value of EUR 1 200 000 or more during either 2002, 2003 or 2004 may submit an application for registration in the Member State of their choice with a view to the issue of import licences under the additional quantity.
The application for registration shall be accompanied by the supporting documents referred to in Article 7(2) of Regulation (EC) No 896/2001.
2. In order to have their registration renewed, non-traditional operators registered in 2004 in accordance with Regulation (EC) No 838/2004 shall provide the competent authorities of the Member State of registration with proof that they have actually imported on their own account at least 50 % of the quantity allocated to them for the period 1 May to 31 December 2004.
To be accepted, applications for renewal of the registration shall be accompanied by copies of import licences used and proof of payment of the customs duties due on the date of the completion of customs import formalities.
3. Operators shall address their application for registration or application for renewal of a registration to the competent authorities of the Member State of their choice.
To be accepted, applications for registration or for renewal of the registration shall be accompanied by an application for a specific allocation, as well as proof that the security referred to in Article 8(1) of Regulation (EC) No 896/2001 has been lodged.
To be accepted, applications for a specific allocation may not cover a quantity greater than 12,5 % of the total quantity allocated to non-traditional operators fixed in Article 4(2).
Applications shall be submitted no later than 12 November 2004.
4. By 26 November 2004, the Member States shall notify the Commission of:
-
the total quantity covered by applications for specific allocations submitted by non-traditional operators,
-
the list of operators who have submitted requests for registration and for renewal of registration, and in the case of renewals the serial numbers of licences or any licence extracts, used and issued.
5. In the light of the Member States' notifications under paragraph 4 and the quantity fixed in Article 4(2), the Commission shall, if necessary, set an adjustment coefficient to be applied to the application for a specific allocation made by each non-traditional operator.
6. The competent authorities shall inform each non-traditional operator of its specific allocation no later than 10 December 2004.
Article 7
Rules for issuing import licences
1. Import licences, hereinafter referred to as ‘accession licences’, shall be issued only for the release for free circulation in a new Member State.
2. Licence applications shall bear the words: ‘accession licence’, ‘traditional operator’ or ‘non-traditional operator’, as the case may be, and ‘Regulation (EC) No 1892/2004. Licence only valid in a new Member State’.
These entries shall appear in Box 20 of the licence.
Article 8
Submission and issue of import licences in the first quarter of 2005
1. Notwithstanding Article 15 of Regulation (EC) No 896/2001, for the first quarter of 2005 licence applications shall be submitted no later than 17 December 2004.
2. To be accepted, applications for licences submitted by a single operator must not exceed a total quantity greater than:
(a)
27 % of the specific reference quantity notified in accordance with Article 5(5), in the case of traditional operators;
(b)
27 % of the specific allocation notified in accordance with Article 6(6), in the case of non-traditional operators.
The competent national authorities shall issue import licences immediately.
3. Import licences issued under this Article shall be valid from the day of issue and shall expire on 7 April 2005.
Article 9
Release of securities
1. Securities against the import licences of traditional operators as provided for in Article 24 of Regulation (EC) No 896/2001 shall be released in proportion to the quantities released for free circulation in a new Member State.
2. Securities against the allocations of non-traditional operators as provided for in Article 8(2) of Regulation (EC) No 896/2001 shall be released in proportion to the quantities actually released for free circulation in a new Member State on the terms laid down in that Article.
Article 10
Reallocation licences
Notwithstanding Article 19 of Regulation (EC) No 896/2001:
1.
Unused quantities covered by an accession licence may be reallocated to the same operator - whether holder or transferee - upon application, for use in a subsequent period. Such reallocation shall apply to bananas imported under the additional quantity.
2.
Reallocation licence applications and licences shall bear the following words in Box 20: ‘Reallocation licence’, ‘traditional operator’ or ‘non-traditional operator’, as the case may be, and ‘Article 10 of Regulation (EC) No 1892/2004. Licence only valid in a new Member State’.
Article 11
Transfer of accession licences
Rights arising under accession licences covered by the additional quantity shall be transferable to a single transferee operator.
Rights may be transferred only:
-
between traditional operators as referred to in Article 5,
-
from a traditional operator as referred to in Article 5 to a non-traditional operator as referred to in Article 6, or
-
between non-traditional operators as referred to in Article 6.
Article 12
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.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 October 2004.
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COMMISSION REGULATION (EEC) No 2098/92 of 24 July 1992 amending Regulation (EEC) No 1616/92 laying down detailed rules applicable to the free supply of food products to the population of Albania as provided for in Council Regulation (EEC) No 1567/92
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1567/92 of 15 June 1992 on a second emergency measure for the free supply of food products to the population of Albania (1),
Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organization of the market in cereals (2), as last amended by Regulation (EEC) No 1738/92 (3), and in particular Article 7 thereof,
Having regard to Council Regulation (EEC) No 1418/76 of 21 June 1976 on the common organization of the market in rice (4), as last amended by Regulation (EEC) No 674/92 (5), and in particular Article 5 thereof,
Having regard to Council Regulation (EEC) No 1676/85 of 11 June 1985 on the value of the unit of account and the conversion rate to be applied for the purpose of the common agricultural policy (6), as last amended by Regulation (EEC) No 2205/90 (7), and in particular Article 2 (4) thereof,
Whereas Commission Regulation (EEC) No 1616/92 (8) provides for an emergency measure for the supply of food products to Albania;
Whereas examination has shown there to be an imprecision in the text of that Regulation at Article 8 (2);
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
Article 8 (2) of Regulation (EEC) No 1616/92 is replaced by the following:
'2. In the case of invitations to tender as provided for in Article 2 (3) of this Regulation, the successful tenderer must lodge a supply security before the goods are shipped. The amount of the security shall be equal to the intervention buying-in price of all of the basic product that was granted in exchange, adjusted in accordance with monthly increases applicable in the month of submission of tenders, that price being increased by 10 %.'
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 July 1992.
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COUNCIL REGULATION (EC) No 615/2008
of 23 June 2008
amending Regulation (EC) No 1405/2006 laying down specific measures for agriculture in favour of the smaller Aegean islands and amending Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers
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,
Having regard to the opinion of the European Parliament (1),
Whereas:
(1)
Article 1 of Council Regulation (EC) No 1405/2006 (2) lays down the scope of application of the Regulation and gives the definition of the smaller islands. Experience from the application of that Regulation shows that the scope of the Regulation should be adapted.
(2)
Article 3 of Regulation (EC) No 1405/2006 introduces specific supply arrangements aiming at easing the problems deriving from the particular geographical situation of some of the Aegean islands imposing additional transport costs in supplying products which are essential for human consumption, for processing or as agricultural inputs. These essential products are included in Annex I to the Treaty. Therefore, Article 3 should be amended in order to include reference to the Annex I in question, thus limiting the scope of the Article to these products only.
(3)
Article 6 of Regulation (EC) No 1405/2006 provides for the procedure for adoption of detailed rules for the application of Chapter II of Regulation (EC) No 1405/2006. As a similar provision is laid down in Article 14 of the said Regulation concerning the implementation of the Regulation in its entirety, Article 6 should therefore be deleted.
(4)
Article 7 of Regulation (EC) No 1405/2006 introduces measures to assist local agricultural products in general, thus having a wider scope than Article 3. Therefore, Article 7 should be amended to include a reference to Title II of Part Three of the Treaty, thus covering products of the soil, of stock farming and of fisheries and products of first-stage processing directly related to these products.
(5)
Article 9(e) of Regulation (EC) No 1405/2006 refers, among other issues to be included in the support programme, to provisions for checks and administrative penalties. However, national provisions on checks and administrative penalties cannot be the subject of approval in the framework of the Community support programme for the smaller Aegean islands. These national measures may only be communicated to the Commission in accordance with Article 16 of that Regulation. Therefore, Article 9(e) should be amended in order to exclude any provisions for checks and administrative penalties to be included in the programme submitted by the competent authorities of Greece.
(6)
Regulation (EC) No 1405/2006 should therefore be amended accordingly.
(7)
Most of the measures referred to in Chapter III of Regulation (EC) No 1405/2006 constitute direct payments and should as such be referenced in Council Regulation (EC) No 1782/2003 (3). Due to an error, the entry for the Aegean Islands was incorrectly deleted from Annex I to Regulation (EC) No 1782/2003 by Article 20(3) of Regulation (EC) No 1405/2006. Annex I should therefore be corrected with effect from the date of application of Regulation (EC) No 1405/2006,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 1405/2006 is amended as follows:
1.
Article 1(1) shall be replaced by the following:
‘1. This Regulation lays down specific measures on agriculture to remedy the difficulties caused by the remote and insular nature of the smaller Aegean islands, hereafter referred to as the “smaller islands”.’;
2.
Article 3(1) shall be replaced by the following:
‘1. Specific supply arrangements are hereby introduced for the agricultural products listed in Annex I to the Treaty (“the agricultural products”), which are essential in the smaller islands for human consumption, for the manufacture of other products or as agricultural inputs.’;
3.
Article 6 shall be deleted;
4.
Article 7(1) shall be replaced by the following:
‘1. The support programme shall contain the measures needed to ensure continuity and development of local lines of agricultural production in the smaller islands within the scope of Title II of Part Three of the Treaty.’;
5.
Article 9(e) shall be replaced by the following:
‘(e)
the steps taken to ensure the support programme is implemented effectively and appropriately, including the arrangements for publicity, monitoring and evaluation;’.
Article 2
In Annex I to Regulation (EC) No 1782/2003 the following entry shall be inserted after POSEI:
‘Aegean Islands
Chapter III of Regulation (EC) No 1405/2006 (4)
Direct payments within the meaning of Article 2 of this Regulation, under measures established in the programmes
Article 3
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
However, Article 2 shall apply with effect from 1 January 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 23 June 2008.
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COUNCIL REGULATION (EEC) No 496/86 of 25 February 1986 fixing the initial quantitative restrictions on the import into Portugal of certain processed fruit and vegetable products from third countries
THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to the Act of Accession of Spain and Portugal, and in particular Article 234 (2) thereof, Having regard to the proposal from the Commission, Whereas Article 245 of the Act of Accession provides that the Portuguese Republic may, until 31 December 1992, apply quantitative restrictions to the import from third countries of products referred to in Annex XXI to the Act and in particular of certain processed fruit and vegetable products; Whereas implementation by the Portuguese Republic of Article 245 of the Act entails the fixing of the initial quota for the abovementioned products; Whereas, on the basis of information available, the application of the criteria defined in Article 245 of the Act results in the quotas in question being fixed at the levels shown in this Regulation; Whereas this Regulation applies to all third countries, but without prejudice to the protocols to be concluded with preferential third countries in accordance with Article 366 of the Act or to the transitional measures referred to in Article 367 thereof; whereas it should be specified, however, that the quantities resulting from the quantitative restrictions fixed pursuant to these Articles are to be included in those applicable to third countries as a whole under this Regulation; Whereas some processed fruit and vegetable products listed in Annex XXI to the Act are subject to the system of import licences referred to in Article 15 of Regulation (EEC) No 426/86 of 24 February 1986 on the common organization of the market in products processed from fruit and vegetables (1); whereas, as a result of the introduction of quantitative restrictions in Portugal, it should be stipulated that import licences issued for those products are not valid for imports into Portugal unless they are accompanied by an authorization to import issued by the authorities of that country, HAS ADOPTED THIS REGULATION:
Article 1
1. The initial quotas referred to in Article 245 of the Act of Accession to be applied by the Portuguese Republic to the import from third countries of processed fruit and vegetable products listed in Annex XXI to the said Act shall be as set out in the Annex to this Regulation. 2. From 1 March to 31 December 1986, the quotas set out in paragraph 1 shall be reduced by one-sixth. 3. With regard to preferential third countries, where the protocols referred to in Article 366 of the Act of Accession or, in their absence, where autonomous measures taken pursuant to Article 367 of that Act provide for quantitative restrictions, the quantities resulting from the application of the abovementioned provisions shall be set before the quantities for the other third countries are set, in compliance with the framework established in paragraph 1.
Article 2
The import licences issued for the products subject to the system of import licences provided for in Article 15 of Regulation (EEC) No 426/86 shall not be valid for imports into Portugal unless they are accompanied by an authorization to import issued by the Portuguese Republic.
Article 3
Detailed rules of application of the quota system referred to in Article 245 of the Act of Accession shall be adopted, as needed, in accordance with the procedure laid down in Article 22 of Regulation (EEC) No 426/86.
Article 4
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, 25 February 1986.
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*****
COMMISSION DECISION
of 3 April 1984
amending Decision 82/732/EEC as regards the list of establishments in Czechoslovakia approved for the purpose of importing fresh meat into the Community
(84/228/EEC)
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine animals and swine and fresh meat from third countries (1), as last amended by Directive 83/91/EEC (2), and in particular Articles 4 (1) and 18 (1) (a) and (b) thereof,
Whereas a list of establishments in Czechoslovakia, approved for the purposes of the importation of fresh meat into the Community, was drawn up initially by Council Decision 82/732/EEC (3), as amended by Commission Decision 83/241/EEC (4);
Whereas a routine inspection under Article 5 of Directive 72/462/EEC and Article 3 (1) of Commission Decision 83/196/EEC of 8 April 1983 concerning on-the-spot inspections to be carried out in respect of the importation of bovine animals and swine and fresh meat from non-member countries (5) has revealed that the level of hygiene of certain establishments has altered since the last inspection;
Whereas the list of establishments should, therefore, be amended;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
The Annex to Decision 82/732/EEC is hereby replaced by the Annex to this Decision.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 3 April 1984.
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Commission Decision
of 15 January 2002
amending for the sixth time Decision 2001/740/EC concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
(notified under document number C(2002) 78)
(Text with EEA relevance)
(2002/37/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market(1), as last amended by Directive 92/118/EEC(2), and in particular Article 10 thereof,
Having regard to Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market(3), as last amended by Directive 92/118/EEC, and in particular Article 9 thereof,
Whereas:
(1) Commission Decision 2001/740/EC(4), as last amended by Decision 2001/938/EC(5), concerns certain protection measures with regard to foot-and-mouth disease in the United Kingdom.
(2) The last outbreak of foot-and-mouth disease in Great Britain was recorded on 30 September 2001. Certain counties in Great Britain, which are listed in Annex III, have had no outbreak of foot-and-mouth disease during this epidemic, while others have remained free from the disease for more than 3 months.
(3) The improved animal health situation now allows to enlarge the area from where live bovine and porcine animals and meat of animals of susceptible species may be dispatched.
(4) The situation should be reviewed at the meeting of the Standing Veterinary Committee scheduled for 15 and 16 January 2002 and the measures adapted where necessary.
(5) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
Annex III of Decision 2001/740/EC is replaced by the Annex to the present Decision.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 15 January 2002.
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*****
COMMISSION DECISION
of 20 March 1985
withdrawing the status of certain parts of the territory of the Federal Republic of Germany with regard to classical swine fever
(85/218/EEC)
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic 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 by Directive 84/644/EEC (2), and in particular Article 4c (1) (c) thereof,
Having regard to Council Directive 72/461/EEC of 12 December 1972 on health problems affecting intra-Community trade in fresh meat (3), as last amended by Directive 84/643/EEC (4), and in particular Article 13a (2) thereof,
Whereas Council Decision 82/838/EEC (5) recognizes certain parts of the territory of the Federal Republic of Germany as being either officially swine-fever-free or swine-fever-free;
Whereas outbreaks of classical swine fever have been recorded in some of the parts of the territory of the Federal Republic of Germany referred to in Annexes I and II to Decision 82/838/EEC;
Whereas, by Decision 85/162/EEC of 6 February 1985 (6), the Commission has suspended for a period of 15 days the status of official freedom from swine fever or freedom from swine fever of affected parts of German territory;
Whereas, taking account of the epidemiological evolution of the disease, the Commission, by Decision 85/182/EEC of 21 February 1985 (7), temporarily prolonged this period of suspension for certain regions beyond the 15 days provided for initially;
Whereas, since that time, study of the epidemiological situation leads to the conclusion that the disease has persisted in certain districts and it is necessary to withdraw the status of officially swine-fever-free from these districts;
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 status of those parts of the territory of the Federal Republic of Germany as areas recognized to be officially swine-fever-free within the meaning of Article 4c (1) (c) of Directive 64/432/EEC is withdrawn for the region listed in the Annex hereto.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 20 March 1985.
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<{COM}>COMMISSION DECISION of 18 December 1991 on the establishment of the Community support framework for Community structural assistance in the areas eligible under Objective 2 in the region of Lazio (Italy) (Only the Italian text is authentic)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2052/88 of 24 June 1988 on the tasks of the Structural Funds and their effectiveness and on coordination of their activities between themselves and with the operations of the European Investment Bank and the other existing financial instruments (1), and in particular Article 9 (9) thereof,
Whereas, in accordance with Article 9 (9) of Regulation (EEC) No 2052/88, the Commission, on the basis of the regional and social conversion plans submitted by the Member States, shall establish, through partnership and in agreement with the Member State concerned, the Community support frameworks for Community structural operations;
Whereas, in accordance with the second paragraph of that provision, the Community support framework shall cover in particular the priorities adopted, the forms of assistance and the indicative financing plan, with details of the amount of assistance and its source, and the duration of the assistance;
Whereas Title III of Council Regulation (EEC) No 4253/88 of 19 December 1988 laying down provisions for implementing Regulation (EEC) No 2052/88 as regards coordination of the activities of the different Structural Funds between themselves and with the operations of the European Investment Bank and the other existing financial instruments (2) sets out the conditions for the preparation and implementation of Community support frameworks;
Whereas by Decision 89/288/EEC (3) the Commission adopted an initial list of areas eligible under Objective 2;
Whereas on 30 April 1991 the Commission decided to retain that list for 1992 and 1993;
Whereas on 14 October 1991 the Italian Government submitted to the Commission the regional and social conversion plan referred to in Article 9 (8) of Regulation (EEC) No 2052/88 in respect of the areas eligible under Objective 2 in the region of Lazio for the period 1992 to 1993;
Whereas the plan submitted by the Member State includes a description of the priorities selected and an indication of the use to be made of assistance from the European Regional Development Fund (ERDF), the European Social Fund (ESF), the European Investment Bank (EIB) and the other financial instruments in implementing it;
Whereas, pursuant to Article 9 (9) of Regulation (EEC) No 2052/88, on 20 December 1989 the Commission adopted the Community support framework for the region of Lazio; whereas this Community support framework constitutes the second phase (1992 to 1993) of Community assistance to that region under Objective 2;
Whereas this Community support framework has been established in agreement with the Member State concerned through the partnership defined in Article 4 of Regulation (EEC) No 2052/88;
Whereas the EIB has also been involved in the preparation of the Community support framework in accordance with Article 8 of Regulation (EEC) No 4253/88; whereas it has declared its readiness to help implement this framework on the basis of the estimated loan arrangements indicated in this Decision and in accordance with its Statute;
Whereas the Commission is prepared to examine the possibility of the other Community lending instruments contributing to the financing of this framework in accordance with the specific provisions governing them;
Whereas this Decision is consistent with the opinion of the Advisory Committee on the Development and Conversion of Regions and of the European Social Fund Committee;
Whereas, in accordance with Article 10 (2) of Regulation (EEC) No 4253/88, this Decision is to be sent as a Declaration of Intent to the Member State;
Whereas, in accordance with Article 20 (1) and (2) of Regulation (EEC) No 4253/88, the budgetary commitments relating to the contribution from the Structural Funds to the financing of the operations covered by this Community support framework will be made on the basis of subsequent Commission decisions approving the operations concerned,
HAD ADOPTED THIS DECISION:
Article 1
The Community support framework for Community structural assistance in the areas eligible under Objective 2 in the Lazio region of Italy, covering the period 1 January 1992 to 31 December 1993, is hereby approved.
The Commission declares that it intends to contribute to the implementation of this Community support framework in accordance with the detailed provisions thereof and in compliance with the rules and guidelines governing the Structural Funds and the other existing financial instruments.
Article 2
The Community support framework contains the following essential information:
(a) the priorities for joint action:
- development and strengthening of the fabric of small and medium-sized firms,
- structures to support economic activities,
- the environment and restoration of sites,
- technological innovation and vocational training;
(b) an outline of the forms of assistance to be provided;
(c) an indicative financing plan specifying, at constant 1992 prices, the total cost of and the Community contribution to all the assistance selected for joint action by the Community and the Member State. The Community contribution is broken down as follows:
ERDF ECU 6,7 million
ESF ECU 3,2 million
Total for Structural Funds ECU 9,9 million.
The resultant national financing required may be partially covered by Community loans from the European Investment Bank and the other lending instruments.
Article 3
This Declaration of Intent is addressed to the Italian Republic.
Done at Brussels, 18 December 1991.
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DIRECTIVE 94/18/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 30 May 1994 amending Directive 80/390/EEC coordinating the requirements for the drawing up, scrutiny and distribution of the listing particulars to be published for the admission of securities to official stock-exchange listing, with regard to the obligation to publish listing particulars
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 54 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the Economic and Social Committee (2),
Acting in accordance with the procedure laid down in Article 189b of the Treaty (3),
Whereas one of the main goals of the Directive in the field of securities listing is to create the conditions for greater interpenetration of securities markets in the Community by removing those obstacles that may prudently be removed;
Whereas cross-border listing within the Community is one of the available means of making such interpenetration a reality;
Whereas a major difficulty in seeking admission to listing in other Member States is the lengthy procedures, as well as the costs associated with the publication of listing particulars as required by Council Directive 80/390/EEC of 17 March 1980 coordinating the requirements for the drawing up, scrutiny and distribution of the listing particulars to be published for the admission of securities to official stock-exchange listing (4);
Whereas Council Directive 87/345/EEC of 22 June 1987 amending Directive 80/390/EEC coordinating the requirements for the drawing up, scrutiny and distribution of the listing particulars to be published for the admission of securities to official stock-exchange listing (5), which provides for the mutual recognition of listing particulars when admission is sought simultaneously in two or more Member States, was an important step in the simplification of cross-border listing procedures;
Whereas Council Directive 90/211/EEC of 23 April 1990 amending Directive 80/390/EEC in respect of the mutual recognition of public-offer prospectuses as stock-exchange listing particulars (6), which recognizes a public-offer prospectus as listing particulars when admission to official listing is requested within a short period of the public offer, was another important step in the same direction;
Whereas every new measure simplifying cross-border procedures even further may accelerate the interpenetration of securities markets in the Community;
Whereas Article 6 of Directive 80/390/EEC already defines a number of instances in which competent authorities may provide for partial or complete exemption from the obligation to publish listing particulars; whereas such partial or complete exemptions, which mainly concern cases in which securities of the same class are already listed on an official exchange in the same country and therefore have no application to most cross-border cases, are provided for on the assumption that investors in that country are already partially or fully protected because up-to-date, reliable information, partial or full, concerning the companies in question is already widely circulated and available;
Whereas the faculty provided for in this Directive is a useful measure in that it complies with the principle of the protection of investors while ensuring proper operation of the markets;
Whereas it seems appropriate to provide for the possibility for the Member State in which admission to official listing is sought in certain cases to grant partial or complete exemption from the obligation to publish listing particulars to issuers the securities of which have already been admitted to official stock-exchange listing in another Member State;
Whereas companies which have already been listed in the Community for some time and are of high quality and international standing are the most likely candidates for cross-border listing; whereas those companies are generally well known in most Member States; whereas information concerning them is widely circulated and available;
Whereas the aim of Directive 80/390/EEC is to ensure that sufficient information is provided for investors; whereas, therefore, when such a company seeks to have its securities admitted to listing in a host Member State, investors operating on the market in that country may be sufficiently protected by receiving only simplified information rather than full listing particulars;
Whereas Member States may find it useful to establish non-discriminatory minimum quantitative criteria, such as the current equity market capitalization, which issuers must fulfil to be eligible to benefit from the possibilities for exemption provided for in this Directive; whereas, given the increasing integration of securities markets, it should equally be open to the competent authorities to give smaller companies similar treatment;
Whereas, furthermore, many stock exchanges have second-tier markets in order to deal in shares of companies not admitted to official listing; whereas in some cases the second-tier markets are regulated and supervised by authorities recognized by public bodies that impose on companies disclosure requirements equivalent in substance to those imposed on officially listed companies; whereas, therefore, the principle underlying Article 6 of Directive 80/390/EEC could also be applied when such companies seek to have their securities admitted to official listing;
Whereas the measures contemplated represent true added value measured in terms of higher efficiency in the operation of Community securities markets, resulting from the adaptation of existing Community legislation to new market needs and realities; whereas those measures, by providing sufficient new ground for the exclusive responsibility of the competent authorities in each Member State, while still maintaining an adequate level of regulation at Community level, also represent for the time being the most appropriate answer to the new needs in the field of the admission of securities to official listing;
Whereas the system provided for in Council Directive 79/279/EEC of 5 March 1979 coordinating the conditions for the admission of securities to official stock-exchange listing (1), is not affected by the partial or complete exemption from the obligation to publish listing particulars contemplated in this Directive;
Whereas in order to protect investors the documents intended to be made available to the public must first be sent to the competent authorities in the Member State in which admission to official listing is sought; whereas it is for that Member State to decide whether those documents should be scrutinized by its competent authorities and to determine, if necessary, the nature and the manner in which that scrutiny should be carried out,
HAVE ADOPTED THIS DIRECTIVE:
Article 1
Directive 80/390/EEC is hereby amended as follows:
1. In Article 6, the following paragraphs shall be added:
'4. where (a) the securities or the shares of the issuer or certificates representing such shares have been officially listed in another Member State for not less than three years before the application for admission to official listing;
(b) to the satisfaction of the competent authorities of the Member State in which admission to official listing is sought, the competent authorities of the Member State or Member States in which the issuer's securities are officially listed have confirmed that during the preceding three years or during the entire time the issuer's securities have been listed, if that is less than three years, the issuer has complied with all the requirements concerning information and admission to listing imposed by Community Directives on companies the securities of which are officially listed;
(c) all the following are published in the manner stipulated in Articles 20 and 21 (1):
(i) a document containing the following information:
- a statement that application has been made for admission of the securities to official listing. In the case of shares, the statement shall also specify the number and class of the shares in question and give a concise description of the rights attaching thereto. In the case of certificates representing shares the statement shall also specify the rights attaching to the original securities and give information concerning the possibility of converting the certificates into original securities and the procedure for that conversion. In the case of debt securities the statement shall also specify the nominal amount of the loan (if that amount is not fixed, a statement to that effect shall be made) and the conditions and terms of the loan; except in the case of continuous issues, the issue and redemption prices and the nominal interest rate (if several interest rates are provided for, an indication of the conditions governing changes in the rate); in the case of convertible debt securities, exchangeable debt securities, debt securities with warrants or warrants the statement shall also specify the nature of the shares offered by way of conversion, exchange or subscription, the rights attaching thereto, the conditions of and procedures for conversion, exchange or subscription and details of the circumstances in which they may be amended,
- details of any significant change or development which has occurred since the date to which the documents referred to in (ii) and (iii) relate,
- information specific to the market in the country in which admission is sought concerning in particular the income tax system, the paying agent for the issuer and the ways in which notices to investors are published, and - a declaration by the persons responsible for the information given in accordance with the first three indents that such information is in accordance with the facts and includes no omissions likely to affect the import of the document;
(ii) the latest annual report, the latest audited annual accounts (where the issuer prepares both own and consolidated annual accounts both sets of accounts shall be supplied. The competent authorities may, however, allow the issuer to supply either his own or the consolidated accounts, on condition that the accounts which are not supplied do not provide any significant additional information) and the issuer's latest half-yearly statement for the year in question where it has already been published;
(iii) any listing particulars, prospectus or equivalent document published by the issuer in the 12 months preceding the application for admission to official listing; and (iv) the following information where it is not already given in the documents provided for in (i), (ii) and (iii):
- the composition of the company's administrative, management and supervisory bodies and the functions performed by individual members,
- general information about the capital,
- the current situation on the basis of the latest information communicated to the issuer under Council Directive 88/627/EEC of 12 December 1988 on the information to be published when a major holding in a listed company is acquired or disposed of (1), and - any reports concerning the last published annual accounts by the official auditors required by the national law of the Member State within the territory of which the issuer's registered office is situated;
(d) the notices, bills, posters and documents announcing the admission of the securities to official listing and indicating the essential characteristics of those securities and all other documents relating to their admission and intended for publication by the issuer or on his behalf state that the information referred to in (c) exists and indicate where it is being or will be published in the manner prescribed in Article 20; and (e) the information referred to in (c) and the notices, bills, posters and documents referred to in (d) have been sent to the competent authorities before being made available to the public;
OJ No L 348, 17. 12. 1988, p. 62.'5. where companies the shares in which have already been dealt in for at least the preceding two years on a second-tier market, regulated and supervised by authorities recognized by public bodies, seek to have their securities admitted to official listing in the same Member State and, in the opinion of the competent authorities, information equivalent in substance to that required by this Directive is available to investors before the date on which admission to official listing becomes effective.';
2. The following Article 6a shall be inserted:
'Article 6a The information referred to in Article 6 (4) (c) and (d) shall be published in the official language or one of the official languages of the Member State in which admission to official listing is sought or in another language, provided that in the Member State in question that other language is customary in the sphere of finance, accepted by the competent authorities and, where appropriate, such further conditions as they may impose are complied with'.
Article 2
1. Those Member States which intend to make use of the option provided for in this Directive shall bring into force the provisions necessary for them to comply with this Directive at any time after its publication. They shall forthwith inform the Commission thereof.
2. When the Member States adopt those measures they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.
3. The Member States shall communicate to the Commission the texts of the main laws, regulations and administrative provisions of national law which they adopt in the field covered by this Directive.
Article 3
This Directive is addressed to the Member States.
Done at Brussels, 30 May 1994.
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COMMISSION DECISION of 22 December 1994 on the adoption of the Community programme for structural assistance in the fisheries and aquaculture sector and the processing and marketing of its products in Denmark (Objective 5a regions - the period 1994 to 1999) (Only the Danish text is authentic) (94/928/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3699/93 of 21 December 1993 laying down the criteria and arrangements regarding Community structural assistance in the fisheries and aquaculture sector and the processing and marketing of its products (1), and in particular Article 4 (2) thereof,
Whereas Denmark submitted to the Commission on 30 March 1994 the single programming document referred to in Article 3 of Regulation (EC) No 3699/93;
Whereas the single programming document includes amongst others a description of the priorities selected and the applications for assistance from the financial instrument for fisheries guidance (FIFG), 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 Community programme concerning the fisheries and aquaculture sector and the processing and marketing of its products, hereinafter referred to as 'the sector';
Whereas for Denmark a single decision shall be taken on the Community programme for structural assistance in the sector;
Whereas, in accordance with Article 3 of Council Regulation (EEC) No 4253/88 of 19 December 1988 laying down provisions for implementing Regulation (EEC) No 2052/88 as regards coordination of activities of the different Structural Funds between themselves and with the operations of the European Investment Bank and the other existing financial instruments (2), as amended by Regulation (EEC) No 2082/93 (3), the Commission is responsible for ensuring, within the framework of the partnership, coordination and consistency between assistance from the funds and assistance provided by the EIB and the other financial instruments, including the assistance of the European Coal and Steel Community (ECSC) and the other actions for structural purposes;
Whereas the EIB has been involved in the drawing up of the Community programme 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 the EIB has declared itself prepared to contribute to the implementation of this document on the basis of the forecast loan packages shown in this Decision and in conformity with its statutory provisions;
Whereas the second paragraph of Article 2 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 (4), as last amended by Regulation (EC) No 2745/94 (5), 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 current 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 (6); as amended by Regulation (EEC) No 2081/93 (7); 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 2080/93 of 20 July 1993 laying down provisions for implementing Regulation (EEC) No 2052/88 as regards the financial instrument for fisheries guidance (8), defines the measures for which the FIFG may provide financial support; whereas the Regulation (EC) No 3699/93 defines the criteria and arrangements regarding Community structural assistance in the sector;
Whereas the Community programme 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 Community programme satisfies the conditions and includes the information required by Article 14 of Regulation (EEC) No 4253/88; whereas the aid application satisfies the conditions required by Article 33 (2) of Regulation (EEC) 4253/88;
Whereas Article 1 of the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities (9), as last amended by Regulation (ECSC, EEC, Euratom) No 2730/94 (10), 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 the due form when the aid is granted;
Whereas pursuant to Article 9 of Regulation (EEC) No 2080/93, aid applications presented before 1 January 1994 that have been examined and approved after this date shall be taken into account in the present Community programme;
Whereas all the other conditions laid down for the grant of aid from the FIFG have been complied with;
Whereas the measures contained in this Decision are consistent with the opinion of the Standing Management Committee of Fisheries Structures,
HAS ADOPTED THIS DECISION:
Article 1
The Community programme for structural assistance in the fisheries and aquaculture sector and the processing and marketing of its products in Denmark under Objective 5a, covering the period 1 January 1994 to 31 December 1999, is hereby approved.
Article 2
The Community programme includes the following essential information:
(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 Denmark;
the main priorities are:
- adjustment of fishing effort,
- renewal and modernization of the fishing fleet,
- aquaculture,
- enclosed seawater areas,
- fishing port facilities,
- product processing and marketing,
- product promotion,
- other measures (studies, technical assistance, etc.);
(b) the assistance from the FIFG as referred to in Articles 3 and 4;
(c) the detailed provisions for implementing the single programming document comprising:
- the procedures for monitoring and evaluation,
- the financial implementation provisions,
- the rules for compliance with community policies;
(d) the procedures for verifying additionality and an initial evaluation of the latter.
Article 3
The assistance from the FIFG granted to this Community programme amounts to a maximum of ECU 139,90 million at 1994 prices.
The expenditure actually incurred is eligible for assistance under FIFG from 1 January 1994.
The procedure for granting this financial assistance, including the financial contribution from the FIFG to the various priorities and measures which this present Community programme comprises, is set out in the financing plan.
The national financial contribution as indicated in the financing plan may be met in part by Community loans from the European Investment Bank and other types of loan.
Article 4
For the purpose of indexation, the annual breakdown of the maximum overall allocation provided as assistance from the FIFG is as follows:
"ECU million (1994 prices)
"" ID="1">1994> ID="2">23,31"> ID="1">1995> ID="2">23,28"> ID="1">1996> ID="2">23,28"> ID="1">1997> ID="2">23,35"> ID="1">1998> ID="2">23,34"> ID="1">1999> ID="2">23,34"> ID="1">Total > ID="2">139,90">
Article 5
The budgetary commitment for the first instalment under FIFG amounts to ECU 23,31 million.
This commitment includes all actions approved in 1994 under Council Regulations (EEC) No 4028/86 (11) and No 4042/89 (12).
Commitment of subsequent instalments will be based on the financing plan for the single programming document and progress in its implementation.
Article 6
The procedure for the grant of the assistance may be amended subsequently, subject to the availability of funds and the budgetary rules, in the light of adjustments decided on in accordance with the procedure laid down in Article 25 (5) of Regulation (EEC) No 4253/88.
Article 7
The Community aid concerns expenditure on actions under the present Community programme which, in the Member State concerned, is the subject of legally binding commitments and for which the requisite finance has been specifically allocated not later than 31 December 1999. The final date for taking account of expenditure on these measures is 31 December 2001.
Article 8
The single programming document shall be implemented in accordance with Community law, and in particular Articles 6, 30, 48, 52 and 59 of the Treaty and the Community Directives on the coordination of procedures for the award of contracts.
Article 9
This Decision is addresses to the Kingdom of Denmark.
Done at Brussels, 22 December 1994.
|
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Commission Regulation (EC) No 2110/2003
of 1 December 2003
amending Regulation (EC) No 1510/2003 as regards the quantity covered by the standing invitation to tender for the resale on the internal market of rye held by the German intervention agency
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals(1), and in particular Article 5 thereof,
Whereas:
(1) Commission Regulation (EC) No 1510/2003(2) opened a standing invitation to tender for the resale on the internal market of 1200000 tonnes of rye held by the German intervention agency.
(2) In the present situation on the market the quantities of rye held by the German intervention agency put up for sale on the internal market of the Community should be increased to 2000000 tonnes.
(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
Regulation (EC) No 1510/2003 is amended as follows:
1. in Article 1(1), "1200000 tonnes" is replaced by "2000000 tonnes";
2. Annex I is replaced by the text in the Annex to this Regulation;
3. in the title of Annex II, "1200000 tonnes" is replaced by "2000000 tonnes".
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 1 December 2003.
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*****
COUNCIL REGULATION (EEC) No 726/90
of 22 March 1990
opening and providing for the administration of a Community tariff quota for apricot pulp originating in Turkey (1990/91)
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 Annex to Council Regulation (EEC) No 4115/86 of 22 December 1986 on import into the Community of agricultural products in Turkey (1), provides for the opening by the Community of an annual Community tariff quota of 90 tonnes at zero duty for apricot pulp originating in Turkey; whereas such a quota has been opened for the period up to 30 June 1990 by Regulation (EEC) No 1711/89 (2); whereas the tariff quota in question should therefore be opened for the abovementioned volume for the period 1 July 1990 to 30 June 1991;
Whereas the Council has adopted Regulation (EEC) No 1059/88 of 28 March 1988 laying down the arrangements applicable to Greece's trade with Turkey (3); whereas the Council has also adopted Regulation (EEC) No 2573/87 of 11 August 1987 laying down the arrangements for trade between Spain and Portugal on the one hand and Algeria, Egypt, Jordan, Lebanon, Tunisia and Turkey on the other (4), as last amended by Regulation (EEC) No 4162/87 (5);
Whereas equal and continuous access to the quota should be ensured for all Community importers and the rates laid down for the quota should be applied consistently to all imports of the product in question into all the Member States until the quota is exhausted; whereas it is appropriate to take the necessary measures to ensure efficient Community administration of this tariff quota while offering the Member States the opportunity to draw fromn the quota volume the necessary quantities corresponding to actual imports; whereas this method of administration requires close cooperation between the Member States and the Commission, and the latter must in particular monitor the rate at which the quota volume is used up and keep the Member States informed;
Whereas, since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united within and jointly represented by the Benelux Economic Union, any operation concerning the administration of the quota may be carried out by any one of its members,
HAS ADOPTED THIS REGULATION:
Article 1
1. From 1 July 1990 to 30 June 1991 the customs duty applicable to the following product, originating in Turkey, shall be suspended in the Community at the level and within the limit of the Commission tariff quota as shown herewith:
1.2.3.4.5 // // // // // // Order No // CN code (1) // Description // Amount of quota (in tonnes) // Quota duty (%) // // // // // // // // // // // 09.0203 // ex 2008 50 91 // Apricot pulp neither containing added spirit nor added sugar in immediate packings of a net content of 4,5 kg or more // 90 // 0 // // // // //
(1) Taric code 2008 50 91*20
2. Within the framework of this tariff quota, the Kingdom of Spain and the Portuguese Republic shall apply a customs duty calculated in accordance with the relevant provisions of the Act of Accession and Regulation (EEC) No 2573/87.
Article 2
The tariff quota referred to in Article 1 shall be administered by the Commission, which may take any appropriate measure with a view to ensuring the efficient administration thereof.
Article 3
If an importer presents, in a Member State, a declaration of entry into free circulation including a request for preferential benefit for a product covered by this Regulation, and if this declaration is accepted by the customs authorities, the Member State concerned shall draw, from the tariff quota, by means of notification to the Commission, a quantity corresponding to these needs.
The requests for drawing, with the indication of the date of acceptance of the said declaration, must be communicated to the Commission without delay.
The drawings are granted by the Commission on the basis of the date of acceptance of the declaration of entry into free circulation by the customs authorities of the Member State concerned, to the extent that the available balance so permits.
If a Member State does not use the quantities drawn, it shall return them as soon as possible to the tariff quota.
If the quantities requested are greater than the available balance of the tariff quota, allocation shall be made on a pro rata basis with respect to the requests. Member States shall be informed by the Commission of the drawings made.
Article 4
Each Member State shall ensure that importers of the product concerned have equal and continuous access to the quota for such time as the residual balance of the quota volume 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 1990.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 March 1990.
|
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COUNCIL DECISION
of 12 July 2005
amending Decision 1999/70/EC concerning the external auditors of the national central banks as regards the external auditor of De Nederlandsche Bank
(2005/512/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Protocol on the Statute of the European System of Central Banks and of the European Central Bank, annexed to the Treaty establishing the European Community, and in particular to Article 27.1 thereof,
Having regard to Recommendation ECB/2005/9 of the European Central Bank of 20 May 2005 to the Council of the European Union on the external auditor of De Nederlandsche Bank (1),
Whereas:
(1)
The accounts of the European Central Bank (ECB) and of the national central banks of the Eurosystem are to be audited by independent external auditors recommended by the Governing Council of the ECB and approved by the Council of the European Union.
(2)
The mandate of the current external auditors of De Nederlandsche Bank (hereinafter DNB) has expired and will not be renewed. It is therefore necessary to appoint an external auditor from the financial year 2005.
(3)
DNB has selected Josephus Andreas Nijhuis, Registered Accountant and chairman of the board of PricewaterhouseCoopers BV, acting in his personal capacity, as its new external auditor, and the ECB considers that the selected auditor fulfils the necessary requirements for appointment.
(4)
The Governing Council of the ECB recommended that the mandate of the external auditor should be for an indeterminate period, subject to his being reconfirmed each year.
(5)
It is appropriate to follow the recommendation of the Governing Council of the ECB and to amend Decision 1999/70/EC (2) accordingly,
HAS DECIDED AS FOLLOWS:
Article 1
Article 1(8) of Decision 1999/70/EC shall be replaced by the following:
‘8. Josephus Andreas Nijhuis, Registered Accountant and chairman of the board of PricewaterhouseCoopers BV, acting in his personal capacity, is hereby approved as the external auditor of De Nederlandsche Bank from the financial year 2005 for an indeterminate period, this period being subject to confirmation each year.’
Article 2
This Decision shall be notified to the European Central Bank.
Article 3
This Decision shall be published in the Official Journal of the European Union.
Done at Brussels, 12 July 2005.
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COMMISSION REGULATION (EC) No 1302/96 of 5 July 1996 amending Regulation (EEC) No 641/92 on rules of application of Council Regulation (EEC) No 478/92 for annual Community tariff quotas of dog or cat food and fish food, originating in, and coming from the Faroe Islands
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 478/92 of 25 February 1992 opening an annual Community tariff quota for dog or cat food, put up for retail sale and falling within CN code 2309 10 11 and an annual Community tariff quota for fish food falling within CN code ex 2309 90 41, originating in the Faroe Islands (1), and in particular Article 2 thereof,
Whereas Council Regulation (EC) No 3093/95 of 22 December 1995 laying down the rates of duty to be applied by the Community resulting from negotiations under GATT Article XXIV.6 consequent upon the accession of Austria, Finland and Sweden to the European Union (2), reduces to zero the rate of duty laid down in the Common Customs Tariff for the products falling within CN code 2309 10 11 from 1 January 1996; whereas, consequently, it is not necessary to maintain the tariff quota for the said products originating in the Faroe Islands; whereas, as a result, for the sake of clarity, that quota should be abolished;
Whereas Commission Regulation (EEC) No 641/92 (3), as amended by Regulation (EC) No 1646/95 (4), in order to bring it into line with the rules on the application of the agreements concluded under the Uruguay Round of multilateral negotiations;
Whereas, however, Regulation (EC) No 1646/95 expires on 30 June 1996; whereas, as a result, Regulation (EEC) No 641/92 should be amended permanently for the period of application of the GATT agreements;
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
Regulation (EEC) No 641/92 is amended as follows:
1. Article 1 is replaced by the following:
'Article 1
The provisions of this Regulation shall apply to imports under the arrangements laid down in Article 1 of Regulation (EEC) No 478/92 of products falling within CN code ex 2309 90 41, originating in, and coming from the Faroe Islands.`;
2. Article 3 (1) is replaced by the following:
'1. Applications for licences to import against the quantity set by Regulation (EEC) No 478/92, in the case of products falling within CN code ex 2309 90 41, shall be lodged with the competent authority of any Member State on the first working day of each week, before 1 p.m., Belgian time. They shall be for a quantity of not less than five tonnes of product and not more than 1 000 tonnes.`;
3. Article 4 is replaced by the following:
'Article 4
For products to be imported subject to zero duty, as laid down in Article 1 of Regulation (EEC) No 478/92, the import licence application and the licence itself shall show:
(a) in section 8, the name of the country of origin of the product. The licence shall impose an obligation to import from that country;
(b) in section 24, one of the following indications:
- Exención del derecho de importación [artículo 4 del Reglamento (CEE) n° 641/92]
- Fritagelse for importtold (artikel 4 i forordning (EØF) nr. 641/92)
- Zollfrei (Artikel 4 der Verordnung (EWG) Nr. 641/92)
- ÄáóìïëïãéêÞ áðáëëáãÞ êáôÜ ôçí åéóáãùãÞ [Üñèñï 4 ôïõ êáíïíéóìïý (ÅÏÊ) áñéè. 641/92]
- Zero import duty [Article 4 of Regulation (EEC) No 641/92]
- Exemption de droit à l'importation [Article 4 du règlement (CEE) n° 641/92]
- Esenzione dal dazio doganale all'importazione [articolo 4 del regolamento (CEE) n. 641/92]
- Vrijstelling van invoerrecht (artikel 4 van Verordening (EEG) nr. 641/92)
- Isenção do direito de importação [artigo 4º do Regulamento (CEE) nº 641/92]
- Vapautus tuontitullista [asetuksen (ETY) N:o 641/92 4 artikla]
- Undantag från importtull (artikel 4 i förordning (EEG) nr 641/92).`
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It shall apply from 1 July 1996.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 5 July 1996.
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COUNCIL REGULATION (EEC) No 594/78 of 20 March 1978 amending Regulation (EEC) No 1418/76 on the common organization of the market in rice with respect to the French overseas department of Reunion
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 and 227 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Whereas pursuant to the first subparagraph of Article 227 (2) of the Treaty, the common organization of the market in rice applies to the French overseas departments ; whereas import levies are considered as own resources of the Community;
Whereas no rice is cultivated in the overseas department of Reunion ; whereas this department is therefore completely dependent on imports;
Whereas rice constitutes the basic foodstuff of the least favoured categories of the population of Reunion ; whereas per capita consumption considerably exceeds that of the Community ; whereas the supply situation should be improved by the introduction of special arrangements for rice for local consumption;
Whereas import levies should therefore no longer be applied in the overseas department of Reunion;
Whereas the threshold price for milled rice includes a component for the protection of the industry which is currently fixed at 11 750 units of account per tonne ; whereas, in order to continue to protect the industry established in Reunion, a levy equal to the amount of this protection component should be maintained;
Whereas rice imported into Reunion comes not only from third countries but also from Member States ; whereas, in the interests of equal treatment and Community preference, rice from the Member States should enjoy an advantage corresponding to that accorded to rice from third countries ; whereas this must imply a subsidy equal to the amount of the levy;
Whereas the expenditure incurred by the Member States as a result of their obligations under Council Regulation (EEC) No 1418/76 of 21 June 1976 on the common organization of the market in rice (2), as amended by Regulation (EEC) No 1158/77 (3), are financed by the Guarantee Section of the European Agricultural Guidance and Guarantee Fund pursuant to Articles 2 and 3 of Council Regulation (EEC) No 729/70 of 21 April 1970 on the financing of the common agricultural policy (4), as last amended by Regulation (EEC) No 2788/72 (5) ; whereas provision should therefore be made for the Community to finance the subsidy for rice from the Member States,
HAS ADOPTED THIS REGULATION:
Article 1
The following Article shall be added to Regulation (EEC) No 1418/76:
"Article 11a 1. This Article shall apply to products intended for consumption in the French overseas department of Reunion.
2. By way of derogation from Article 11 (1) (a), (b), (c), (d) and (i), no levy shall be charged on imports of products falling within subheadings 10.06 A and C in the French overseas department of Reunion.
3. By way of derogation from Article 11 (1) (e), (f), (g) and (h), the levy to be charged on imports of products falling within subheading 10.06 B in the French overseas department of Reunion shall be equal to the amount for the protection of the industry referred to in Article 14 (3).
4. For deliveries to the French overseas department of Reunion of products falling within heading No 10.06 from the Member States and covered by one of the situations referred to in Article 9 (2) of the Treaty, a subsidy shall be granted, on application, which is equal to the levy applicable to the product concerned. However, for products falling within subheading 10.06 B, this subsidy shall be reduced by the amount for the protection of the industry referred to in paragraph 3. (1)Opinion delivered on 17 March 1978 (not yet published in the Official Journal). (2)OJ No L 166, 25.6.1976, p. 1. (3)OJ No L 136, 2.6.1977, p. 13. (4)OJ No L 94, 28.4.1970, p. 13. (5)OJ No L 295, 30.12.1972, p. 1.
5. The Regulations relating to the financing of the common agricultural policy shall apply to the subsidy referred to in paragraph 4.
6. The detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 27."
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 March 1978.
|
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COMMISSION REGULATION (EC) No 1849/2004
of 21 October 2004
concerning the classification of certain goods in the Combined Nomenclature
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(a) thereof,
Whereas:
(1)
In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation.
(2)
Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules also apply to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific Community provisions, with a view to the application of tariff and other measures relating to trade in goods.
(3)
Pursuant to the said general rules, the goods described in column 1 of the table set out in the Annex to this Regulation should be classified under the CN code indicated in column 2, by virtue of the reasons set out in column 3.
(4)
It is appropriate to provide that binding tariff information issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature and which is not in accordance with this Regulation, can, for a period of three months, continue to be invoked by the holder, under Article 12(6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (2).
(5)
The Customs Code Committee has not issued an opinion within the time limit set by its Chairman,
HAS ADOPTED THIS REGULATION:
Article 1
The goods described in column 1 of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column 2 of that table.
Article 2
Binding tariff information issued by the customs authorities of Member States which is not in accordance with this Regulation can continue to be invoked for a period of three months under Article 12(6) of Regulation (EEC) No 2913/92.
Article 3
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 October 2004.
|
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COMMISSION DECISION of 16 December 1993 concerning the granting of assistance from the cohesion financial instrument for a set of stages of the sewage disposal project for Greater Oporto (Leça subsystem) in Portugal No CF: 93/10/61/022-023 (Only the Portuguese text is authentic) (94/410/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 792/93 of 30 March 1993 establishing a cohesion financial instrument (1), and in particular Article 8 (6) thereof,
Whereas Article 1 of Regulation (EEC) No 792/93 establishes a cohesion financial instrument to provide Community support for projects in the fields of the environment and trans-European transport infrastructure networks;
Whereas pursuant to Article 9 of Regulation (EEC) No 792/93 certain provisions of Titles VI and VII of Council Regulation (EEC) No 4253/88 of 19 December 1988 concerning the provisions for implementing Regulation (EEC) No 2052/88 as regards coordination of the activities of the different Structural Funds between themselves and with the operations of the European Investment Bank and the other existing financial instruments (2), as amended by Regulation (EEC) No 2082/93 (3), are to apply, mutatis mutandis;
Whereas Article 2 of Regulation (EEC) No 792/93 defines the types of measure for which the cohesion financial instrument may provide assistance;
Whereas Article 10 of Regulation (EEC) No 792/93 requires the Member States to ensure that adequate publicity is given to the operations of the financial instrument and that the measures which are described in Annex V to this Decision are undertaken;
Whereas on 30 June 1993 Portugal submitted an application for assistance from the cohesion financial instrument for the sewage disposal project for Greater Oporto (Leça subsystem);
Whereas that application concerns a project which is eligible under the terms of Article 2 of Regulation (EEC) No 792/93;
Whereas the application for assistance contains all the information required by Article 8 (4) of the Regulation and satisfies the criteria set out in Article 8 (5) of the Regulation;
Whereas the project is the result of measures taken in accordance with Article 130 s of the Treaty;
Whereas, pursuant to Article 9 (1) of Regulation (EEC) No 792/93, technically and financially discrete stages of the project have been identified for the purpose of granting assistance from the financial instrument;
Whereas Article 1 of the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities (4), as last amended by Council Regulation (Euratom, ECSC, EEC) No 610/90 (5), states that the legal commitments entered into for measures extending over more than one financial year shall contain a time limit for implementation which must be specified to the recipient in due form when the aid is granted;
Whereas pursuant to Article 9 of Regulation EEC No 792/93, the Commission and the Member State will ensure that there is evaluation and systematic monitoring of the project;
Whereas the financial implementation provisions, monitoring and assessment are specified in Annexes III and IV to this Decision; whereas failure to comply with those provisions may result in suspension or reduction of the assistance granted pursuant to
Article 9
(3) of that Regulation No 792/93 and provision foreseen in Annex VI;
Whereas all the other conditions laid down, have been complied with,
HAS ADOPTED THIS DECISION:
Article 1
1. The set of stages of the sewage disposal project for Greater Oporto (Leça subsystem) situated in Portugal as described in Annex I hereto is hereby approved for the period from 1 January 1993 to December 1994.
2. References to 'project' in the following Articles and Annexes shall be understood to mean also 'stage of project'.
Article 2
1. The maximum eligible expenditure to be taken as the basis for this Decision shall be ECU 14 370 000.
2. The rate of Community assistance granted to the project shall be fixed at 85 %.
3. The maximum amount of the contribution from the cohesion financial instrument shall be fixed at ECU 12 214 500.
4. The contribution is committed from the 1993 budget.
Article 3
1. Community assistance shall be based on the financial plan for the project set out in Annex II.
2. Commitments and payments of Community assistance granted to the project shall be made in accordance with Article 9 of Regulation (EEC) No 792/93 and as specified in Annex III.
3. The amount of the first advance payment shall be fixed at ECU 2 659 366.
Article 4
1. Community assistance shall cover expenditure on the project for which legally binding arrangements have been made in Portugal and for which the requisite finance has been specifically allocated to works to be completed not later than 31 December 1994.
2. Expenditure incurred before 1 January 1993 shall not be eligible for assistance.
3. The closing date for the completion of national payments on the project is fixed not later than 12 months after the date mentioned in subparagraph 1.
Article 5
1. The project shall be carried out in accordance with Community policies, and in particular with Articles 7, 30, 52 and 59 of the Treaty, as well as with Community law, in particular with the Directives coordinating public procurement procedures.
2. This Decision shall not prejudice the right of the Commission to commence infringement proceedings pursuant to Article 169 of the Treaty.
Article 6
Systematic monitoring and assessment of the project take place in accordance with the provisions set out in Annex IV hereto.
Article 7
The Member State concerned shall ensure adequate publicity for the project as specified in Annex V.
Article 8
Each Annex to this Decision shall form an integral part of it.
Article 9
Failure to comply with the provisions of this Decision or its Annexes may entail a reduction or suspension of assistance in accordance with the provisions set out in Annex VI.
Article 10
This Decision is addressed to Portugal.
Done at Brussels, 16 December 1993.
|
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COMMISSION REGULATION (EC) No 25/2005
of 7 January 2005
amending Council Regulation (EC) No 32/2000 in order to extend the Community tariff quotas for jute and coconut-fibre products
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 32/2000 of 17 December 1999 opening and providing for the administration of Community tariff quotas bound in GATT and certain other Community tariff quotas and establishing detailed rules for adjusting the quotas, and repealing Council Regulation (EC) No 1808/95 (1), and in particular the second indent of Article 9(1)(b) thereof,
Whereas:
(1)
In accordance with the offer it made within the United Nations Conference on Trade and Development (Unctad) and alongside its scheme of generalised preferences (GSP), the Community introduced tariff preferences in 1971 for jute and coconut-fibre products originating in certain developing countries; these preferences took the form of a gradual reduction of Common Customs Tariff duties and, from 1978 to 31 December 1994, the complete suspension of these duties.
(2)
Since the entry into force of the new GSP scheme on 1 January 1995, the Community has, alongside the GATT, opened autonomous zero-duty Community tariff quotas for specific quantities of jute and coconut-fibre products until 31 December 2004 by Commission Regulation (EC) No 2511/2001 (2) amending Council Regulation (EC) No 32/2000.
(3)
As the scheme of generalised preferences has been extended until 31 December 2005 by Council Regulation (EC) No 2211/2003 (3), the tariff quota arrangement for jute and coconut-fibre products should also be extended until 31 December 2005.
(4)
The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,
HAS ADOPTED THIS REGULATION:
Article 1
The phrase, for serial numbers 09.0107, 09.0109 and 09.0111, in the fifth column (Quota period) of Annex III to Regulation (EC) No 32/2000, ‘from 1.1.2003 to 31.12.2003 and from 1.1.2004 to 31.12.2004’ shall be replaced by the phrase ‘from 1.1.2005 to 31.12.2005’.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 January 2005.
|
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*****
COUNCIL REGULATION (EEC) No 2962/88
of 26 September 1988
temporarily suspending the autonomous Common Customs Tariff duty on crude proteinaceous material extracts falling within CN code ex 3504 00 00
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to Treaty establishing the European Economic Community, and in particular Article 28 thereof,
Having regard to the proposal from the Commission,
Whereas production of the product referred to in the Annex is at present inadequate or non-existent within the Community and producers are thus unable to meet the needs of user industries in the Community;
Whereas it is in the Community's interest to suspend the autonomous Common Customs Tariff duty for the product in question only partially;
Whereas, taking account of the difficulties encountered in accurately assessing the development of the economic situation in the sector concerned in the near future, this suspension should be taken only temporarily, by fixing the period of validity by reference to the interests of Comunity production,
HAS ADOPTED THIS REGULATION:
Article 1
The autonomous Common Customs Tariff duty for the product appearing in the Annex shall be suspended at the level shown therein.
This suspension shall apply form 1 October to 31 December 1988.
Article 2
This Regulation shall enter into force on 1 October 1988.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 September 1988.
|
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Commission Regulation (EC) No 678/2002
of 19 April 2002
fixing export refunds on fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organisation of the market in fruit and vegetables(1), as last amended by Commission Regulation (EC) No 545/2002(2), and in particular Article 35(3) thereof,
Whereas:
(1) Commission Regulation (EC) No 1961/2001(3) lays down detailed rules on export refunds on fruit and vegetables.
(2) Article 35(1) of Regulation (EC) No 2200/96, provides that, to the extent necessary for economically significant quantities of the products listed in that Article to be exported, the difference between the international market prices for those products and their prices in the Community may be covered by export refunds.
(3) Article 35(4) of Regulation (EC) No 2200/96 provides that refunds must be fixed in the light of the existing situation or the outlook for fruit and vegetable prices on the Community market and supplies available on the one hand, and prices on the international market on the other hand. Account must also be taken of the costs referred to in Article 35(4)(b) of that Regulation and of the economic aspect of the exports planned.
(4) Pursuant to Article 35(1) of Regulation (EC) No 2200/96, refunds are to be set with due regard to the limits resulting from agreements concluded in accordance with Article 300 of the Treaty.
(5) In accordance with Article 35(5) of Regulation (EC) No 2200/96, prices on the Community market are to be established in the light of the most favourable prices from the export standpoint. International trade prices are to be established in the light of the prices referred to in the second subparagraph of that paragraph.
(6) The international trade situation or the special requirements of certain markets may call for the refund on a given product to vary according to its destination.
(7) Tomatoes, lemons, oranges and apples of classes Extra, I and II of the common trading standards can currently be exported in economically significant quantities.
(8) The application of the abovementioned rules to the present and forecast market situation, and in particular to fruit and vegetable prices in the Community and international trade, gives the refund rates set out in the Annex hereto.
(9) Pursuant to Article 35(2) of Regulation (EC) No 2200/96, the resources available should be used as efficiently as possible while avoiding discrimination between traders. Therefore, care should be taken not to disturb the trade flows previously induced by the refund arrangements. For those reasons and because of the seasonal nature of exports of fruit and vegetables, quotas should be fixed for each product.
(10) Commission Regulation (EEC) No 3846/87(4), as last amended by Regulation (EC) No 488/2002(5), establishes an agricultural product nomenclature for export refunds.
(11) Commission Regulation (EEC) No 1291/2000(6), lays down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products.
(12) Owing to the market situation, in order to make the most efficient use of the resources available and given the structure of Community exports, the most appropriate method should be selected for export refunds on certain products and certain destinations and consequently refunds under the A 1, A 2 and A 3 licence arrangements referred to in Article 1 of Regulation (EC) No 1961/2001 should not be fixed simultaneously for the export period in question.
(13) The quantities laid down for the various products should be distributed in accordance with the different systems for the grant of the refund, taking account in particular of their perishability.
(14) The Management Committee for fresh Fruit and Vegetables has not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
1. The export refunds on fruit and vegetables shall be as set out in the Annex hereto.
2. Quantities covered by licences issued for food aid as referred to in Article 16 of Regulation (EC) No 1291/2000 shall not count against the eligible quantities covered by the Annex.
3. Without prejudice to the application of Article 5(6) of Regulation (EC) No 1961/2001, the term of validity of A 2 and A 3 licences shall be two months.
Article 2
This Regulation shall enter into force on 8 May 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 April 2002.
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COMMISSION REGULATION (EEC) No 540/92
of 3 March 1992
modifying Commission Regulation (EEC) No 650/91 on applications for assistance in the form of operational programmes from the Guidance Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) in respect of investments for improving the processing and marketing conditions for fishery and aquaculture products
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 4042/89 of 19 December 1989 on the improvement of the conditions under which fishery and aquaculture products are processed and marketed (1), and in particular Article 8 (3) thereof,
Whereas after consultation with the Standing Committee for the Fishing Industry,
Whereas Council Directive 91/492/EEC of 15 July 1991 laying down the health conditions for the production and placing on the market of live bivalve molluscs (2) and Council Directive 91/493/EEC of 22 July 1991 laying down the health conditions for the production and the placing on the market of fishery products (3), establish a harmonization of requirements for health conditions in respect to production, marketing and processing of the said products;
Whereas in the case where financial assistance is requested from the Community, only requests in respect of projects complying with the requirements of these Directives can be accepted;
Whereas only establishments, auction and wholesale markets, dispatch and purification centres which conform to the requirements of the said directives can carry out their activity;
Whereas the Member States can consent to establishments, auction and wholesale markets, dispatch and purification centres already operating at 31 December 1991, an additional time limit in order to meet the requirements of the Directives;
Whereas the investments included in the operational programmes submitted for Community financial assistance must be selected by the competent authority in the Member State;
Whereas Commission Regulation (EEC) No 650/91 (4) provides the information and documentation which must be included in the request for assistance in the form of an operational programme,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 650/91 is modified as follows:
the following point is added to Annex IV
‘6.
To check that the investments will comply with the requirements of Council Directives on health conditions.
For establishments, auction and wholesale markets, dispatch and purification centres, not benefiting from the additional time limit in order to meet requirements, a certificate must accompany the request for assistance for each investment; this certificate must confirm that the facility in which the investment is to be made conforms to the Directives.
For establishments, auction and wholesale markets, dispatch and purification centres, arranging an additional time limit in order to meet requirements in the Directives, the competent authority will make sure that on the date of the finishing of the work, the facilities are in accordance with the Directives.’
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 March 1992.
|
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Commission Decision
of 14 November 2003
conferring management of aid on implementing agencies for preaccession measures in agriculture and rural development in the Republic of Poland in the preaccession period
(2003/802/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1266/1999 of 21 June 1999 on coordinating aid to the applicant countries in the framework of the preaccession strategy and amending Regulation (EEC) No 3906/89(1), and in particular Article 12(2) thereof,
Having regard to the Council Regulation (EC) No 1268/1999 of 21 June 1999 on Community support for preaccession measures for agriculture and rural development in the applicant countries of central and eastern Europe in the preaccession period(2), as last amended by Regulation (EC) No 696/2003(3), and in particular Article 4(5) and (6) thereof,
Whereas:
(1) The special accession programme for agriculture and rural development for the Republic of Poland (hereinafter "Sapard") was approved by Commission Decision of 18 October 2000(4), and as last amended by Commission Decision of 1 August 2003 in accordance with Article 4(5) of Regulation (EC) No 1268/1999.
(2) The government of Poland and the Commission, acting on behalf of the European Community, signed on 25 January 2001 the Multiannual Financing Agreement laying down the technical, legal and administrative framework for the execution of the Sapard programme, as last amended by the Annual Financing Agreement for 2003, signed on 4 June 2003 which finally entered into force on 10 June 2003.
(3) A Sapard agency has been appointed by the competent authority of the Republic of Poland for the implementation of some of the measures defined in the Sapard. The Ministry of Finance, National Fund, has been appointed for the financial functions it is due to perform in the framework of the implementation of the Sapard.
(4) On the basis of a case-by-case analysis of the national and sectorial programme/project management capacity, financial control procedures and structures regarding public finance, as provided for in Article 12(2) of Regulation (EC) No 1266/1999, the Commission adopted Decision 2002/539/EC of 2 July 2002 conferring management of aid on implementing agencies for preaccession measures in agriculture and rural development in the Republic of Poland in the preaccession period(5) with regard to certain measures provided for in the Sapard.
(5) The Commission has since undertaken a further analysis under Article 12(2) of Regulation (EC) No 1266/1999 in respect of Measure 4 "Diversification of economic activities in rural areas" (hereinafter "Measure 4") as provided for in the Sapard. The Commission considers that, also with regard to that measure, the Republic of Poland complies with the provisions of Articles 4 to 6 and of the Annex to Commission Regulation (EC) No 2222/2000 of 7 June 2000 laying down financial rules for the application of Council Regulation (EC) No 1268/1999 on Community support for preaccession measures for agriculture and rural development in the applicant countries of central and eastern Europe in the preaccession period(6), as last amended by Regulation (EC) No 188/2003(7), and with the minimum conditions set out in the Annex to Regulation (EC) No 1266/1999.
(6) It is therefore appropriate to waive the ex ante approval requirement provided for in Article 12(1) of Regulation (EC) No 1266/1999 and to confer, with regard to Measure 4, on the Agency for Restructuring and Modernisation of Agriculture, and on the National Fund in the Republic of Poland, the management of aid on a decentralised basis.
(7) Since the verifications carried out by the Commission for Measure 4 are based on a system that is not yet fully operating with regard to all relevant elements, however, it is appropriate to confer the management of the Sapard on the Agency for Restructuring and Modernisation of Agriculture, and on the National Fund, according to Article 3(2) of Regulation (EC) No 2222/2000, on a provisional basis.
(8) Full conferral of management of the Sapard is only envisaged after further verifications to ensure that the system operates satisfactorily have been carried out and after any recommendations which the Commission may issue with regard to the conferral of management of aid on the Agency for Restructuring and Modernisation of Agriculture, and on the National Fund, have been implemented.
(9) On 27 October 2003 the Polish Authorities proposed the rules for eligibility of expenditure in accordance with Article 4(1) of Section B of the Multiannual Financing Agreement. The Commission is called upon to take a decision in this respect,
HAS DECIDED AS FOLLOWS:
Article 1
The requirement of ex ante approval by the Commission of project selection and contracting for Measure 4 by the Republic of Poland provided for in Article 12(1) of Regulation (EC) No 1266/1999 is hereby waived.
Article 2
Management of the Sapard is conferred on a provisional basis on:
1. the Agency for Restructuring and Modernisation of Agriculture in its role as Sapard agency of the Republic of Poland, located at Al. Jana Pawa II nr 70, PL - 00 175 Warsaw, for the implementation of Measure 4 of the Sapard as defined in the programme for agricultural and rural development that was approved by the abovementioned Commission Decision; and
2. the National Fund within the Ministry of Finance of the Republic of Poland, located at ul. Swietokrzyska 12, PL - 00 916 Warsaw, for the financial functions it is due to perform in the framework of the implementation of the Sapard for Measure 4 for the Republic of Poland.
Article 3
Without prejudice to any decision granting aid under the Sapard to individual beneficiaries, the rules for eligibility of expenditures concerning Measure 4 as proposed by the Republic of Poland in the operational manual sent to the Commission on 27 October 2003 and registered in the Commission under number AGR A/36434 shall apply.
Done at Brussels, 14 November 2003.
|
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*****
COUNCIL REGULATION (EEC) No 1474/84
of 24 May 1984
amending Regulations (EEC) No 1569/72 and (EEC) No 2027/83 as regards the special measures for colza, rape and sunflower seed
THE COUNCIL OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common organization of the market in oils and fats (1), as last amended by Regulation (EEC) No 1101/84 (2), and in particular Article 36 thereof,
Having regard to the proposal from the Commission,
Whereas Regulation (EEC) No 1569/72 (3), as last amended by Regulation (EEC) No 2027/83 (4), provides for a system of differential amounts which takes account of the differences recorded between the representative rates for the currencies of the Member States and, depending on the circumstances, the central rates or the spot market rates for the same currencies; whereas, in order to alleviate the difficulties which arise as a result of the failure to take account of the forward exchange rates in cases where the aid or refund is fixed in advance, Regulation (EEC) No 2027/83 provides for the fixing on a trial basis, until 30 June 1984, of forward differential amounts where the difference between the forward exchange rate and the spot exchange rate exceeds a threshold to be determined;
Whereas the provisional measures have proved effective; whereas the system of forward differential amounts should therefore continue to apply;
Whereas, moreover, experience has shown the need for simpler administrative management; whereas, therefore, the aid and the differential amounts should be fixed together instead of separately and Regulation (EEC) No 1569/72 should be amended accordingly;
Whereas Regulation (EEC) No 974/71 (5), as last amended by Regulation (EEC) No 855/84 (6), introduced a coefficient to apply to the central rate used for calculating the monetary compensatory amounts; whereas it is necessary, for reasons of coherence, to apply the same rate for the base references used in the system of calculating differential amounts,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 1569/72 is hereby amended as follows:
1. Article 1 is replaced by the following:
'Article 1
For colza, rape and sunflower seed harvested in the Community and processed in accordance with Article 1 of Regulation (EEC) No 1594/83 (1) or exported with a refund, the aid and the refund shall be increased or reduced by differential amounts calculated in accordance with the following Articles.
(1) OJ No L 163, 22. 6. 1983, p. 44.'
2. Article 2 (1) is replaced by the following:
'1. The differential amounts shall be determined taking into account the incidence on the prices:
(a) in respect of those Member States whose currencies are maintained as between themselves within a spread at any given moment of 2,25 %, of the percentage difference between:
- the conversion rate used under the common agricultural policy, and
- the conversion rate resulting from the central rate;
(b) in respect of Member States other than those referred in in (a), of the average of the percentage differences between:
- the relationship between the conversion rate used under the common agricultural policy for the currency of the Member State concerned and the central rate of each of the currencies of the Member States referred to in (a), and
- the spot market rate for the currency of the Member State in question in relation to each of the currencies of the Member States referred to in (a), as recorded over a period to be determined.'
3. The following Article 2a is inserted:
'Article 2a
1. By way of derogation from Article 2 (1), the monetary disparity shall be calculated according to the system laid down in paragraph 2 during the period, for each of the products concerned, from the beginning of the 1984/85 marketing year to the end of the 1986/87 marketing year.
2. The differential amounts shall be determined taking into account the incidence on the prices:
(a) in respect of those Member States whose currencies are maintained as between themselves within a spread at any given moment of 2,25 %, of the percentage difference between:
- the conversion rate used under the common agricultural policy, and
- the conversion rate resulting from the central rate, multiplied by a coefficient;
(b) in respect of Member States other than those referred to in (a), of the average of the percentage differences between:
- the relationship between the conversion rate used under the common agricultural policy for the currency of the Member State concerned and the central rate of each of the currencies of the Member States referred to in (a), multiplied by a coefficient, and
- the spot market rate for the currency of the Member State in question in relation to each of the currencies of the Member States referred to in (a), as recorded over a period to be determined.
The amount of the coefficient referred to in (a) and (b) is hereby fixed for the start of the 1984/85 marketing year at 1,033651.
This coefficient shall be adjusted, each time there is a realignment under the European monetary system, on the basis of the revaluation of the central rate of that currency, among those maintaining as between themselves a maximum spread at any given moment of 2,25 %, revalued most against the ECU. The adjustment shall be made according to the procedure laid down in Article 38 of Regulation No 136/66/EEC.'
4. Articles 4 and 5 are deleted.
Article 2
The second and the third paragraphs of Article 2 of Regulation (EEC) No 2027/83 are deleted.
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 for the first time from 1 July 1984.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 May 1984.
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COMMISSION REGULATION (EC) No 1937/2005
of 25 November 2005
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables (1), and in particular Article 4(1) thereof,
Whereas:
(1)
Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.
(2)
In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 26 November 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 November 2005.
|
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COMMISSION REGULATION (EC) No 3363/93 of 8 December 1993 opening and providing for the administration of Community tariff quotas for certain agricultural products originating in the African, Caribbean and Pacific States
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 715/90 of 5 March 1990 on the arrangements applicable to agricultural products and certain goods resulting from the processing of agricultural products originating in the ACP States or in the overseas countries and territories (OCT) (1), extended by Regulation (EEC) No 444/92 (2), and in particular Article 27 thereof,
Whereas Article 16 of Regulation (EEC) No 715/90 provides for the opening by the Community of quotas for imports of the following:
- 2 000 tonnes of tomatoes, other than cherry tomatoes falling within CN code ex 0702 00 10, for the period 15 November to 30 April,
- 2 000 tonnes of cherry tomatoes, falling within CN code ex 0702 00 10, for the period 15 November to 30 April,
- 200 tonnes of fresh figs falling within CN code ex 0804 20 10, for the period 1 November to 30 April,
- 1 500 tonnes of fresh strawberries falling within CN code ex 0810 10 90, for the period 1 November to 28 February;
Whereas within the limits of these tariff quotas, customs duties have been phased out progressively:
- during the same periods and in accordance with the same timetables provided for in Articles 75 and 268 of the Act of Accession of Spain and Portugal, concerning the tariff quotas for chilled tomatoes, fresh figs and strawberries,
- by 60 % of the said duties concerning the tariff quota in relation to tomatoes other than cherry tomatoes and that these maximal reduction rates have been applied from the moment of entry into force of the present Regulation;
Whereas it is in particular necessary to ensure that all Community importers enjoy equal and uninterrupted access to the abovementioned quotas and that the rates laid down for those quotas should apply consistently to all imports of the products concerned into all Member States until the quotas have been used up;
Whereas Commission Regulation (EEC) No 3025/93 of 28 October 1993 opening and providing for the administration of Community tariff quotas for certain agricultural products originating in the African, Caribbean and Pacific States (3) was published in the Official Journal of the European Communities; whereas the publication of that Regulation took place, by administrative error, without certain normal rules prior to its adoption by the Commission being respected; whereas that Regulation should be repealed and replaced from 1 November 1993 by the present Regulation;
Whereas, since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united within and jointly represented by the Benelux Economic Union, all transactions concerning the administration of the quotas may be carried out by any of its members;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fruit and Vegetables,
HAS ADOPTED THIS REGULATION:
Article 1
The customs duties applicable to imports into the Community of the following products originating in the African, Caribbean and Pacific States shall be suspended at the levels indicated and within the limits of the Community tariff quotas as shown below:
>(4)"> ID="1">09.1601> ID="2">ex 0702 00 10> ID="3">Tomatoes, fresh or chilled, from 15 November 1993 to 30 April 1994> ID="4">2 000> ID="5">4,4 min 0,8 ECU/100 kg/net"> ID="1">09.1613> ID="2">ex 0702 00 10> ID="3">Cherry tomatoes, fresh or chilled from 15 November 1993 to 30 April 1994> ID="4">2 000> ID="5">0"> ID="1">09.1608> ID="2">ex 0804 20 10> ID="3">Fresh figs, from 1 November 1993 to 30 April 1994> ID="4">200> ID="5">0"> ID="1">09.1603> ID="2">ex 0810 10 90> ID="3">Fresh strawberries, from 1 November 1993 to 28 February 1994> ID="4">1 500> ID="5">0""
>
Article 2
The tariff quotas referred to in Article 1 shall be managed by the Commission, which may take any appropriate administrative measures to ensure that they are managed efficiently.
Article 3
Where an importer preserves an entry for release for free circulation in a Member State in respect of a product covered by this Regulation, applying to take advantage of the preferential arrangements, and the entry is accepted by the customs authorities, the Member State concerned shall, by notifying the Commission, draw an amount corresponding to requirements from the quota. Requests for drawings, indicating the data on which the entries were accepted, must be sent to the Commission without delay. Drawings shall be granted by the Commission in chronological order of the dates on which the customs authorities of the Member States concerned accepted the entries for release for free circulation to the extent that the available balance so permits. If a Member State does not use a drawing in full it shall return any unused portion to the corresponding quota as soon as possible. If the quantities requested are greater than the available balance of the quota, the balance shall be allocated among applicants pro rata. The Commission shall inform the Member States of the drawings made.
Article 4
Each Member State shall ensure that importers of the products concerned have free access to the quotas for such time as the residual balance of the quotas so permits.
Article 5
The Member States and the Commission shall cooperate closely in order to ensure that this Regulation is complied with.
Article 6
Regulation (EEC) No 3025/93 is hereby repealed.
Article 7
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 November 1993.This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 8 December 1993.
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COMMISSION DECISION of 7 December 1992 concerning the conlusion on behalf of the European Coal and Steel Community of the Agreement in the form of exchanges of letters between the European Coal and Steel Community and the European Economic Community, of the one part, and the Republic of Poland, of the other part, to extend the duration of the Interim Agreement signed between the Parties in Brussels on 16 December 1991 (92/623/ECSC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Coal and Steel Community, and in particular the first paragraph of Article 95 thereof,
Whereas, pending the completion of the ratification procedure of the Europe Agreement signed in Brussels on 16 December 1991 it is necessary to extend, after 31 December 1992 the duration of the Interim Agreement, signed in Brussels on 16 December 1991, by concluding an Agreement in the form of exchanges of letters;
Having consulted the Consultative Committee and with the unanimous assent of the Council,
HAS DECIDED AS FOLLOWS:
Article 1
The Agreement in the form of exchanges of letters concerning the extension after 31 December 1992 of the duration of the Interim Agreement, signed in Brussels on 16 December 1991, between the European Coal and Steel Community and the European Economic Community, of the one part, and the Republic of Poland, of the other part, is hereby approved on behalf of the European Coal and Steel Community.
The text of the Agreement is annexed to this Decision (1).
Article 2
The President of the Commission is hereby authorized to designate the person who will sign the Agreement in order to bind the Commission.
Done at Brussels, 7 December 1992.
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COMMISSION REGULATION (EC) No 696/98 of 27 March 1998 implementing Council Regulation (EC) No 515/97 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 515/97 of 13 March 1997 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters, hereinafter referred to as the 'Basic Regulation`, and in particular Article 43(3) thereof (1),
Whereas the Basic Regulation provides for the setting up of a central database to meet the needs of the administrative authorities responsible for applying the legislation on customs and agricultural matters and those of the Commission; whereas the aim of this database is to assist in the prevention, investigation and prosecution of operations in breach of customs and agricultural legislation by increasing, by means of a more rapid circulation of information, the effectiveness of the cooperation and control procedures of the competent authorities;
Whereas it is necessary to determine the operations concerning the application of agricultural legislation for which information has to be introduced into the central data base of the Customs information system (CIS), as required in the Basic Regulation;
Whereas it is necessary, pursuant to Article 25 of the Basic Regulation, also to determine the elements to be included in the database of the CIS under each of the categories referred to under items (a) to (f) in Article 24 of the abovementioned Regulation;
Whereas the abovementioned elements include personal data which are subject to specific protective measures; whereas, in particular, these data may be introduced into the database only when the conditions set out in Article 27(2) of the Basic Regulation are met;
whereas the measures laid down in this Regulation are in accordance with the opinion of the Committee provided for in Article 43 of the Basic Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The operations in connection with the application of agricultural regulations which, pursuant to Article 23 of the Basic Regulation, require the introduction of information into the Customs information system (CIS) shall be those relating to:
(a) imports coming from third countries of products subject to agricultural legislation, and in particular customs duties;
(b) exports to third countries of products subject to agricultural legislation;
(c) movements of products, subject to agricultural legislation, under cover of a common or external transit procedure and operations involving the temporary storage in the Community of such products when traded between the Community and a third country;
(d) intra-Community movements of products which are the subject of restrictions or prohibitions based on agricultural legislation or which benefit from Community assistance.
Article 2
The elements which may be included in the CIS database under categories (a) to (f) of Article 24 of the Basic Regulation are listed in the Annex hereto.
Article 3
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
It shall apply from 13 March 1998.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 March 1998.
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COMMISSION DECISION of 22 December 1998 recognising in principle the completeness of the dossiers submitted for detailed examination in view of the possible inclusion of CGA 279 202 (trifloxystrobin), clefoxydim (BAS 625H), etoxazol and ferric phosphate in Annex I to Council Directive 91/414/EEC concerning the placing of plant-protection products on the market (notified under document number C(1998) 4355) (Text with EEA relevance) (1999/43/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant-protection products on the market (1) as last amended by Commission Directive 98/47/EC (2) and in particular Article 6(3) thereof,
Whereas Directive 91/414/EEC (hereinafter 'the Directive`) has provided for the development of a Community list of active substances authorised for incorporation in plant protection products;
Whereas applicants have submitted dossiers for four active substances to Member States' authorities in view of obtaining the inclusion of the active substances in Annex I to the Directive;
Whereas a dossier for the active substance CGA 279 202 (trifloxystrobin) was submitted by Novaritis Crop Protection UK Ltd to the United Kingdom authorities on 28 January 1998;
Whereas a dossier for the active substance clefoxydim (BAS 625H) was submitted by BASF AG to the Spanish authorities on 2 April 1998;
Whereas a dossier for the active substance etoxazol was submitted by Sumitomo Chemical Agro Europe SA to the French authorities on 21 April 1998;
Whereas a dossier for the active substance ferric phosphate was submitted by W. Neudorff GmbH to the German authorities on 27 August 1998;
Whereas the said authorities indicated to the Commission the results of a first examination of the completeness of the dossier with regard to the date and information requirements provided for in Annex II and, for at least one plant protection product containing the active substance concerned, in Annex III to the Directive; whereas subsequently, in accordance with the provisions of Article 6(2), the dossiers were submitted by the applicant to the Commission and other Member States;
Whereas the dossiers for CGA 279 202 (trifloxystrobin), clefoxydim (BAS 625H), etoxazol and ferric phosphate were referred to the Standing Committee on Plant Health on 15 October 1998;
Whereas Article 6(3) of the Directive requires it being confirmed at the level of the Community that each dossier is to be considered as satisfying, in principle, the data and information requirements provided for in Annex II and, for at least one plant protection product containing the active substance concerned, in Annex III to the Directive;
Whereas such confirmation is necessary in order to pursue the detailed examination of the dossier as well as in order to open to Member States the possibility of granting provisional authorisation for plant protection products containing this active substance in due respect of the conditions laid down in Article 8(1) of the Directive, and in particular the condition to make a detailed assessment of the active substances and the plant protection products with regard to the requirements of the Directive;
Whereas such Decision does not prejudice that further data or information may be requested from the applicant where it would appear during the detailed examination that such information or data are required for a Decision to be taken;
Whereas it is understood between the Member States and the Commission that the United Kingdom will pursue the detailed examination for the dossier for CGA 279 202 (trifloxystrobin), that Spain will pursue the detailed examination for the dossier for clefoxydim (BAS 625H), that France will pursue the detailed examination for the dossier for etoxazol, and that Germany will pursue the detailed examination for the dossier for ferric phosphate;
Whereas the United Kingdom, Spain, France and Germany will report the conclusions of their examinations accompanied by any recommendations on the inclusion or non-inclusion and any conditions related thereto to the Commission as soon as possible and at the latest within a period of one year; whereas on receipt of this report the detailed examination will be continued with the expertise from all Member States within the framework of the Standing Committee on Plant Health;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,
HAS ADOPTED THIS DECISION:
Article 1
The following dossiers satisfy in principle the data and information requirements provided for in Annex II and, for at least one plant protection product containing the active substance concerned, in Annex III to the Directive, taking into account the uses proposed.
1. The dossier submitted by Novaritis Crop Protection UK Ltd to the Commission and the Member States with a view to the inclusion of CGA 279 202 (trifloxystrobin) as active substance in Annex I to Directive 91/414/EEC and which was referred to the Standing Committee on Plant Health on 15 October 1998.
2. The dossier submitted by BASF AG to the Commission and the Member States with a view to the inclusion of clefoxydim (BAS 625H) as active substance in Annex I to Directive 91/414/EEC and which was referred to the Standing Committee on Plant Health on 15 October 1998.
3. The dossier submitted by Sumitomo Chemical Agro Europe SA to the Commission and the Member States with a view to the inclusion of etoxazol as active substance in Annex I to Directive 91/414/EEC and which was referred to the Standing Committee on Plant Health on 15 October 1998.
4. The dossier submitted by W. Neudorff GmbH KG to the Commission and the Member States with a view to the inclusion of ferric phosphate as active substance in Annex I to Directive 91/414/EEC and which was referred to the Standing Committee on Plant Health on 15 October 1998.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 22 December 1998.
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Commission Regulation (EC) No 2479/2001
of 17 December 2001
imposing a provisional anti-dumping duty on imports of recordable compact disks originating in Taiwan
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community(1), as last amended by Regulation (EC) No 2238/2000(2), and in particular Article 7 thereof,
After consulting the Advisory Committee,
Whereas:
A. PROCEDURE
(1) On 31 March 2001, the Commission announced, by notice published in the Official Journal of the European Communities(3), the initiation of an anti-dumping proceeding with regard to imports into the Community of recordable compact disks (hereinafter "CD-Rs") originating in Taiwan and commenced an investigation.
(2) The proceeding was initiated as a result of a complaint lodged in February 2001 by the Committee of European CD-R Manufacturers ("CECMA") acting on behalf of producers representing a major proportion of the total Community production of CD-Rs. The complaint contained evidence of dumping of the product concerned and of material injury resulting therefrom, which was considered sufficient to justify the initiation of a proceeding.
(3) The Commission officially advised the complainant Community producers, as well as the other known Community producers, exporting producers, importers, users and suppliers of raw materials known to be concerned and the representatives of Taiwan of the initiation of the proceeding. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set in the notice of initiation.
(4) A number of exporting producers in Taiwan and their association, as well as complainant and other Community producers and importers, made their views known in writing. All parties who so requested within the above time limit and indicated that there were particular reasons why they should be heard were granted a hearing.
(5) Certain parties contended that the complaining Community producers did not fulfil the requirements of Article 5(4) of Regulation (EC) No 384/96 (hereinafter "the basic Regulation"). In this respect, the statutory pre-initiation verification by the Commission showed that both the 25 % and 50 % thresholds of Article 5(4) were met. In fact, the complaining Community producers accounted for over 26 % of total Community production and no eligible Community producers expressed opposition to the initiation of the investigation. It should be noted that, on the basis of the available information regarding Community producers (including their relation to Taiwanese exporting producers and the proportion of their import activity of the product concerned originating in Taiwan), the Commission decided, in accordance with Article 4(1) of the basic Regulation, to exclude six producers in the framework of the definition of total Community production, none of which were complainants.
(6) In view of the large number of exporting producers in Taiwan, the Commission examined the possibility of applying sampling techniques in accordance with Article 17 of the basic Regulation. The Commission sent questionnaires to, and received detailed information from, a representative sample of exporting producers in Taiwan (see recital 17).
According to the same Article 17 of the basic Regulation and in view of the large number of importers, the possibility of applying sampling techniques was examined. However, only five importers came forward and submitted information as specified in the notice of initiation. The Commission sent them questionnaires, to which only three importers replied.
The Commission also sent questionnaires to all other parties known to be concerned and received replies from the four complaining Community producers, as well as from 10 other Community producers, which were considered to be meaningful and complete.
(7) The Commission sought and verified all the information it deemed necessary for the purpose of a preliminary determination of dumping, injury and Community interest, and carried out verification visits at the premises of the following companies:
(a) Exporting producers in Taiwan
- Auvistar Industry Co., Chung-Li
- Princo Corporation, Hsinchu
- Prodisc Technology Inc., Taipei
- Ritek Corporation, Hsinchu
- Unidisc Technology Co., Taipei
(b) Related importers in the Community
- Multimedia Info-Tech Ltd, Belfast, Northern Ireland
(c) Producers in the Community
- Computer Support Italcard SRL, Milan, Italy
- CPO Magnetic Products BV, Oosterhout, Netherlands
- Fuji Magnetics GmbH, Kleve, Germany
- Matsushita Media Manufacturing Ireland Ltd, Youghal, Ireland
- Mitsui Advanced Media SA, Ensisheim, France
- MPO Media SAS, Averton, France
- TDK Recording Media Europe SA, Bascharage, Luxembourg
(8) The investigation of dumping and injury covered the period from 1 January 2000 to 31 December 2000 (hereinafter referred to as "the investigation period" or "IP"). The examination of trends relevant for the assessment of injury covered the period from 1 January 1997 to the end of the investigation period ('the period considered').
B. PRODUCT UNDER CONSIDERATION AND LIKE PRODUCT
1. Product under consideration
(9) The product under consideration is recordable compact disks ("CD-Rs") currently classifiable under CN code ex 8523 90 00.
(10) A CD-R is a polycarbonate disk, which is coated with a layer of dye, a layer of reflective material such as gold or silver and a protective layer. Recording on such a disk can be done only once and therefore the disk is said to be of the type "WORM" (Write Once Read Many). The disk is an optical storage medium for digital data or music. Recording is realised by exposing the dye layer to an infrared laser beam in a CD-R recorder.
CD-Rs can be distinguished according to the type of data stored (data CD-R versus music CD-R), the storage capacity, the reflective metal layer (mainly silver) and whether or not the CD-R is printed upon.
The product is also sold in different qualities and comes on the market in different types of packaging of which the most frequently encountered are regular or slim jewel cases containing one CD-R, shrink-wrapped spindles of 10 to 100 CD-Rs, cake boxes of 10 to 100 CD-Rs, envelopes containing one CD-R packed in cellophane, carton boxes, etc.
Although the use and the quality of the various types of CD-R sold may differ, this does not entail any significant differences in the basic physical and technical characteristics of the different types. They are therefore considered as one product for the purpose of this investigation.
2. Like product
(11) The Commission found that there were no differences in the basic physical and technical characteristics and uses of the CD-Rs imported into the Community originating in Taiwan and the CD-Rs produced by the complainant and other Community producers, sold on the Community market. It was also found that there was no difference between the CD-Rs produced in Taiwan and exported to the European Community and those sold on the domestic market of Taiwan. It was therefore concluded that both the CD-Rs produced and sold by the Community industry on the Community market and the CD-Rs produced and sold on the domestic market of Taiwan were, within the meaning of Article 1(4) of the basic Regulation, alike to the CD-Rs imported into the Community originating in Taiwan.
C. SAMPLING
(a) Sampling of Taiwanese exporters
(12) In view of the large number of exporting producers in Taiwan, the Commission decided that it might be necessary to apply sampling techniques in accordance with Article 17 of the basic Regulation.
(13) In order to enable the Commission to select a sample, pursuant to Article 17(2) of the basic Regulation, exporting producers were requested to make themselves known within three weeks of the initiation of the proceeding and provide basic information on their export and domestic sales, their precise activities with regard to the production of the product concerned and the names and activities of all their related companies in the production and/or selling of the product concerned. The Taiwanese authorities and the Taiwanese association of exporting producers were also consulted in this regard by the Commission and raised no objection against the use of sampling.
(b) Pre-selection of cooperating companies
(14) 14 companies in Taiwan came forward and provided the requested information within the three-week period set by Article 17(2) of the basic Regulation. However, only 12 companies reported exports to the Community during the investigation period. Those companies that exported the product concerned to the Community during the investigation period and expressed a wish to participate in the sample were initially considered as cooperating companies and were taken into account in the selection of the sample.
These companies represented up to 88 % of total exports of the product concerned from Taiwan to the Community.
(15) Companies, which did not make themselves known within the three-week period, were considered as non-cooperating companies.
(c) Selection of the sample
(16) According to Article 17(1) of the basic Regulation, the selection was based on the largest representative volume of exports, which could reasonably be investigated within the time available. On this basis, six Taiwanese companies (including four related exporting producers belonging to the same group) were selected for the sample in consultation with the Taiwanese association of exporting producers. The Taiwanese authorities were informed accordingly.
(17) The six cooperating companies that were not finally retained in the sample were informed that any anti-dumping duty on their exports would be calculated in accordance with the provisions of Article 9(6) of the basic Regulation. Some of these companies initially indicated their intention to claim an individual margin in accordance with Article 17(3) of the basic Regulation, in case they were not selected in the sample. However, no substantiated claim was received within the deadline specified in the notice of initiation.
(18) Questionnaires were sent for completion to all six initially sampled companies. However, one of the sampled companies finally decided not to submit a questionnaire response. Consequently, this company was informed that it was no longer considered to be cooperating in the investigation and it should therefore receive the same treatment as other non-cooperating companies. As a result, the level of non-cooperation increased to 22 % of total exports to the Community.
D. DUMPING
3. Normal value
(19) In accordance with Article 2(2) of the basic Regulation, the Commission first examined whether the domestic sales of CD-Rs to independent customers by each exporting producer were representative, i.e. whether the total volume of such sales was equal to or greater than 5 % of the total volume of the corresponding export sales to the Community.
This assessment revealed that all investigated exporting producers had representative sales of CD-Rs on their domestic markets during the investigation period.
(20) The Commission considered domestically sold and exported product types, which had similar storage capacity, metal layer, printing, quality and uses, as being directly comparable.
(21) Domestic sales of a particular product type were considered as sufficiently representative when the volume of that product type sold on the domestic market to independent customers during the investigation period represented 5 % or more of the total volume of the comparable product type sold for export to the Community.
(22) The Commission subsequently examined whether the domestic sales of each company could be considered as being made in the ordinary course of trade pursuant to Article 2(4) of the basic Regulation.
This was done by establishing the proportion of domestic sales to independent customers, of each exported product type, sold at a loss on the domestic market during the investigation period:
(a) for those product types where more than 80 % by volume of sales on the domestic market were not below unit costs and where the weighted average sales price was equal to or higher than the weighted average production cost, normal value, by product type, was calculated as the weighted average of all domestic sales prices of the type in question;
(b) for those product types where at least 10 %, but no more than 80 %, by volume of sales on the domestic market were not below unit costs, normal value, by product type, was calculated as the weighted average of domestic sales prices which were found equal to or above unit costs only, of the type in question;
(c) for those product types where less than 10 %, by volume, was sold on the domestic market at a price not below unit costs, it was considered that the product type concerned was not sold in the ordinary course of trade and therefore, normal value was constructed.
(23) For all types sold for export to the Community by one investigated company and for certain types sold for export to the Community by the other four investigated companies, domestic sales were found to have been made in the ordinary course of trade. Normal value was based for the corresponding product type on the actual prices paid or payable, by independent customers in the domestic market of Taiwan, during the investigation period, as set out in Article 2(1) of the basic Regulation.
(24) For product types not made in the ordinary course of trade, as well as for the product types that were not sold in representative quantities on the domestic market, normal value had to be constructed. Four investigated companies sold such product types for export to the Community.
(25) To construct normal value pursuant to Article 2(6) of the basic Regulation, the selling, general and administrative ("SG & A") expenses incurred and weighted average profit realised by the cooperating exporting producers concerned on domestic sales of the like product, in the ordinary course of trade, during the investigation period, was added to their own average cost of manufacturing during the investigation period. Where necessary, the manufacturing costs and SG & A expenses reported were corrected, before being used in the ordinary course of trade test and in constructing normal values.
4. Export price
(26) For all exports of the product concerned that were made directly to independent customers in the Community by all five investigated exporting producers, the export price was established in accordance with Article 2(8) of the basic Regulation, on the basis of export prices actually paid or payable.
Two investigated exporting producers also sold the product concerned to related parties in the Community. For these exports, the export price was established in accordance with Article 2(9) of the basic Regulation, on the basis of prices at which the imported products were first resold to an independent buyer. For this purpose, adjustments were made to take account of all costs, including duties and taxes, incurred between importation and resale, and of profits normally accruing, so that a reliable export price could be established.
5. Comparison
(27) The comparison between normal value and export price was made on an ex-factory basis.
For the purpose of ensuring a fair comparison between the normal value and the export price, due allowance in the form of adjustments was made for differences affecting price comparability in accordance with Article 2(10) of the basic Regulation. For all investigated exporting producers allowances for differences in transport costs, ocean freight and insurance costs, handling, loading and ancillary costs, packing costs, credit costs, warranty and guarantee costs, and commissions have been granted where applicable and justified.
Two exporting producers claimed a special adjustment for differences in average purchase quantities. These companies claimed that they charged lower prices for bigger purchase quantities and that the average purchase quantity for sales to the Community was considerably higher than the average purchase quantity in the domestic market. However, the companies concerned could not demonstrate, as required in Article 2(10)(k) of the basic Regulation that customers in the domestic market consistently paid different prices because of the difference in purchase quantities. Therefore, the claim was rejected.
6. Dumping margins
(a) Dumping margin for companies investigated
(28) Dumping margins were established on the basis of a comparison of a weighted average normal value by product type with a weighted average export price by product type. However, dumping margins were established on the basis of a comparison by product type of the weighted average normal value with the prices of all individual export transactions when a pattern of export prices which differ significantly between time periods was established and the full degree of dumping being practised was not reflected in the comparison of a weighted average normal value by product type with a weighted average export price by product type.
(29) For the five companies investigated a pattern of export prices, which differed significantly among different time periods within the investigation period, could be established. For three companies a considerable difference was found between the dumping margin established on the basis of a comparison of a weighted average normal value by product type with a weighted average export price by product type, and the dumping margin established on the basis of a comparison of a weighted average normal value by product type with prices of all individual export transactions by product type. According to Article 2(11) of the basic Regulation and in order to reflect the full degree of dumping being practised by these three companies, the dumping margin finally established for them was based on a comparison of the weighted average normal value by product type with prices of all individual export transactions. For the other two companies the dumping margin was established by comparing the weighted average normal value by product type with the weighted average export price by product type.
(30) It has been the consistent practice of the Commission to consider related companies or companies belonging to the same group as one single entity for the determination of a dumping margin and thus to establish one single dumping margin. This is because calculating individual dumping margins might encourage circumvention of anti-dumping measures, thus rendering them ineffective, by enabling related producers to channel their exports to the Community through the company with the lowest individual dumping margin. In accordance with this practice, the four related exporting producers belonging to the same group were regarded as one single entity and attributed one single dumping margin. For these exporting producers it was decided to first calculate a dumping margin per company and then to establish a weighted average of these dumping margins which was attributed to the group as a whole.
(b) Dumping margin for cooperating companies not in the sample
(31) The dumping margin for exporting producers, which made themselves known in accordance with Article 17 of the basic Regulation but were not examined individually, has been established on the basis of the weighted average of the dumping margins of the companies in the sample pursuant to Article 9(6) of the basic Regulation.
(c) Dumping margin for non-cooperating companies
(32) For those exporting producers which neither replied to the Commission's questionnaire nor otherwise made themselves known, the dumping margin was established on the basis of the facts available, in accordance with Article 18(1) of the basic Regulation.
(33) The volume of exports to the Community reported by the cooperating exporting producers was compared with the equivalent Eurostat import statistics in order to establish the overall level of cooperation.
It was found that the overall non-cooperation in Taiwan was high. If the overall level of non-cooperation is high, it is considered appropriate to set a residual dumping margin for the non-cooperating companies at a level higher than the highest dumping margin established for a cooperating company. Indeed, there is reason to believe that the high level of non-cooperation results from the non-cooperating producers in Taiwan generally having dumped at a higher level than any cooperating producer. The residual dumping margin for Taiwan was therefore established at a level higher than the highest dumping margin established for a cooperating company. This level corresponds to the weighted average dumping margin of the product types with the highest dumping margin sold in representative quantities.
The above approach with regard to non-cooperating companies was also considered necessary in order to prevent non-cooperating companies benefiting from their non-cooperation.
(34) The provisional dumping margins, expressed as a percentage of the cif import price at the Community border duty unpaid, are the following:
>TABLE>
E. DEFINITION OF THE COMMUNITY INDUSTRY
1. Community production
(35) During the IP, CD-Rs were manufactured in the Community by the following companies:
- four complainant producers who cooperated in the proceeding,
- five non-complainant producers who cooperated in the proceeding and supported the proceeding,
- two non-complainant producers, of which one supported the proceeding and one declared itself neutral, both of which only submitted a confidential questionnaire reply,
- three non-complainant producers who supported the proceeding and submitted questionnaire replies but did not subsequently reply to the deficiency requests,
- four non-complainant producers who provided some general information to the Commission but did not cooperate in the investigation and of which two opposed the proceeding and two declared themselves neutral,
- eight other non-complainant producers who did not co-operate in the proceeding and of which one supported the proceeding.
(36) The fact that several non-complaining Community producers have cooperated in the framework of the investigation provided the Commission with the opportunity to examine their status in relation to Article 4(1) of the basic Regulation in more depth. Some of the cooperating producers (including some who originally were not complainants) were found to have imported CD-Rs from Taiwan. However, there were no reasons to exclude those companies from the definition of Community production, given the fact that a substantial part of those purchases was made in order to satisfy market demand while installing new or additional capacity, and based on the relatively low percentage of purchases from Taiwan compared to total sales and own production in the IP.
(37) Therefore, the CD-Rs produced by all these companies constitutes the Community production within the meaning of Article 4(1) of the basic Regulation.
2. Definition of the Community industry
(38) The nine cooperating Community producers who supported the complaint represented a major proportion of the total Community production of CD-Rs during the IP, in this case 69,4 %. On this basis, they were deemed to constitute the Community industry within the meaning of Articles 4(1) and 5(4) of the basic Regulation. They are referred to as the "Community industry" hereafter.
F. INJURY
1. Preliminary remark
(39) CD-Rs are relatively recent high-tech products. They became available to the general public and their breakthrough mainly occurred during 1997-98. Since then, the growth of demand for this new storage medium has been spectacular. This explains why a number of indicators, such as consumption, production and sales all show a high growth.
2. Community consumption
(40) Community consumption was based on the volume of sales of own-produced CD-Rs by the Community industry, the sales volume of the five companies that submitted questionnaire replies but were excluded from the definition of the Community industry, the sales volume of the four companies that provided general information, on Eurostat-information concerning the import volumes originating in Taiwan and in other third countries and on an estimate of the sales of the remaining Community producers based on information collected by the Commission during its investigation relating to the acceptance of the complaint.
>TABLE>
3. Imports of CD-Rs into the Community
(a) Volume, price and market share of imports originating in Taiwan
(41) The volume of imports from Taiwan increased significantly over the period considered.
>TABLE>
(42) The average import price of CD-Rs from Taiwan significantly decreased by 73 % over the period considered. After a 51 % decrease from 1997 to 1998, the price of Taiwanese imports decreased further by 21 % from 1998 to 1999 and by 30 % from 1999 to 2000.
>TABLE>
(43) Taiwan increased its market share considerably over the period considered.
>TABLE>
(b) Price undercutting
(44) For the determination of price undercutting the Commission analysed price data referring to the IP. The relevant sales prices of the Community industry are net prices after deduction of discounts and rebates. Where necessary these prices were adjusted to an ex-works level, i.e. excluding freight costs in the Community. Taiwanese import prices compared are also net of discounts and rebates and are adjusted where necessary to CIF Community frontier.
(45) Based on the questionnaire replies, different product families of CD-Rs could be defined for comparison purposes based on the following criteria: storage capacity, type of data recorded, nature of the reflective layer, printing and packaging. The physical CD-R characteristics were found to be of a less decisive influence on the sales price of CD-Rs, whereas the packaging proved to be a particularly influential criterion for comparison purposes.
(46) The Community industry's sales prices and the import prices of the Taiwanese exporting producers were compared at the same level of trade, namely independent customers within the Community market, duly adjusted where appropriate.
(47) During the IP, weighted average price undercutting margins, expressed as a percentage of the Community industry's sales prices, ranged from 25,5 % to 29,5 %. The weighted average price-undercutting margin was 29 %.
4. Situation of the Community industry
(a) Preliminary remark
(48) The first wave of installation of new European facilities can be situated around 1997, which therefore is a start-up year with high per unit cost of production and low capacity utilisation. After having obtained a reasonable scale of production and having reduced the cost of production considerably, the outlook for this industry was favourable in 1999. This attracted further investments and new starters.
(b) Production, capacity and capacity utilisation
>TABLE>
(49) As a consequence of the spectacular expansion of Community consumption, the Community industry's production of CD-Rs increased continuously over the period considered.
(50) Capacity utilisation followed an increasing trend up to 1999 but fell in the IP because the actual sales volume was below projections. This evolution led to a massive increase in stocks. In order to prevent excessive stockbuilding, some producers even resorted to occasional stoppages in production.
(51) The production capacity of the Community industry showed a seven-fold increase over the period considered. This is due to the important investments in machinery and equipment, which were made particularly during 1997 and 1999. In general 1997 can be considered as a start-up year, which is illustrated by the low capacity utilisation rate achieved that year. A time-span of typically six months elapsed between the purchase of the major parts of the installation and the actual start of production. The year 1998 was mainly characterised by making capacity ready for use and by fine-tuning the production process. Capacity utilisation could thus be increased to 68 %. The capacity utilisation further increased during 1999 due to the mentioned mastering of the production process in combination with favourable market conditions. The downturn occurred in the IP when sales projections were not met.
(c) Sales volume, sales price, market share and growth
>TABLE>
(52) Based on the favourable evolution of Community consumption, the volume of sales of the Community industry in the Community significantly expanded over the period considered. From 1998 to 2000, the Community industry's sales in volume tripled but the Community market more than quadrupled over the same period. Average sales prices of the Community industry decreased by 65 % during the period considered.
(53) The Community industry gained market share between 1997 and 1998; it was around 16 % in 1998 and 1999. Since 1999, larger volumes of Taiwanese imports entered the Community market. The Community industry's market share dropped to 12,6 % in the IP. Overall, the market share of the Community industry has increased from 11,6 % to 12,6 % over the period considered, while the share of imports concerned went up from 6,3 % to 60,1 %.
>TABLE>
(54) Both the sales of the Community industry and the Community consumption increased by a factor of 13 over the period considered. Imports originating in Taiwan grew by a factor of 119 over the same period. From 1999 to the IP, sales of the Community industry increased by 26 % whereas Community consumption expanded by 72 % and Taiwanese imports by 98 %.
(d) Stocks
(55) Stocks of own produced CD-Rs increased significantly towards the end of 1999 and to an even higher degree towards the end of 2000. The sales volume increased less than foreseen which led to stock building on the one hand and to reductions and even occasional stoppages of production on the other. Stocks, expressed as a percentage of production of CD-Rs, attained a considerable 20,3 % in the IP, notwithstanding these stoppages.
>TABLE>
(e) Cost of production and profitability
(56) Notwithstanding the decrease in sales prices, the Community industry became profitable in 1999. The Community industry managed to significantly reduce its manufacturing cost, which represented during the IP around 80 % of the full cost of production of CD-Rs, over the period 1997-99 because of economies of scale of production and the fine-tuning of the production process. Although this effort was continued in the IP and although important further cost reductions were achieved, the Community industry suffered considerable financial losses. Indeed, between 1999 and the IP, the decrease of the full cost of production by 22 % was not sufficient to compensate for the decrease of the sales prices by 34 %. This situation led to Community industry losses on turnover of - 4,8 % on average in the IP.
>TABLE>
(f) Investments, return on investment, cash flow and the ability to raise capital
>TABLE>
(57) Investments were important during 1997, which can be considered a start-up year and during 1999 when a second wave of investments took place, inspired by the favourable market conditions existing at the time when investment appraisals were made.
(58) Due to the dramatic change of market conditions and more specifically the decline of market sales prices, new investment decisions during the IP were to a large extent postponed or cancelled, in spite of the further expansion of Community consumption.
(59) Return on investment based on the net result increased from - 27,2 % in 1997 to 7,9 % in 1999 and became negative again in 2000 (- 6 %).
(60) The Community industry's cash flow became positive for the first time in 1999. The cash flow during the IP however was again not sufficient to support depreciations, value adjustments and provisions. The continuation of investments therefore could not be guaranteed without attracting additional funding.
(61) The ability to raise capital is affected by the negative results for 2000 and the negative outlook concerning the market price evolution. Even for companies with the backing of a large group, it was impossible to attract new funding, because of insufficient projected return on investment.
(g) Employment, productivity and wages
>TABLE>
(62) Employment for the product under consideration more than doubled over the period considered. The increase went along with the installation of new capacity. The productivity per employee also increased continuously over the period considered.
(63) Part of the increase of employment can be attributed to the effort of the Community industry to achieve higher sales by introducing attractive packaging. Packaging turned out to be a more labour intensive and less automated activity than production and printing.
(64) The 39 % increase of the average wage cost per employee needs further clarification.
(h) Magnitude of dumping
(65) Given the volume and the price of the dumped imports, the impact of the actual margins of dumping, which are significant, cannot be considered to be negligible.
5. Conclusion on injury
(66) During the period considered the volume of low-priced imports from Taiwan increased significantly. Their market share increased from 6,3 % to 60,1 % and their import prices were reduced by 73 %. The Community market is dominated by Taiwanese imports, which over the period considered benefited considerably more from the favourable evolution of Community demand for CD-Rs than the Community industry in terms of volume of sales and market share.
(67) The increase of import volumes and the decline of the sales price were particularly pronounced between 1999 and the IP. Import volumes during that period doubled and import prices decreased by 30 %, undercutting the Community industry's sales prices by 29 % on average during the IP. As a consequence Taiwanese importers continued to gain market share.
(68) Some economic indicators pertaining to the situation of the Community industry, such as production of CD-Rs, production capacity installed, sales volume, employment and productivity, showed positive developments over the period considered. The rate of capacity utilisation increased until 1999, but decreased during the IP to 86 %. The average sales prices of the Community industry dropped considerably over the period considered.
(69) The Community industry originally built up a certain market share, which remained rather modest, but subsequently lost part of that market share to the Taiwanese importers since 1998. Difficulties encountered by the Community industry to obtain projected sales in an expanding market led to considerable stock building during the IP. During the IP, new investment decisions were to a large extent postponed or cancelled.
(70) The reduction of cost of production allowed the Community industry to achieve profitability in 1999, but further cost reductions were not sufficient to compensate for the significant decrease of the sales prices. Financial losses were incurred during the IP.
(71) Taking into account all factors mentioned above, in particular the fact that the Community industry was prevented from participating in the market growth, that the investment programmes for CD-Rs were significantly reduced due to the declining trend of sales prices, that the Community industry's sales prices were undercut by Taiwanese imports, the financial losses during the IP and the difficulties encountered in raising additional funding, it is considered that the Community industry has suffered material injury.
G. CAUSATION OF INJURY
1. Introduction
(72) In accordance with Article 3(6) and (7) of the basic Regulation, the Commission examined whether the dumped imports of CD-Rs originating in Taiwan have caused injury to the Community industry to a degree that enables it to be classified as material. Known factors other than the dumped imports, which could at the same time be injuring the Community industry, were also examined to ensure that possible injury caused by these other factors was not attributed to the dumped imports.
2. Effect of the dumped imports
(73) Community consumption of CD-Rs increased dramatically over the period considered from 160 million CD-Rs to 2018 million CD-Rs. Production by the Community industry increased at a similar pace, whereas dumped imports originating in Taiwan increased significantly more over the same period, reaching 1212 million units in the IP, which corresponds to an increase of market share from 6,3 % to 60,1 % over the period considered. Over the same period considered, the Community industry increased its market share from 11,6 % to 12,6 %, corresponding with sales of 254 million units in the IP.
(74) The 73 % decrease of Taiwanese import prices over the period considered was considerable and Taiwanese prices have been constantly below the Community industry's sales prices (which decreased by 65 % during the period considered), the full cost of production of the Community industry and even below its manufacturing cost of CD-Rs. The weighted average price-undercutting margin found was 29 % during the IP.
(75) The price reductions over the period considered can partly be attributed to mastering of the production process and economies of scale of production of this recent high-tech product. However, these factors do not explain the extraordinary decrease of Taiwanese import prices.
(76) The Commission therefore concludes that a significant downward price pressure was exerted by the imports from Taiwan into the Community market and that these low-priced dumped imports had a significant negative impact on the situation of the Community industry.
3. Impact of other factors
(a) Development of consumption
(77) Over the period considered Community consumption increased by a factor of 13 an evolution that under normal circumstances would have allowed the Community industry to grow proportionately and to achieve a profitable scale of operations. The development of consumption thus has not contributed to the injury suffered by the Community industry.
(b) Imports of CD-Rs from other third countries
(78) In 1999 Taiwanese imports became more important than all other imports and during the IP represented 74 % of all imports into the Community.
>TABLE>
(79) The prices of all imports into the Community decreased significantly during the period considered.
>TABLE>
(80) The market share of imports from other countries declined by 73 % or by 57,5 percentage points. The increase of Taiwanese imports more than absorbed the decline of other imports from 1998 on. Apart from Japan and Singapore, which after Taiwan were the next largest exporters to the Community of the product concerned, more than 30 other countries together make up the remaining 9 % of market share during the IP.
>TABLE>
(81) Although during the IP imports from Japan represented only 16 % of Taiwanese imports, they traditionally have been important given the fact that two Japanese companies (Sony and Tai Yuden) invented the production process of CD-Rs (together with Philips) and that some of the largest Community producers have a full or partial Japanese shareholdership. Supplies from Japan supplemented the range of products intended to satisfy market demand, while production capacity was built. As a consequence, the market share of these imports decreased from 33 % to 9,5 % over the period considered, the latter share representing mainly direct sales into the Community market. Over the period considered, average Japanese import prices have been consistently higher than those of other imports.
(82) It was claimed that imports from Singapore, entering the Community market at low prices, were in fact responsible for the injury suffered by the Community industry. On the basis of Eurostat data, it can indeed be derived that imports from Singapore enter the Community on average at prices lower than those of the Taiwanese exporting producers. However, imports from Singapore decreased by 22,2 % from 1999 to the IP and in the IP represented 3,4 % of total imports and a share of 2,7 % of the Community market, descending from 14,2 % at the beginning of the period considered. On the basis of this evolution and the speed of market penetration by the Taiwanese imports over the period considered, the Commission found that any influence of imports originating in Singapore must be limited and that the possibility that those imports have led Taiwanese price-setting seems to be minor.
(83) It was also claimed that the People's Republic of China and Indonesia were responsible for the injury suffered by the Community industry. China represents 0,8 % of total imports of CD-Rs into the Community, which corresponds to a 0,67 % market share. Indonesia came into the market during 2000 and obtained a 0,18 % market share at prices, which, according to Eurostat data, were considerably lower than those of the Taiwanese imports. With regard to both China and Indonesia, their market share during the IP would be below the de minimis margin of 1 % of the Community market in accordance with the provisions of Article 5(7) of the basic Regulation.
(84) It is concluded that any effects of imports from third countries other than Taiwan cannot have been as such that they would break the causal link between dumping of Taiwanese imports and the injury suffered by the Community industry.
(c) Export activity of the Community industry
>TABLE>
(85) The export activity of the Community industry in the IP represented 11,3 % of its total sales of own produced CD-Rs, compared to 7,6 % in 1997 and 9,3 % in both 1998 and 1999. Given the fact that exports of CD-Rs to third countries therefore are a relatively minor activity, any injury in terms of the evolution of production or sales caused by the evolution of exports over the period considered is considered to be limited. Export prices obtained are comparable to the sales prices to unrelated customers on the Community market.
(d) Purchases from Taiwan and other third countries
(86) The investigation showed that the Community industry during the period considered has purchased CD-Rs from other sources in order to respond to market demand. Total purchases represented 35,7 % of total sales in 1997, 44,8 % in 1998, 32,8 % in 1999 and 22,1 % in 2000. Imports from Taiwan represented respectively 0,6 % in 1997, 5,8 % in 1998, 17,9 % in 1999 and 7,7 % in 2000.
(87) The decrease of purchases from 1999 to the IP is a logical consequence of the additional capacity installed, the stockbuilding of own-produced CD-Rs and the downward adjustment of sales predictions by the Community industry.
(88) It was also found that the volume of purchased CD-Rs decreased compared to the Community industry's own production. Purchased volumes of CD-Rs represented 55,5 % in 1997, 78,7 % in 1998, 43,4 % in 1999 and 24 % in 2000. Taiwanese CD-Rs accounted for respectively 1 % in 1997, 10,1 % in 1998, 23,7 % in 1999 and 8,4 % in 2000.
(89) The purchases made by the Community industry were to a large extent of a temporary nature. In reaction to the increasing market opportunities and demand, a number of recording media producers (such as manufacturers of diskettes) have invested in the new technology of recordable CDs. Prior to the production facilities being operational, marketing efforts were already put into place and demand had to be partly fulfilled with purchased products. Japanese imports have been relatively important because Japan was the first country to install the technology and because, as already mentioned, an important part of the European industry belongs to Japanese groups.
(90) Purchases by the Community industry from the country concerned during the IP represented 2,2 % of total imports from Taiwan and total purchases represented 4,7 % of all imports into the Community and occurred mainly at the beginning of the IP. These purchases therefore cannot have had a decisive influence on the injurious situation suffered by the Community industry.
(e) High-speed technology
(91) It was claimed that the market share of European producers was negatively affected because of a slow adaptation to higher speed technology, meaning the technology that determines speed at which users can burn the CD-Rs.
(92) The investigation did not reveal that speed is a determining factor for price setting. Higher speed in burning CD-Rs must be supported by the hardware installed, meaning that this feature aims at existing users who are prepared to install new hardware or new users, who buy a CD-writer for the first time. Although figures estimating the share of those users compared to all users of CD-Rs are not available, it is clear that higher speed is not a consideration for all users.
(93) It was claimed that one non-cooperating Taiwanese exporting producer introduced 16x speed in October 2000, whereas the European producers lagged by introducing it in February 2001. The claim does not make clear whether introduction means start of production or start of sales. On the one hand, given that the Taiwanese exporting producer did not cooperate, the claim could not be checked at its level, but on the other hand an inquiry into the three largest producers belonging to the Community industry showed that one introduced 16x speed for sale on 1 November 2000, one on 15 December 2000 and one went directly on from 12x to 24x speed in 2001.
(94) The alleged impact of the adaptation of high-speed technology on the injurious situation of the Community industry therefore does not seem to exist.
4. Conclusion on causation
(95) Other factors than the dumped imports from the Taiwan, such as the development of Community consumption, the imports from other third countries, the export activity of the Community industry, the purchases of CD-Rs from third countries by the Community industry and the adaptation of high speed technology, were not found to have materially contributed to the injurious situation of the Community industry.
(96) The investigation has shown that during the period considered, the volume of low-priced dumped imports from Taiwan considerably increased and that the decrease of its import prices was pronounced, to an extent that could not be justified by the reduction in the cost of production based on the mastering of the production process and on economies of scale. During the IP, Taiwanese imports showed a relative importance of 74 % of all imports into the Community, a market share of 60 % of Community consumption and a price level which seems not to have been led by other imports and is amongst the lowest of all imports, significantly undercutting the Community industry's sales prices. Given the strong position of the Taiwanese exporting producers on the Community market, these developments had material negative consequences for the Community industry. Accordingly, it is provisionally concluded that these imports, taken in isolation, have caused material injury to the Community industry.
H. COMMUNITY INTEREST
1. Introduction
(97) The Commission examined whether, despite the conclusions on dumping, injury and causation, compelling reasons existed which would lead to the conclusion that it is not in the Community interest to adopt measures in this particular case. For this purpose, and pursuant to Article 21(1) of the basic Regulation, the Commission considered the likely impact of measures for all parties concerned in the investigation.
2. Interest of the Community industry
(98) The situation of the Community industry has deteriorated due to low-priced imports of CD-Rs, causing a situation in which sales are made at a loss and in which it did not participate in the market growth as could have been expected on the basis of demand of CD-Rs in the Community market. The lower than expected sales led to high stockbuilding. Investments in additional production capacity are to a large extent, and at least temporarily, halted and some existing capacity has been idled. During the year 2000, five European producers completely abandoned CD-R production. However, the investment programs of the Community industry and the strategic technological importance of the sector of media recording show that the Community industry intends to remain active in the sector of CD-R production. Their continued presence in the market of recording media is moreover considered to be necessary in order to be able to follow the evolution of recordable DVD. Recording media producers as such still demonstrate competitiveness and are viable, especially the ones that have backing of larger, mainly Japanese, groups.
(99) The Commission services consider that, in the absence of the imposition of antidumping measures, the situation of the Community industry will deteriorate, further reducing the number of Community producers of CD-Rs and thus reducing employment. Stoppage of CD-R production would have technological implications in the sense that those producers would no longer be present on the market of recording media, thereby foregoing a strategic role in future technological developments such as DVD standards and subsequent recording media products.
(100) Since the objective of the adoption of anti-dumping measures is to re-establish fair competition in the Community market, this would be in the interest of the Community industry, since it has, in spite of the injury suffered, proved to be viable in principle.
3. Interest of importers
(101) The Commission services received three questionnaire replies from importers, representing 5,3 % of total imports from Taiwan during the IP. The companies involved were:
- Imation Europe BV, Schiphol, Netherlands,
- Dysan Products Europe Ltd, Camberley, United Kingdom,
- Memorex Products Europe Ltd, Hammondsworth, United Kingdom.
These interested parties stated that they were against the imposition of anti-dumping duties. During the IP, their purchases of CD-Rs originated almost exclusively in Taiwan.
(102) The three cooperating importers taken together suffered losses in 2000, after having realised profitable operations in 1999. It was concluded that even for those importers, prices during the IP have decreased to such an extent that a normal trading contribution margin was no longer sufficient to cover overhead costs. This seems to indicate that an upward adjusted price level would be in the interest of importers.
4. Interest of users and consumers
(103) The Commission did not receive any reactions from users, i.e. companies that use CD-Rs for small runs of duplications of music CDs or software.
(104) As to consumers, the European Consumer organisation (BEUC) was contacted but did not cooperate in the proceeding.
(105) This seems to indicate that neither users nor consumers would be unduly affected by the imposition of measures.
5. Other arguments
(106) A major claim against the imposition of measures is that the capacity of European producers is not sufficient to fulfil Community demand. Indeed, the investigation has shown that the capacity installed in Europe cannot fulfil the existing demand on the Community market, even when taking into account the existing spare capacity and the postponed investment plans. However, this can not justify the injurious behaviour of Taiwanese exporting producers. Furthermore, the imposition of anti-dumping duties is not intended to close this market to Taiwanese exporting producers but to restore fair trade conditions and effective competition on the Community market. In that sense, Taiwanese imports would continue to be present on the Community market, but at prices which are no longer injuriously dumped. Moreover, imports from third countries not subject to measures are likely to gain importance once injurious dumping from Taiwan no longer takes place. On this basis, the Commission concludes that a risk of supply shortage does not exist.
6. Conclusion on Community interest
(107) On the basis of the above, it is concluded that there are no compelling reasons on the grounds of Community interest not to impose anti-dumping measures.
I. PROVISIONAL ANTI-DUMPING MEASURES
1. Injury elimination level
(108) In view of the conclusions reached with regard to dumping, injury, causation and Community interest, provisional measures should be taken in order to prevent further injury being caused to the Community industry by the dumped imports.
(109) For the purpose of establishing the level of the provisional measures, account has been taken of both the dumping margins found and the amount of injury sustained by the Community industry.
(110) The provisional measures should be imposed at a level sufficient to eliminate the injury caused by these imports without exceeding the dumping margins found. When calculating the amount of duty necessary to remove the effects of the injurious dumping, it was considered that any measures should allow the Community industry to cover its costs and obtain overall a profit before tax that could be reasonably achieved under normal conditions of competition, i.e. in the absence of dumped imports, on the sales of the like product in the Community. The pre-tax profit margin used for this calculation was 8 % of turnover.
(111) The necessary price increase was then determined on the basis of a comparison of the weighted average import price, as established for the undercutting calculations, with the non-injurious price of the different models sold by the Community industry on the Community market. The non-injurious price per model has been obtained by adding the abovementioned profit margin of 8 % to the cost of production per model. Any difference resulting from this comparison was then expressed as a percentage of the total cif import value. These differences were in all cases above the dumping margins found.
2. Provisional measures
(112) In the light of the foregoing and in accordance with Article 7(2) of the basic Regulation, it is considered that provisional anti-dumping duties should be imposed at the level of the dumping margins found, since as mentioned above the injury elimination margins found were in all cases above the dumping margins.
(113) The individual company anti-dumping duty rates specified in this Regulation were established on the basis of the findings of the present investigation. Therefore, they reflect the situation found during that investigation with respect to these companies. These duty rates (as opposed to the countrywide duty applicable to "all other companies") are thus exclusively applicable to imports of products originating in the country concerned and produced by the companies and thus by the specific legal entities mentioned. Imported products produced by any other company not specifically mentioned in the operative part of this Regulation with its name and address, including entities related to those specifically mentioned, cannot benefit from these rates and shall be subject to the duty rate applicable to "all other companies".
(114) Any claim requesting the application of these individual company anti-dumping duty rates (e.g. following a change in the name of the entity or following the setting up of new production or sales entities) should be addressed to the Commission(4) forthwith with all relevant information, in particular any modification in the company's activities linked to production, domestic and export sales associated with e.g. that name change or that change in the production and sales entities. The Commission, if appropriate, will, after consultation of the Advisory Committee, amend the Regulation accordingly by updating the list of companies benefiting from individual duty rates.
J. FINAL PROVISION
(115) In the interest of sound administration, a period should be fixed within which the interested parties which made themselves known within the time limit specified in the notice of initiation may make their views known in writing and request a hearing. Furthermore, it should be stated that the findings concerning the imposition of duties made for the purposes of this Regulation are provisional and may have to be reconsidered for the purpose of any definitive duty,
HAS ADOPTED THIS REGULATION:
Article 1
1. A provisional anti-dumping duty is hereby imposed on imports of recordable compact disks (CD-Rs), currently classifiable within CN code ex 8523 90 00 (TARIC code 8523 90 00 10 ), originating in Taiwan.
2. The rate of the provisional duty applicable to the net free-at-Community-frontier price, before duty, for products produced by the following companies shall be as follows:
>TABLE>
3. Unless otherwise specified, the provisions in force concerning customs duties shall apply.
4. The release for free circulation in the Community of the product referred to in paragraph 1 shall be subject to the provision of a security, equivalent to the amount of the provisional duty.
Article 2
Without prejudice to Article 20 of Regulation (EC) No 384/96, interested parties may request disclosure of the essential facts and considerations on the basis of which this Regulation was adopted, make their views known in writing and apply to be heard orally by the Commission within one month of the date of entry into force of this Regulation.
Pursuant to Article 21(4) of Regulation (EC) No 384/96, the parties concerned may comment on the application of this Regulation within one month of the date of its entry into force.
Article 3
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
Article 1 of this Regulation shall apply for a period of six months.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 December 2001.
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COUNCIL REGULATION (EC) No 542/98 of 9 March 1998 on conclusion of the Protocol establishing the fishing rights and financial compensation provided for in the Agreement between the European Economic Community and the Government of the Republic of Senegal on fishing off the coast of Senegal for the period from 1 May 1997 to 30 April 2001
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 43 in conjunction with Article 228(2), first sentence and the first subparagraph of Article 228(3) thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Whereas, pursuant to the Agreement between the Government of the Republic of Senegal and the European Economic Community on fishing off the coast of Senegal (3), the two parties conducted negotiations to determine the amendments or additions to be made to the Agreement at the end of the period of application of the Protocol;
Whereas, as a result of those negotiations, a new Protocol establishing the fishing rights and financial compensation provided for in the abovementioned Agreement for the period from 1 May 1997 to 30 April 2001 was initialled on 26 March 1997;
Whereas it is in the Community's interest to approve the new Protocol;
Whereas the formula for apportioning trawler and tuna fishing opportunities between the Member States should be established on the basis of the traditional allocation under the fisheries agreement;
Whereas point C of Annex I appearing in the Annex to the Protocol requires Community shipowners to land tuna catches in Senegal at their own expense; whereas this requirement needs to be clarified by setting a formula for apportioning direct landings by freezer tuna seiners,
HAS ADOPTED THIS REGULATION:
Article 1
The Protocol establishing the fishing rights and financial compensation provided for in the Agreement between the European Economic Community and the Government of the Republic of Senegal on fishing off the coast of Senegal for the period from 1 May 1997 to 30 April 2001 (4) is hereby approved on behalf of the Community.
Article 2
The trawler and tuna fishing rights laid down in Article 1 of the Protocol shall be apportioned between the Member States as follows:
>TABLE>
Article 3
The percentage of the catch that owners of Community freezer tuna trawlers are obliged to land directly in accordance with point C of Annex I appearing in the Annex to the Protocol shall be apportioned as follows:
>TABLE>
Article 4
The President of the Council is hereby authorised to designate the persons empowered to sign the Protocol in order to bind the Community.
Article 5
This Regulation shall enter into force on the seventh 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, 9 March 1998.
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COMMISSION DECISION
of 22 September 2004
on the State aid which the United Kingdom is planning to implement for Peugeot Citroën Automobiles UK Ltd
(notified under document number C(2004) 3349)
(Only the English text is authentic)
(Text with EEA relevance)
(2005/301/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community, and in particular the first subparagraph of Article 88(2) thereof,
Having regard to the Agreement on the European Economic Area, and in particular Article 62(1)(a) thereof,
Having called on interested parties to submit their comments pursuant to the provisions cited above (1),
Whereas:
I. PROCEDURE
(1)
By letter dated 16 December 2002, the United Kingdom notified the Commission of a plan to grant regional aid to Peugeot Citroën Automobiles UK Ltd (hereafter PCA UK). The Commission requested further information on 7 February 2003, which was provided by the UK by letter dated 7 March 2003.
(2)
By letter dated 30 April 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 as it found that doubts were raised as to the compatibility of the aid with the common market.
(3)
The Commission 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. The Commission did not receive any comments from interested parties.
(4)
After requesting an extension of the deadline to submit comments on 25 July 2003, the United Kingdom submitted its comments to the opening of the procedure on 5 September 2003. A meeting between the Commission, the United Kingdom and the beneficiary took place in Brussels on 17 October 2003, after which the Commission addressed a new request for information to the United Kingdom on 20 October 2003. The information was provided by the United Kingdom on 19 February and 4 May 2004.
II. DESCRIPTION OF THE MEASURE AND ITS RECIPIENT
(5)
The planned aid would be granted to PCA UK, a subsidiary of the French group PSA Peugeot Citroën (hereafter PSA). PSA designs, manufactures and sells motor vehicles. In 2003, PSA sold 3 286 100 vehicles worldwide, achieving a turnover of EUR 54,238 billion, and an operating margin of EUR 2,195 billion.
(6)
The notified project concerns the investment necessary for the production of a new model that will replace the current Peugeot 206 and derivatives.
(7)
The current capacity at the Ryton plant is 183 500 vehicles/year. The current 206 model will be phased out from 2008, with the introduction of a new model that will use a new platform. Capacity at the plant is foreseen to remain constant at 183 500 vehicles/year.
(8)
The planned start of the notified project is 2005, and the planned completion date is 2010. According to the United Kingdom, the project involves the installation of new (paintshop, metal finish) or transformed (bodyshop retooling for the different platform, final assembly) lines for the production of the new model. Infrastructure works will include improved environmental, working and safety conditions, and a new car park for finished vehicles. According to the United Kingdom, total required investment will amount to GBP 187,760 million in nominal terms.
(9)
According to the United Kingdom, the project is mobile, and PSA is considering the alternative site of Trnava, in Slovakia, for the project. PSA announced in January 2003 that Trnava has been chosen as the location for a greenfield investment. The new Trnava plant will start production in 2008, and will produce 300 000 small cars/year of the same type as the new model that will replace the Peugeot 206. According to the United Kingdom, PSA is considering whether to expand projected capacity at Trnava, while phasing out production at Ryton.
(10)
The project takes place at the existing PSA plant in Ryton, in the West Midlands region. Ryton-on-Dunsmore is an Article 87(3)(c) area, whose regional ceiling is 10 % net grant equivalent for the 2000 to 2006 period.
(11)
The notified aid is granted under the approved Regional Selective Assistance scheme (3) with the legal basis in Section 7 of Industrial Development Act 1982.
(12)
The proposed aid takes the form of a direct grant, and would be paid over the 2005 to 2010 period. It amounts to nominal GBP 19,100 million gross grant equivalent, with an actualised value of GBP 14,411 million gross grant equivalent (base year 2002, discount rate 6,01 %). Eligible investments amount to GPB 187,760 million in nominal values and to GBP 146,837 million in actualised values. Therefore, the aid intensity notified by the United Kingdom is 9,81 % gross grant equivalent.
(13)
No other Community aid or financing has been allocated to the project.
III. GROUNDS FOR INITIATING THE PROCEDURE
(14)
In its decision of 30 April 2003 to initiate the procedure laid down in Article 88(2) of the Treaty (4), the Commission expressed doubts on the necessity and proportionality of the proposed aid. In order to allay these doubts, the Commission asked for additional clarifications and documents.
(15)
Regarding the necessity of the aid, the Commission doubted that Trnava had been considered as a viable alternative to Ryton for the project in question. It requested additional circumstantial evidence, e.g. the location study, to show that the project is actually mobile within the meaning of the car framework.
(16)
Regarding the proportionality of the aid, the Commission expressed doubts on:
-
the exact calculation of the eligible costs,
-
the inclusion of investment in vendor tooling within the eligible costs,
-
the justification for the higher investment costs for land, buildings, machinery and equipment in Ryton with respect to Trnava,
-
the justification for lower operating costs for components and materials in Trnava,
-
the exact calculation of redundancy costs in Ryton.
(17)
Finally, the Commission expressed doubts on the calculation of capacity variations put forward by the United Kingdom in the context of the determination of the ‘top-up’.
IV. COMMENTS FROM THE UNITED KINGDOM
(18)
The United Kingdom submitted its comments on the opening of the procedure on 5 September 2003, and additional information on 19 February and 4 May 2004.
(19)
On the necessity of the aid, the United Kingdom reaffirmed that the project is mobile. To that end, the United Kingdom provided documentary evidence showing that Trnava is a viable technical alternative to Ryton for the project.
(20)
The United Kingdom also provided additional information on the doubts expressed by the Commission in the opening of procedure as regards the proportionality of the aid.
(21)
By letter of 5 September 2003, the United Kingdom submitted a new cost-benefit analysis (CBA) that differed from the one initially notified in many important aspects, including higher investment costs in Trnava for machinery and equipment, but lower operating costs in Ryton for labour, and lower operating costs in Trnava for energy and water as well as for inward and outward transport. Some of the changes regarded items for which the Commission did not express doubts in the opening of procedure.
(22)
With the letter of 19 February 2004, the United Kingdom submitted a new version of the CBA, which was broadly in line with the one of September 2003, with some exceptions (for instance, the figures on labour costs in Ryton and outward transport costs in Trnava were changed back to the initially notified ones). The United Kingdom clarified the items on which the Commission had expressed doubts in the opening of the procedure and the items that were modified after the opening of the procedure. By letter of 4 May 2004, the United Kingdom communicated to the Commission that the project may not commence until the very end of 2004 or the beginning of 2005. The CBA of February 2004 was amended accordingly, with 2005 as the first year of the investment.
(23)
Regarding the cost of land in Trnava, the United Kingdom claimed that no cost should be included, as the project could be carried out within the existing confines of the site. Indicatively, the project would require 30 hectares of land, whose cost is GBP 0,512 million in actualised values.
(24)
Regarding the investment costs for buildings, machinery and equipment, the United Kingdom adapted the CBA of February 2004 to take into account the Commission’s remarks. While the originally notified CBA only took into account the costs strictly necessary in Trnava in order to accommodate the project, the modified version also takes into account the share of the overall fixed and common costs that can be imputed to the project. As a consequence, the Trnava alternative results more expensive than the transformation of the Ryton plant.
(25)
Regarding the investment costs for vendor tooling, the United Kingdom affirmed that they have not been considered as eligible costs and they have not been included in the CBA of February 2004, as they will be necessary under both scenarios and therefore would not affect the handicap for Ryton.
(26)
Regarding the operating costs for components and materials, the United Kingdom provided copies of PSA’s internal planning document dated May 2003 that reports the component cost differentials between various production sites of the group. The principal difference between component costs at Ryton and Trnava arise from significantly lower hourly wage rates at Trnava, that translate in lower costs for locally sourced large components such as, for example, bumpers, fascias, seats, door boards and dashboards.
(27)
The United Kingdom also provided documents supporting a decrease in the operating costs foreseen in Trnava for energy and water, as well as for inward transport. Regarding the inward transport costs, the United Kingdom provided a copy of the update to the internal planning document for the Trnava site, version November 2003, in which the initial cost estimate is reduced to account for a higher estimated share of locally sourced components.
(28)
As regards the redundancy costs, the United Kingdom clarified that they had been taken into account, in the CBA of February 2004, as additional costs to the Trnava solution, similarly to the costs relating to the closure of the Ryton plant. The United Kingdom also provided more detail on the calculation of these costs. Conversely, the United Kingdom did not include any maintenance investment in Ryton in the CBA, as general maintenance investment would have to be carried out in both scenarios.
(29)
Finally, regarding the ‘top-up’, the United Kingdom reaffirmed that the + 2 % factor should be applied to the regional handicap resulting from the CBA of February 2004, because no increase in production will occur as a consequence of the aided project.
V. ASSESSMENT OF THE MEASURE
(30)
The measure notified by the United Kingdom in favour of PCA UK constitutes State aid within the meaning of Article 87(1) of the Treaty. It would be financed by the State or through State resources. Furthermore, as it constitutes a significant proportion of the funding of the project, the aid is liable to distort competition in the Community by giving PCA UK an advantage over competitors not receiving aid. Lastly, there is extensive trade between Member States in the automobile market where PSA is a major player.
(31)
Article 87(2) of the Treaty lists certain types of aid that are compatible with the Treaty. In view of the nature and purpose of the aid, and the geographical location of the firm, subparagraphs (a), (b) and (c) of that Article are not applicable to the plan in question. Article 87(3) of the Treaty specifies other forms of aid, which may be regarded as compatible with the common market. The Commission notes that the project is located in the area of Ryton-on-Dunsmore, which qualifies for assistance under Article 87(3)(c) of the Treaty with a regional aid ceiling of 10 % net grant equivalent.
(32)
The aid in question is intended for PCA UK, which manufactures and assembles motor vehicles. The firm is therefore part of the motor vehicle industry within the meaning of the Community framework for State aid to the motor vehicle industry (5) (hereinafter the car framework).
(33)
The car framework specifies at paragraph 2.2(a) that all aid which the public authorities plan to grant to an individual project under authorised aid schemes for a firm operating in the motor vehicle industry must, in accordance with Article 88(3) of the Treaty, be notified before being granted if either of the following thresholds is reached: (i) total cost of the project equalling EUR 50 million, (ii) total gross aid for the project, whether State aid or aid from Community instruments equalling EUR 5 million. Both the total cost of the project and the amount of aid exceed the notification thresholds. Thus, in notifying the regional aid proposed for PCA UK, the United Kingdom has complied with the requirements of Article 88(3) of the Treaty.
(34)
According to the car framework, the Commission is to ensure that the aid granted is both necessary for the realisation of the project and proportional to the gravity of the problems it intends to solve. Both tests, necessity and proportionality, must be satisfied if the Commission is to authorise State aid in the motor vehicle industry.
(35)
According to paragraph 3.2(a) of the car framework, in order to demonstrate the necessity for regional aid, the aid recipient must clearly prove that it has an economically viable alternative location for its project. If there were no other industrial site, whether new or in existence, capable of receiving the investment in question within the group, the undertaking would be compelled to carry out its project in the sole plant available, even in the absence of aid. Therefore, no regional aid may be authorised for a project that is not geographically mobile.
(36)
The Commission has assessed the documentation and information provided by the United Kingdom, and concluded that the layouts of the Trnava plant and documents relating to the site selection process and technical characteristics show that the plant has the possibility of hosting the project under scrutiny. Indeed, the production currently foreseen at the plant is of 55 cars/hour from 2006 onwards. However, the plant could produce up to 87 cars/hour through the implementation of a new production line of 32 cars/hour. There is sufficient land available for such an expansion within the current plant perimeter, and all infrastructural installations are already compatible with the higher production volumes.
(37)
Additionally, the Commission notes that, according to press reports, the Trnava plant is still being considered by the PSA group as a possible alternative to Ryton for the project under scrutiny.
(38)
Based on the information referred to in recitals 36 and 37, the Commission concludes that Trnava is effectively a viable alternative to Ryton for the project under consideration.
(39)
The Commission has also verified that the project involves the complete dismantling of the old production lines, and the installation of completely new machinery and equipment in an overall production structure that is clearly different from the previous one. The project qualifies therefore as a transformation under the car framework.
(40)
The Commission therefore concludes that the project is mobile and can therefore be considered eligible for regional aid, since the aid is necessary to attract the investment to the assisted region.
(41)
According paragraph 3.2(b) of the car framework, eligible costs are defined by the regional scheme applicable in the assisted region concerned. Having analysed the additional information provided by the United Kingdom on the calculation of the eligible costs and on the vendor tooling investments, the Commission has verified that the costs amounting to GBP 146,837 million in actualised values can be considered eligible for aid.
(42)
According to paragraph 3.2(c) of the car framework the Commission needs to ensure that the planned aid is in proportion to the regional problems it is intended to resolve. For that, a CBA is used.
(43)
A CBA compares, concerning the mobile elements, the costs that an investor would bear in order to carry out the project in the region in question with those it would bear for an identical project in a different location. Through this comparison, the Commission determines the specific handicaps of the assisted region concerned. The Commission authorises regional aid within the limit of these regional handicaps.
(44)
In accordance with paragraph 3.2(c) of the car framework, the operating handicaps of Ryton, as compared to Trnava, are assessed over three years in the CBA since the project in question is not a greenfield site. The period covered in the final version of the CBA submitted by the United Kingdom is 2008 to 2010, that is three years from the beginning of production in compliance with paragraph 3.3 of Annex I to the car framework. Using 2002 as the reference year, the notified CBA indicates a net cost handicap of GBP 18,772 million for the location in Ryton in comparison with the location in Trnava. The resulting ‘regional handicap ratio’ (6) of the project is 12,78 %.
(45)
The Commission has analysed the additional information and documents submitted by the United Kingdom after the decision to initiate the procedure laid down in Article 88(2) of the Treaty. Regarding the costs of land, the Commission does not accept the United Kingdom’s argument that no such cost should be included in the CBA, as the project could be carried out within the existing confines of the Trnava site. The land in question has been recently purchased by PSA with the expressed aim to accommodate the project, should the final choice be for Trnava instead of Ryton. It must therefore be included in the costs related to the Trnava solution, that are consequently increased by GBP 0,512 million.
(46)
As regards the investment costs for buildings, machinery and equipment, and vendor tooling, the Commission can accept the figures presented in the CBA of February 2004, that show that the Ryton transformation would require an actualised GBP 4,522 million lower investment than the extension of Trnava.
(47)
Regarding the operating costs for components and materials, internal documents provided after the opening of procedure show that the Ryton plant suffers a cost disadvantage for the sourcing of selected components that are locally sourced and for which added value from local manpower is relevant. Conversely, no cost differences have been recorded in the CBA for components (e.g. engines or gearboxes) that are sourced worldwide from the same supplier. Having analysed the new information, the Commission concludes that the figures relative to this item can be accepted for the purposes of the CBA.
(48)
Similarly, the new information provided is sufficient to demonstrate that the updates in the CBA of February 2004 as regards energy and water, inward transport costs as well as redundancy costs is based on documentary evidence and reflects acceptable estimates of the evolution of such costs during the period covered by the CBA.
(49)
The CBA resulting from the Commission analysis differs only marginally from the one submitted by the United Kingdom after the opening of proceedings, while the differences with the one initially notified are more important. According to the Commission, the CBA indicates a net cost handicap for Ryton of GBP 18,260 million at 2002 values (7) (compared to GBP 18,772 million according to the United Kingdom). The resulting regional handicap ratio of the project is 12,44 % (8) (compared to 12,78 % according to the United Kingdom).
(50)
Finally, the Commission in its analysis considers the question of a ‘top up’, which takes into account the expansion or reduction in capacity for the motor vehicle producer in question during the investment period. An increase in the regional handicap ratio resulting from the CBA is authorised on condition that the beneficiary of the aid does not increase the capacity problems facing the motor vehicle industry. Conversely, the regional handicap ratio resulting from the CBA is reduced if the aid beneficiary potentially aggravates the overcapacity problem of the industry.
(51)
The Commission does not accept the argument by the United Kingdom that the change in capacity should be calculated only looking at the project under scrutiny and not at PSA’s European production capacity. According to the car framework, the CBA compares identical projects, which means among other things projects for the production of the same number of vehicles. Therefore it is true but irrelevant that the project under scrutiny would not influence PSA’s overall production capacity. However, as it is clearly stated in paragraph 3.2(d) of the car framework, the aim of the top-up analysis is to capture the effects on competition of the investment project looking at variations in production capacity in the group concerned. To this end, the Commission has consistently compared total European production capacity of the motor vehicle producer in question before and after the project. According to the documents provided, PSA’s capacity will be considerably expanded with the new facilities in operation at Kolin (200 000 cars/year for PSA) and in Trnava (300 000 units), while no corresponding capacity cuts at other European plants are foreseen. Consequently, the regional handicap ratio resulting from the CBA will be reduced by 2 % (high impact on competition for an investment project in an 87(3)(c) region, resulting in a final ratio of 10,44 %.
VI. CONCLUSION
(52)
The aid intensity of the project (9,81 % gross grant equivalent) is less than both the disadvantage identified by the cost-benefit/top up analysis (10,44 %) and the regional aid ceiling (10 % net grant equivalent). The regional aid that the United Kingdom plans to grant for PCA UK therefore fulfils the criteria to be considered compatible with the common market under Article 87(3)(c) of the Treaty,
HAS ADOPTED THIS DECISION:
Article 1
The State aid which the United Kingdom is planning to implement for Peugeot Citroën Automobiles UK Ltd in Ryton, amounting to nominal GBP 19,100 million gross grant equivalent, with an actualised value of GBP 14,411 million gross grant equivalent (base year 2002, discount rate 6,01 %) for an eligible investments of GPB 187,760 million in nominal values (GBP 146,837 million in actualised values) is compatible with the common market within the meaning of Article 87(3)(c) of the Treaty.
Article 2
This Decision is addressed to the United Kingdom of Great Britain and Northern Ireland.
Done at Brussels, 22 September 2004.
|
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*****
COMMISSION REGULATION (EEC) No 2594/87
of 27 August 1987
amending Regulation (EEC) No 1678/85 as regards the agricultural conversion rates for the pigmeat sector in Greece
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1677/85 of 11 June 1985 on monetary compensatory amounts in agriculture (1), as last amended by Regulation (EEC) No 1889/87 (2), and in particular Article 12 thereof,
Whereas Article 6a of Regulation (EEC) No 1677/85 lays down that the agricultural conversion rates of a Member State should, in accordance with the procedure provided for in Article 12 of that Regulation, be adjusted so as to avoid the creation of new monetary compensatory amounts;
Whereas the trend in the market rate of the Greek drachma would normally lead to an increase in the compensatory amounts applicable to the United Kingdom in the pigmeat sector with effect from 31 August 1987 in the light of the change in the agricultural conversion rate determined by Council Regulation (EEC) No 1678/85 (3), in the version as amended by Regulation (EEC) No 1953/87 (4); whereas, in order to avoid this consequence, the agricultural conversion rate should be adjusted so as to avoid the creation of such new monetary compensatory amounts;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the relevant Management Committees,
HAS ADOPTED THIS REGULATION:
Article 1
In Annex IV of Regulation (EEC) No 1678/85, as last amended by Regulation (EEC) No 1953/87, the line relating to pigmeat is hereby replaced by the following:
1.2,5 // // // Products // Agricultural conversion rates // // // 1.2.3.4.5 // // 1 ECU = . . . Dr // Applicable until // 1 ECU = . . . Dr // Applicable for // // // // // // 'Pigmeat // 117,901 // 30 August 1987 // 119,008 // 31 August 1987' // // // // //
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities
It shall apply with effect from 31 August 1987.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 August 1987.
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COMMISSION REGULATION (EU) No 314/2010
of 15 April 2010
fixing the import duties in the cereals sector applicable from 16 April 2010
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 1249/96 of 28 June 1996 laying down detailed rules for the application of Council Regulation (EEC) No 1766/92 in respect of import duties in the cereals sector (2), and in particular Article 2(1) thereof,
Whereas:
(1)
Article 136(1) of Regulation (EC) No 1234/2007 states that the import duty on products falling within CN codes 1001 10 00, 1001 90 91, ex 1001 90 99 (high quality common wheat), 1002, ex 1005 other than hybrid seed, and ex 1007 other than hybrids for sowing, is to be equal to the intervention price valid for such products on importation increased by 55 %, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the rate of duty in the Common Customs Tariff.
(2)
Article 136(2) of Regulation (EC) No 1234/2007 lays down that, for the purposes of calculating the import duty referred to in paragraph 1 of that Article, representative cif import prices are to be established on a regular basis for the products in question.
(3)
Under Article 2(2) of Regulation (EC) No 1249/96, the price to be used for the calculation of the import duty on products of CN codes 1001 10 00, 1001 90 91, ex 1001 90 99 (high quality common wheat), 1002 00, 1005 10 90, 1005 90 00 and 1007 00 90 is the daily cif representative import price determined as specified in Article 4 of that Regulation.
(4)
Import duties should be fixed for the period from 16 April 2010 and should apply until new import duties are fixed and enter into force,
HAS ADOPTED THIS REGULATION:
Article 1
From 16 April 2010, the import duties in the cereals sector referred to in Article 136(1) of Regulation (EC) No 1234/2007 shall be those fixed in Annex I to this Regulation on the basis of the information contained in Annex II.
Article 2
This Regulation shall enter into force on 16 April 2010.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 15 April 2010.
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COMMISSION REGULATION (EC) No 640/2007
of 11 June 2007
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables (1), and in particular Article 4(1) thereof,
Whereas:
(1)
Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.
(2)
In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 12 June 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 June 2007.
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Commission Regulation (EC) No 2590/2001
of 21 December 2001
approving operations to checks conformity to the marketing standards applicable to fresh fruit and vegetables carried out in Switzerland prior to import into the European Community
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organisation of the market in fruit and vegetables(1), as last amended by Commission Regulation (EC) No 911/2001(2), and in particular Article 10 thereof,
Whereas:
(1) Commission Regulation (EC) No 1148/2001 of 12 June 2001 on checks on conformity to the marketing standards applicable to fresh fruit and vegetables(3), as amended by Regulation (EC) No 2379/2001(4), lays down the conditions under which the Commission may approve checking operations performed by certain third countries which so request prior to import into the Community, in compliance with the conditions laid down in Article 7 of Regulation (EC) No 1148/2001.
(2) The Swiss authorities have sent the Commission a request for the approval of checking operations performed by Qualiservice under the responsibility of the Office fédéral de l'agriculture. This states that that establishment has the necessary staff, equipment and facilities to carry out checks, that is uses methods equivalent to those referred to in Article 9 of Regulation (EC) No 1148/2001 and that the fresh fruit and vegetables exported from Switzerland to the Community must meet the Community marketing standards.
(3) The information sent by the Member States and in the possession of the Commission shows that, in the period 1997 to 2000, imports of fresh fruit and vegetables from Switzerland presented a relatively low incidence of non-conformity with the marketing standards.
(4) For a number of years the Swiss inspection bodies, and their supervisory authorities, have been regular participants in international efforts to agree trading standards for fruit and vegetables, such as the Working Party on Standardisation of Perishable Produce and Quality Development of the United Nations Economic Commission for Europe (UNECE) and the OECD Scheme for the Application of International Standards for Fruit and Vegetables.
(5) Imports of fresh fruit and vegetables by Switzerland from the Community are not subject to a quality check prior to release for free circulation on the Swiss market.
(6) Annex 10 to the Agreement on Trade in Agricultural Products between the European Community and the Swiss Confederation stipulates that the controls performed under the responsibility of the Office fédéral de l'agriculture are to be recognised by the Community, including those on products originating in the Community and re-exported from Switzerland into the Community. The relevant provisions of that Agreement should be implemented before they become applicable and consequently a derogation should be granted from Regulation (EC) No 1148/2001 as regards the origin of eligible products.
(7) 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
1. Checks on conformity to the marketing standards carried out by Switzerland on fresh fruit and vegetables from Switzerland shall be approved in accordance with the conditions laid down in Article 7(1) of Regulation (EC) No 1148/2001.
2. By derogation from Article 7(1) of Regulation (EC) No 1148/2001, paragraph 1 shall also apply to fruit and vegetables originating in the Community re-exported from Switzerland to the Community.
3. Paragraphs 1 and 2 shall not apply to citrus fruit.
Article 2
The official correspondent in Switzerland, under whose responsibility the checking operations are performed, and the inspection bodies in charge of carrying out those checks, as referred to in Article 7(2) of Regulation (EC) No 1148/2001, are given in Annex I to this Regulation.
Article 3
The certificates referred to in the second subparagraph of Article 7(3) of Regulation (EC) No 1148/2001, issued following the checks referred to in Article 1 of this Regulation, must be drawn up on forms in conformity with the model given in Annex II to this Regulation.
Article 4
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.
It shall apply from the date of publication in the C series of the Official Journal of the European Communities of the notice referred to in Article 7(8) of Regulation (EC) No 1148/2001 relating to the establishment of administrative cooperation between the European Community and Switzerland.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 December 2001.
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Commission Regulation (EC) No 1489/2002
of 14 August 2002
setting out the duties applicable from 1 January 2002 to 31 December 2002 on the importation into the Community of certain goods from Hungary covered by Council Regulation (EC) No 3448/93
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3448/93 of 6 December 1993 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products(1), as last amended by Regulation (EC) No 2580/2000(2), and in particular Article 7(4) thereof,
Whereas:
(1) Protocol 3 to the Europe Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Republic of Hungary, of the other part, approved by Decision 93/742/Euratom, ECSC, EC of the Council and the Commission(3), lays down the trade arrangements for the processed agricultural products which are listed therein.
(2) That Protocol was amended by Decision No 2/2002 of the EC-Hungary Association Council of 16 April 2002 on the improvement of the trade arrangements for processed agricultural products envisaged by Protocol 3 to the Europe Agreement(4), by which a reduction of the duties applicable to imports of certain goods originating in Hungary was provided with effect from 1 January 2002.
(3) The duties applicable from 1 January 2002 to 31 December 2002 should therefore be established in accordance with Protocol 3 on imports of certain goods resulting from the processing of agricultural products originating in Hungary,
HAS ADOPTED THIS REGULATION:
Article 1
The duties applicable from 1 January 2002 to 31 December 2002 to the importation of goods originating in Hungary, covered by Table 2a and Table 2b of Annex I to Protocol 3 to the Europe Agreement, are set out in Annexes I, II and III.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply from 1 January 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 August 2002.
|
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COUNCIL DECISION
of 9 October 2007
abrogating Decision 2006/125/EC on the existence of an excessive deficit in the United Kingdom
(2007/738/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 104(12) thereof,
Having regard to the recommendation from the Commission,
Whereas:
(1)
In its Decision 2006/125/EC (1), following a recommendation from the Commission in accordance with Article 104(6) of the Treaty, the Council decided that an excessive deficit existed in the United Kingdom. The Council noted that in financial year 2004/2005 (2) the general government deficit was 3,2 % of GDP, above the 3 % of GDP Treaty reference value, while general government gross debt stood at 40,8 % of GDP, well below the 60 % of GDP Treaty reference value.
(2)
On 24 January 2006, in accordance with Article 104(7) of the Treaty and Article 3(4) of Council Regulation (EC) No 1467/97 of 7 July 1997 on speeding up and clarifying the implementation of the excessive deficit procedure (3), the Council made, based on a recommendation from the Commission, a recommendation addressed to the United Kingdom that the excessive deficit situation should be brought to an end by 2006/2007 at the latest. The recommendation was made public.
(3)
In accordance with Article 104(12) of the Treaty, a Council Decision on the existence of an excessive deficit is to be abrogated when the excessive deficit in the Member State concerned has, in the view of the Council, been corrected.
(4)
In accordance with the Protocol on the excessive deficit procedure annexed to the Treaty, the Commission provides the data for the implementation of the procedure. As part of the application of this Protocol, Member States are to notify data on government deficits and debt and other associated variables twice a year, namely before 1 April and before 1 October, in accordance with Article 4 of Council Regulation (EC) No 3605/93 of 22 November 1993 on the application of the Protocol on the excessive deficit procedure annexed to the Treaty establishing the European Community (4). In view of the fact that the data notified in March 2007 for budgetary year 2006/2007 were government projections, the United Kingdom submitted in the context of its excessive deficit procedure a supplementary notification. This, received on 16 July 2007, reports actual outturns for 2006/2007, which has enabled the Commission to assess budgetary developments in the United Kingdom relative to the Council recommendation on bringing the excessive deficit situation to an end by 2006/2007 at the latest.
(5)
Based on data provided by the Commission (Eurostat) in accordance with Article 8g(1) of Regulation (EC) No 3605/93 following the notification by the United Kingdom on 16 July 2007 and on the Commission services' spring 2007 forecast, the following conclusions are warranted:
-
the general government deficit was reduced from 3,2 % of GDP in 2005/2006 to 2,7 % in 2006/2007, below the 3 % of GDP deficit reference value. This is slightly below the projection of 2,8 % of GDP set in the December 2005 update of the United Kingdom's convergence programme,
-
fiscal consolidation in 2006/2007 resulted from an increase in the revenue ratio of 0,4 percentage points of GDP, especially through higher corporate tax revenues. Total government expenditure between 2005/2006 and 2006/2007 grew in line with nominal GDP, although capital spending was lower than projected in the December 2006 convergence programme and current expenditure higher. Compared with 2005/2006, during which year the imputation of a one-off transaction reduced the deficit by 0,3 % of GDP, the improvement in the structural balance (i.e. the cyclically-adjusted balance net of one-off and other temporary measures) in 2006/2007 is estimated at 0,7 % of GDP,
-
for 2007/2008, in line with the deficit projection published in the Budget of March 2007, the Commission services' spring 2007 forecast projects the deficit to be reduced further, to 2,6 % of GDP, driven by a rise in the revenue ratio, specifically the tax burden, which is however almost completely offset by a rise in the expenditure ratio. This deficit ratio is higher than the official deficit projection of 2,3 % of GDP set in the December 2006 update of the convergence programme, on account of a downward revision in corporate taxation revenue. For 2008/2009, the spring forecast projects, on a no-policy change basis, a further decline in the deficit to 2,4 % of GDP. This profile indicates that the deficit has been brought below the 3 % of GDP ceiling in a credible and sustainable manner. In structural terms, the general government deficit is projected to fall by 0,2 percentage points of GDP in 2007/2008 and, on a no-policy change basis, by 0,3 percentage points in 2008/2009. This indicates a rather modest path of future consolidation relative to the favourable economic environment forecast,
-
government debt increased from 39,6 % of GDP in 2004/2005 to 42,5 % in 2006/07. According to the Commission services' spring 2007 forecast, the debt ratio is projected to increase to around 43,9 % by end-March 2009, but remaining well below the 60 % of GDP reference value. A further strengthening of the fiscal position beyond that forecast for 2008/2009 will be required to halt the increase in the debt ratio.
(6)
In the view of the Council, the excessive deficit in the United Kingdom has been corrected and Decision 2006/125/EC should therefore be abrogated,
HAS ADOPTED THIS DECISION:
Article 1
From an overall assessment it follows that the excessive deficit situation in the United Kingdom has been corrected.
Article 2
Decision 2006/125/EC is hereby abrogated.
Article 3
This Decision is addressed to the United Kingdom of Great Britain and Northern Ireland.
Done at Luxembourg, 9 October 2007.
|
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COMMISSION REGULATION (EC) No 1256/2004
of 5 May 2004
prohibiting fishing for common haddock by vessels flying the flag of Germany
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:
(1)
Council Regulation (EC) No 2287/2003 of 19 December 2003, fixing for 2004 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required (2), lays down quotas for haddock for 2004.
(2)
In order to ensure compliance with the provisions relating to the quantity limits on catches of stocks subject to quotas, the Commission must fix the date by which catches made by vessels flying the flag of a Member State are deemed to have exhausted the quota allocated.
(3)
According to the information received by the Commission, catches of haddock in the waters of ICES sub-areas I and II (Norwegian zone) by vessels flying the flag of Germany or registered in Germany have exhausted the quota allocated for 2004. Germany has prohibited fishing for this stock from 9 April 2004. This date should be adopted in this Regulation also,
HAS ADOPTED THIS REGULATION:
Article 1
Catches of haddock in the waters of ICES sub-areas I and II (Norwegian zone) by vessels flying the flag of Germany or registered in Germany are hereby deemed to have exhausted the quota allocated to Germany for 2004.
Fishing for haddock in the waters of ICES sub-areas I and II (Norwegian zone) by vessels flying the flag of Germany or registered in Germany is hereby prohibited, as are the retention on board, transshipment and landing of this stock caught by the above vessels after the date of application of this Regulation.
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
It shall apply from 9 April 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 5 May 2004.
|
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Commission Regulation (EC) No 2276/2003
of 22 December 2003
opening tariff quotas and laying down the duties applicable within these tariff quotas for imports into the European Community of certain processed agricultural products originating in Egypt
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3448/93 of 6 December 1993 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products(1), as last amended by Regulation (EC) No 2580/2000(2), in particular Article 7(2) thereof,
Whereas:
(1) Pending conclusion of the procedure for ratification and entry into force of the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and Egypt, of the other, signed on 25 June 2001, an agreement in the form of an Exchange of Letters has been concluded regarding the provisional application of the trade provisions set out in the Euro-Mediterranean Association Agreement with Egypt, hereafter referred to as "the Agreement", which enters into force on 1 January 2004. The Council has approved the Agreement by its Decision of 19 December 2003 concerning the provisional application of the trade provisions and the accompanying measures of the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and Egypt, of the other(3).
(2) The Agreement will replace the trade provisions laid down in the Cooperation Agreement between the Member States of the European Economic Community and Egypt signed in Brussels on 18 January 1977(4) and in the Agreement between the Member States of the European Coal and Steel Community and Egypt, signed in Brussels on 18 January 1977(5).
(3) The trade provisions set out in the Agreement provide for the application of mutual concessions regarding import duties for certain processed agricultural products.
(4) The Community concessions relate to imports of certain processed agricultural products originating in Egypt. These concessions take the form of a total exemption from duties, an exemption from ad valorem duties and a reduction in specific duties in the context of annual tariff quotas.
(5) The annual tariff quotas based on the Agreement should be opened. The duties applicable within these annual tariff quotas must be the subject of a specific calculation. The calculation must be made in accordance with Commission Regulation (EC) No 1460/96 of 25 July 1996 establishing the detailed rules for implementing the preferential trade arrangements applicable to certain goods resulting from the processing of agricultural products, as provided for in Article 7 of Council Regulation (EC) No 3448/93(6).
(6) 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(7) lays down the rules for managing tariff quotas. The tariff quotas opened by the present Regulation must be managed in accordance with those rules.
(7) 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 to the Treaty,
HAS ADOPTED THIS REGULATION:
Article 1
The annual quotas for products originating in Egypt set out in Annex I are hereby opened from 1 January 2004 to 31 December 2004 and from 1 January to 31 December of the following years under the conditions set out in that Annex.
Article 2
The Community tariff quotas referred to in Article 1 shall be managed by the Commission in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93.
Article 3
The duties applicable within the tariff quotas from 1 January 2004 on imports of goods originating in Egypt covered by Annex II, table 3, of Protocol 3 to the Agreement between the Community and Egypt are set out in Annexes I, II and III to this Regulation.
Article 4
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 December 2003.
|
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Commission Regulation (EC) No 292/2002
of 15 February 2002
amending Regulation (EC) No 1614/2000 derogating from Regulation (EEC) No 2454/93 in respect of the definition of the concept of originating products used for the purposes of the scheme of generalised preferences to take account of the special situation of Cambodia regarding certain exports of textiles to the Community
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), and in particular Article 247 thereof,
Whereas:
(1) By Council Regulation (EC) No 2501/2001 of 10 December 2001 applying a scheme of generalised tariff preferences for the period 1 January 2002 to 31 December 2004(3), the Community granted generalised tariff preferences to Cambodia.
(2) 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(4), as last amended by Regulation (EC) No 993/2001(5), establishes the definition of the concept of originating products to be used for the purposes of the scheme of generalised tariff preferences (GSP). However Regulation (EEC) No 2454/93 provides for derogations in favour of least-developed GSP-beneficiary countries which submit an appropriate request to that effect to the Community.
(3) Cambodia has benefited from such a derogation for certain textiles since 1997, in the last instance by virtue of Commission Regulation (EC) No 1614/2000 of 24 July 2000 derogating from Regulation (EEC) No 2454/93 in respect of the definition of the concept of originating products used for the purposes of the scheme of generalised preferences to take account of the special situation of Cambodia regarding certain exports of textiles to the Community(6), which applied for the period 15 July 2000 to 31 December 2001. It has submitted a request for the renewal of the derogation.
(4) The provisions of Regulation (EC) No 1614/2000, in particular the existence of quantitative conditions, which apply on an annual basis, reflecting the Community market's capacity to absorb the Cambodian products, Cambodia's export capacity and actual recorded trade flows, were designed to prevent injury to the corresponding branches of Community industry.
(5) The request submitted by Cambodia has been considered by the Commission and has been found to be duly substantiated. The derogation should therefore be renewed. Moreover, the interests of traders both in Cambodia and in the Community concluding contracts in particular, and the stability and the sustained development of the Cambodian industry in terms of ongoing investment and employment, require that the provisions of Regulation (EC) No 1614/2000 should continue to apply without interruption when the derogation provided for therein expires. Furthermore, the derogation should be granted for a longer period of time than hitherto, but not beyond 31 December 2004, when the current GSP scheme expires.
(6) In order to allow more efficient monitoring of the operation of the derogation, the authorities of Cambodia should communicate regularly to the Commission details of certificates of origin issued.
(7) Regulation (EC) No 1614/2000 should therefore be amended accordingly.
(8) The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 1614/2000 is amended as follows:
1. In Article 2, "31 December 2001" is replaced by "31 December 2004".
2. Article 5 is replaced by the following: "Article 5
1. The competent authorities of Cambodia shall take the necessary steps to carry out quantitative checks on exports of the products referred to in Article 1.
2. The following shall be entered in box 4 of certificates of origin form A issued by the competent authorities of Cambodia pursuant to this Regulation: 'Derogation - Regulation (EC) No 1614/2000'.
3. The competent authorities of Cambodia shall forward to the Commission every month a statement of the quantities in respect of which certificates of origin form A have been issued pursuant to this Regulation and the serial numbers of those certificates."
Article 2
This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Communities.
It shall apply from 1 January 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 15 February 2002.
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COMMISSION REGULATION (EC) No 1175/2006
of 31 July 2006
on the issue of system B export licences in the fruit and vegetables sector (lemons)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organisation of the market in fruit and vegetables (1),
Having regard to Commission Regulation (EC) No 1961/2001 of 8 October 2001 on detailed rules for implementing Council Regulation (EC) No 2200/96 as regards export refunds on fruit and vegetables (2), and in particular Article 6(6) thereof,
Whereas:
(1)
Commission Regulation (EC) No 858/2006 (3) fixes the indicative quantities for which system B export licences may be issued.
(2)
In the light of the information available to the Commission today, there is a risk that the indicative quantities laid down for the current export period for lemons will shortly be exceeded. This overrun will prejudice the proper working of the export refund scheme in the fruit and vegetables sector.
(3)
To avoid this situation, applications for system B licences for lemons after 31 July 2006 should be rejected until the end of the current export period,
HAS ADOPTED THIS REGULATION:
Article 1
Applications for system B export licences for lemons submitted pursuant to Article 1 of Regulation (EC) No 858/2006, export declarations for which are accepted after 31 July 2006 and before 1 November 2006, are hereby rejected.
Article 2
This Regulation shall enter into force on 1 August 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 31 July 2006.
|
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****
( 1 ) OJ NO L 131 , 26 . 5 . 1977 , P . 6 .
COMMISSION REGULATION ( EEC ) NO 723/78
OF 10 APRIL 1978
CONCERNING PROMOTIONAL , PUBLICITY AND MARKET RESEARCH MEASURES WITHIN THE COMMUNITY IN RESPECT OF MILK AND MILK PRODUCTS
THE COMMISSION OF THE EUROPEAN
COMMUNITIES ,
HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,
HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 1079/77 OF 17 MAY 1977 ON A CO-RESPONSIBILITY LEVY AND ON MEASURES FOR EXPANDING THE MARKETS IN MILK AND MILK PRODUCTS ( 1 ), AND IN PARTICULAR ARTICLE 4 THEREOF ,
WHEREAS MEASURES HAVE BEEN TAKEN UNDER ARTICLE 4 OF REGULATION ( EEC ) NO 1079/77 TO EXPAND THE MARKETS FOR MILK PRODUCTS ; WHEREAS IN THE ANNUAL PROGRAMME OF SUCH MEASURES COMMUNICATED TO THE COUNCIL UNDER ARTICLE 4 ( 3 ) THEREOF , THE COMMISSION , AFTER CONSULTATION WITH THE ADVISORY COMMITTEE FOR MILK AND MILK PRODUCTS , OUTLINED ITS INTENTION TO ADOPT INTER ALIA MEASURES DESIGNED TO EXPAND THE MARKET FOR MILK AND MILK PRODUCTS WITHIN THE COMMUNITY BY MEANS OF PROMOTIONAL , PUBLICITY AND MARKET RESEARCH MEASURES ; WHEREAS DETAILED RULES FOR THE APPLICATION OF THESE MEASURES SHOULD THEREFORE BE LAID DOWN ;
WHEREAS , FOR THE PROPOSED PUBLICITY AND PROMOTIONAL CAMPAIGNS , IT APPEARS APPROPRIATE TO INVITE THE ORGANIZATIONS REPRESENTING THE DAIRY SECTOR OF ONE OR MORE MEMBER STATES OR OF THE COMMUNITY TO PROPOSE DETAILED PROGRAMMES ; WHEREAS IT IS NECESSARY TO LAY DOWN CRITERIA FOR SUCH PROGRAMMES ; WHEREAS IN PARTICULAR THE PROMOTIONAL MEASURES MUST NOT REPLACE SIMILAR EXISTING MEASURES , BUT , WHERE APPROPRIATE , WIDEN THEM ;
WHEREAS COMMUNITY FINANCING SHOULD BE LIMITED TO A PROPORTION OF THE ADDITIONAL EXPENDITURE INCURRED BY THESE CAMPAIGNS ; WHEREAS COMMUNITY FUNDS MUST BE ALLOCATED EQUITABLY TAKING ACCOUNT , IN PARTICULAR OF THE RELATIONSHIP BETWEEN THE POPULATION , PRODUCTION AND CONSUMPTION OF MILK AND MILK PRODUCTS IN EACH MEMBER STATE AND IN THE COMMUNITY AS A WHOLE ;
WHEREAS IN THE CASE OF RESEARCH INTO NEW MARKETS AND PRODUCTS IT APPEARS APPROPRIATE TO INVITE RESEARCH INSTITUTES , ORGANIZATIONS AND UNDERTAKINGS POSSESSING THE NECESSARY QUALIFICATIONS AND EXPERIENCE TO SUBMIT DETAILED PROPOSALS ; WHEREAS THERE SHOULD BE ONLY PARTIAL COMMUNITY FINANCING OF EXPENDITURE INCURRED BY SUCH RESEARCH WORK ;
WHEREAS DETAILED RULES SHOULD BE LAID DOWN CONCERNING THE DURATION OF THE MEASURES AND THE PAYMENT OF COMMUNITY FUNDS TO THOSE WHOSE PROPOSALS ARE ACCEPTED ; WHEREAS , IN ADDITION , THE COMMISSION SHOULD BE KEPT INFORMED OF THE RESULTS OF THE MEASURES PROVIDED FOR IN THIS REGULATION ; WHEREAS THESE MEASURES SHOULD BE CONSIDERED AS FORMING PART OF INTERVENTION PURSUANT TO ARTICLE 5 ( 1 ) OF REGULATION ( EEC ) NO 1079/77 ; WHEREAS THE INTERVENTION AGENCIES SHOULD BE MADE RESPONSIBLE FOR SUPERVISING THE EXECUTION OF SUCCESSFUL PROPOSALS AND FOR MAKING THE RELEVANT PAYMENTS ;
WHEREAS THE MANAGEMENT COMMITTEE FOR MILK AND MILK PRODUCTS HAS NOT DELIVERED AN OPINION WITHIN THE TIME LIMIT SET BY ITS CHAIRMAN ,
HAS ADOPTED THIS REGULATION :
ARTICLE 1
1 . THERE SHALL BE UNDERTAKEN , UNDER THE CONDITIONS LAID DOWN IN THIS REGULATION :
( A ) PUBLICITY AND PROMOTIONAL MEASURES IN FAVOUR OF THE HUMAN CONSUMPTION OF MILK AND MILK PRODUCTS IN THE COMMUNITY ; THE DRAWING UP OF RELEVANT PUBLICATIONS , THE COLLECTION OF EXISTING PUBLICATIONS AND THE DISSEMINATION OF THE PUBLICATIONS CONCERNED THROUGHOUT THE WHOLE COMMUNITY SHALL INTER ALIA BE CONSIDERED AS SUCH MEASURES ;
( B ) RESEARCH WORK DESIGNED TO EXPAND COMMUNITY MARKETS FOR MILK AND MILK PRODUCTS ; THE SEARCH FOR NEW OR IMPROVED PRODUCTS AND THE SCIENTIFIC EXAMINATION OF THE NUTRITIONAL ASPECT OF THE CONSUMPTION OF MILK AND ITS CONSTITUENTS SHALL INTER ALIA BE CONSIDERED AS SUCH WORK .
2 . THE MEASURES REFERRED TO IN PARAGRAPH 1 SHALL BE COMPLETED BY 31 MARCH 1979 , WITHOUT PREJUDICE TO THE SECOND SUBPARAGRAPH OF ARTICLE 5 ( 2 ). HOWEVER , IN EXCEPTIONAL CASES , A LONGER PERIOD MAY BE GRANTED IN ACCORDANCE WITH ARTICLE 6 ( 1 ) TO GUARANTEE THE GREATEST DEGREE OF EFFECTIVENESS TO THE MEASURE IN QUESTION .
ARTICLE 2
1 . PUBLICITY AND PROMOTIONAL MEASURES REFERRED TO IN ARTICLE 1 ( 1 ) ( A ) SHALL :
( A ) BE PROPOSED AND CARRIED OUT BY ORGANIZATIONS REPRESENTING THE DAIRY SECTOR IN ONE OR MORE MEMBER STATES OR IN THE COMMUNITY ;
( B ) BE LIMITED TO THE TERRITORY OF THE MEMBER STATE OR MEMBER STATES WHOSE DAIRY SECTOR IS REPRESENTED BY THE ORGANIZATION CONCERNED ; HOWEVER , IN EXCEPTIONAL CASES , IN THE LIGHT OF THE PROPOSALS RECEIVED , A DECISION MAY BE TAKEN TO WAIVE THIS CONDITION IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 30 OF REGULATION ( EEC ) NO 804/68 ;
( C ) - MAKE USE OF THE PUBLICITY AIDS BEST SUITED TO ENSURE MAXIMUM EFFECTIVENESS FOR THE MEASURE UNDERTAKEN ,
- TAKE ACCOUNT OF THE PARTICULAR CONDITIONS OBTAINING WITH REGARD TO THE MARKETING AND CONSUMPTION OF MILK AND MILK PRODUCTS IN THE VARIOUS REGIONS OF THE COMMUNITY ,
- BE COLLECTIVE AND NOT BRAND ORIENTATED ,
- PROMOTE COMMUNITY MILK PRODUCTS WITHOUT REFERENCE TO THEIR COUNTRY OR REGION OF MANUFACTURE ; HOWEVER , THIS CONDTION SHALL NOT APPLY TO PRODUCTS THE MANUFACTURE WHEREOF IS LIMITED TO A SPECIFIED AREA ,
- NOT REPLACE SIMILAR MEASURES , BUT , WHERE APPROPRIATE , WIDEN THEM .
2 . COMMUNITY FINANCING SHALL BE LIMITED TO 90 % OF EXPENDITURE INCURRED BY A MEASURE WITHIN THE MEANING OF PARAGRAPH 1 IF THE ORGANIZATION IN QUESTION HAS NOT PREVIOUSLY FINANCED SUCH MEASURES DURING THE PERIOD 1 JANUARY 1975 TO 31 DECEMBER 1977 .
IN THE CASE OF THE WIDENING OF A MEASURE IN EXISTENCE BEFORE THE LAST-MENTIONED DATE , COMMUNITY FINANCING SHALL BE LIMITED TO 90 % OF THE AMOUNT IN EXCESS OF THE TOTAL AVERAGE ANNUAL EXPENDITURE OF THE SAME KIND BY THE ORGANIZATION IN QUESTION DURING THE PERIOD 1 JANUARY 1975 TO 31 DECEMBER 1977 , IRRESPECTIVE OF ANY CHANGE IN THE LEGAL FORM OF THE SAID ORGANIZATION .
3 . COMMUNITY CONTRIBUTIONS TO EXPENDITURE INCURRED BY THE MEASURES PROVIDED FOR IN THIS ARTICLE SHALL BE ALLOCATED EQUITABLY BETWEEN MEMBER STATES , TAKING ACCOUNT IN PARTICULAR OF THEIR POPULATION , PRODUCTION AND CONSUMPTION OF MILK AND MILK PRODUCTS .
ARTICLE 3
1 . THE RESEARCH WORK REFERRED TO IN ARTICLE 1 ( 1 ) ( B ) SHALL BE PROPOSED AND CARRIED OUT BY RESEARCH INSTITUTES , ORGANIZATIONS OR UNDERTAKINGS WHICH :
( A ) HAVE THE NECESSARY QUALIFICATIONS AND EXPERIENCE ;
( B ) GIVE SUITABLE GUARANTEES TO ENSURE THE SATISFACTORY COMPLETION OF THE WORK .
2 . COMMUNITY FINANCING SHALL BE LIMITED TO 90 % OF EXPENDITURE INCURRED BY THE WORK REFERRED TO IN PARAGRAPH 1 .
ARTICLE 4
1 . THE PARTIES SPECIFIED IN ARTICLES 2 ( 1 ) ( A ) AND 3 ( 1 ) ( A ) RESPECTIVELY SHALL BE INVITED TO TRANSMIT TO THE COMPETENT AUTHORITY APPOINTED BY THEIR MEMBER STATE , HEREINAFTER CALLED ' THE INTERVENTION AGENCY ' , DETAILED PROPOSALS CONCERNING THE MEASURES REFERRED TO IN ARTICLE 1 ( 1 ).
WHERE THE PROPOSED MEASURES ARE UNDERTAKEN , WHOLLY OR IN PART , WITHIN THE TERRITORY OF A MEMBER STATE OTHER THAN THAT IN WHICH THE ORGANIZATION IN QUESTION HAS ITS HEAD OFFICE , THE SAID ORGANIZATION SHALL TRANSMIT A COPY OF ITS PROPOSAL TO THE INTERVENTION AGENCY OF THAT OTHER MEMBER STATE .
2 . THE PROPOSALS SHALL REACH THE INTERVENTION AGENCY CONCERNED :
( A ) BEFORE 1 MAY 1978 IN THE CASE OF THE PUBLICITY AND PROMOTIONAL ACTIVITIES REFERRED TO IN ARTICLE 2 ;
( B ) BEFORE 1 JULY 1978 IN THE CASE OF THE RESEARCH WORK REFERRED TO IN ARTICLE 3 .
3 . HOWEVER , A PROPOSAL CONCERNING A PROMOTIONAL AND PUBLICITY MEASURE MAY BE INTRODUCED IF IT INDICATES THAT IT WILL BE COMPLETED BEFORE 1 JULY 1978 SO AS TO COMPLY WITH THE CONDITIONS LAID DOWN IN ARTICLE 5 . IN THE EVENT OF NON-COMPLIANCE BY THE SAID DATE , THE PROPOSAL SHALL BE CONSIDERED NULL AND VOID .
4 . THE INTERVENTION AGENCIES SHALL SPECIFY THE OTHER RULES FOR SUBMISSION OF PROPOSALS IN A NOTICE WHICH SHALL BE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .
5 . WITHIN FIVE WORKING DAYS OF THE EXPIRY OF THE TIME LIMITS LAID DOWN IN PARAGRAPHS 2 AND 3 , THE INTERVENTION AGENCY SHALL TRANSMIT THE PROPOSALS RECEIVED TO THE COMMISSION , AND WHERE APPROPRIATE , ANY SUPPORTING DOCUMENTS .
THE INTERVENTION AGENCY MAY ADD ITS COMMENTS , IF ANY TO THE DOCUMENTS IN QUESTION .
ARTICLE 5
1 . THE COMPLETE PROPOSAL SHALL STATE :
( A ) THE NAME AND ADDRESS OF THE PARTY CONCERNED ;
( B ) ANY DETAILS CONCERNING THE MEASURES PROPOSED , INDICATING THE TIME REQUIRED FOR COMPLETION , THE EXPECTED RESULTS AND ANY THIRD PARTIES WHICH MAY BE INVOLVED ;
( C ) THE PRICE ASKED FOR THESE MEASURES , EXPRESSED IN THE CURRENCY OF THE MEMBER STATE ON WHOSE TERRITORY THE PARTY CONCERNED IS ESTABLISHED , GIVING AN ITEMIZED BREAKDOWN OF THIS AMOUNT AND SHOWING THE CORRESPONDING FINANCING PLAN ;
( D ) THE DESIRED FORM OF PAYMENT OF THE COMMUNITY CONTRIBUTION ( ARTICLE 8 ( 1 ) ( A ), ( B ) OR ( C )).
2 . THE DETAILS REFERRED TO IN PARAGRAPH 1 ( B ) AND ( C ) SHALL ONLY CONCERN MEASURES TO BE COMPLETED BY THE DATE REFERRED TO IN ARTICLE 1 ( 2 ).
HOWEVER , A PROPOSED MEASURE MAY FORM PART OF A GROUP OF MEASURES , PROVIDED THAT THE FINAL DATE FOR THE COMPLETION OF THESE MEASURES DOES NOT NORMALLY EXCEED 31 MARCH 1980 . IN THIS CASE , THE PROPOSAL SHALL ALSO INCLUDE , BY WAY OF INFORMATION , THE DETAILS REFERRED TO IN PARAGRAPH 1 ( B ) AND ( C ) IN RESPECT OF THE GROUP OF MEASURES .
3 . A PROPOSAL SHALL ONLY BE VALID WHERE :
( A ) IT IS SUBMITTED BY A PARTY FULFILLING THE CONDITIONS LAID DOWN IN ARTICLE 2 ( 1 ) ( A ) AND 3 ( 1 ) ( A ) RESPECTIVELY ;
( B ) IT IS ACCOMPANIED BY AN UNDERTAKING TO OBSERVE THE PROVISIONS OF THIS REGULATION AND THOSE CONTAINED IN THE LIST OF CLAUSES AND CONDITIONS REFERRED TO IN ARTICLE 7 .
ARTICLE 6
1 . AFTER EXAMINATION OF THE PROPOSALS BY THE MANAGEMENT COMMITTEE FOR MILK AND MILK PRODUCTS PURSUANT TO ARTICLE 31 OF REGULATION ( EEC ) NO 804/68 , THE COMMISSION SHALL CONCLUDE CONTRACTS FOR THE MEASURES REFERRED TO IN ARTICLE 1 ( 1 ) WITH THOSE PARTIES WHOSE PROPOSALS HAVE BEEN ACCEPTED .
PRIOR TO THE CONCLUSION OF A CONTRACT , THE PARTY CONCERNED MAY BE REQUESTED TO SUPPLY ADDITIONAL INFORMATION AND/OR DETAILS CONCERNING HIS PROPOSAL .
2 . THE INTERVENTION AGENCY SHALL INFORM EACH PARTY CONCERNED AS SOON AS POSSIBLE OF THE DECISION TAKEN IN RESPECT OF HIS PROPOSAL .
ARTICLE 7
1 . ON ACCEPTANCE OF A PROPOSAL IN ACCORDANCE WITH ARTICLE 6 , A LIST OF CLAUSES AND CONDITIONS SHALL BE DRAWN UP BY THE COMMISSION IN AT LEAST THREE COPIES AND SIGNED BY THE PARTY CONCERNED .
2 . THE LIST OF THE CLAUSES AND CONDITIONS SHALL FORM AN INTEGRAL PART OF THE CONTRACT REFERRED TO IN ARTICLE 6 ( 1 ) AND SHALL :
( A ) INCLUDE THE DETAILS REFERRED TO IN ARTICLE 5 ( 1 ) OR MAKE REFERENCE TO THEM ;
( B ) SUPPLEMENT THESE DETAILS , WHERE NECESSARY , BY ADDITIONAL CONDITIONS BY THE APPLICATION OF THE SECOND SUBPARAGRAPH OF ARTICLE 6 ( 1 ).
3 . THE COMMISSION SHALL SEND A COPY OF THE CONTRACT AND OF THE LIST OF CLAUSES AND CONDITIONS TO THE INTERVENTION AGENCY RESPONSIBLE FOR ENSURING THE OBSERVANCE OF THE AGREED CONDITIONS .
ARTICLE 8
1 . THE INTERVENTION AGENCY CONCERNED SHALL PAY TO THE PARTY IN QUESTION , IN ACCORDANCE WITH THE CHOICE GIVEN IN ITS PROPOSAL :
( A ) EITHER , WITHIN SIX WEEKS OF THE DATE OF SIGNATURE OF THE CONTRACT AND THE LIST OF CLAUSES AND CONDITIONS , A SINGLE PAYMENT ON ACCOUNT AMOUNTING TO 60 % OF THE AGREED COMMUNITY CONTRIBUTION ;
( B ) OR , AT TWO-MONTHLY INTERVALS , FOUR EQUAL INSTALMENTS EACH AMOUNTING TO 20 % OF THE AGREED COMMUNITY CONTRIBUTION , THE FIRST SUCH INSTALMENT BEING PAID WITHIN SIX WEEKS OF THE DATE OF SIGNATURE OF THE CONTRACT AND THE LIST OF CLAUSES AND CONDITIONS ;
( C ) OR , WITHIN SIX WEEKS OF THE DATE OF SIGNATURE OF THE CONTRACT AND THE LIST OF CLAUSES AND CONDITIONS , A SINGLE PAYMENT ON ACCOUNT AMOUNTING TO 80 % OF THE AGREED COMMUNITY CONTRIBUTION ; HOWEVER , THIS FORM OF PAYMENT MAY ONLY BE REQUIRED FOR MEASURES WHICH WILL BE FULLY COMPLETED WITHIN A MAXIMUM OF TWO MONTHS OF THE DATE OF SIGNATURE OF THE CONTRACTS AND THE LIST OF CLAUSES AND CONDITIONS .
2 . THE PAYMENT OF EACH INSTALMENT SHALL BE SUBJECT TO THE LODGING WITH THE INTERVENTION AGENCY OF A SECURITY EQUAL TO THE AMOUNT OF THE INSTALMENT , PLUS 10 % .
3 . THE SECURITIES SHALL ONLY BE RELEASED AND THE BALANCE PAID BY THE INTERVENTION AGENCY ON :
( A ) THE CONFIRMATION BY THE INTERVENTION AGENCY THAT THE PARTY CONCERNED HAS FULFILLED HIS OBLIGATIONS AS LAID DOWN IN THE LIST OF CLAUSES AND CONDITIONS ;
( B ) THE TRANSMISSION TO THE COMMISSION AND TO THE INTERVENTION AGENCY OF THE REPORT REFERRED TO IN ARTICLE 9 ( 1 ) AND ON VERIFICATION OF THE DETAILS CONTAINED IN THIS REPORT BY THE INTERVENTION AGENCY ; AND
( C ) PROOF BEING FURNISHED THAT THE PARTY CONCERNED HAS SPENT HIS OWN CONTRIBUTION FOR THE PURPOSES LAID DOWN .
4 . TO THE EXTENT THAT THE CONDITIONS SET OUT IN PARAGRAPH 3 ARE NOT FULFILLED , THE SECURITIES SHALL BE FORFEITED . IN THIS EVENT , THE AMOUNT IN QUESTION SHALL BE DEDUCTED FROM EAGGF GUARANTEE SECTION EXPENDITURE AND MORE PARTICULARLY FROM THAT ARISING OUT OF THE MEASURES REFERRED TO IN ARTICLE 4 OF REGULATION ( EEC ) NO 1079/77 .
ARTICLE 9
1 . EACH PARTY RESPONSIBLE FOR ONE OF THE MEASURES REFERRED TO IN ARTICLE 1 ( 1 ) SHALL SUBMIT TO THE COMMISSION AND TO THE INTERVENTION AGENCY CONCERNED , BEFORE 1 JUNE 1979 , A DETAILED REPORT ON THE UTILIZATION OF THE COMMUNITY FUNDS ALLOCATED AND ON THE RESULTS OF THE MEASURE IN QUESTION .
2 . IN THE CASE OF RESEARCH WORK INTO NEW MARKETS AND PRODUCTS , THE RESULTS MAY ONLY BE PUBLISHED WITH THE EXPRESS AUTHORIZATION OF THE COMMISSION .
ARTICLE 10
THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .
THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .
DONE AT BRUSSELS , 10 APRIL 1978 .
|
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COMMISSION DECISION of 15 July 1994 amending the information contained in the list in the Annex to Commission Regulation (EC) No 3438/93 establishing, for 1994, the list of vessels exceeding eight metres length overall and permitted to fish for sole within certain areas of the Community using beam trawls whose aggregate length exceeds nine metres (94/556/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 3094/86 of 7 October 1986 laying down certain technical measures for the conservation of fishery resources (1), as last amended by Regulation (EEC) No 3919/92 (2),
Having regard to Commission Regulation (EEC) No 3554/90 of 10 December 1990 adopting provisions for the establishment of the list of vessels exceeding eight metres overall which are permitted to fish for sole within certain areas of the Community using beam trawls of an aggregate length exceeding nine metres (3), as last amended by Regulation (EC) No 3407/93 (4), and in particular Article 2 thereof,
Whereas Commission Regulation (EC) No 3438/93 (5) establishes, for 1994, the list of vessels exceeding eight metres overall which are permitted to fish for sole within certain areas of the Community using beam trawls of an aggregate length exceeding nine metres as provided in Article 9 (3) (c) of Regulation (EEC) No 3094/86;
Whereas the authorities of the Member States concerned have applied for the information in the list provided for in Article 9 (3) (c) of Regulation (EEC) No 3094/86 to be amended; whereas the said authorities have provided all the information supporting their applications pursuant to Article 2 of Regulation (EEC) No 3554/90; whereas it has been found that the information complies with the requirements; whereas, therefore, the information in the list annexed to the Regulation should be amended,
HAS ADOPTED THIS DECISION:
Article 1
The information in the list annexed to Regulation (EC) No 3438/93 is amended as shown in the Annex hereto.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 15 July 1994.
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COMMISSION DECISION of 17 June 1996 adjusting the weightings applicable from 1 August, 1 September, 1 October, 1 November and 1 December 1995 to the remuneration of officials of the European Communities serving in third countries (96/394/Euratom, ECSC, EC)
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 and the conditions of employment of other servants of the Communities laid down by Regulation (EEC, Euratom, ECSC) No 259/68 (1), as last amended by Regulation (EC, Euratom, ECSC) No 2963/95 (2), and in particular the second paragraph of Article 13 of Annex X,
Whereas, pursuant to the first paragraph of Article 13 of Annex X to the Staff Regulations, Council Regulation (EC, Euratom, ECSC) No 579/96 (3) laid down the weightings to be applied from 1 July 1995 to the remuneration of officials serving in third countries, payable in the currency of their country of employment;
Whereas the Commission has made a number of adjustments to these weightings (4) in recent months, 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 August, 1 September, 1 October, 1 November and 1 December 1995 given that the statistics available to the Commission show that in certain third countries the variation in the costs 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,
DECIDES:
Sole Article
With effect from 1 August, 1 September, 1 October, 1 November and 1 December 1995 the weightings applicable to the remuneration of officials serving in third countries payable in the currency of their country of employment are adjusted as shown in the Annex.
The exchange rates for the calculation of such remuneration shall be those used for implementation of the general budget of the European Communities for the month preceding the date referred to in the first paragraph.
Done at Brussels, 17 June 1996.
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COMMISSION REGULATION (EC) No 1305/2004
of 15 July 2004
fixing the export refunds on milk and milk products
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1), and in particular Article 31(3) thereof,
Whereas:
(1)
Article 31 of Regulation (EC) No 1255/1999 provides that the difference between prices in international trade for the products listed in Article 1 of that Regulation and prices for those products within the Community may be covered by an export refund within the limits resulting from agreements concluded in accordance with Article 300 of the Treaty.
(2)
Regulation (EC) No 1255/1999 provides that when the refunds on the products listed in Article 1 of the abovementioned Regulation, exported in the natural state, are being fixed, account must be taken of:
-
the existing situation and the future trend with regard to prices and availabilities of milk and milk products on the Community market and prices for milk and milk products in international trade,
-
marketing costs and the most favourable transport charges from Community markets to ports or other points of export in the Community, as well as costs incurred in placing the goods on the market of the country of destination,
-
the aims of the common organisation of the market in milk and milk products which are to ensure equilibrium and the natural development of prices and trade on this market,
-
the limits resulting from agreements concluded in accordance with Article 300 of the Treaty, and
-
the need to avoid disturbances on the Community market, and
-
the economic aspect of the proposed exports.
(3)
Article 31(5) of Regulation (EC) No 1255/1999 provides that when prices within the Community are being determined account should be taken of the ruling prices which are most favourable for exportation, and that when prices in international trade are being determined particular account should be taken of:
(a)
prices ruling on third-country markets;
(b)
the most favourable prices in third countries of destination for third-country imports;
(c)
producer prices recorded in exporting third countries, account being taken, where appropriate, of subsidies granted by those countries; and
(d)
free-at-Community-frontier offer prices.
(4)
Article 31(3) of Regulation (EC) No 1255/1999 provides that the world market situation or the specific requirements of certain markets may make it necessary to vary the refund on the products listed in Article 1 of the abovementioned Regulation according to destination.
(5)
Article 31(3) of Regulation (EC) No 1255/1999 provides that the list of products on which export refunds are granted and the amount of such refunds should be fixed at least once every four weeks; the amount of the refund may, however, remain at the same level for more than four weeks.
(6)
In accordance with Article 16 of Commission Regulation (EC) No 174/1999 of 26 January 1999 on specific detailed rules for the application of Council Regulation (EC) No 804/68 as regards export licences and export refunds on milk and milk products (2), the refund granted for milk products containing added sugar is equal to the sum of the two components; one is intended to take account of the quantity of milk products and is calculated by multiplying the basic amount by the milk products content in the product concerned; the other is intended to take account of the quantity of added sucrose and is calculated by multiplying the sucrose content of the entire product by the basic amount of the refund valid on the day of exportation for the products listed in Article 1(1)(d) of Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector (3), however, this second component is applied only if the added sucrose has been produced using sugar beet or cane harvested in the Community.
(7)
Commission Regulation (EEC) No 896/84 (4) laid down additional provisions concerning the granting of refunds on the change from one milk year to another; those provisions provide for the possibility of varying refunds according to the date of manufacture of the products.
(8)
For the calculation of the refund for processed cheese provision must be made where casein or caseinates are added for that quantity not to be taken into account.
(9)
It follows from applying the rules set out above to the present situation on the market in milk and in particular to quotations or prices for milk products within the Community and on the world market that the refund should be as set out in the Annex to this Regulation.
(10)
The Management Committee for Milk and Milk Products has not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
The export refunds referred to in Article 31 of Regulation (EC) No 1255/1999 on products exported in the natural state shall be as set out in the Annex.
Article 2
This Regulation shall enter into force on 16 July 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 15 July 2004.
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*****
COMMISSION DECISION
of 19 December 1984
concerning aid granted by the Netherlands Government to an engineering undertaking
(Only the Dutch text is authentic)
(85/351/EEC)
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular the first subparagraph of Article 93 (2) thereof,
Having given notice to the parties concerned to submit their comments in accordance with the above provision, and having regard to those comments,
Whereas:
I
By letter dated 20 July 1982, the Netherlands Government notified the Commission that it had had to grant aid amounting to Fl 294 million to an engineering undertaking to prevent it from becoming insolvent, as this would have led to its being wound up with the loss of many jobs.
The undertaking in question had been receiving State aids since 1977 as part of a restructuring programme aimed at terminating some of its shipbuilding, ship-repair and heavy engineering activities.
The Commission decided on 24 March 1979 and 16 March 1981 to raise no objection to the aids which the Netherlands Government proposed granting to the undertaking on the grounds that the restructuring programme submitted was such as to render the undertaking competitive and capable of operating without assistance, the aids would enable it to concentrate on developing profitable activities without seeing its results affected by the losses occasioned in the past mainly by shipbuilding and ship-repair, the restructuring was taking place without any increase in production in any of the various sectors of activity, and an analysis of the undertaking's product range and of trading patterns produced no indication at that time that trading conditions would be affected to an extent contrary to the common interest.
The aids which were the subject of the notification of 20 July 1982 were intended to cover losses incurred by the undertaking in the offshore sector, from which it proposed to withdraw. They were an extension of the aids granted in 1981, the total amount of which had exceeded the agreed limit by Fl 294 million. owing to the cancellation of a contract for a special type of dredging platform, the undertaking had sustained an unexpected loss of Fl 600 million inter alia because its contractual liability was incurred, which meant that the Government had to extend the commitment it had entered into in 1979 to make good a percentage of the undertaking's losses.
The Commission also established that the case in point involved the rescue of an undertaking experiencing difficulties as a result of mismanagement and unfavourable market conditions and that the aid in question seemed to pursue no objective of rationalization with a view to ensuring the future viability of the firm. By enabling the undertaking to pay off its debts, the aid made it possible to retain uneconomic production units in a market suffering from overcapacity.
It was considered, therefore, that the aid did not qualify for application of any of the exeptions provided for in Article 92 (3) of the EEC Treaty and on 14 October 1982 the Commission initiated the procedure provided for in Article 93 (2).
The aid was actually paid on 2 April 1982.
When it initiated the Article 93 (2) procedure on 14 October 1982, the Commission found that, although the aid had been implemented, the procedure provided for in Article 93 (3) of the Treaty had not been complied with by the Netherlands Government.
II
In its reply of 7 December 1982 to the letter of formal notice within the meaning of Article 93 (2) of the EEC Treaty, the Netherlands Government confirmed that the aid had been paid, arguing that the measure had had to be taken owing to exceptional and urgent circumstances in order to prevent the liquidation of the undertaking and of the other party to the contract which had ordered the special type of platform. Their liquidation would have meant the loss of 25 000 jobs in the Netherlands.
The Netherlands Government also maintained that the aid in question was not likely to distort competition or affect trade between Member States because of the special and unique circumstances of the platform deal at the root of the undertaking's offshore division had been wound up and its assets liquidated.
Lastly, the Netherlands Government pointed out that administrative negligence was to blame for the failure to give prior notice of the assistance measure in accordance with the requirements of Article 93 (3) of the EEC Treaty.
III
By letter dated 10 November 1982, the Commission gave notice to the other Member States to submit their comments on the aid granted by the Netherlands Government to an undertaking in the engineering sector.
The Danish Government made known its opinion on this case on 8 December 1982, stating that it considered the aid question to be a rescue measure in the form of aid for continued operation. As such it was likely to affect trade within the Community and therefore had to be considered incompatible with the common market in accordance with Article 92 (1); nor did it qualify for application of any of the exceptions provided for in paragraphs 2 and 3 of that Article.
IV
The Netherlands Government has been unable to give, or the Commission to discover, any justification for a finding that the aid in question fulfils the conditions necessary for application of one of the exceptions provided for in Article 92 (3) of the EEC Treaty. The aid has merely resulted in a temporary improvement in the recipient undertaking's financial situation without contributing to the attainment of the objectives provided for in Article 92 (3) of the Treaty.
The compatibility of the aid with the common market must be assessed from a Community point of view rather than from that of a single Member State.
More particularly as regards the argument put forward by the Netherlands Government of the need to safeguard jobs, the Commission considers that a lasting increase in employment is generally the consequence of increased investment and an improvement in the competitiveness of undertakings, and it has always expressed strong reservations about schemes to assist employment as such which are in the nature of aid for continued operation, and in particular about aids to maintain employment.
By granting aid to an undertaking in financial difficulties, the Netherlands Government has maintained excess capacity in the offshore engineering sector and delayed the sector's adjustment to market conditions. According to the information which the Commission has in its possession concerning the sector, which is in serious difficulties, the recipient undertaking's competitors, both in the Netherlands and in the other Member States, have been prevented for more than two years from bidding for one or more offshore struc tures for the market which the recipient undertaking has set its sights on. As a result, attempts by the Community shipbuilding industry to diversify have been hampered.
At the time the aid was granted it was not accompanied by any restructuring plan capable of contributing to a Community objective within the meaning of Article 92 (3) of the EEC Treaty.
The Netherlands Government was informed long in advance of the difficulties facing the undertaking. It therefore had sufficient time in which to notify the proposed assistance to the Commission in compliance with the procedure provided for in Article 93 (3) of the Treaty.
In view of the above, the measure implemented by the Netherlands Government constitutes an aid within the meaning of Article 92 (1) of the EEC Treaty. The aid does not fulfil the conditions necessary for application of one of the exceptions provided for in Article 93 (3) of the Treaty,
HAS ADOPTED THIS DECISION:
Article 1
The aid granted by the Netherlands to an engineering undertaking, which the former notified to the Commission on 20 July 1982, is incompatible with the common market pursuant to Article 92 of the EEC Treaty.
Article 2
The aid granted in breach of Articles 92 and 93 of the EEC Treaty shall be withdrawn.
Article 3
The Netherlands shall inform the Commission within two months of the date of notification of this Decision of the measures it has taken to comply therewith.
Article 4
This Decision is addressed to the Kingdom of the Netherlands.
Done at Brussels, 19 December 1984.
|
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COMMISSION REGULATION (EEC) No 2967/79 of 18 December 1979 laying down the conditions under which certain cheeses benefiting from preferential import treatment are to be processed
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of the market in milk and milk products (1), as last amended by Regulation (EEC) No 1761/78 (2), and in particular Article 14 (7) thereof,
Having regard to Council Regulation (EEC) No 2915/79 of 18 December 1979 determining the groups of products and the special provisions for calculating levies on milk and milk products (3), and in particular Article 9 (3) thereof,
Whereas Article 9 of Regulation (EEC) No 2915/79 provides that within a limit of an annual tariff quota of 3 500 tonnes certain cheeses intended for processing and complying with a minimum free-at-frontier value may be imported into the Community subject to a levy of 12 709 ECUs per 100 kg ; whereas Commission Regulation (EEC) No 2965/79 of 18 December 1979 defining the conditions for the admission of certain milk products to certain tariff headings (4) provides that such cheeses shall be accompanied by a certificate IMA indicating the free-at-frontier price ; whereas it is necessary to lay down the procedures to be followed in respect of the processing ; whereas in respect of other products such provisions are set out in Commission Regulation (EEC) No 1535/77 of 4 July 1977 determining the conditions under which certain goods are eligible upon importation for a favourable tariff arrangement by reason of their end use (5), as last amended by Regulation (EEC) No 2687/77 (6) ; whereas these provisions should as far as possible be applied;
Whereas in order to qualify for preferential import treatment the products concerned must comply with a certain free-at-frontier value ; whereas this fact must be borne in mind when establishing the amount of uncollected import duties referred to in Articles 2 and 3 of Regulation (EEC) No 1535/77;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,
HAS ADOPTED THIS REGULATION:
Article 1
Subject as provided in this Regulation, the provisions of Regulation (EEC) No 1535/77 shall apply to cheeses, falling within subheadings 04.04 E I b) 1 and 04.04 E I b) 5 of the Common Customs Tariff, intended for processing and imported under the tariff quota provided for in Article 9 of Regulation (EEC) No 2915/79.
Article 2
1. The cheeses referred to in Article 1 shall be considered as processed when they have been processed into products falling within subheading 04.04 D of the Common Customs Tariff.
2. The amount of uncollected import duties referred to in Articles 2 and 3 of Regulation (EEC) No 1535/77 shall be considered to be an amount, per 100 kilograms net weight, equal to the difference between the import levy on the product in question on the day that it is put in free circulation and the amount of 12 709 ECU.
3. The control copy T5 referred to in Article 9 (3) of Regulation (EEC) No 1535/77 shall include in box 104 one or more of the following entries: - end use : Regulations (EEC) No 1535/77 and (EEC) No 2967/79,
- særligt anvendelseformål : Forordning (EØF) Nr. 1535/77 og Forordning (EØF) Nr. 2967/79,
- besondere Verwendung : Verordnung (EWG) Nr. 1535/77 und Verordnung (EWG) Nr. 2967/79,
- destination particulière : règlement (CEE) nº 1535/77 et règlement (CEE) nº 2967/79,
- destinazione particolare : regolamento (CEE) n. 1535/77 e regolamento (CEE) n. 2967/79,
- bijzondere bestemming : Verordening (EEG) nr. 1535/77 en Verordening (EEG) nr. 2967/79.
Article 3
This Regulation shall enter into force on 1 January 1980. (1)OJ No L 148, 28.6.1968, p. 13. (2)OJ No L 204, 28.7.1978, p. 6. (3)OJ No L 329, 24.12.1979, p. 1. (4)See page 15 of this Official Journal. (5)OJ No L 171, 9.7.1977, p. 1. (6)OJ No L 314, 8.12.1977, p. 21.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 December 1979.
|
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Decision of the European Parliament and of the Council
of 9 October 2003
on the mobilisation of the EU Solidarity Fund in accordance with point 3 of the Interinstitutional Agreement of 7 November 2002 between the European Parliament, the Council and the Commission on the financing of the European Union Solidarity Fund, supplementing the Interinstitutional Agreement of 6 May 1999 on budgetary discipline and improvement of the budgetary procedure (damage caused by the Prestige oil tanker, by the earthquake in Molise and Apulia, and by the eruption of Mount Etna)
(2003/785/EC)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Interinstitutional Agreement of 7 November 2002 between the European Parliament, the Council and the Commission on the financing of the European Union Solidarity Fund, supplementing the Interinstitutional Agreement of 6 May 1999 on budgetary discipline and improvement of the budgetary procedure(1), and in particular point 3 thereof,
Having regard to Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund(2),
Having regard to the proposal from the Commission,
Whereas:
(1) The European Union has created a European Union Solidarity Fund (the "Fund") to show solidarity with the population of regions struck by disasters.
(2) The Interinstitutional Agreement of 7 November 2002 allows the mobilisation of the Fund within the annual ceiling of EUR 1 billion.
(3) Regulation (EC) No 2012/2002 contains the provisions whereby the Fund may be mobilised.
(4) The damage caused by the Prestige oil tanker, by the earthquake in Molise and Apulia, and by the eruption of Mount Etna meets the conditions for mobilising the Fund,
HAVE DECIDED AS FOLLOWS:
Article 1
For the general budget of the European Union for the financial year 2003, the European Union Solidarity Fund shall be mobilised to provide the sum of EUR 56,250 million in commitment appropriations.
Article 2
This Decision shall be published in the Official Journal of the European Union.
Done at Brussels, 9 October 2003.
|
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Commission Regulation (EC) No 2301/2002
of 20 December 2002
laying down detailed rules for the application of Council Directive 1999/105/EC as regards the definition of small quantities of seed
THE COMMISSION OF THE EUROPEAN COMMUNITIES
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 1999/105/EC of 22 December 1999 on the marketing of forest reproductive material(1), and in particular Article 14(4) thereof,
Whereas:
(1) In accordance with Directive 1999/105/EC the supplier's label or document must include information about the germination percentage and the number of germinable seeds of the reproductive material. However, these requirements do not apply to small quantities of seeds.
(2) The thresholds for small quantities should therefore be determined.
(3) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,
HAS ADOPTED THIS REGULATION:
Article 1
For the purposes of Article 14 of Directive 1999/105/EC a quantity of seed shall be considered as small if it does not exceed the amounts specified in the Annex to this Regulation for the different species.
Article 2
This Regulation shall enter into force on the twentieth day following its publication in the Official Journal of the European Communities.
It shall apply from 1 January 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 December 2002.
|
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*****
COUNCIL DIRECTIVE
of 24 July 1990
amending Directive 84/647/EEC on the use of vehicles hired without drivers for the carriage of goods by road
(90/398/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 75 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas Article 8 of Directive 84/647/EEC (4) requires the Council to re-examine Articles 3 (2) and 4 (2) of the abovementioned Directive which contain restrictive clauses;
Whereas the restrictive clauses have resulted in unequal application of the Directive in the Community; whereas abolition, at least in part, of these clauses would allow better financial management and cut the costs of hauliers operating on their own account or for hire or reward;
Whereas the abovementioned Directive should therefore be amended,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Directive 84/647/EEC is hereby amended as follows:
1. Article 3 (2) is replaced by the following:
'2. Member States may exclude from the provisions of paragraph 1 own-account transport operations carried out by vehicles with a total permissible laden weight of more than 6 tonnes.'
2. Article 4 (2) is deleted.
Article 2
Member States shall take the measures necessary to comply with this Directive not later than 31 December 1990 and shall forthwith inform the Commission thereof.
Article 3
This Directive is addressed to the Member States.
Done at Brussels, 24 July 1990.
|
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Council Decision
of 14 April 2003
on the conclusion of a Protocol adjusting the trade aspects of the Europe Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Slovak Republic, of the other part, to take account of the outcome of negotiations between the parties on new mutual agricultural concessions
(2003/299/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 133, in conjunction with Article 300(2), first subparagraph, first sentence thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) The Europe Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Slovak Republic, of the other part(1) (hereinafter referred to as "the Europe Agreement"), provides for certain reciprocal trade concessions for certain agricultural products.
(2) Article 21(5) of the Europe Agreement provides that the Community and the Slovak Republic are to examine product by product and on an orderly and reciprocal basis the possibilities of granting each other further concessions.
(3) The first improvements to the preferential arrangements of the Europe Agreement were provided for in the Protocol adjusting trade aspects of the Europe Agreement to take account of the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union and the outcome of the Uruguay Round negotiations on agriculture, including improvements to the existing preferential arrangements, approved by Decision 98/638/EC(2).
(4) Improvements to the preferential arrangements were also provided for as a result of negotiations to liberalise agricultural trade concluded in 2000. On the Community side, these were implemented from 1 July 2000 by Regulation (EC) No 2434/2000 of 17 October 2000 establishing certain concessions in the form of Community tariff quotas for certain agricultural products and providing for an adjustment, as an autonomous and transitional measure, of certain agricultural concessions provided for in the Europe Agreement with the Slovak Republic(3). This second adjustment of the preferential arrangements has not yet been incorporated in the Europe Agreement in the form of an Additional Protocol.
(5) Negotiations for further improvements to the preferential arrangements of the Europe Agreement were concluded on 3 May 2000 and on 25 June 2002.
(6) The new Additional Protocol to the Europe Agreement adjusting the trade aspects of the Europe Agreement between the European Communities and their Member States, of the one part, and the Slovak Republic, of the other part (hereinafter referred to as "the Protocol") should be approved with a view to consolidating all concessions in agricultural trade between the two sides, including the results of the negotiations concluded in 2000 and 2002.
(7) Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code(4) has codified the management rules for tariff quotas designed to be used following the chronological order of dates of customs declarations. Certain tariff quotas under this Decision should therefore be administered in accordance with those rules.
(8) The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(5).
(9) As a result of the aforementioned negotiations, Regulation (EC) No 2434/2000 has effectively lost its substance and should therefore be repealed,
HAS DECIDED AS FOLLOWS:
Article 1
The Protocol adjusting the trade aspects of the Europe Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Slovak Republic, of the other part, to take account of the outcome of negotiations between the parties on new mutual agricultural concessions, is hereby approved on behalf of the Community.
Article 2
The President of the Council is hereby authorised to designate the person empowered to sign the Protocol on behalf of the Community and give the notification of approval provided for in Article 3 of the Protocol.
Article 3
1. Upon this Decision taking effect, the arrangements provided for in the Annexes of the Protocol attached to this Decision shall replace those referred to in Annexes XI and XII as referred to in Article 21(2) and (4), as amended, of the Europe Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Slovak Republic, of the other part.
2. The Commission shall adopt rules for the application of the Protocol in accordance with the procedure referred to in Article 6(2).
Article 4
1. The order numbers as attributed to the tariff quotas in the Annex to this Decision may be changed by the Commission in accordance with the procedure referred to in Article 6(2). Tariff quotas with an order number above 09.5100 shall be administered by the Commission in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93.
2. Quantities of goods subject to tariff quotas and released for free circulation as from 1 July 2002 under the concessions provided for in Annex A(b) to Regulation (EC) No 2434/2000 shall be fully counted against the quantities provided for in the fourth column in Annex A(b) to the attached Protocol, except for quantities for which import licences were issued before 1 July 2002.
Article 5
Entitlement to the benefits from the Community tariff quota for wine referred to in Annex to this Decision and in Annex C of the protocol shall be subject to the presentation of a VI 1 document or a V I 2 extract in accordance with Commission Regulation (EC) No 883/2001 of 24 April 2001 laying down detailed rules for implementing Council Regulation (EC) No 1493/1999 as regards trade with third countries in products in the wine sector(6).
Article 6
1. The Commission shall be assisted by the Committee for Cereals instituted by Article 23 of Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals(7) or, where appropriate, by the committee instituted by the relevant provisions of the other regulations on the common organisation of agricultural markets.
2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.
The period provided for in Article 4(3) of Decision 1999/468/EC shall be one month.
3. The Committee shall adopt its Rules of Procedure.
Article 7
Regulation (EC) No 2434/2000 shall be repealed from the entry into force of the Protocol.
Done at Brussels, 14 April 2003.
|
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*****
COMMISSION DECISION
of 12 February 1986
amending Decision 73/422/EEC on the Advisory Committee on Sugar
(86/57/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Whereas, as a result of enlargement, in order to maintain a balanced regional representation in the Joint Working Party set up under the Advisory Committee on Sugar, pursuant to Commission Decision 73/422/EEC (1), as last amended by Decision 83/77/EEC (2), the number of members of the Working Party should be increased,
HAS DECIDED AS FOLLOWS:
Article 1
In Article 5 (1) of Commission Decision 73/422/EEC, the number '10' is hereby replaced by '11'.
Article 2
This Decision shall enter into force on 12 February 1986.
Done at Brussels, 12 February 1986.
|
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COMMISSION DIRECTIVE 95/30/EC of 30 June 1995 adapting to technical progress Council Directive 90/679/EEC on the protection of workers from risks related to exposure to biological agents at work (seventh individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC) (Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (1), and in particular Article 17 thereof,
Having regard to Council Directive 90/679/EEC of 26 November 1990 on the protection of workers from risks related to exposure to biological agents at work (seventh individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC) (2), as amended by Directive 93/88/EEC (3), and in particular Article 19 thereof,
Having regard to the opinion of the Advisory Committee on Safety, Hygiene and Health Protection at Work,
Whereas the provisions laid down in Directive 90/679/EEC must be regarded as an important element in the overall approach towards protecting the health of workers at the workplace;
Whereas the aim of Directive 93/88/EEC establishing a first list of biological agents on the basis of the definitions given in Article 2 point (d) numbers 2, 3 and 4 of Directive 90/679/EEC is to harmonize conditions in this field while maintaining the progress made;
Whereas the list and classification of the biological agents must be examined regularly and revised on the basis of new scientific data;
Whereas it is particularly appropriate that agents whose classification is indicated by asterisks because they are not normally infectious when airborne and for which Member States shall assess the possibilities for waiving certain containment measures in particular circumstances, shall be reevaluated on the basis of the most up-to-date knowledge and be reclassified to adapt them to the real situation regarding hazards at the workplace;
Whereas the measures provided for in this Directive are in accordance with the opinion of the committee set up under Article 17 of Directive 89/391/EEC,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Annex III to Directive 90/679/EEC is amended in accordance with the Annex hereto.
Article 2
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 November 1996. They shall immediately inform the Commission thereof.
When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.
2. Member States shall communicate to the Commission the text of the provisions of national law which they adopt in the field covered by this Directive.
Article 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, 30 June 1995.
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COMMISSION REGULATION (EC) No 1915/95 of 2 August 1995 laying down transitional measures for imports of special preferential raw cane sugar for refining
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1785/81 of 30 June 1981 on the common organization of the markets in the sugar sector (1), as last amended by Regulation (EC) No 1101/95 (2), and in particular Articles 14 (2), 37 (6) and 48 thereof,
Whereas Article 37 of Regulation (EEC) No 1785/81 stipulates that during the 1995/96 to 2000/01 marketing years, a reduced rate of duty, referred to as 'special duty`, is to be levied on imports of raw cane sugar originating in particular in the ACP States and in India and referred to as 'special preferential sugar`, for supply to Community refineries pursuant to agreements with those and other States and on the conditions laid down therein; whereas such agreements are being concluded with effect on 1 July 1995; whereas the procedures for the conclusion of such agreements mean that they cannot be implemented in time to ensure regular supplies to Community refineries in Portugal from that date;
Whereas stocks of raw sugar in those refineries and Community stocks of raw sugar available for refining are not sufficient to ensure supplies in the coming weeks and whereas there is a serious risk that stocks may run out, which could lead to the temporary closure of the said refineries; whereas, therefore, in order to ensure such supplies in the interim and by the same token to permit the changeover from the former to the new import arrangements to be introduced under the abovementioned agreements, the necessary transitional measures should be adopted;
Whereas the transitional measures to be adopted should be based on the essential provisions of the abovementioned agreements, namely the same reduced rate of import duty and the same minimum purchase price, expressed in ecus (A), to be paid by the refiners; whereas the quantity to be imported at the reduced rate of duty should also be determined taking into account refining requirements for the first quarter of the 1995/96 marketing year; whereas, in view of traditional patterns of trade, existing contracts and the need for the raw sugar to be supplied as quickly as possible, it is necessary to make transitional arrangements for the raw sugar to be imported from the ACP States Contracting Parties to the Fourth Lomé Convention;
Whereas, in order to facilitate the utilization of existing stocks in Finland and Portugal for refining after 30 June, provision should be made for such stocks to continue to qualify after refining for the adjustment aid applicable to raw sugar imported into those Member States for refining during the 1994/95 marketing year; whereas, in order to ensure equal treatment, a similar provision must also be adopted for stocks of raw sugar produced in the French overseas departments and qualifying for refining aid in 1994/95 pursuant to Council Regulation (EEC) No 2225/86 (3), as amended by Commission Regulation (EEC) No 2750/86 (4), Commission Regulations (EC) No 1459/94 (5), (EC) No 1543/94 (6) and (EC) No 359/95 (7);
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,
HAS ADOPTED THIS REGULATION:
Article 1
1. Portugal is hereby authorized to import up to 70 000 tonnes of raw cane sugar expressed as white sugar from the ACP States Contracting Parties to the Fourth Lomé Convention, subject to the duty laid down in paragraph 2.
2. The import duty on the quantity laid down in paragraph 1 shall be ECU 6,9 per 100 kilograms raw sugar of the standard quality defined in Article 1 of Council Regulation (EC) No 431/68 (8).
3. Without prejudice to Article 7 of Commission Regulation (EEC) No 1916/95 (1), the minimum purchase price to be paid by refiners for the quantity laid down in paragraph 1 shall be ECU 51,17 per 100 kilograms raw sugar of the standard quality referred to in paragraph 2.
Article 2
The detailed implementing rules laid down in Regulation (EC) No 1916/95 on special imports shall supply to raw sugar imported under this Regulation.
Article 3
1. In accordance with the second subparagraph of Article 9 (4) (c) of Regulation (EEC) No 1785/81, the adjustment aid fixed for the 1994/95 marketing year shall continue to apply, pursuant to Commission Decision 95/46/EC (2) and Article 3 (3) of Commission Regulation (EC) No 3300/94 (3), to raw sugar imported during the 1994/95 marketing year from third countries for refining in Portugal and Finland respectively which is still in stock on 30 June 1995 in those Member States and which is refined during the period 1 July to 30 Sepember 1995.
The quantities of sugar thus refined shall count against the quantities determined in the abovementioned Decision and Regulation.
2. The aid for refining provided for in Article 3 of Regulation (EEC) No 2225/86 and the additional aid provided for in Article 1 of Regulation (EC) No 1543/94 in force for the 1994/95 marketing year shall continue to apply to raw sugar produced in the French overseas departments up to the quantities laid down in the Annex to Regulation (EC) No 359/95 which is still in stock in the Community on 30 June 1995 and which is refined during the period 1 July to 30 September 1995.
The quantities of sugar thus refined shall count against the quantities respectively determined by Regulations (EC) No 1459/94 and (EC) No 359/95.
Article 4
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It shall apply from 1 July 1995.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 2 August 1995.
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Commission Regulation (EC) No 2136/2002
of 29 November 2002
fixing the ceilings on financing for measures to improve the quality of olive oil production in the 2003/2004 production cycle and derogating from Article 3(3) of Regulation (EC) No 528/1999
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common organisation of the market in oils and fats(1), as last amended by Regulation (EC) No 1513/2001(2),
Having regard to Commission Regulation (EC) No 528/1999 of 10 March 1999 laying down measures to improve the quality of olive oil production(3), as last amended by Regulation (EC) No 593/2001(4), and in particular Article 3(2) thereof,
Whereas:
(1) Regulation (EC) No 528/1999 lays down the procedures for financing measures, for each Member State and each 12-month production cycle beginning on 1 May, to improve the quality of olive oil production and its environmental impact.
(2) Commission Regulation (EC) No 1793/2002(5) fixes the estimated production of olive oil for the 2001/2002 marketing year, including production of table olives expressed as olive oil equivalent, at 2804056 tonnes. This corresponds to 1639730 tonnes for Spain, 411588 tonnes for Greece, 715426 tonnes for Italy, 34590 tonnes for Portugal and 2722 tonnes for France. The amount withheld from production aid for this olive oil marketing year serves as a basis for financing measures to improve the quality of oil during the production cycle commencing on 1 May 2003.
(3) The ceilings on financing for measures eligible for reimbursement by the Guarantee Section of the European Agricultural Guidance and Guarantee Fund should be fixed.
(4) The measures have relatively fixed minimum costs, which may mean that the ceilings on total financing provided for in Article 3(3) of Regulation (EC) No 528/1999 are too low for some Member States. Appropriate limits should therefore be set for those cases.
(5) 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
For the production cycle from 1 May 2003 to 30 April 2004, the ceilings on financing for the measures laid down in the first subparagraph of Article 3(2) of Regulation (EC) No 528/1999 shall be:
>TABLE>
Article 2
As an exception to Article 3(3) of Regulation (EC) No 528/1999, the additional national financial contribution from Member States which under Article 1 may receive up to EUR 100000 in financing shall not exceed EUR 250000.
Article 3
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, 29 November 2002.
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COMMISSION REGULATION (EC) No 469/2006
of 22 March 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 23 March 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 March 2006.
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COMMISSION DECISION
of 22 February 2000
concerning certain protection measures relating to avian influenza in Italy
(notified under document number C(2000) 489)
(Text with EEA relevance)
(2000/149/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market(1), as last amended by Directive 92/118/EEC(2), and in particular, Article 10(4) thereof,
Having regard to Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market(3), as last amended by Directive 92/118/EEC, and in particular, Article 9(4) thereof,
Whereas:
(1) Outbreaks of avian influenza have occurred in Italy in several regions since 20 December 1999.
(2) Measures to control avian influenza are given in Council Directive 92/40/EEC introducing Community measures for the control of avian influenza(4).
(3) The provisions for intra Community trade in live poultry and hatching eggs are given in Council Directive 90/539/EEC on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs(5), as last amended Directive 1999/90/EC(6).
(4) The provisions for intra-Community trade in birds other than poultry referred to in Directive 90/539/EEC are given in Council Directive 92/65/EEC laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A Section I to Directive 90/425/EEC(7), as last amended by Commission Decision 95/176/EC(8).
(5) The provisions for intra-Community trade in fresh poultry meat are given in Council Directive 91/494/EEC of 26 June 1991 on animal helath conditions governing intra-Community trade in and imports from third countries of fresh poultry meat(9), as last amended by Directive 1999/89/EC(10).
(6) The disease situation is liable to endanger the flocks in other parts of the Community in view of trade in live poultry and birds and hatching eggs thereof.
(7) Italy has established avian influenza preventive and control measures within the framework of:
- Directive 92/40/EEC
- Directive 90/539/EEC
- Directive 92/65/EEC
- Directive 91/494/EEC
- National Decree No 600.6/24461/57N/139 issued on 14 January 2000 by the Ministry of Health of Italy.
(8) Member States recognise that measures implemented by Italy are appropriate.
(9) However in view of the evolution of the disease and the specifity of the epidemiology of this particular epidemic specific measures shall be adopted in view of reducing the risk of spreading the virus within the poultry population.
(10) These measures should reflect the specific structure of the integrated industry in the affected area.
(11) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
Complementary measures shall be implemented by Italy. They should contain at least the following provisions:
(a) In the state of Italy
1. Disposable packaging shall be used for collection, storage and transport of table eggs. The pieces of packaging shall be destroyed immediately after use in such a way to guarantee the destruction of the vrius with methods approved by the competent authority.
2. Packaging centres for table eggs situated in close proximity of a farm where birds of susceptible species are kept must not introduce eggs coming from farms located in provinces where avian influenza has been confirmed.
(b) In regions where avian influenza has been confirmed in the last 30 days
1. All means of transport used for poultry, hatching eggs, table eggs and poultry feedstuff must be cleaned and disinfected immediately before entering and after leaving a farm or a related plant with disinfectants and methods approved by the competent authority. For means of transport engaged in intra-Community trade, a document ascertaining this disinfection shall be issued and should at least contain the information on cleansing and disinfection equivalent to that shown in the Annex.
2. All the machinery for loading and unloading the lorries shall be cleaned and disinfected immediately before and after use according to paragraph 1.
3. Hatching eggs, their packing and means of transport must be disinfected before dispatch according to paragraph 1.
4. The person responsible for a poultry-holding shall ensure that all persons entering and leaving the holding apply strict bio-security measures as well as providing clean protective clothes and footwear to visitors, catchers and other persons. The responsible person shall also ensure that appropriate means of disinfection are used at the entrances and exists of buildings housing poultry.
(c) In provinces where avian influenza has been confirmed in the last 30 days
1. All means of transport for poultry, hatching eggs, table eggs and poultry feedstuff shall transport only one single consignment intended for or coming from one single farm or plant at one time.
2. All means of transport for poultry, hatching eggs, table eggs and poultry feedstuff leaving these provinces must be accompanied by an official document certifying that the means of transport have been cleaned and disinfected prior to movement according to point (b)1. These lorries shall transport only one single consignment intended for or coming from one single farm or plant at one time.
3. Used litter and poultry manure may only be removed from the holding or spread with authorisation given by the competent authority. Such authorisation must take into account the provisions of Annex II Section II(d) of Directive 92/40/EEC.
Article 2
The central veterinary authority may introduce further measures other than those referred to in this Decision if they are deemed necessary for the eradication of the disease. Italy shall inform the Commission and the Member States of these measures immediately.
Article 3
Member States shall ensure that the provisions of Article 1(a) (1) are applied for all consignments coming from or originating in Italy.
Article 4
Member States shall amend the measures which they apply to trade so as to bring them into conformity with this Decision. They shall immediately inform the Commission thereof.
Article 5
This Decision is addressed to the Member States.
Done at Brussels, 22 February 2000.
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COMMISSION REGULATION (EC) No 1129/2006
of 24 July 2006
determining the percentage of quantities which may be allowed in respect of import licence applications lodged in July 2006 under tariff quotas for beef and veal provided for in Regulation (EC) No 1279/98 for Bulgaria and Romania
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),
Having regard to Commission Regulation (EC) No 1279/98 of 19 June 1998, laying down rules for the application of the tariff quotas for beef and veal provided for in Council Decisions 2003/286/EC and 2003/18/EC for Bulgaria and Romania (2), and in particular Article 4(4) thereof,
Whereas:
Article 1 of Regulation (EC) No 1279/98 fixes the quantities of certain beef and veal products originating in Romania and Bulgaria, which may be imported on special terms in respect of the period 1 July 2006 to 30 June 2007. The quantities of certain beef and veal products originating in Romania and Bulgaria covered by import licence applications submitted are such that applications may be accepted in full,
HAS ADOPTED THIS REGULATION:
Article 1
The quantities covered by import licence applications submitted in respect of the period 1 July to 31 December 2006 under the quotas referred to in Regulation (EC) No 1279/98 are accepted in full.
Article 2
This Regulation shall enter into force on 25 July 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 July 2006.
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COUNCIL DECISION
of 26 April 2004
on the conclusion of the Agreements in the form of an Exchange of Letters between the European Community and, of the one part, Barbados, Belize, the Republic of the Congo, Fiji, the Cooperative Republic of Guyana, the Republic of Côte d'Ivoire, Jamaica, the Republic of Kenya, the Republic of Madagascar, the Republic of Malawi, the Republic of Mauritius, the Republic of Surinam, Saint Christopher and Nevis, the Kingdom of Swaziland, the United Republic of Tanzania, the Republic of Trinidad and Tobago, the Republic of Uganda, the Republic of Zambia and the Republic of Zimbabwe and, of the other part, the Republic of India on the guaranteed prices for cane sugar for the 2003/2004 and 2004/2005 delivery periods
(2004/910/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 133, 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)
Implementation of Protocol 3 on ACP Sugar attached to Annex V to the ACP-EC Partnership Agreement (1) and of the Agreement between the European Community and the Republic of India on cane sugar (2) is carried out, in accordance with Article 1(2) of each, within the framework of the management of the common organisation of the sugar market.
(2)
It is appropriate to approve the Agreements in the form of an Exchange of Letters between the Community and, of the one part, the States referred to in the Protocol and, of the other part, the Republic of India on the guaranteed prices for cane sugar for the 2003/2004 and 2004/2005 delivery periods,
HAS DECIDED AS FOLLOWS:
Article 1
The Agreements in the form of an Exchange of Letters between the European Community and, of the one part, Barbados, Belize, the Republic of the Congo, Fiji, the Cooperative Republic of Guyana, the Republic of Côte d'Ivoire, Jamaica, the Republic of Kenya, the Republic of Madagascar, the Republic of Malawi, the Republic of Mauritius, the Republic of Surinam, Saint Christopher and Nevis, the Kingdom of Swaziland, the United Republic of Tanzania, the Republic of Trinidad and Tobago, the Republic of Uganda, the Republic of Zambia and the Republic of Zimbabwe and, of the other part, the Republic of India on the guaranteed prices for cane sugar for the 2003/2004 and 2004/2005 delivery periods are hereby approved on behalf of the Community.
The texts of the agreements are attached to this Decision.
Article 2
The President of the Council is hereby authorised to designate the person empowered to sign the Agreements referred to in Article 1 in order to bind the Community.
Done at Luxembourg, 26 April 2004.
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COMMISSION REGULATION (EC) No 1220/94 of 30 May 1994 amending Regulation (EEC) No 2137/93 fixing the export refunds in the wine sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 822/87 of 16 March 1987 on the common organization of the market in wine (1), as last amended by Regulation (EEC) No 1566/93 (2), and in particular Article 56 (4) thereof,
Whereas Commission Regulation (EEC) No 2137/93 (3), as amended by Regulation (EC) No 1205/94 (4), fixing the exports refunds on wine for certain destinations, including east European countries, should be amended;
Whereas certain disturbances on the world market and the necessity to continue control measures necessitate a prolongation of the temporary suspension of export refunds on export to Bosnia-Herzegovina, Croatia, Slovenia, the former Yugoslav Republic of Macedonia, Republics of Serbia and Montenegro, Bulgaria, the Czech Republic, the Slovak Republic, Hungary and Romania;
Whereas the Management Committee for Wine has not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
The Annex to Regulation (EEC) No 2137/93 is hereby replaced by the Annex hereto.
No application for refunds for the countries mentioned in the Annex, note (1), point (09) (b) can be presented before 10 June 1994.
Article 2
This Regulation shall enter into force on 1 June 1994.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 May 1994.
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COMMISSION REGULATION (EEC) No 1815/93 of 7 July 1993 on the issuing of import documents for preserved tuna and bonito of certain species from certain third countries
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 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 697/93 (2),
Having regard to Commission Regulation (EEC) No 3900/92 of 23 December 1992 laying down the special rules of application for the Community import arrangements for certain species of preserved tuna, bonito and sardines and fixing the quantities of those products which may be imported during 1993 (3), as amended by Regulation (EEC) No 1792/93 (4), and in particular Article 4 (2) thereof,
Whereas Article 3 (1) of the said Regulation has allocated 64 175 tonnes of the available quantity of 75 500 tonnes to traditional importers; whereas Article 4 (2) of that Regulation provides that if the quantities for which import documents have been applied for exceed the available quantities the Commission is to fix a single percentage figure by which the quantities applied for are to be reduced;
Whereas on 30 June and 1 July 1993 the quantities applied for by traditional importers exceed the quantities available; whereas the extent to which import documents may be issued should accordingly be determined;
Whereas the quantities for which import documents have been issued have reached the amount of 64 175 tonnes; whereas the issuing of these documents to traditional importers should accordingly be suspended,
HAS ADOPTED THIS REGULATION:
Article 1
Import documents for preserved tuna of the genus Thunnus, skipjack or stripe-bellied bonito (Euthynnus pelamis) and other species of the genus Euthynnus falling within CN codes ex 1604 14 11, ex 1604 14 19 and ex 1604 20 70, from the third countries referred to in Article 1 (1) of Regulation (EEC) No 3900/92, applied for under Article 3 (1) (a) of that Regulation on 30 June and 1 July 1993 and forwarded to the Commission on 2 July 1993, shall be issued for up to 54,42 % of the quantities applied for.
The issuing of import documents for the products referred to in the first subparagraph is hereby suspended for applications under Article 3 (1) (a) of Regulation (EEC) No 3900/92 lodged from 2 July 1993.
Article 2
This Regulation shall enter into force on 8 July 1993.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 July 1993.
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COMMISSION REGULATION (EC) No 554/2007
of 22 May 2007
amending Regulation (EC) No 535/2007 fixing the import duties in the cereals sector applicable from 16 May 2007
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1),
Having regard to Commission Regulation (EC) No 1249/96 of 28 June 1996 on rules of application (cereal sector import duties) for Council Regulation (EEC) No 1766/92 (2), and in particular Article 2(1) thereof,
Whereas:
(1)
The import duties in the cereals sector applicable from 16 May 2007 were fixed by Commission Regulation (EC) No 535/2007 (3).
(2)
As the average of the import duties calculated differs by more than EUR 5 a tonne from that fixed, a corresponding adjustment must be made to the import duties fixed by Regulation (EC) No 535/2007.
(3)
Regulation (EC) No 535/2007 should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
Annexes I and II to Regulation (EC) No 535/2007 are hereby replaced by the text in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on 23 May 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 May 2007.
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COMMISSION DECISION
of 21 December 2005
declaring a concentration compatible with the common market and the functioning of the EEA Agreement
(Case COMP/M.3696 - E.ON/MOL)
(notified under document number C(2005) 5593)
(Only the English text is authentic)
(Text with EEA relevance)
(2006/622/EC)
On 21 December 2005 the Commission adopted a Decision in a merger case under Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation) (1), and in particular Article 8(2) of that Regulation. A non-confidential version of the full Decision can be found in the authentic language of the case and in the working languages of the Commission on the website of the Directorate-General for Competition, at the following address: http://ec.europa.eu/comm/competiton/index_en.html
I. SUMMARY
(1)
This case concerns the acquisition by E.ON (Germany) of two subsidiaries of MOL, an integrated Hungarian oil and gas company, which are active in the wholesale, marketing and trading of gas, and the storage of gas. MOL also has a put option for two years to sell its gas transmission subsidiary to E.ON.
(2)
MOL already has, prior to the transaction, an almost exclusive control over the access to gas resources and gas infrastructures in Hungary. MOL owns the gas transmission network, all Hungarian gas storage facilities and has a quasi-monopoly position on the gas wholesale markets. MOL is already today the ‘gatekeeper’ for gas resources (both imports and domestic production) and gas infrastructure. This gatekeeper position will now be taken over by E.ON.
(3)
The essential change brought by the proposed transaction is that E.ON, unlike MOL, has strong market positions in the retail supply of gas and electricity in Hungary. Therefore, except for the transmission and gas production businesses of MOL, the current transaction will create a vertically integrated entity along the gas and electricity supply chains in Hungary.
(4)
The Commission’s market investigation has established that, owing to the new entity’s nearly exclusive control over gas resources (mostly of Russian origin) available in Hungary and its vertical integration in the gas and electricity markets, the transaction would lead to a serious risk of foreclosure of competitors on the downstream gas and electricity markets. As mentioned, contrary to MOL, E.ON is active downstream of the gas wholesale market, in the retail and distribution of gas and electricity (through its control of two out of six regional gas distribution companies and of three out of six regional electricity distribution companies) as well as in the generation of electricity. This would lead to a change of incentives of the new entity vis-à-vis its downstream competitors. The new entity would thus have both the ability and the incentive to discriminate against its competitors in the downstream markets both in the gas and in the electricity sectors.
(5)
In order to remove the competition concerns identified during the procedure, E.ON submitted on 20 October 2005 a package of commitments. On 16 November 2005, E.ON submitted revised commitments. The final commitments were submitted on 8 December 2005. The Commission believes that the undertakings, substantially improved following the market test compared to E.ON’s initial offer, meet the concerns expressed by third parties as regards the need to ensure sufficient liquidity of gas on the Hungarian wholesale gas market at price and conditions which will allow third parties to compete effectively with the new entity on the downstream gas and electricity markets in Hungary.
(6)
A clearance decision with conditions and obligations pursuant to Article 8(2) of the Merger Regulation is therefore proposed for adoption.
II. EXPLANATORY MEMORANDUM
A. THE PARTIES
(7)
E.ON Ruhrgas International AG (‘E.ON’) belongs to the E.ON group of companies, a privately owned energy group with a focus on the supply of electricity and gas.
(8)
MOL Hungarian Oil and Gas (‘MOL’, Hungary) is an integrated oil and gas group which is primarily active in Hungary on the markets for natural gas, oils, fuels and chemicals. It is a public company listed on the Budapest stock exchange. The Hungarian State still owns 12 % of share capital, plus a golden share.
B. THE OPERATION
(9)
The present case concerns a concentration by which E.ON acquires control of MOL Földgázellátó Rt. (‘MOL WMT’) and MOL Földgáztároló Rt. (‘MOL Storage’). E.ON will also acquire MOL’s shareholdings in Panrusgáz Magyar-Orosz Gázipari Rt. (‘Panrusgáz’), a joint venture company between OAO Gazprom (Russia) and MOL.
(10)
Mol Földgázszállító Rt. (‘MOL Transmission’), another solely-controlled subsidiary of MOL, is not acquired by E.ON through the present transaction. MOL is instead granted a put option under which MOL can require E.ON to purchase a 25 % plus 1 share or a 75 % minus 1 share interest in MOL Transmission during the next two years.
(11)
Finally, MOL retains control over its gas exploration and production business (the MOL upstream gas Exploration and Production division (‘MOL E & P’)). However, as part of the transaction, MOL and MOL WMT have entered into a new long-term gas supply agreement for the gas produced by MOL E & P (the ‘Supply Agreement’).
C. RELEVANT MARKETS
RELEVANT NATURAL GAS MARKETS
(a) Relevant product markets
(12)
Taking into consideration the specificities of the Hungarian gas markets, the Commission has identified the following relevant product markets in the gas sector:
(i)
Transmission of gas;
(ii)
Distribution of gas;
(iii)
Storage of gas;
(iv)
Supply of gas to traders;
(v)
Supply of gas to Regional Distribution Companies (‘RDCs’);
(vi)
Supply of gas to large power plants;
(vii)
Supply of gas to large industrial customers (with an hourly consumption exceeding 500 m3/hour);
(viii)
Supply of gas to small industrial and commercial customers (with an hourly consumption below 500 m3/hour); and
(ix)
Supply of gas to residential customers.
(13)
Since 1 July 2004, all non-residential customers have become eligible customers free to choose their supplier under Hungarian law. Residential customers will become eligible on 1 July 2007 at the latest.
(14)
The Hungarian natural gas sector is characterised by a hybrid model, with the coexistence of a regulated segment of the market (or ‘public utility market’), resulting from the old gas regime in Hungary, and a liberalized segment of the market (or ‘open segment of the market’). In the regulated segment of the market, the public utility wholesaler (MOL WMT) is under an obligation by law to cover the full natural gas demand for public utility purposes of the RDCs, whereas the RDCs are under an obligation to source their natural gas needs for their public utility customers exclusively from the public utility wholesaler (at regulated prices). The RDCs, the public utility suppliers, have in turn the exclusive right and obligation to supply the customers situated in their territory at regulated prices. Eligible customers have the choice between remaining supplied within a public utility contract by their historic gas supplier (their RDC or the public utility wholesaler, MOL WMT if the customer was supplied directly by MOL WMT) or terminating their public utility contract and purchasing their gas requirements from a trader or importing natural gas themselves. It is expected that this hybrid model will disappear after July 2007.
(15)
The market investigation has confirmed that there exists a separate product market for the supply of gas to traders in Hungary, on which importers/producers sell gas to traders, and traders sell each other gas, for onwards supply on the open segment of the market. On the regulated segment of the market, the RDCs have the obligation to purchase gas for their public utility needs from the public utility wholesaler (MOL WMT).
(b) Geographical markets
(16)
(In the present case the investigation has shown that all affected markets are national in scope with the exception of the markets for the distribution of gas and the supply of gas to residential customers, which are at present sub-national in scope (i.e. confined to specific distribution areas within Hungary).
RELEVANT ELECTRICITY MARKETS
(a) Relevant product markets
(17)
Taking into consideration the specificities of the Hungarian markets, the Commission has identified the following relevant product markets in the electricity sector:
(i)
Transmission of electricity;
(ii)
Distribution of electricity;
(iii)
The provision of balancing power;
(iv)
Wholesale supply of electricity to traders;
(v)
Wholesale supply of electricity to the public utility wholesaler;
(vi)
Wholesale supply of electricity to RDCs;
(vii)
Retail supply of electricity to medium and large commercial and industrial customers;
(viii)
Retail supply of electricity to small commercial and industrial customers; and
(ix)
Retail supply of electricity to residential customers.
(18)
The Hungarian electricity sector is also characterised by a hybrid model, including a regulated segment and an open segment. On 1 July 2004, all non-residential customers became eligible customers. Residential customers will become eligible on 1 July 2007. As in the gas sector, eligible customers have the right, but not the obligation to switch suppliers, and may thus stay with their respective regional supplier in the context of a public utility contract. There are however more customers that have switched to the open segment of the market in the electricity sector than in the gas sector. In June 2005, the open segment represented 32 % of the total Hungarian electricity consumption.
(b) Geographical markets in electricity
(19)
In the present case, most of the affected markets are national in scope with the exception of the market for the distribution of electricity and the retail supply of electricity to residential customers, which are at present sub-national in scope (i.e. confined to specific distribution areas within Hungary).
D. COMPETITIVE ASSESSMENT
GAS MARKETS
(a) MOL WMT holds a dominant position in the wholesale supply of gas in Hungary
(20)
Due to its previous position as legal monopolist, MOL WMT holds a dominant position in the wholesale supply of gas to RDCs and to traders in Hungary. While MOL WMT retains its former monopoly rights on the regulated segment of the market, the Commission’s investigation has revealed the existence of significant barriers to entry on the open segment of the Hungarian gas market. The main barrier faced by new entrants in Hungary is the difficulty of access to competitive sources of gas, and the lack of liquidity of the Hungarian gas wholesale market.
(21)
In particular, MOL WMT controls and will keep controlling access to domestic gas resources and to competitive imports.
(22)
Hungarian domestic gas production is not negligible and amounted to approximately 3 bcm in 2004, accounting for about 20 % of the total national gas consumption. The investigation has also shown that Hungarian gas is competitive compared to imported gas.
(23)
Although MOL E & P is not being acquired by E.ON under the proposed transaction, MOL E & P and MOL WMT have entered into a 10-year supply agreement for the domestic gas produced by MOL E & P as part of the transaction. Under the terms of this supply agreement, the volumes of gas to be supplied by MOL E & P to MOL WMT are set by reference to MOL E & P’s production forecasts. The Commission has found that no domestic gas will be available for third parties […], as the contracted volumes correspond to MOL E & P’s production forecasts and that the quantities available for third parties for the remainder of the contract will be at most [27-37 %] of MOL E & P’s production forecasts.
(24)
Imports account for 80 % of total gas consumption in Hungary and are expected to increase, as domestic production is declining. There are two entry points from which to import gas, the Eastern entry point (Beregovo, at the Ukrainian border) and the Western entry point (HAG, at the Austrian border).
(25)
The investigation has shown that all gas imported in Hungary - and the only competitive source of gas - is gas from Russia (i.e., sourced from Gazprom), or gas from a CIS country (in particular Turkmenistan) transiting through Russia and Ukraine (i.e., via transit pipelines under the control of Gazprom). Alternative gas sources are not expected to be available in Hungary before 2012 when the NABUCCO pipeline (bringing gas from the Middle East and Caspian area) becomes operational.
(26)
Prior to the liberalisation, MOL had a monopoly to import gas into Hungary. In order to secure its gas supply, MOL WMT has entered into long-term supply agreements with a duration of up to […] (until […]) with Panrusgáz, Gaz de France (‘GdF’), E.ON and Bothli-Trade (Bothli-Trade has assigned this contract to EMFESZ, the only new entrant so far on the Hungarian gas market). The gas purchased by MOL WMT from E.ON and GdF, imported through the Western entry point, is physically Russian gas and is approximately [27-37 %] more expensive than the gas purchased from Gazprom via Panrusgáz or from EMFESZ.
(27)
The market investigation has shown that it is currently difficult for new entrants to get access to Russian gas in parallel to MOL WMT’s existing contracts. It appears that there would be no incentive on the part of Gazprom to sell ‘more’ gas for exports to Hungary, other than the gas necessary to cover the ‘supply gap’ between the future increase in the Hungarian demand and the demand already covered by the existing long-term import contracts of MOL WMT.
(28)
Gazprom already supplies through Panrusgáz, its joint venture with MOL, gas quantities covering most of the needs of Hungary. The Commission believes that it is not possible to purchase gas from Gazprom to compete with MOL WMT. First, Gazprom has no incentive to sell gas to another gas trader at a cheaper price as the quantities would simply displace the quantities it already sells for the Hungarian market. Secondly, any gas Gazprom would sell at a more expensive price would not be competitive in Hungary.
(29)
In addition, MOL WMT enjoys and will keep enjoying significant incumbency advantages vis-à-vis potential new entrants in terms of security of supply, cost of transmission and storage of gas, notably thanks to its large customer base and significant volume of sales.
(30)
For these reasons, already prior to the transaction, MOL WMT is dominant on the various Hungarian gas wholesale markets (gas supply to RDCs, gas supply to traders, gas supply to power plants).
(b) Impact on the Hungarian gas markets
Supply of gas
- The new entity will have the ability and incentive to foreclose access to wholesale gas to its competitors (RDCs and traders) on the market for gas supply to small industrial and commercial customers
(31)
The essential change brought about by the transaction is that E.ON, unlike MOL, is active in the retail supply of gas to small industrial and commercial customers through its RDCs. The merger will thus result in the creation of a vertically integrated company, active both in gas wholesaling and in gas retailing. Immediately after the transaction, the new entity is likely to have the ability and incentive to foreclose its actual and potential competitors on the downstream market for the supply of gas to small industrial and commercial customers, as its competitors would have to rely on the new entity to procure their wholesale gas.
(32)
Following the merger, the new entity will have the ability to foreclose access to gas and raise its rivals’ costs in various ways. In the regulated segment of the market, where prices are regulated, the new entity could engage in non-price discrimination (such as delays in supply, reduction in quality of service, lack of flexibility, unwillingness to renegotiate, etc.). In the open segment of the market, it could directly increase the wholesale price of gas to traders and/or engage in non-price discrimination.
(33)
E.ON, through its RDCs, has a market share of around [15-25 %] on the market for gas supply to small industrial and commercial customers. The Commission’s analysis indicates that the new entity’s incentive to raise the costs of rivals and its optimal foreclosure strategy is likely to evolve with the regulatory environment.
(i)
Immediately after the transaction: as long as both retail prices to small industrial and commercial customers and wholesale gas prices are regulated, the new entity will have an incentive to raise the costs to rival RDCs through non-price discrimination. Simultaneously, it is likely to increase the price of wholesale gas to independent traders to capture customers that switch to the open segment of the market.
(ii)
In July 2007: regulated prices are expected to be suppressed. At that point all eligible customers will have to switch to the open segment of the market. It is then likely that the new entity will have an incentive to foreclose all its downstream rivals on the market for the supply of gas to small industrial and commercial customers either by increasing the cost of gas or by reducing the quality of supply, whatever is optimal.
(34)
As a result, competitors of the new entity are likely to be marginalised, thereby allowing the new entity to gain increased market power on the downstream market for the supply of gas to small industrial and commercial customers. This input foreclosure is also likely to discourage new entries in this market as potential entrants will not expect to be in a position to contract gas supplies with the new entity under terms and conditions similar to those applicable to E.ON’s affiliates. The Commission thus considers that the merger will significantly impede competition on the market for gas supply to small industrial and commercial customers.
- The new entity will have the ability and incentive to foreclose access to wholesale gas to its competitors (RDCs and traders) on the market for gas supply to residential customers
(35)
E.ON currently has a market share of around [15-25 %] on the market for gas supply to residential customers in Hungary. As in the market for gas supply to small industrial and residential customers, the new entity will have the ability and incentive to foreclose access to gas to its downstream competitors on the market for gas supply to residential customers, thereby significantly impeding competition thereon.
(36)
In the present case, since residential customers will become eligible in July 2007, i.e. only 18 months after the adoption of the present decision, the Commission considers that the main anticompetitive effects resulting from the merger will occur as from that date.
(37)
In addition to these future anticompetitive effects, the merger is also likely to produce immediate effects by (i) weakening rival retailers on the neighbouring and closely related market for the supply of gas to small industrial and commercial customers (which are likely entrants on the residential customer market); and (ii) discouraging potential new entrants to prepare their entry on the market (as market entry needs to be prepared well in advance).
- The new entity will acquire a dominant position in the supply of gas to large industrial customers
(38)
MOL WMT and RDCs have only been indirect competitors on the market for gas supply to large industrial customers as, on the regulated segment of the market, MOL WMT can only supply customers directly connected to the transmission network. In addition, RDCs are obliged to source their gas from MOL WMT. So far few customers have been able to obtain better offers on the open segment of the market from traders such as EMFESZ because regulated prices have remained quite low.
(39)
As of July 2007, the hybrid model and regulated prices will disappear for large industrial customers. Although MOL WMT, as a gas trader, would have been able to gain more large industrial customers connected to distribution networks, the merger results in the addition of MOL WMT’s and E.ON’s significant customer portfolios (for E.ON, through its controlled RDCs (KÖGÁZ, DDGÁZ) and, arguably, of FŐGÁZ, about which it has privileged information), to the new entity will therefore immediately gain access to a significant customer base (a combined market share of around [40-50 %] as opposed to its current competitor EMFESZ and to potential entrants.
(40)
For these reasons the Commission takes the view that the merger will significantly impede competition on the market for gas supply to large industrial customers through the creation of a dominant position.
Storage of gas
(41)
MOL Storage is the only company able to offer gas storage services in Hungary. Access to storage is essential for any gas supplier to be active on the gas wholesale and retail markets, essentially in order to manage the seasonal fluctuations in the demand of its customers. The Commission believes that as a result of the merger, the new entity will have the ability and incentive to reinforce its gas input foreclosure strategy by adopting discriminatory behaviour in granting access to storage, even in a scenario of fully regulated prices for storage services (as required under the resolution of the Hungarian Energy Office approving the transaction).
(42)
The new entity may also control the development of new storage capacities in Hungary in view of (i) MOL Storage’s call option to purchase depleted fields from MOL E & P; and (ii) MOL’s incentive to favour MOL Storage in selling depleted fields of MOL E & P due to its remaining 25 % shareholding in MOL Storage.
Transmission of gas
(43)
MOL Transmission owns and manages the high pressure grid in Hungary. The 25 %+1 minority shareholding that MOL would retain in MOL WMT gives MOL Transmission an incentive to reinforce the gas input foreclosure strategy to the detriment of E.ON’s competitors downstream through discriminatory behaviour in granting access to the transmission network.
ELECTRICITY MARKETS
(44)
The Commission’s market investigation has also identified competition concerns on various electricity markets, resulting from the vertical integration of MOL WMT’s activities in the upstream market of gas supply to large power plants with E.ON’s activities in the downstream markets of electricity generation/wholesale and electricity retail.
(45)
Whereas MOL is not active in the electricity markets, E.ON has made significant investment in the electricity sector in Hungary since 1995. The group is currently active at the generation level with a small size gas-fired power plant in Debrecen (95 MW), and at the wholesale and retail supply level with ownership of three out of the six electricity RDCs and the electricity trading company E.ON EK. In addition, E.ON controls various companies involved in electricity retail supply in neighbouring countries.
(46)
Prior to the transaction, MOL WMT is already dominant in the market for the supply of gas to large power plants. The fundamental change brought about by the transaction is that the new entity not only has the ability but is now also likely to have the incentive to exploit its position as gatekeeper of gas resources in Hungary to foreclose its actual and potential competitors on the downstream electricity markets of wholesale supply of electricity to traders, retail supply of electricity to medium and large industrial and commercial customers, retail supply of electricity to small industrial and commercial customers, and retail supply of electricity to residential customers.
Electricity generation/wholesale
(47)
Total generation capacity in Hungary is approximately 8 000 MW in 2005, to be compared with the country’s peak load of 6 350 MW (in 2004). The Hungarian electricity generation is split between nuclear energy (1 800 MW installed capacity) and lignite, gas and coal power plants (5 700 MW installed capacity). Almost 40 % of electricity consumed in Hungary is generated by the Paksi nuclear power plant, the remaining 60 % is mainly generated by power plants burning hydrocarbons (lignite, gas and coal) and by imports. The major part of the large power plants’ capacity is booked under long-term power purchase agreements (‘PPAs’) with MVM, the Hungarian electricity incumbent and public utility wholesaler. The market investigation has established that the total capacity booked under PPAs amounted to 4 000-5 000 MW in 2005.
(48)
It is estimated that significant new electricity generation capacity (5 000 MW or 60 % of current installed capacity) will be needed in Hungary by 2020 to replace old power plants (3 500 MW) and to satisfy the increase in demand. Accordingly, Hungarian electricity generation capacity should increase from 8 000 MW to approximately 10 500 MW.
(49)
The Commission’s market investigation on existing new power plants projects in Hungary has established that gas will be the predominant fuel for new power plants. The Hungarian energy regulator considers that gas-fired power plants could reach approximately 60 % of new generation capacity.
(50)
Electricity imports into Hungary are essentially made by electricity traders for transit or to supply medium and large customers. MVM, the public utility wholesaler, accounted for [30-40 %] of electricity imports in 2003. E.ON was the second largest importer, ahead of other electricity traders, with [10-20 %] of imports. According to a 2005 study of MAVIR, the electricity transmission operator, Hungarian electricity imports are expected to decline over the next 10 years, while the total electricity demand will continue to increase in Hungary. The share of electricity imports in the total electricity demand would therefore decline while the share of domestic production would increase.
(51)
Prior to the transaction, MOL WMT already has a dominant position in the market for the supply of gas to large power plants. Following the transaction, the new entity will thus have the ability to determine its competitors’ power plants gas supply conditions (prices, rules for nomination, take-or-pay penalties, interruptibility, etc.) and to discriminate against rival power generators in several ways.
(52)
The Commission’s investigation has shown that, immediately after the transaction, E.ON is likely to pursue two strategies to strengthen its position in both electricity generation/wholesale supply and electricity retail supply in Hungary.
(53)
As regards new power plants, E.ON is likely to increase the cost of gas to its competitors’ new gas-fired power plants, with the aim to deter these rivals from building new gas-fired power plants and to favour its own new power plants projects. This strategy would be attractive for E.ON in view of its strong interest in expanding significantly its power generation capacity in Hungary. E.ON may also discriminate against new gas-fired power plants that do not supply its downstream electricity retail affiliates. This strategy would be economically rational as it would provide E.ON with a certain degree of control over the electricity generation/wholesale market and additional competitive advantage on the electricity retail market.
(54)
As regards existing power plants, the new entity is likely to implement the same foreclosure strategies with the objective of limiting their ability to compete on the open segment of the generation/wholesale market and to eventually induce them to exit the market. Several market players have expressed the concern that E.ON would then seek to acquire their assets.
(55)
In the future liberalized regulatory framework characterized by greater power generation capacity available on the open segment of the market (and by E.ON’s larger share in power generation), the foreclosure strategies described above will be even more effective and therefore damaging. They would reduce the ability of rival gas-fired power plants to compete and limit the scope for the development of the competitive electricity wholesale market.
(56)
E.ON’s strategy would lead to a slower and less competitive development of new generation capacity in Hungary starting immediately after the transaction (compared to a situation where new power plants would be built by distinct market players) and ultimately to higher electricity wholesale prices. It would thus impede effective competition on the market for generation/wholesale supply of electricity to traders.
Electricity retail
(57)
E.ON is clearly the leading player in the retail supply of electricity in Hungary. It is the only group with strong positions in both the regulated segment (with three out of six RDCs) and the open segment (E.ON EK is one of the three largest electricity traders in Hungary), with a market share around [40-50 %].
(58)
E.ON’s strategy on the electricity generation/wholesale market would significantly impede competition on all the markets for the retail supply of electricity. This impact would first result of the non-competitive development in new generation capacity and higher wholesale prices. Second, the new entity’s likely strategy to link the gas supply and electricity purchase of gas-fired power plants would reduce the ability of rival electricity retailers to source competitive electricity and would increase the new entity’s already strong market power in electricity retail. Finally, the Commission’ market investigation has indicated that dual offers (gas and electricity) are likely to play an important role in Hungary. According to the Commission, E.ON will have the ability and incentive immediately after the transaction to prevent any other company active in electricity retail from developing dual offers by foreclosing access to gas resources to those competitors willing to pursue this marketing strategy, thereby significantly impeding competition on the markets for the supply of electricity to small industrial and commercial and residential customers.
E. COMMITMENTS
(59)
In order to remove the competition concerns described above on the gas and electricity markets, E.ON submitted on 20 October 2005 a package of commitments. On 16 November 2005, the E.ON submitted revised commitments and on 8 December, the final version of the commitments was submitted. The Commission believes that the undertakings, substantially improved following the market test compared to the parties’ initial offer, meet the concerns expressed by third parties as regards the need to ensure sufficient liquidity of gas on the Hungarian wholesale gas market at price and conditions which will allow third parties to compete effectively with the new entity on the downstream gas and electricity markets in Hungary.
UNBUNDLING
(60)
First, pursuant to the commitments, MOL will divest its remaining shareholdings of 25 % + 1 share in MOL Storage and MOL WMT within six months following the date of closing. In addition, MOL will not to acquire direct or indirect minority stakes in MOL WMT and MOL Storage for a period of 10 years as long as E.ON is a majority shareholder of these companies.
(61)
The divestiture of MOL’s 25 % shareholdings in MOL Storage and MOL WMT pursuant to the commitments removes the concerns stemming from the structural links between MOL and E.ON. The market test has, to a large extent, welcomed the severing of the structural links between the parties.
(62)
Secondly, pursuant to the commitments, MOL will not exercise the put option for the 25 % + 1 share interest in MOL Transmission. In addition, MOL will not sell to E.ON or any of its affiliates, for a period of 10 years as long as E.ON is a majority shareholder of MOL WMT and MOL Storage, a share interest in MOL Transmission that would not result in the acquisition of sole or joint control over MOL Transmission by E.ON.
(63)
This remedy will provide the competent competition authorities with the opportunity to review the creation of any structural link between the new entity and MOL Transmission (notably if the put option is exercised) in the framework of the market conditions prevailing at such time.
GAS RELEASE AND CONTRACT RELEASE
(64)
E.ON undertakes to implement a gas release program in Hungary by way of business-to-business internet auctions. The gas release program foresees eight annual auctions of 1 bcm of gas (in 2006, 2007, 2008, 2009, 2010, 2011, 2012 and 2013) and will have a duration of nine years until July 2015. The Hungarian Energy Office and a Monitoring Trustee will supervise the auctions and the implementation of the gas release program.
(65)
In addition, E.ON undertakes to assign to a third party (the ‘Third Party’) half of the contract between MOL WMT and MOL E & P for the supply of domestic gas (‘Supply Contract’) within six months from the date of the closing. Once the contract assignment becomes effective, the Third Party will take over all the rights and obligations of MOL WMT under the Supply Agreement for the part assigned to it. The assignment will become effective at the beginning of the gas year 2007 (July 2007) and will be valid for the whole duration of the Supply Contract, until July 2015. The part of the Supply Contract to be assigned represents approximately 7.6-10 bcm of gas in total, with the volumes to be released in the first year amounting to 1.2 bcm.
(66)
To assess properly whether the gas release and the contract release commitments submitted by the parties are suitable to remove the competition concerns identified during the procedure, the Commission has reviewed existing similar programs in various European countries and carried out a market test with Hungarian gas and electricity operators.
(67)
The Commission has reached the conclusion that the gas release program and the contract release as offered by the parties, incorporating the amendments and improvements proposed by third party respondents to the market test, are sufficient to remove all the competition concerns resulting from the transaction. In particular, the combination of the gas release program and the contract release will ensure that all market participants (whether gas customers or traders) will have the ability to source their gas needs under competitive and non-discriminatory conditions and, for at least a significant part, independently from the merged entity.
(68)
The Commission considers that the total volumes of gas to be released are suitable to create sufficient liquidity of gas on the Hungarian wholesale gas markets so as to ensure that effective competition can develop and remain sustainable on the downstream gas and electricity markets. The total quantities of gas to be released through both remedies are significant in comparison to other existing gas release programs (2 bcm on a yearly basis, or up to 14 % of total Hungarian domestic consumption).
(69)
The duration of the gas release program and contract release (until July 2015) will ensure that sufficient liquidity will be available for a sufficiently long time until the market structure and competitive conditions have changed. Furthermore, the price mechanism foreseen for both the gas release program and the contract release will ensure that successful bidders will obtain gas at the same (or possibly better in the case of the gas release program) competitive conditions as the new entity. The Commission considers this pricing mechanism is attractive for third parties and will provide good incentives to participate actively in the gas release program’s auctions.
(70)
With respect to the gas release program, the Commission believes that the program offered by the parties is designed, as regards its main features (volumes, duration, price mechanism) and in its more technical features (size of lots, duration of contracts, flexibility rules) largely in line with the criteria considered to be most relevant for the successful implementation of gas release programs. The detailed rules for the effective implementation of the auction and the gas supply contracts will be elaborated by the parties under the scrutiny of the Hungarian Energy Office, and submitted to the Commission for its approval.
(71)
With respect to the contract release, the Commission believes that the Third Party assignee of the contract release will constitute a sizeable and sustainable competitive force in the Hungarian gas markets. It will have sufficient long-term gas resources to develop its position on the Hungarian gas markets and introduce liquidity on these markets
ACCESS TO STORAGE
(72)
E.ON undertakes to grant access to storage capacities at regulated prices and conditions to gas customers and traders that purchase gas directly through the gas release program or the contract release. In particular, E.ON undertakes to offer access to sufficient storage capacities for those end users and wholesalers even if they purchase gas for the first time (for new customers) or develop an increased demand for storage (as the current regulatory framework only guarantees transfer to the new supplier of the storage capacity up to the existing consumption of existing customers).
(73)
The Commission considers that this commitment is sufficient to grant an effective and non-discriminatory access to the storage capacities for the relevant gas quantities and will enable traders and customers to structure the acquired gas according to their own or their customers’ needs. The commitment on storage will contribute to make the gas and contract release attractive for third parties.
F. CONCLUSION
(74)
For the reasons mentioned above, considered individually or together, the Commission has come to the conclusion that the commitments submitted by E.ON are sufficient to address the competition concerns raised by this concentration.
(75)
The Commission’s Decision therefore has declared the notified transaction compatible with the common market and the functioning of the EEA Agreement pursuant to Article 8(2) of the Merger Regulation.
(1) OJ L 24, 29.1.2004, p. 1.
////////////
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COMMISSION DECISION of 28 March 1996 amending Decision 95/424/EC adopting the plan allocating to the Member States resources to be charged to the 1996 budget year for the supply of food from intervention stocks for the benefit of the most deprived persons in the Community (96/263/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 3730/87 of 10 December 1987 laying down the general rules for the supply of food from intervention stocks to designated organizations for distribution to the most deprived persons in the Community (1), as amended by Regulation (EC) No 2535/95 (2), and in particular Article 6 thereof,
Whereas Commission Regulation (EEC) No 3149/92 (3), as last amended by Regulation (EEC) No 267/96 (4), sets detailed rules for the supply of food from intervention stocks for the benefit of the most deprived persons in the Community; whereas it also contains provisions on mobilization on the Community market should intervention stocks of certain products not be available at the time;
Whereas the Commission by Decision 95/424/EC (5) adopted the plan allocating 1996 budget resources to the Member States; whereas this plan determines the amounts available to execute the 1996 plan in each Member State and sets the quantities of each product to be withdrawn from intervention stocks; whereas when it was adopted availability in intervention storage of certain products was lower than the requirements expressed by Member States; whereas the product quantities to be withdrawn form intervention should be adjusted to take account of present availability and allocations made for mobilization on the market of products not available in intervention storage; whereas unused resources notified to the Commission should be reassigned pursuant to Article 3 (3) of Regulation (EEC) No 3149/92;
Whereas the measures provided for in this Decision are in accordance with the opinion of all the relevant management committees,
HAS ADOPTED THIS DECISION:
Article 1
The Annex to Decision 95/424/EC is replaced by the Annex to this Decision.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 28 March 1996.
|
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COMMISSION REGULATION (EC) No 912/2008
of 18 September 2008
laying down the allocation coefficient to be applied to applications for import licences lodged under the import tariff quota opened by Council Regulation (EC) No 964/2007 for rice originating in least-developed countries
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
Having regard to Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (2), and in particular Article 7(2) thereof,
Whereas:
(1)
Commission Regulation (EC) No 964/2007 (3) opened for the marketing year 2008/09 an annual import tariff quota of 6 694 tonnes of rice in husked rice equivalent falling within CN code 1006, originating in least-developed countries (order number 09.4178).
(2)
The notification made in accordance with Article 4(a) of Regulation (EC) No 964/2007 shows that the applications lodged during the first seven days of September 2008 in accordance with Article 2(4) of that Regulation exceed the quantities available. The extent to which import licences may be issued should therefore be determined and the allocation coefficient to be applied to the quantities applied for should be laid down,
HAS ADOPTED THIS REGULATION:
Article 1
Applications for import licences for rice originating in the least-developed countries listed in Annex I to Council Regulation (EC) No 980/2005 (4), under the quota for the 2008/2009 marketing year referred to in Regulation (EC) No 964/2007, lodged during the first seven days of September 2008 shall be accepted for the quantities applied for multiplied by an allocation coefficient of 70,583119 %.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 September 2008.
|
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*****
COMMISSION DECISION
of 25 June 1987
derogating from High Authority Recommendation No 1-64 concerning an increase in the protective duty on iron and steel products at the external frontiers of the Community
(126th derogation)
(Only the Danish text is authentic)
(87/360/ECSC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Articles 2 to 5, 8, 71 and 74 thereof,
Having regard to High Authority Recommendation No 1-64 of 15 January 1964 to the Governments of the Member States concerning an increase in the protective duty on iron and steel products at the external frontiers of the Community (1), as last amended by Recommendation 81/772/ECSC (2), and in particular Article 3 thereof,
Whereas Denmark has shown the existence of exceptional and temporary difficulties in supplying its transforming industry on the Community market with special sheet for the manufacture of preserved-food cans; whereas such difficulties should have disappeared by the end of 1987;
Whereas the Danish Government has accordingly requested the Commission to authorize from 1 January to 31 December 1987 duty-free imports from third countries of the required amount of special sheet needed;
Whereas this exceptional importation is justified for the reasons of commercial policy provided for in Article 3 of the said Recommendation No 1-64; whereas the Commission may therefore grant a derogation from the said Recommendation;
Whereas the Governments of the Member States have been consulted on the abovementioned request,
HAS ADOPTED THIS DECISION:
Article 1
Denmark is hereby authorized to derogate from the obligations under Article 1 of Recommendation No 1-64 to the extent necessary to import duty-free from third countries 3 000 tonnes of cold-rolled non-alloyed steel plate of a thickness of less than 0,5 mm, electrolytically plated or coated on both sides with a layer of not more than 0,05 micrometres of metallic chromium of not less than 70 mg/m2 but not more than 130 mg/m2 and of chromium oxide containing not less than 10 mg/m2 but not more than 25 mg/m2 chromium.
The product in question falls within subheading ex 73.13 B IV d) of the Common Customs Tariff.
Article 2
The Danish Government shall take all necessary steps to avoid the possibility of products imported under the tariff quota being re-exported to other Member States in the same state as that in which they were imported.
Article 3
This Decision shall be valid from 1 January to 31 December 1987.
Article 4
This Decision is addressed to the Kingdom of Denmark.
Done at Brussels, 25 June 1987.
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*****
COMMISSION REGULATION (EEC) No 701/90
of 22 March 1990
suspending advance fixing of export refunds on certain cereals exported in the form of prepared foods obtained by the swelling or roasting of cereals or cereal products
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organization of the market in cereals (1), as last amended by Regulation (EEC) No 201/90 (2), and in particular the first paragraph of Article 16 (7) thereof,
Having regard to Council Regulation (EEC) No 3035/80 of 11 November 1980 laying down general rules for granting export refunds on certain agricultural products exported in the form of goods not covered by Annex II to the Treaty, and the criteria for fixing the amount of such refunds (3), as last amended by Regulation (EEC) No 3209/88 (4), and in particular the first subparagraph of Article 5 (3) thereof,
Whereas Article 16 (7) of Regulation (EEC) No 2727/75 and Article 5 (3) of Regulation (EEC) No 3035/80 make prevision for advance fixing of the refund to be suspended for basic products exported in the form of certain goods;
Whereas the situation on certain markets may make it necessary for the refunds on certain products to be adjusted; whereas in order to prevent applications for advance fixing of refunds for speculative purposes, the abovementioned advance fixing should be suspended until this adjustment comes into force.
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
Advance fixing of export refunds on maize exported in the form of prepared foods obtained by the swelling or roasting of cereals or cereals products falling within CN code 1904 10 10 is suspended up to 26 April 1990 inclusive.
Article 2
This Regulation shall enter into force on 23 March 1990.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 March 1990.
|
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COMMISSION REGULATION (EEC) No 725/80 of 27 March 1980 amending Regulation (EEC) No 1624/76 as regards skimmed-milk powder sold by the 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 804/68 of 27 June 1968 on the common organization of the market in milk and milk products (1), as last amended by Regulation (EEC) No 1761/78 (2), and in particular Article 10 (3) thereof,
Whereas the authorization referred to in the third subparagraph of Article 3 (1) of Council Regulation (EEC) No 986/68 of 15 July 1968 laying down general rules for granting aid for skimmed milk and skimmed-milk powder for use as feed (3), as last amended by Regulation (EEC) No 1273/79 (4), and in Article 1 of Commission Regulation (EEC) No 1624/76 of 2 July 1976 concerning special arrangements for the payment of aid for skimmed-milk powder denatured or processed into compound feedingstuffs in the territory of another Member State (5), as last amended by Regulation (EEC) No 1726/79 (6), refers only to skimmed-milk powder produced in the consignor Member State;
Whereas strict application of those provisions entails differential treatment, as regards the granting of aid, for skimmed-milk powder sold by the same intervention agency, according to the Member State where the product is manufactured ; whereas, in order to avoid the practical difficulties which this would cause, it is appropriate to lay down that the skimmed-milk powder sold by the intervention agency of a Member State shall be considered, for the purposes of Regulation (EEC) No 1624/76, as having been produced on the territory of that Member State;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,
HAS ADOPTED THIS REGULATION:
Article 1
The following paragraph is added to Article 1 of Regulation (EEC) No 1624/76:
"For the purposes of the foregoing paragraph, skimmed-milk powder sold by the intervention agency of the consignor Member State shall be considered as having been produced on the territory of that Member State."
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 March 1980.
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COMMISSION REGULATION (EC) No 2429/94 of 6 October 1994 concerning imports of certain processed mushroom products originating in third countries
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1796/81 of 30 June 1981 on measures applicable to imports of mushrooms of the species Agaricus spp. falling within CN codes 0711 90 40, 2003 10 20 and 2003 10 30 (1), as last amended by Regulation (EEC) No 1122/92 (2), and in particular Article 6 thereof,
Whereas Article 3 (3) of Regulation (EEC) No 1796/81 lays down that the quantity which may be imported free of the additional amount must be allocated among the supplier countries, account being taken of traditional trade flows and of new suppliers;
Whereas Article 3 (3) of Commission Regulation (EEC) No 1707/90 of 22 June 1990 laying down detailed rules for the application of Regulation (EEC) No 1796/81 on imports of preserved cultivated mushrooms from third countries (3), as last amended by Regulation (EC) No 1901/94 (4), allocates the quantity which may be imported free of the additional amount among the supplier countries; whereas Article 3 (1) of that Regulation provides for the possibility of reviewing the allocation on the basis of the certificates issued during the first six months of the year in question; whereas the supply situation as revealed by certificates issued at 30 June 1994 appears to justify a new allocation of the quantity concerned for the current year;
Whereas Commission Regulation (EC) No 1415/94 of 21 June 1994 on the issuing of import licences for certain processed mushroom products originating in China (5), suspends the issuing of licences which may qualify for exemption from the additional amount provided for in Article 2 of Regulation (EEC) No 1796/81; whereas that Regulation should be repealed;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Products Processed from Fruit and Vegetables,
HAS ADOPTED THIS REGULATION:
Article 1
Until 31 December 1994, the allocation of the overall quantity laid down in Article 3 of Regulation (EEC) No 1796/81 and set out in Annex I to Regulation (EEC) No 1707/90 shall be adjusted in accordance with the Annex hereto.
Article 2
Regulation (EC) No 1415/94 is hereby repealed.
Article 3
This Regulation shall enter into force on the fifth day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 6 October 1994.
|
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COMMISSION REGULATION (EC) No 254/2008
of 18 March 2008
on the issuing of import licences for applications lodged during the first seven days of March 2008 under the tariff quota opened by Regulation (EC) No 1384/2007 for poultrymeat
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2777/75 of 29 October 1975 on the common organisation of the market in poultrymeat (1),
Having regard to Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (2), and in particular Article 7(2) thereof,
Having regard to Commission Regulation (EC) No 1384/2007 of 26 November 2007 laying down detailed rules for the application of Council Regulation (EC) No 2398/96 as regards the opening and providing for the administration of certain quotas for imports into the Community of poultrymeat products originating in Israel (3), and in particular Article 5(5) thereof,
Whereas:
(1)
The applications for import licences lodged (under the quota bearing the serial number 09.4092) during the first seven days of March 2008 for the subperiod 1 April to 30 June 2008 relate to quantities exceeding those available. The quantities for which licences may be issued should therefore be determined by setting the allocation coefficient by which the quantities applied for are to be multiplied.
(2)
The applications for import licences lodged (under the quota bearing the serial number 09.4091) during the first seven days of March 2008 for the subperiod 1 April to 30 June 2008 do not cover the total quantities available. The quantities for which applications have not been lodged should therefore be determined, and these should be added to the quantity fixed for the following quota subperiod,
HAS ADOPTED THIS REGULATION:
Article 1
1. The quantities for which import licence applications have been lodged for the subperiod 1 April to 30 June 2008 under Regulation (EC) No 1384/2007 shall be multiplied by the allocation coefficients set out in the Annex to this Regulation.
2. The quantities for which applications have not been lodged, to be added to the quantity fixed for the subperiod 1 July to 30 September 2008, shall be as set out in the Annex.
Article 2
This Regulation shall enter into force on 19 March 2008.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 March 2008.
|
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