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http://publications.europa.eu/resource/cellar/30a0a1de-a288-404f-b40d-e6ecee8ce056
32000D0615(01)
Council Decision of 5 June 2000 appointing members and alternate members of the Advisory Committee on Vocational Training
2000-06-05
eng
[ "Council of the European Union" ]
[]
[]
[]
[ "html", "pdf", "print" ]
[ "advisory committee (EU)", "appointment of staff", "vocational training" ]
[ "6050", "3559", "1074" ]
15.6.2000 EN Official Journal of the European Communities C 165/1 I (Information) COUNCIL COUNCIL DECISION of 5 June 2000 appointing members and alternate members of the Advisory Committee on Vocational Training (2000/C 165/01) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, Having regard to the Council Decision of 18 December 1963 laying down the Rules of the Advisory Committee on Vocational Training (1), Having regard to the lists of candidates submitted to the Council by each of the Governments of the Member States, Whereas: On 2 April 1963 the Council adopted the Decision laying down general principles for implementing a common vocational training policy (2), and in particular the fourth principle thereof. By its decision of 16 March 1998 (3), the Council appointed members and alternate members of the Advisory Committee on Vocational Training for the period from 16 March 1998 to 15 March 2000. The members and alternate members of the Advisory Committee on Vocational Training should be appointed for a a two-year period, HAS DECIDED AS FOLLOWS: Article 1 The following are hereby appointed members and alternate members of the Advisory Committee on Vocational Training for the period from 5 June 2000 to 4 June 2002: I. GOVERNMENT REPRESENTATIVES (a) Members Belgium Denmark Germany Greece Spain France Ireland Italy Luxembourg Netherlands Austria Portugal Finland Sweden United Kingdom Mr P. SIMAR Mr R. S. (cid:216)STERLUND Mr U. HAASE Ms D. GANA Ms F. ARBIZU Mr B. LEGENDRE Mr P. DOWLING Ms A. VITTORE Mr A. SCHROEDER Ms E. E. VRUGGINK Mr P. KREIML Ms M. C. MEDEIROS SOARES Mr T. LANKINEN Mr A. FRANZ(cid:201)N Ms F. ORD Ms N. VANCOILLIE Mr V. HOVARD PEDERSEN Mr H. W. THOM(cid:201) Mr C. SFLOMOS Ms D. DE LA FUENTE V`ZQUEZ Mr J.-Y. de LONGUEAU Mr P. A. HOULIHAN Mr G. FIORI Mr G. ESTGEN Mr M. J. HUPKES Mr W. LENTSCH Mr D. BARROS FERNANDES Mr R. JARNILA Ms C. CRONSIOE Ms M. EAST (1) OJ 190, 30.12.1963, p. 3090/63, amended by the Decision of 9.4.1968 (OJ L 91, 12.4.1968, p. 26). (2) OJ 63, 20.4.1963, p. 1338/63. (3) OJ C 99, 16.3.1998, p. 4. C 165/2 EN Official Journal of the European Communities 15.6.2000 (b) Alternates Belgium Denmark Germany Greece Spain France Ireland Italy Luxembourg Netherlands Austria Portugal Finland Sweden United Kingdom Mr P. DOMS Mr S.-E. POVELSEN Ms J. BITTNER-KELBER Mr I. KIKILIAS Mr J. M.a D˝AZ ZABALA Ms H. JOURDAN Mr P. NEALON Mr M. LIMINA Mr A. FRANK . . . (1) Mr T. SIEGL Mr R. GON˙ALVES Ms T. LEMINEN Mr L. DAVIDSSON Ms U. CHATTERJEE II. WORKERS’ REPRESENTATIVES (a) Members Belgium Denmark Germany Greece Spain France Ireland Italy Luxembourg Netherlands Austria Portugal Finland Sweden United Kingdom (b) Alternates Belgium Denmark Germany Greece Spain France Ireland Italy Luxembourg Netherlands Austria Portugal Finland Sweden United Kingdom Mr J.-M. DEBAENE Mr E. SCHMIDT Mr S. OLIVER L(cid:220)BKE Mr Ch. DANELIS Mr T. ESCORIAL Mr J.-J. BRIOUZE Mr D. MAHON Mr R. PETTENELLO Mr F. SPELTZ Ms R. C. MAAN Ms O. GAUPER Mr L. COSTA Mr J.-P. JYRK˜NNE Ms B. LAN(cid:201)R Mr T. DUBBINS Ms M.-H. SKA Mr J. H(cid:216)JLUND Mr J. VOJTA Mr S. LEFTERIOTIS Ms L. GONZ`LEZ DE CH`VARRI Mr J.-M. MARTIN Ms A. PRENDERGAST Ms A. TIMI Mr T. WILTGEN Mr R. C. ROELOFSE Ms B. STIERL Mr J. F. ASSIS PACHECO Mr E. HUSU Ms E.-M. MORIN Ms L. SMITH Mr C. SERROYEN Ms A. DAHL Mr W. HEIDEMANN Mr G. PAVLIDAKIS Ms G. TORRES SASTRE Mr J.-M. JOUBIER Mr P. RIGNEY Mr P. GELARDI Mr R. SCHAAF Mr W. J. C. VAN DER POL Mr M. STURM Mr E. de ALMEIDA GUERRA DE OLIVEIRA Ms M. LAAMO Mr L. HALLENBERG Mr B. CLOUGH (1) As in 1998, the Government of the Netherlands waives its right to an alternate member. 15.6.2000 EN Official Journal of the European Communities C 165/3 III. EMPLOYERS’ REPRESENTATIVES (a) Members Belgium Denmark Germany Greece Spain France Ireland Italy Luxembourg Netherlands Austria Portugal Finland Sweden United Kingdom (b) Alternates Belgium Denmark Germany Greece Spain France Ireland Italy Luxembourg Netherlands Austria Portugal Finland Sweden United Kingdom Ms S. KOHNENMERGEN Ms M. RINGSTED Ms A. GERSTEIN Mr G. PROTOPAPPAS Mr J. N(cid:218)(cid:209)EZ VEL`ZQUEZ Mr A. DUMONT Ms A. O’DONOGHUE Mr P. FIORENTINO Mr C. KOEDINGER Mr A. J. E. G. RENIQUE Mr G. PISKATY Mr J. L. BARROSO Ms P. KILPEL˜INEN Ms M. NYGREN Mr M. MURRAY Mr E. ROBERT Mr F. LARSEN Ms H. WEIDMANN Ms I. PAPAGIANNI Mr J. M. MEN(cid:201)NDEZ VALD(cid:201)S Mr J.-P. BASTIAN Mr M. MULLAGH Mr A. OCCHIPINTI Mr T. MATHGEN Mr H. R. OTTEN Mr G. RIEMER Mr J. MELO Mr K. PURHONEN Mr p. ELMGREN Ms C. BAKEWELL Mr J. BELLEFROID Mr J. A. CHRISTIANSEN Mr K. SPELBERG Mr A. MARKOU Mr M. DEL CASTILLO RODR˝GUEZ Ms p. SAIDI Ms S. CROSBY Mr F. A. IANN(cid:211) Mr R. LEY Mr M. T. J. M. VAN LITH Mr J. STEIRINGER Ms A. COSTA ARTUR Ms M. AHO Ms G. STRAND Ms E. PRUVOST Article 2 This Decision shall be published, for information, in the Official Journal of the European Communities. Done at Luxembourg, 5 June 2000. For the Council The President J. PINA MOURA
http://publications.europa.eu/resource/cellar/f4aeb5a5-597b-49ab-be84-504ac0910f55
92000E001830
WRITTEN QUESTION P-1830/00 by Giorgio Lisi (PPE-DE) to the Council. Council's position on the problems linked with alcohol shipments subject to excise duty.
2000-06-05
eng
[ "European Parliament", "Provisional data" ]
[]
[]
[]
[ "html", "pdf", "print" ]
[ "Council of the European Union", "alcohol", "excise duty", "tax evasion" ]
[ "114", "1134", "1015", "1095" ]
18.4.2001 EN Official Journal of the European Communities C 113 E/43 (motor fuel, industrial or commercial use, heating purposes). In practice, most Member States apply rates that by far exceed these Community rates. However, these directives were the first step in an effort aimed at reducing existing differences in the levels of taxation of energy products and similar efforts were expected to follow. 3 and 5. Council Directive 92/81/EEC provides in its Article 8 for the possibility for total or partial exemptions or reductions in the rate of duty to mineral oils, under fiscal control, in order to take into account parameters such as the environment and competitiveness of industry in disadvantaged geographi- cal areas. Article 8(4) of Directive 92/81/EEC allows Member States, following a unanimous decision of the Council, to introduce exemptions or rate reductions other than those expressly provided in the Directive, on the basis of specific policy considerations. Italy has been authorised so far to apply reduced rates of duty on domestic fuels, liquefied petroleum gas (LPG) and other mineral oils consumed in certain regions or particularly disadvantaged geographical areas (3). 4. The Commission has no plans, for the time being, to propose legislation aimed at harmonising the levels of taxation of mineral oils in all Member States. In 1997 the Commission adopted a proposal for a new directive, restructuring the Community framework for the taxation of energy products (4). This proposal, if adopted, would modernise the Community system for the taxation of mineral oils and would extend its scope to all energy products. It would also allow the Community to reap the full benefit of the single market and meet its environmental objectives. The proposal is still under discussion in the Council and its adoption has proved very difficult to achieve due to the need for unanimous decisions on fiscal matters. (1) OJ L 316, 31.10.1992. (2) OJ L 331, 23.12.1999. (3) 1999/880/EC: Council Decision of 17 December 1999 authorising Member States to apply and continue to apply to certain mineral oils, when used for specific purposes, existing reduced rate excise duty or exemptions from excise duty, in accordance with the procedure provided for in Directive 92/81/EEC (OJ L 331, 23.12.1999). (4) OJ C 139, 6.5.1997. (2001/C 113 E/039) WRITTEN QUESTION P-1830/00 by Giorgio Lisi (PPE-DE) to the Council (5 June 2000) Subject: Council(cid:146)s position on the problems linked with alcohol shipments subject to excise duty This question has been transformed into an oral question H-0876/00. Reply (20 November 2000) 1. The Council would remind the Honourable Member of the conclusions that it adopted at its meeting on 19 May 1998 on fraud in the alcohol and tobacco sectors. At that meeting the Council emphasized the need for the Member States and the Commission to tackle fraud in the field of excise duties on alcohol and tobacco products. It also endorsed the summary of the report of the High Level Group on Fraud in the tobacco and alcohol sectors. Lastly, it underlined the importance, subject to the outcome of the feasibility study proposed by the Commission, of a computerised control system as a long term goal and gave a commitment to work towards the speedy implementation in the meantime of an effective early warning system to be operated on a selective basis. Since then the Commission has worked along these lines in these areas and the Council would invite the Honourable Member to address the Commission itself for further details and for the extent of progress made in the measures quoted above. 2. The current situation in general regarding both direct and indirect tax fraud and the possibility of enhancing administrative cooperation in these areas were discussed by the Ecofin Council at its meeting on 5 June 2000. C 113 E/44 Official Journal of the European Communities EN 18.4.2001 At that meeting the Council received a report from an ad hoc Working Party on Tax Fraud which had been set up by Coreper on 8 September 1999. The report showed that tax evasion within the Community had reached a disturbing level. All the Member States confirmed their willingness to step up the fight against fraud both internally and in relations with one another. The Council called on the Commission to submit as soon as possible proposals based on all the recommendations unanimously agreed upon in the course of the ad hoc Working Party(cid:146)s proceedings. This also applied to any measures which could be taken to solve the specific problems relating to excise fraud. (2001/C 113 E/040) WRITTEN QUESTION P-1833/00 by Rosemarie M(cid:252)ller (PSE) to the Council (5 June 2000) Subject: Terrorism Having regard in particular to the latest developments in the Philippines, I ask the Council: (cid:129) On what does the Council base its fundamental understanding of terrorism, and how in particular does it differentiate between forms of cross-border terrorism? (cid:129) Does the Council distinguish between different forms of terrorism? (cid:129) If so, between what different forms, and on the basis of what analytical framework? (cid:129) If not, why not? How does the Council assess the possibility: (cid:129) that European Union territory could be used as a fall-back position by foreign terrorists? (cid:129) that foreign terrorists could mount attacks on European Union territory? (cid:129) that terrorists acting independently of any state could come into the possession of weapons of mass destruction? (cid:129) how does it further assess the possibility that weapons of mass destruction might be deployed by terrorists acting independently of any state? What action has the Council taken hitherto to analyse and counteract the terrorist threat? To what extent does the Council cooperate in that connection with: (cid:129) Member State authorities? (cid:129) other states? (cid:129) international organisations? Reply (30 November 2000) The main basis of the European Union action against terrorism is the La Gomera declaration adopted 1. by the meeting of the European Council of 15/16 December 1995 in Madrid. The declaration provides: (cid:129) for increase of exchange of operational information about terrorist groups; (cid:129) improvement of coordination and cooperation between judicial authorities; (cid:129) handing over to the judicial authorities with jurisdiction of those responsible for terrorist acts.
http://publications.europa.eu/resource/cellar/3c158d52-01f8-467d-98a7-f7814c8c09cc
32000R1180
http://data.europa.eu/eli/reg/2000/1180/oj
Commission Regulation (EC) No 1180/2000 of 5 June 2000 establishing the standard import values for determining the entry price of certain fruit and vegetables
2000-06-05
eng
[ "European Commission" ]
[]
[]
[]
[ "pdf", "print" ]
[ "agri-monetary policy", "citrus fruit", "fruit vegetable", "import price", "pip fruit", "stone fruit" ]
[ "2511", "693", "1605", "2635", "1118", "1117" ]
6.6.2000 EN Official Journal of the European Communities L 133/1 I (Acts whose publication is obligatory) COMMISSION REGULATION (EC) No 1180/2000 of 5 June 2000 establishing the standard import values for determining the entry price of certain fruit and vegetables THE COMMISSION OF THE EUROPEAN COMMUNITIES, (2) Having regard to the Treaty establishing the European Community, the standard In compliance with the above criteria, import values must be fixed at the levels set out in the Annex to this Regulation, Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the last import arrangements amended by Regulation (EC) No 1498/98 (2), and in particular Article 4(1) thereof, fruit and vegetables (1), as for HAS ADOPTED THIS REGULATION: Article 1 Whereas: (1) Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade nego- tiations, the criteria whereby the Commission fixes the in standard values for imports from third countries, respect of the products and periods stipulated in the Annex thereto. The standard import values referred to in Article 4 of Regula- tion (EC) No 3223/94 shall be fixed as indicated in the Annex hereto. Article 2 This Regulation shall enter into force on 6 June 2000. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 5 June 2000. For the Commission Franz FISCHLER Member of the Commission (1) OJ L 337, 24.12.1994, p. 66. (2) OJ L 198, 15.7.1998, p. 4. L 133/2 EN Official Journal of the European Communities 6.6.2000 to the Commission Regulation of 5 June 2000 establishing the standard import values for determining the entry price of certain fruit and vegetables ANNEX CN code 0707 00 05 0709 90 70 0805 30 10 0808 10 20, 0808 10 50, 0808 10 90 0809 20 95 Third country code (1) Standard import value (EUR/100 kg) 052 628 999 052 999 388 528 999 388 400 404 508 512 528 720 804 999 400 999 76,1 125,1 100,6 63,2 63,2 59,1 56,8 58,0 83,9 90,0 97,4 76,2 92,0 88,6 85,4 98,0 88,9 368,8 368,8 (1) Country nomenclature as fixed by Commission Regulation (EC) No 2543/1999 (OJ L 307, 2.12.1999, p. 46). Code ‘999’ stands for ‘of other origin’.
http://publications.europa.eu/resource/cellar/0c78d6bd-c9c5-4831-9aba-8a6bb1ba5d8a
92000E001741
WRITTEN QUESTION E-1741/00 by Andrew Duff (ELDR) to the Council. The IGC.
2000-06-05
eng
[ "European Parliament", "Provisional data" ]
[]
[]
[]
[ "html", "pdf", "print" ]
[ "powers of the EP", "seat of institution" ]
[ "5518", "4180" ]
6.3.2001 EN Official Journal of the European Communities C 72 E/107 (2001/C 72 E/132) WRITTEN QUESTION E-1741/00 by Andrew Duff (ELDR) to the Council (5 June 2000) Subject: The IGC In a speech in Brussels on 10 May, the French Minister with responsibility for European Affairs promised to work (cid:145)actively and in good faith(cid:146) with the European Parliament. In that case, why does Mr Moscovici believe that Parliament is not to be trusted with decisions about its own working arrangements? What does he believe to be the essential qualities of a venue of an international parliament? How does the Strasbourg venue assist the efficiency and effectiveness of the European Parliament? Reply (28 September 2000) As the Honourable Member will appreciate, the Council can only speak on specific matters where it has reached a collective view or decision. As far as the venue of the European Parliament is concerned, this is laid down in paragraph (a) of the Treaty protocol on the location of the seats of the institutions. It would be entirely inappropriate for the Council as an institution to comment on views expressed by any individual member. (2001/C 72 E/133) WRITTEN QUESTION E-1744/00 by Glyn Ford (PSE) to the Commission (31 May 2000) Subject: Haemophiliacs Would the Commission provide the following information on haemophiliacs in EU countries: 1. The number/percentage of haemophiliacs in each Member State 2. The percentage of haemophiliacs in each Member State infected with the HIV virus 3. The percentage of haemophiliacs in each Member State infected with the Hepatitis C virus 4. Which Member States pay compensation to haemophiliacs who have been given either of these viruses through contaminated blood products. Answer given by Mr Byrne on behalf of the Commission (29 June 2000) The Commission does not collect information on the number of haemophilia patients in each Member State, the percentage infected with human immunodeficiency virus (HIV), nor the percentage infected with hepatitis C. The incidence of haemophilia in the general population, however, is estimated to be approximately 1 in 10 000. It is understood that compensation or financial assistance has been provided to people with haemophilia who are infected with HIV through blood products in nearly all the Member States.
http://publications.europa.eu/resource/cellar/9009bd0f-ef96-4a6f-baff-49552f839579
32000D0374
http://data.europa.eu/eli/dec/2000/374/oj
2000/374/EC: Commission Decision of 5 June 2000 amending Decision 98/272/EC on epidemio-surveillance for transmissible spongiform encephalopathies (notified under document number C(2000) 1144) (Text with EEA relevance)
2000-06-05
eng
[ "European Commission" ]
[]
[]
[]
[ "html", "pdf", "print" ]
[ "animal disease", "cattle", "epidemiology", "research body", "veterinary inspection" ]
[ "1755", "5034", "838", "3660", "1445" ]
8.6.2000 EN Official Journal of the European Communities L 135/27 COMMISSION DECISION of 5 June 2000 amending Decision 98/272/EC on epidemio-surveillance for transmissible spongiform encephalo- pathies (notified under document number C(2000) 1144) (Text with EEA relevance) (2000/374/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 89/662/EEC of 11 in intra- December 1989 concerning veterinary checks Community trade with a view to the completion of the internal market (1), as last amended by Directive 92/118/EEC (2), and in particular Article 9(4) thereof, Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (3), as last amended by Directive 92/118/EEC, and in particular Article 10(4) thereof, Whereas: (1) (2) (3) (4) (5) for transmissible Commission Decision 98/272/EC of 23 April 1998 on epidemio-surveillance spongiform encephalopathies (4) lays down the rules for measures to be taken by Member States where a transmissible spon- giform encephalopathy (TSE) is suspected in an animal, the minimum requirements the monitoring of bovine spongiform encephalopathy (BSE) and scrapie and the rules for sampling and laboratory testing for the presence of a TSE. for It is necessary to further clarify the measures in relation to animals killed following a suspicion of a TSE. A report of the evaluation of tests for the diagnosis of TSE in bovines was published by the Commission on 8 July 1999 and three tests were found to have an excel- lent sensitivity and an excellent specificity in detecting TSE in animals in the clinical stage of the disease. The use of the test in monitoring for BSE in bovine animals could significantly improve the efficacy of the monitoring, in particular if targeted on fallen stock and emergency slaughtered animals, as demonstrated in a monitoring programme carried out in Switzerland. The monitoring programme should be reviewed on a regular basis in the light of the results and experience gained in implementing the programme, therefore it is necessary to amend the rules on reporting and records (1) OJ L 395, 30.12.1989, p. 13. (2) OJ L 62, 15.3.1993, p. 49. (3) OJ L 224, 18.8.1990, p. 29. (4) OJ L 122, 24.4.1998, p. 59. and to introduce an additional report covering the first six months. The rules for laboratory testing for the diagnosis of BSE in bovine animals should be revised in the light of the recommendations of the Manual of Standards for Diag- nostic Tests and Vaccines of the World Organisation for Animal Health (Office international des épizooties) and the evaluation of the tests. It is necessary to list the national reference laboratories for TSEs. The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee, (6) (7) (8) HAS ADOPTED THIS DECISION: Article 1 Decision 98/272/EC is amended as follows: 1. The last following: sentence in Article 3(2) is replaced by the ‘All parts of the body of the suspect animal, including the hide, shall be retained under official supervision until a negative diagnosis has been made or until it has been destroyed by incineration or, under exceptional circum- stances, burned or buried in strict compliance with the conditions laid down in Article 3(2) of Council Directive 90/667/EEC (*). (*) OJ L 363, 27.12.1990, p. 51.’ 2. In Article 4, paragraph 1, the word ‘Annex’ is replaced by ‘Annex I’. 3. In Article 4, paragraph 2 is replaced by the following: ‘2. Member States shall submit an annual report to the Commission covering at least the information referred to in Annex II, part A. The report for each calendar year the shall be submitted at following year. The Commission shall present a summary of the country reports for each period covering at least the information referred to in Annex II, part B, to the Standing Veterinary Committee within three months of the receipt of the country reports.’ the latest by 31 March of L 135/28 EN Official Journal of the European Communities 8.6.2000 4. In Article 4, the following paragraph 3 is added: ‘3. Member States shall ensure that all official investiga- tions and laboratory examinations are recorded in accord- ance with Annex III.’ 5. Article 5 is replaced by the following: ‘Article 5 1. Sampling and laboratory testing for the presence of BSE in bovine animals shall be carried out using the methods and protocols laid down in Annex IV. Sampling and laboratory testing for scrapie in sheep shall be carried out using the methods and proto- cols laid down in the Manual of Standards for Diagnostic Tests and Vaccines of the World Organisation for Animal Health (Office international des épizooties), May 1999 edition. the presence of 2. The national reference laboratory in each Member State, as set out in Annex V, shall ensure coordination of diagnostic methods and protocols between the labora- tories approved for testing for the presence of TSEs and regularly verify the use of those diagnostic methods and protocols.’ 6. The following Article 8a is added: ‘Article 8a Without prejudice to Article 4(2), Member States shall submit a report covering January-June 2001 including at least the information referred to in Annex II, part A, to the Commission by 1 October 2001, at the latest. The provisions of Annex I and II shall be reviewed every six months in the light of the results of the monitoring and experience gained in implementing the programme. The provisions of Annex IV shall be reviewed in the light of the development of the Manual of Standards for Diag- nostic Tests and Vaccines of the World Organisation for Animal Health (Office international des épizooties). The provisions of Annex IV A shall be reviewed in the light of further evaluation of diagnostic methods.’ 7. The Annex is replaced by the Annex to the present Decision. This Decision shall apply from 1 January 2001. Article 2 This Decision is addressed to the Member States. Article 3 Done at Brussels, 5 June 2000. For the Commission David BYRNE Member of the Commission 8.6.2000 EN Official Journal of the European Communities L 135/29 ANNEX ‘ANNEX I A. MINIMAL REQUIREMENTS FOR A PROGRAMME FOR MONITORING BSE IN BOVINE ANIMALS 1. Selection of sub-populations Bovine animals over 24 months of age as follows: 1.1. Animals subject to “special emergency slaughtering”; as defined in Article 2(n) and animals slaughtered in accordance with Annex I, Chapter VI, point 28(c) of Council Directive 64/433/EEC (1) (including animals referred to in Commission Regulation (EC) No 716/96 of 19 April 1996 adopting exceptional support measures for the beef market in the United Kingdom (2), and subject to “special emergency slaughtering” as defined in Article 2(n) or slaughtered in accordance with Annex I, Chapter VI, point 28(c) of Directive 64/433/EEC). 1.2. Dead animals not slaughtered for human consumption (excluding animals referred to in Regulation (EC) No 716/96). 2. Sample size The combined number of samples tested annually in each Member State from the sub-populations referred to in point 1.1 and 1.2 shall not be less than the sample sizes indicated in the table. As many as possible, but in any case at least 10 % of the samples must be collected from the sub-population referred to in point 1.2. The selection of samples within each sub-population shall be random. The sampling shall be representative for each region and continuous. Member States may however decide to sample only the sub-population referred to in point 1.1 in remote areas where the animal density is low. Total population over 24 months Sample size (1) Total population over 24 months Sample size (1) 100 000 200 000 300 000 400 000 500 000 600 000 700 000 800 000 900 000 1 000 000 1 500 000 2 000 000 2 500 000 3 000 000 3 500 000 4 000 000 950 1 550 1 890 2 110 2 250 2 360 2 440 2 500 2 550 2 590 3 000 3 500 4 000 4 500 5 000 5 500 4 500 000 5 000 000 5 500 000 6 000 000 6 500 000 7 000 000 7 500 000 8 000 000 8 500 000 9 000 000 9 500 000 10 000 000 10 500 000 11 000 000 11 500 000 12 000 000 6 000 6 500 7 000 7 500 8 000 8 500 9 000 9 500 10 000 10 500 11 000 11 500 12 000 12 500 13 000 13 500 (1) The sample size has been calculated to detect a prevalence of 0,1 % with a 95 % confidence in the sub-populations referred to in point 1, based on the assemption that the proportion of these sub-populations in the total population of bovine animals over 24 months of age is 1 %. Where the size of the total population of bovine animals over 24 months of age is 1 500 000 animals or more, the sample size has been increased by 500 samples per 500 000 animals as a proportionality adjustment, to take account of the larger likelihood of variation in risk for BSE within the population. (1) OJ 121, 29.7.1964, p. 2012/64. (2) OJ L 99, 20.4.1996, p. 14. L 135/30 EN Official Journal of the European Communities 8.6.2000 B. MINIMAL REQUIREMENTS FOR A PROGRAMME FOR MONITORING SCRAPIE IN OVINE AND CAPRINE ANIMALS 1. Selection of sub-populations Selection must be by means of a risk assessment of sub-populations of native-born animals displaying clinical signs compatible with scrapie. Within each sub-population and age group, selection must be random. The following shall be the criteria for the selection: — animals displaying behavioural or neurological signs lasting for at least 15 days and resistant to treatment, — moribund animals without signs of infectious or traumatic illness, — animals displaying other progressive disease conditions. 2. Age of targeted animals The sample must target the oldest animals in the sub-population. However, all targeted animals must be over 12 months of age. 3. Sample size The minimum number of animals to be examined on an annual basis must comply with the sample sizes referred to in the table. Animals examined in accordance with Article 3 may be included within the minimum sample size. Minimum number of annual neurohistological investigations of animals showing clinical signs compatible with scrapie Table Total population over 12 months (1) Sample size 100 000 300 000 500 000 700 000 1 000 000 2 500 000 5 000 000 7 000 000 10 000 000 20 000 000 30 000 000 40 000 000 10 30 50 69 99 195 300 336 367 409 425 433 (1) Where the size of the total population over 12 months of age is not known, the sample size shall be based on the total population over six months of age. 8.6.2000 EN Official Journal of the European Communities L 135/31 C. MONITORING IN HIGHER RISK ANIMALS Monitoring in higher risk animals In addition to the monitoring programmes set out in parts A and B, Member States may on a voluntary basis carry out targeted surveillance for TSEs in higher risk animals, such as: — animals originating from countries with indigenous TSE, — animals which have consumed potentially contaminated feedingstuffs, — animals born or derived from TSE infected dams. D. COMMON PROVISIONS Member States shall ensure that no parts of the body of animals sampled pursuant to this Annex are used for human food, animal feed, fertilisers, cosmetic or medicinal products or medical devices until the laboratory examination has been concluded with negative results. L 135/32 EN Official Journal of the European Communities 8.6.2000 ANNEX II A. INFORMATION TO BE PRESENTED IN THE REPORT BY MEMBER STATES 1. The number of suspected cases per animal species placed under movement restrictions in accordance with Article 3(1). 2. The number of suspected cases per animal species subject to laboratory examination in accordance with Article 3(2) and the outcome of the examination. 3. The estimated size of each sub-population referred to in Annex I(A)(1). 4. The number of bovine animals tested within each sub-population as referred to in Annex I(A)(1) and Annex I(C), method for sample selection and the outcome of the tests. 5. The number of ovine and caprine animals examined within each sub-population as referred to in Annex I(B)(1) and Annex I(C) and the outcome of the examination. 6. Number, age distribution and geographical distribution of positive cases of BSE and scrapie. The year and, where possible, month of birth should be given for BSE cases born after the introduction of a feed ban. 7. Positive TSE cases confirmed in animals other than bovine, ovine and caprine animals. B. INFORMATION TO BE PRESENTED IN THE SUMMARY BY THE COMMISSION The summary shall be presented in a tabled format covering at least the following information for each Member State: 1. the total population of bovine animals over 24 months of age and the estimated size of each sub-population referred to in Annex I(A)(1); 2. the number of suspected cases as referred to in part A(1) and (2), per animal species; 3. the number of bovine animals tested as referred to in part A(4); 4. the number of ovine and caprine animals examined as referred to in part A(5); 5. the number and age distribution of positive BSE cases; 6. positive BSE cases born after the introduction of a feed ban and the year and month of birth; 7. positive cases of scrapie; 8. positive TSE cases in animals other than bovine, ovine and caprine animals. ANNEX III RECORDS 1. The competent authority shall keep records of — the number and types of animals placed under movement restrictions as referred to in Article 3(1), — the number and outcome of clinical and epidemiological investigations as referred to in Article 3(1), — the number and outcome laboratory examinations as referred to in Article 3(2), — the number, identity and origin of animals sampled in the framework of the monitoring programmes as referred to in Annex I and, where possible, age, breed and anamnestic information. The records shall be kept for seven years. 2. The investigating laboratory shall keep all records of testing, in particular laboratory workbooks, paraffin blocks and, where appropriate, photographs of Western blots. The records shall be kept for seven years. 8.6.2000 EN Official Journal of the European Communities L 135/33 SAMPLING AND LABORATORY TESTING FOR THE PRESENCE OF BSE IN BOVINE ANIMALS ANNEX IV 1. Collection of samples The competent authority shall ensure that samples are collected using the methods and protocols laid down in the Manual of Standards for Diagnostic Tests and Vaccines of the World Organisation for Animal Health (Office international des épizooties), May 1999 edition. In the absence of such methods and protocols, the competent authority shall ensure that the samples are collected in a manner appropriate for the correct application of tests. 2. Laboratory testing 2.1. Suspect cases Tissues from bovine animals sent for laboratory testing following the provisions of Article 3(2) shall be subject to a histopathology examination as laid down in the Manual of Standards for Diagnostic Tests and Vaccines of the World Organisation for Animal Health (Office international des épizooties), May 1999 edition, except where the material is autolysed. Where the result of the histopathology examination is inconclusive or negative or where the material is autolysed, the tissues shall be subjected to an examination by one of the other diagnostic methods laid down in the above Manual (immunocytochemistry, immuno-blotting or demonstration of characteristic fibrils by electron micro- scopy) 2.2. Animals examined in the framework of the annual monitoring programme Bovine animals examined in the framework of the annual monitoring programme as laid down in Annex I(A) and the targeted surveillance programme as laid down in Annex I(C) shall be examined by one of the tests listed in Annex IV(A). Where the result of the monitoring test is inconclusive or positive, the tissues shall be subject to a histopathology examination of the brainstem as laid down in the Manual of Standards for Diagnostic Tests and Vaccines of the World Organisation for Animal Health (Office international des épizooties), May 1999 edition, except where the is autolysed or otherwise not suitable for examination by histopathology. Where the result of the material histopathology examination is inconclusive or negative or where the material is autolysed, the tissues shall be subjected to an examination by one of the other diagnostic methods mentioned in point 2.1, however, the method must not be the same as the method used in the monitoring test. 3. Interpretation of results An animal examined as referred to in point 2.1 shall be regarded a positive BSE case, if the result of one of the tests is positive. An animal examined as referred to in point 2.2 shall be regarded as a positive BSE case if the result of the monitoring test is positive or inconclusive, and — the result of the subsequent histopathology examination is positive, or — the result of another diagnostic method mentioned in point 2.1 is positive. ANNEX IV A 1. Immunoblotting test based on a Western blotting procedure for the detection of the protease-resistant fragment PrPRes (Prionics check test). 2. Chemiluminescent ELISA involving an extraction procedure and an ELISA technique, using an enhanced chemi- luminescent reagent (Enfer test). 3. Sandwich immunoassay for PrPRes carried out following denaturation and concentration steps (CEA test). L 135/34 EN Official Journal of the European Communities 8.6.2000 ANNEX V NATIONAL REFERENCE LABORATORIES The national reference laboratories are: Austria: Belgium: Denmark: Finland: France: Germany: Bundesanstalt für Tierseuchenbekämpfung, Mödling Robert-Koch-Gasse 17 A-2340 Mödling CERVA-CODA-VAR Centre d'étude et de recherches vétérinaires et agrochimiques Centrum voor Onderzoek in Diergeneeskunde en Agrochemie Veterinary and Agrochemical Research Centre Groeselenberg 99 B-1180 Bruxelles Statens Veterinære Serumlaboratorium Bülowsvej 27 DK-1790 København V Eläinlääkintä- ja elintarvikelaitos Hämeentie 57 FIN-00550 Helsinki Agence française de sécurité sanitaire des aliments Laboratoire de pathologie bovine 31, avenue Tony Garnier BP 7033 F-69342 Lyon Cédex Bundesforschungsanstalt für Viruskrankheiten der Tiere Anstaltsteil Tübingen Postfach 1149 D-72001 Tübingen Greece: 1. Department of Pathology, Faculty of Veterinary Medicine University of Thessaloniki Giannitson & Voutyra St. GR-54627 Thessaloniki 2. Athens Centre of Veterinary Institutes Laboratory of Pathology 25 Neapoleos St. GR-14310 Athens The Central Veterinary Research Laboratory Abbotstown Castleknock Dublin 15 Ireland Istituto Zooprofilattico Sperimentale del Piemonte, Liguria e Valle D'Aosta CEA Via Bologna I-148-10150 Torino CERVA-CODA-VAR Centre d'étude et de recherches vétérinaires et agrochimiques Centrum voor Onderzoek in Diergeneeskunde en Agrochemie Veterinary and Agrochemical Research Centre Groeselenberg 99 B-1180 Bruxelles Instituut voor Dierhouderij en Diergezondheid, ID-Lelystad Edelhertweg 15 Postbus 65 8200 AB Lelystad Nederland Laboratório Nacional de Investigação Veterinária Estrada de Benfica, 701 P-1500 Lisboa Ireland: Italy: Luxembourg: Netherlands: Portugal: 8.6.2000 EN Official Journal of the European Communities L 135/35 Spain: Sweden: United Kingdom: Veterinary School Laboratory Animal Pathology Department Pathological Anatomy E-Zaragoza The National Veterinary Institute S-751 89 Uppsala The Veterinary Laboratories Agency Woodham Lane New Haw Addlestone Surrey KT15 3NB United Kingdom’
http://publications.europa.eu/resource/cellar/25a416f9-00f8-435e-bd8a-c6666c28cd40
52000AG0033
Common Position (EC) No 33/2000 of 5 June 2000 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to the adoption of a Decision of the European Parliament and of the Council amending Decision No 1692/96/EC as regards seaports and inland ports as well as project No 8 in Annex III
2000-06-05
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[ "harbour installation", "inland waterway transport", "maritime transport", "trans-European network", "transport network" ]
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9.8.2000 EN Official Journal of the European Communities C 228/1 I (Information) COUNCIL COMMON POSITION (EC) No 33/2000 adopted by the Council on 5 June 2000 with a view to adopting Decision 2000/…/EC of the European Parliament and of the Council of ... amending Decision No 1692/96/EC as regards seaports and inland ports as well as project No 8 in Annex III (2000/C 228/01) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Com- munity, and in particular the first subparagraph of Article 156 thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the Economic and Social Committee (2), Having regard to the opinion of Regions (3), the Committee of the Acting in accordance with the procedure laid down in Article 251 of the Treaty (4), Whereas: (1) Decision No 1692/96/EC of the European Parliament and of the Council of 23 July 1996 on Community guidelines for the development of the trans-European transport network (5) constitutes a general reference framework covering the objectives, priorities and broad thrust of the measures contemplated as well as the projects of common interest in the area of the trans- European transport network. (1) OJ C 120, 18.4.1998, p. 14. (2) OJ C 214, 10.7.1998, p. 40. (3) OJ C 373, 2.12.1998, p. 20. (4) Opinion of the European Parliament of 10 March 1999 (OJ C 175, 21.6.1999, p. 110). Council Common Position of 5 June 2000 and Decision of the European Parliament of … (not yet published in the Official Journal). (5) OJ L 228, 9.9.1996, p. 1. (2) (3) (4) (5) Interconnection points including seaports and inland ports are preconditions for the integration of the differ- ent transport modes in multimodal network. In the trans-European seaport network, ports should be classified into categories on the basis of quantitative criteria or their location on islands not connected with the mainland by fixed links and only those ports in the highest category by volume of traffic should be shown, by way of indication, on maps. The specifications which a seaport project is to meet to be deemed of common interest should be set out. The criteria relating to inland ports should be sup- plemented by criteria concerning either the nature of their equipment or the volume of traffic and those ports should be shown, by way of indication, on maps. The European Council held in Dublin in 1996 agreed that project No 8 in the list from the Essen European Council of 1994 should become the Portugal/Spain multimodal link with the rest of Europe. (6) Decision No 1692/96/EC should therefore be amended accordingly, C 228/2 EN Official Journal of the European Communities 9.8.2000 HAVE ADOPTED THIS DECISION: Article 1 3. In addition to the criteria set out in Article 7, seaport projects of common interest related to seaports included in the trans-European seaport network shall comply with the criteria and specifications in Annex II.’ Decision No 1692/96/EC is hereby amended as follows: 3. Article 19 shall be replaced by the following: 1. Article 11 shall be amended as follows: (a) paragraph 3 shall be replaced by the following: Inland ports shall form part of the network, ‘3. in particular as points of interconnection between the waterways referred to in paragraph 2 and Article 14 and other modes of transport,’ (b) the following paragraph shall be inserted: ‘3a. The network shall include inland ports: (a) open to commercial traffic; (b) (c) (d) located on the network of inland waterways as shown in the outline in Annex I, Section 4; interconnected with other transport routes as shown in Annex I; trans-European and equipped with transhipment facilities for com- bined transport or with an annual freight traffic volume of not less than 300 000 tonnes.’ 2. Article 12 shall be replaced by the following: ‘Article 12 Characteristics Seaports shall permit the development of sea 1. transport and shall constitute shipping links for islands and the points of interconnection between sea transport and other modes of transport. They shall provide equip- ment and services to transport operators. Their infrastruc- ture shall provide a range of services for passenger and including ferry services and short- goods transport, and long-distance shipping services, including coastal shipping, within the Community and between the latter and third countries. 2. The trans-European seaport network shall com- prise seaports situated within the territory of the Com- munity which are open to commercial traffic and which comply with the criteria and specifications set out in Annex II. These ports shall be classified in three categori- es, A, B and C, according to the volume of traffic they handle or their location. The seaports in category A provided for in section 5 of Annex II shall be shown on the indicative maps in the outline plans in section 5 of Annex I, on the basis of the most recent port data. ‘Article 19 Specific projects Annex III contains, by way of indication, the projects identified in Annexes I and II and in the other provisions of this Decision, to which the European Councils held in Essen in 1994 and in Dublin in 1996 attributed particular importance.’ 4. Annex I shall be amended as follows: (a) in the contents: — the title of section 4: ‘Inland waterway network’ shall be replaced by: ‘Inland waterway network and inland ports’, — section 5 shall be replaced by the following: ‘Section 5: Seaports — Category A 5.0 Europe 5.1 Baltic Sea 5.2 North Sea 5.3 Atlantic Ocean 5.4 Mediterranean Sea — Western part 5.5 Mediterranean Sea — Eastern part’, — in section 7: ‘Combined transport network’, point 7.2 shall be deleted; (b) as regards the maps corresponding to sections 4 and 5: — the map showing section 4 shall be replaced by those annexed to this Decision. These maps identify also inland ports which are equipped with transhipment for combined transport and shall replace the map showing point 7.2, facilities — the maps showing section 5 as they appear in the Annex to this Decision shall be inserted. 9.8.2000 EN Official Journal of the European Communities C 228/3 5. Annex II shall be amended as follows: Category A: (a) the part of section 4 concerning inland ports shall be replaced by the following: ‘Inland ports In addition to projects relating to the connections and inland ports mentioned in Annex I, projects of common interest will be deemed to include any infrastructure project corresponding to one or more of the following categories: 1. 2. 3. 4. access to the port from waterways; port infrastructure inside the port area; other transport infrastructures inside the port area; other transport infrastructures linking the port to other elements of the trans-European net- work.’ (b) section 5 shall be replaced by the following: ‘Section 5 Seaports 1. Eligibility criteria for seaports Seaports with a total annual traffic volume of not less or 200 000 passengers; 1 million tonnes freight than of Category B: Seaports which do not meet the criteria for cat- egory A and have a total annual traffic volume of between 500 000 and 999 999 tonnes of freight or between 100 000 and 199 999 passengers; Category C: Seaports which do not meet the criteria for categor- ies A and B and are not used exclusively as fishing ports or marinas, located on islands which have no fixed links to the mainland. 2. Specifications for projects of common interest relating to the seaport network Seaports shall come within one of the following categories: Any project which meets the following specifi- cations will be deemed to be of common interest: Project specifications Port category I. Promotion of short-distance sea shipping Infrastructure necessary for the development of short-distance sea and sea- river shipping Projects relating to ports in category A II. Access to ports Access to ports from sea or inland waterway Projects relating to ports in categories A and B Permanent accessibility of ports in the Baltic Sea situated at approximately latitude 60° north and beyond, including capital costs for ice-breaking works during winter Projects relating to ports in categor- ies A, B and C Creation or improvement of hinterland access linking the port to other elements of the trans-European transport network through rail, road and inland-waterway connections Projects relating to ports in category A Development of existing hinterland access linking the port to other elements of the trans-European transport network through rail, road and inland-waterway connections Projects relating to ports in categories A and B C 228/4 EN Official Journal of the European Communities 9.8.2000 Project specifications Port category III. Port infrastructure within the port area Development of port efficiency infrastructure in order to increase intermodal Upgrading of the port infrastructure, in particular in ports on islands and in peripheral and outermost regions Projects relating to ports in categories A and B Projects relating to ports in category C Development and installation of management and information systems such as EDI (electronic data interchange) or other systems of intelligent management of goods and passenger traffic using integrated technologies Projects relating to ports in categor- ies A, B and C Development of port installations to receive waste Projects relating to ports in categor- ies A, B and C’ 6. Annex III shall be amended as follows: Article 2 (a) the title shall be replaced by the following: ‘List of the 14 projects adopted by the European Councils held in Essen in 1994 and in Dublin in 1996’; (b) Item 8 (Motorway Lisbon — Valladolid) shall be replaced by the following: This Decision shall enter into force on the third day following that of its publication in the Official Journal of the European Communities. Article 3 This Decision is addressed to the Member States. ‘8. Portugal/Spain multimodal link with the rest of Europe through developing rail, road, sea and air connections in the following three Iberian corridors: Done at — Galicia (A Corun˜ a)/Portugal (Lisbon) — Iru´ n/PortugaI (Valladolid-Lisbon) — Southwest corridor (Lisbon-Seville)’. For the European Parliament For the Council The President The President 9.8.2000 EN Official Journal of the European Communities C 228/5 ANNEX ANNEX I SECTION 4 INLAND WATERWAY NETWORK AND INLAND PORTS TRANS-EUROPEAN TRANSPORT NETWORK OUTLINE PLAN (2010 horizon) INLAND PORTS AND INLAND WATERWAYS 05/2000 4.0 Inland waterways Ports Existing Planned Inland/Maritime Railways Roads Inland ports with transhipment facilities for combined transport Other inland ports Kilometres TRANS-EUROPEAN TRANSPORT NETWORK OUTLINE PLAN (2010 horizon) INLAND PORTS AND INLAND WATERWAYS 05/2000 4.1A Inland waterways Ports Existing Planned Inland/Maritime Inland ports with transhipment facilities for combined transport Other inland ports Railways Roads Kilometres TRANS-EUROPEAN TRANSPORT NETWORK OUTLINE PLAN (2010 horizon) INLAND PORTS AND INLAND WATERWAYS 05/2000 4.1B Inland waterways Ports Existing Planned Inland/Maritime Inland ports with transhipment facilities for combined transport Other inland ports Railways Roads Kilometres TRANS-EUROPEAN TRANSPORT NETWORK OUTLINE PLAN (2010 horizon) INLAND PORTS AND INLAND WATERWAYS 05/2000 4.2 Inland waterways Ports Existing Planned Inland/Maritime Inland ports with transhipment facilities for combined transport Other inland ports Railways Roads Kilometres TRANS-EUROPEAN TRANSPORT NETWORK OUTLINE PLAN (2010 horizon) INLAND PORTS AND INLAND WATERWAYS 05/2000 4.3 Inland waterways Ports Existing Planned Inland/Maritime Inland ports with transhipment facilities for combined transport Other inland ports Railways Roads Kilometres TRANS-EUROPEAN TRANSPORT NETWORK OUTLINE PLAN (2010 horizon) INLAND PORTS AND INLAND WATERWAYS 05/2000 4.4 Inland waterways Ports Existing Planned Inland/Maritime Inland ports with transhipment facilities for combined transport Other inland ports Railways Roads Kilometres TRANS-EUROPEAN TRANSPORT NETWORK OUTLINE PLAN (2010 horizon) INLAND PORTS AND INLAND WATERWAYS 05/2000 4.5 Inland waterways Ports Existing Planned Inland/Maritime Inland ports with transhipment facilities for combined transport Other inland ports Railways Roads Kilometres TRANS-EUROPEAN TRANSPORT NETWORK OUTLINE PLAN (2010 horizon) SEA PORTS — CATEGORY A 05/2000 5.0 Inland waterways Existing Planned Ports Railways Roads Kilometres TRANS-EUROPEAN TRANSPORT NETWORK OUTLINE PLAN (2010 horizon) SEA PORTS — CATEGORY A 05/2000 5.1 Inland waterways Existing Planned Ports Railways Roads Kilometres TRANS-EUROPEAN TRANSPORT NETWORK OUTLINE PLAN (2010 horizon) SEA PORTS — CATEGORY A 05/2000 5.2 Inland waterways Existing Planned Ports Railways Roads Kilometres TRANS-EUROPEAN TRANSPORT NETWORK OUTLINE PLAN (2010 horizon) SEA PORTS — CATEGORY A 05/2000 5.3 Inland waterways Existing Planned Ports Railways Roads Kilometres TRANS-EUROPEAN TRANSPORT NETWORK OUTLINE PLAN (2010 horizon) SEA PORTS — CATEGORY A 05/2000 5.4 Inland waterways Existing Planned Ports Railways Roads Kilometres TRANS-EUROPEAN TRANSPORT NETWORK OUTLINE PLAN (2010 horizon) SEA PORTS — CATEGORY A 05/2000 5.5 Inland waterways Existing Planned Ports Railways Roads Kilometres C 228/32 EN Official Journal of the European Communities 9.8.2000 STATEMENT OF THE COUNCIL’S REASONS I. INTRODUCTION On 5 March 1998 the Commission submitted to the Council a proposal for a Decision of the European Parliament and of the Council amending Decision No 1692/96/EC as regards seaports, inland ports and intermodal terminals as well as project No 8 in Annex III (1). That proposal is based on the first subparagraph of Article 156 of the EC Treaty. The European Parliament delivered its opinion on the proposal from the Commission on 10 March 1999 (2). The Economic and Social Committee delivered its opinion on 29 April 1998 (3). The Committee of the Regions delivered its opinion on 17 September 1998 (4). In the light of the opinion of the European Parliament, the Commission submitted an amended proposal to the Council on 21 June 1999(5). On 5 June 2000, the Council adopted a Common Position, in accordance with Article 251 of the EC Treaty. II. OBJECTIVES OF THE PROPOSAL The proposal aims to amend Decision No 1692/96/EC(6) in order to clarify and reinforce the position of seaports, inland ports and intermodal terminals in the trans-European transport network (TEN-T). The Commission points out that the proposal for a decision amending Decision No 1692/96/EC does not form part of the revision of the guidelines provided for under Article 21 of the Decision. It results instead from the following statement by the Commission in 1996 when the Decision was adopted: ‘The Commission will submit in 1997, after consulting interested parties and the Member States concerned, a report and, if appropriate, a proposal for port projects using an approach similar to that followed for airports in section 6’ (7). The Commission reiterates that the TEN-T is conceived as a multimodal infrastructure network which should gradually combine and incorporate the various forms of transport and national networks. In the Commission’s view, the determination of interconnection points including seaports, inland ports and intermodal terminals is a precondition for the integration of the various forms of transport into a multimodal network. The outline plans for the network set out in Annex I to Decision No 1692/96/EC essentially consist of a series of links. They do not identify the various interconnection points, with the exception of airports. (1) OJ C 120, 18.4.1998, p. 14. (2) OJ C 175, 21.6.1999, p. 110. (3) OJ C 214, 10.7.1998, p. 40. (4) OJ C 373, 2.12.1998, p. 20. (5) Doc. 9459/99 TRANS 154 MAR 72 CODEC 390. (6) Decision No 1692/96/EC of the European Parliament and of the Council of 23 July 1996 on Community guidelines for the development of the trans-European transport network (OJ L 228, 9.9.1996, p. 1). (7) OJ L 228, 9.9.1996, p. 104. 9.8.2000 EN Official Journal of the European Communities C 228/33 The main changes proposed by the Commission therefore concern: — inclusion in the enacting terms of a general description of the characteristics of the interconnection points (seaports, inland ports and intermodal terminals), — identification of the interconnection points in the outline plans in Annex I by setting criteria, — inclusion in Annex II of (new or revised) criteria and specifications for projects of common interest in this sector. On that basis, the Commission has identified 300 seaports, 35 inland ports and 210 intermodal terminals in the combined transport network. III. ANALYSIS OF THE COUNCIL COMMON POSITION The Council Common Position comprises a number of amendments to the Commission’s amended proposal, and the main amendments are given below: A. SEAPORTS Article 1(2) (new Article 12 of the Decision) and Article 1(5)(b) (new Section 5 of Annex II) 1. In Decision No 1692/96/EC projects of common interest involving seaports are identified by the criteria in Annex II and can be located in any port of a Member State. The Commission proposal limits the number of ports included in the network. To this end, the Commission adds provisions relating to selection criteria to Article 12 of the Decision (characteristics of seaports). Thus, the trans-European transport network would include, as represented on the maps in Annex I, only those seaports whose annual traffic volume is no less than 1 million tonnes freight or 200 000 international passengers, certain ports on islands and all ports in the outermost regions. The Commission proposal therefore stipulates quantitative selection criteria which automatically rule out the possibility of granting financial aid from the TEN-T to port infrastructure projects for certain seaports in the Community. The Commission took the view that the eligibility criteria set for airports in the Decision could not be applied by analogy to seaports. The Commission stressed that there are many ports of different sizes and structures competing on the same market and that it is important to avoid giving support so as not to distort competition. 2. As compared with the Commission proposal, with a view to greater consistency with what was decided for airports, the Council Common Position therefore includes a higher number of seaports in the network, as several Member States have many medium-sized ports that are extremely important to the trans-European network. In line with the approach taken for airports (Annex II, Section 6), the Common Position sets out the selection criteria in Annex II rather than in the enacting terms. In particular, Article 12 provides for seaports to be classified into three categories (A, B and C) according to the volume of traffic they handle, or according to their location. It also provides that only the ports in category A are shown on the indicative maps in Annex I. C 228/34 EN Official Journal of the European Communities 9.8.2000 The new section 5 of Annex II classifies ports into categories according to quantitative criteria or the location of the ports on islands which are not connected to the mainland by fixed links. It also sets out a table of specifications that a project must meet in order to be considered of common interest. Thus, the network includes not only seaports whose total annual traffic volume is no less than 1 million tonnes freight or 200 000 passengers (category A ports), but all seaports with a total annual traffic volume of no less than 500 000 tonnes or 100 000 passengers (category B ports) and all ports located on islands not connected to the mainland by fixed links (category C ports). Community aid for seaports covered by the Decision is awarded according to the specifications met by a given port project (promotion of short-distance shipping, access to ports, port infrastructure inside the port area). B. INLAND PORTS IN THE COMBINED TRANSPORT NETWORK Article 1(1) (amended Article 11(3) of the Decision and new Article 11(3a)) The Commission proposal sets four selection criteria for including inland ports in the network, including one criterion on transhipment facilities for intermodal transport. Following the approach taken by the European Parliament, the Common Position offers an alternative solution for this criterion. It provides that if a port is not equipped with transhipment facilities for combined transport it may nevertheless be included in the network if its annual freight traffic volume is not less than 300 000 tonnes. Thus, the Common Position adds 200 ports to the 35 inland ports identified by the Commission proposal. As in the case of seaports, the Council thought it appropriate to take account of the situation of those Member States which have a large number of inland ports of major importance to the network. C. INTERMODAL TERMINALS AND TRANS-EUROPEAN RAIL FREIGHT FREEWAYS The Common Position does not endorse the provisions in the Commission proposal concerning: 1. intermodal terminals (Article 1(4) (new Article 14) and point 1 of the Annex (Annex I, new outline plans 7.1.0 to 7.1.4)). The Commission considered only those intermodal terminals located on the rail freeways indicated in the outline plan of the combined transport network. At this stage, it thought it better to target only intermodal transport in order to meet one of the objectives set in Article 1(2) of the Decision. In its explanatory memorandum the Commission states that consideration could be given to including other terminals (road/road, rail/rail, etc.) in the Decision when the guidelines are revised. The Council has stated that the question of the designation of the intermodal terminals is still being studied at national level. In its opinion, the selection criteria proposed by the Commission for including intermodal terminals in the combined transport networks are inadequate. Moreover, account should be taken of regional policies in the Community; 2. the development of trans-European rail freight freeways open to all operators (Article 1(1) (Article 10(4), new indent) and Annex, point 2(a), (Annex II, Section 3, third new indent)). 9.8.2000 EN Official Journal of the European Communities C 228/35 In the initial proposal the provisions related to the development of new rail services, in particular on the basis of trans-European rail freight freeways. However, in the amended proposal, these provisions no longer relate to services but to the development of trans- European rail freight freeways open to all operators. The Council believed that to integrate these freeways would be to depart from the purpose of the proposal. IV. EUROPEAN PARLIAMENT AMENDMENTS A. EUROPEAN PARLIAMENT AMENDMENTS TAKEN UP BY THE COMMISSION The Commission included eight of the thirteen amendments submitted by the European Parliament, of which two verbatim (amendments 5 and 10), two in spirit (amendments 12 and 13) and four in part (amendments 4, 8, 9 and 11). As for the three amendments designed to delete the provisions on the trans-European rail freight freeways (amendments 1, 2 and 7) the Commission’s amended proposal does not delete the provisions, but rewords them to emphasise the development of infrastructures instead of the improvement of services. B. AMENDMENTS BY THE EUROPEAN PARLIAMENT ACCEPTED BY THE COUNCIL 1. In General The Council accepted, either in their entirety or in part, five of the European Parliament’s thirteen amendments, namely amendments 2, 4 (in part), 7, 10 and 13. The Council to a certain extent adopted the European Parliament’s approach to amendments 3 and 6. As for amendments 1 and 11, the Council agreed with the opinion of the European Parliament regarding deleting the provisions of the Commission proposal referred to in these amendments, but did not agree with the alternative wording proposed by the European Parliament. 2. More specifically (a) Accepted by the Commission The Council accepted, either in their entirety or in part, three of the eight amendments accepted by the Commission: — Article 1(2) of the Common Position (Article 12 of the Decision), part four of amendment 4, on deleting the new Article 12(2)(c), — Article 1(5)(b) (Annex II, section 5, paragraph 2, table: point III, third box, of the Decision) amendment 10, — Article 1, point 6(b) (Annex III, new item 8 of the Decision), amendment 13. With regard to amendment 11, the Council, from the Commission, agreed to delete the provision on the non-eligibility of port infrastructures, but did not agree with the alternative wording proposed by the European Parliament (see point IV, C.1(c)). following the amended proposal C 228/36 EN Official Journal of the European Communities 9.8.2000 (b) Not accepted by the Commission (i) Trans-European rail freight freeways The Council accepted amendments 2 and 7, which provide for the deletion of the references to trans-European rail freight freeways in the Commission’s initial proposal and are designed, respectively, to add a fourth indent to Article 10(4) of the Decision and a third indent to Annex II, section 3. However, the Council did not accept amendment 1, despite the fact that this amend- ment also entailed deleting the reference to the said freeways in the seventh recital of the Commission’s initial proposal. The amendment also provides for alternative wording which was acceptable to neither the Council nor the Commission (see Point IV, C.1(a)). (ii) Inland waterways and inland ports The Council in part followed the European Parliament’s approach for amendment 3 and 6. Amendment 3 aims to modify Article 1(2) of the Commission proposal on adding a new paragraph 3a to Article 11 of the Decision. Amendment 3 adds a quantitative criterion as an alternative to the fourth selection criterion provided for in the new paragraph 3a. Ports which meet the first three criteria and which are equipped with transhipment facilities for intermodal transport, or which handle an annual freight traffic volume of not less than 500 000 tonnes could thus be included in the network. It should be noted that amendment 5 on Article 14(1) of the Decision provides a definition of intermodal transport, namely combined unitised transport (trailers and swap bodies). Article 1(1)(b) of the Common Position accepts the selection criteria proposed by the European Parliament but provides for a minimum annual traffic volume of 300 000 tonnes instead of 500 000 and refers to transhipment facilities for combined transport instead of for intermodal transport. In the Council’s view, it would be better to allow a larger number of inland ports to be eligible. It also considered that, at this stage, it would be better to abide by the concept of combined transport that has already been defined at Community level. Amendment 6 aims to add a new point (ca) to point 1 of the Annex to the Commission proposal. This would entail adding the following indications to Annex I, new map 7.2 of the Decision (inland waterways and inland ports): — the Elbe-Lübeck canal and the Twente-Mittelland canal, — a special indication of those inland ports which also perform a seaborne role, — a special indication of those ports which are not intermodal but which have an annual volume of freight in excess of 500 000 tonnes. The Council did not accept the amendment referred to in the first indent above, which would effectively add two new canals to the combined transport network, firstly, as the canals in question do not have the minimum technical characteristics provided for in Article 11(2) of the Decision, and, secondly, as the purpose of this Decision is not to revise the guidelines but to determine the inland ports. 9.8.2000 EN Official Journal of the European Communities C 228/37 On the other hand, the Council did accept the spirit of the amendments in the second and third indents above. The new maps illustrating section 4 of the Common Position (network of inland waterways and inland ports) introduce a new category of ports into the Decision: sea-river ports. These maps also contain a special indication of those ports which are not combined transport ports but which handle a freight traffic volume of no less than 300 000 tonnes. C. EUROPEAN PARLIAMENT AMENDMENTS NOT ACCEPTED BY THE COUNCIL 1. Not accepted by the Commission The Council did not accept amendments 1, 4 (in part), 8 (in part), 9 (in part) or 11 as set out below. (a) Trans-European rail freight freeways and the White Paper The Council did not accept amendment 1, which aims to delete the wording of the seventh recital of the Commission’s initial proposal (see point IV, B.2(b)) and replace it with a new text stipulating that: — the report which the Commission must submit, pursuant to Article 21 of Decision No 1692/96/EC, on revision of the TEN-T guidelines, will, where appropriate, be followed by suitable legislative proposals, and reject the idea of a White Paper. In fact, in its 1998 report on the implementation of the guidelines, the Commission stated that its objective was to ‘launch a broad consultation process leading up to a White Paper on revision to the guidelines in 1999’, — the strategic environmental impact assessment referred to in Article 8(2) of the Decision should incorporate intermodal ports and terminals. The Council felt that the choice of the form of the report which, pursuant to Article 21(1) of the Decision, the Commission must submit on possible adjustments to the guidelines, was the Commission’s responsibility. Pursuant to Article 21(2), further to the report the Commission will, if necessary, submit appropriate legislative proposals. The Council reiterated that, by virtue of Article 8(2) referred to above, the Commission must ‘develop appropriate methods of analysis for strategically evaluating the environmental impact of the whole network’. The Council stressed that, once these methods have been developed and a strategic analysis conducted, both the methods and the analysis will apply to the entire network, ports included (for terminals see point III.C.1). (b) Seaports The Council: (i) did not accept the first and second parts of amendment 4, on amending Article 1(3) of the proposal relating to new Article 12(2)(a) and (b) by: — adding a new criterion on the port’s providing connections with other trans- European transport routes identified in Annex I. The European Parliament pointed out that Article 12 of the Decision in force provides that seaports constitute ‘points of interconnection between sea transport and other modes of transport’, — changing the quantitative criterion referred to under point (a) in order to raise the minimum annual volume of freight traffic handled from one to one and a half million tonnes. The European Parliament considers that this figure is more suitable for a trans-European network. C 228/38 EN Official Journal of the European Communities 9.8.2000 The Council firstly pointed out that several important ports, while constituting points of interconnection between sea transport and other modes of transport, are not connected to the routes identified in Annex I. The Council felt that too few seaports could meet both of the new criteria proposed by the European Parliament in equal measure. The Council preferred to take a different approach, as indicated under III A. (ii) The Council did not accept the third part of amendment 4, designed to amend Article 1(3) of the Commission’s initial proposal concerning Article 12 of the Decision, by replacing the second subparagraph of new paragraph 2(b) with a new point (ba). The Commission’s amended proposal in part follows the approach taken by the European Parliament on Article 12(3). The Council thought it preferable to take a different approach for determining the criteria to be met by seaports before the could be included in the network (see point IIIA). (c) Port infrastructures (amendments 8 (second and third parts), 9 (second part) and 11) In amendments 8, 9 and 11, the European Parliament proposes structuring the categories of projects concerning inland ports in the same way as those concerning seaports. The purpose of these amendments is to introduce into the Decision a general definition of port infrastructure in the port area, applicable both to inland ports (second part of amendment 8) and seaports (second part of amendment 9). These amendments are also intended to make it clear that port superstructure in inland ports (third part of amendment 8) and seaports (amendment 11) is not eligible for Community of TEN-T funding. Furthermore, amendment 11 also aims to delete the provision of the original Commission proposal which states that infrastructure investments in (sea)port areas are generally not eligible. The European Parliament considers that, on the contrary, port infrastructure should be eligible for Community aid. The Council felt that the definition of port infrastructure proposed by the European Parliament (second parts of amendments 8 and 9) was too specific and not exhaustive. In its opinion it would be wise: — in the case of inland ports, to maintain as they stand the provisions currently in force on the categories to which infrastructure projects involving inland ports must correspond in order to be considered of common interest (Article 1(5)(a) amending Annex II, Section 4 of the Decision), — in the case of seaports, to amend Annex II, section 5, point 1 of the Decision in accordance with the approach described under III A above, while retaining in the table in another form the categories of port projects listed in paragraph 1, C and D, of the Decision in force. With regard to the alternative wording proposed by the European Parliament on the non- eligibility of port superstructure (third part of amendment 8 on inland ports and amendment 11 on seaports), the Council also considered that the concept of ‘superstructure’ was not clearly defined, that there was no need to introduce the concept in this context and that it might cause uncertainty over the definition of a project. 9.8.2000 EN Official Journal of the European Communities C 228/39 As for the part of amendment 11 concerned with deleting the provision on the non-eligibility of infrastructure investment in port areas, the Council took the same view as the European Parliament, which was accepted in the Commission’s amended proposal, namely that this provision should be deleted. In reality, all projects of common interest, including those concerning ports, are in principle eligible for TEN-T financing. Moreover, the specific conditions to be met in order to be eligible for Community funding are governed more by the financial regulations applicable in this area than by the Decision. 2. Accepted by the Commission (a) Combined transport network The Council: (i) did not accept amendment 5, intended to modify Article 1(4)(a) of the Commission proposal on new paragraph 1 of Article 14 of the Decision. The European Parliament proposed that the definition of combined transport contained in the first indent of paragraph 1 be improved by adding that any initial and/or terminal road haulage should be as short as possible. In the second indent of paragraph 1 the European Parliament proposed that terminals should provide installations for intermodal transport which enable transhipment not only between the railway network, waterways and roads but also, as provided for by the Decision in force, between shipping routes and other modes of transport. Furthermore, the concept of intermodal transport would be defined. As explained under IVB.2(b)(ii) (on amendment 3), the Council thought it better to leave the provisions of the Decision in force on the combined transport network, namely those in Article 14 and Annex II, section 7 as they stood. With regard to Annex I, Article 1(4) of the Common Position provides that point 7.2 and the corresponding map should be deleted from Section 7 ‘Combined transport network’ in the table of contents, because the maps in section 4 give adequate special indications of those inland ports equipped with combined transport facilities which meet the other criteria in the new Article 11 of the Decision provided for in the Common Position. (ii) did not accept amendment 12, intended to modify point 2(d) of the Annex to the Commission’s initial proposal on replacing the third indent of section 7 of Annex II to the Decision. The European Parliament proposed that the second subparagraph of section 7 be amended so that it no longer referred to mobile transhipment equipment which, in its opinion, did not constitute eligible infrastructure. The European Parliament also proposed amending the third indent so that any project can be considered of common interest if it is intended to adapt port areas so as to develop or improve the transfer of merchandise between sea transport, rail and inland waterway transport in combined transport (road transport would thus be excluded). The Commission’s amended proposal includes amendment 12. The Council thought it preferable to leave section 7 as it stood. The second indent still relates to the setting up of fixed or mobile transhipment equipment. The third indent still relates to the transfer, not of merchandise, but of containers between sea transport and rail, inland waterway or road transport. C 228/40 EN Official Journal of the European Communities 9.8.2000 (b) Port infrastructures Inland ports It should be noted that the Commission’s amended proposal takes up the first part of amendment 8 and the second and third parts of amendment 8 on the deletion of category 4 from point B of Section 4 of Annex II. Amendment 8 concerns Annex II, section 4, ‘Inland ports’, point B4 of the Decision in force, which is divided into four categories. The first part of amendment 8 is intended to delete category 3 from point B and replace it with one of the categories provided for seaports in section 5, point 1D, namely: ‘land transport infrastructure linking the port to the various ports of the trans-European transport network’. The second and third parts of amendment 8 aim to delete category 4 of point B and replace it with two provisions referred to above under IV, C1(c), one of which is on the definition of port areas, and the other on the non-eligibility of port superstructure. Seaports The Council did not accept the first part of amendment 9 involving a drafting change whereby in Annex II(2)(c)(i) of the Commission’s original proposal (Annex II, section 5, new paragraph 2, first subparagraph of the Decision) ‘Port and port-related infrastructure projects’ would be replaced by ‘Infrastructure projects in or in connection with ports’.
http://publications.europa.eu/resource/cellar/2146c143-3b09-4cee-90ab-ff497afed845
32000R1186
http://data.europa.eu/eli/reg/2000/1186/oj
Commission Regulation (EC) No 1186/2000 of 5 June 2000 amending Regulation (EC) No 1337/1999 establishing a forecast balance for the supply to the Canary Islands of milk and milk products
2000-06-05
eng
[ "European Commission" ]
[]
[]
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[ "html", "pdf", "print" ]
[ "Canary Islands", "aid system", "milk", "milk product", "supply balance sheet" ]
[ "4172", "3003", "1565", "2763", "4885" ]
6.6.2000 EN Official Journal of the European Communities L 133/17 COMMISSION REGULATION (EC) No 1186/2000 of 5 June 2000 amending Regulation (EC) No 1337/1999 establishing a forecast balance for the supply to the Canary Islands of milk and milk products THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 1601/92 of 15 June 1992 concerning specific measures for the Canary Islands with regard to certain agricultural products (1), as last amended by Regulation (EC) No 1257/1999 (2), Whereas: (1) (2) Commission Regulation (EC) No 2790/94 (3), as last amended by Regulation (EC) No 1620/1999 (4), fixes the detailed rules for applying the special arrangements for supplying the Canary Islands with certain agricultural products. Commission Regulation (EC) No 1337/1999 (5), as amended by Regulation (EC) No 1787/1999 (6), estab- lishes a balance for the supply to the Canary Islands of milk and milk products; whereas that balance may be revised if necessary by providing for adjustments during the current year in the quantities of products within the overall quantity established as a function of the require- ments of the region; whereas, in order to satisfy the Canary Islands' milk product requirements, in particular for concentrated milk, other than in powdered form, intended for human consumption, the quantities estab- lished for those products in the forecast balances should be adjusted; whereas, therefore, the Annex to Regulation (EC) No 1337/1999 should be amended. To avoid management problems, the start of the period of application of this Regulation should coincide with the start of the marketing year. The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products, (3) (4) HAS ADOPTED THIS REGULATION: Article 1 The Annex to Regulation (EC) No 1337/1999 is replaced by the Annex to this Regulation. Article 2 This Regulation shall enter into force on the day of its publica- tion in the Official Journal of the European Communities. It shall apply from 1 July 1999. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 5 June 2000. For the Commission Franz FISCHLER Member of the Commission (1) OJ L 173, 27.6.1992, p. 13. (2) OJ L 160, 26.6.1999, p. 80. (3) OJ L 296, 17.11.1994, p. 23. (4) OJ L 192, 24.7.1999, p. 19. (5) OJ L 159, 25.6.1999, p. 18. (6) OJ L 213, 13.8.1999, p. 13. L 133/18 EN Official Journal of the European Communities 6.6.2000 ANNEX ‘ANNEX Forecast supply balance for the Canary Islands for 1 July 1999 to 30 June 2000 CN code Description Milk and cream, not concentrated nor containing added sugar or other sweetening matter: Milk and cream, concentrated or containing added sugar or other sweetening matter: Butter and other fats and oils derived from milk; dairy spreads: 4 000 Cheese and curd: 0401 0402 0405 0406 0406 30 0406 90 23 0406 90 25 0406 90 27 0406 90 76 0406 90 78 0406 90 79 0406 90 81 0406 90 86 0406 90 87 0406 90 88 (tonnes) Quantity 106 250 (1) 28 800 (2) 16 000 1 800 5 000 (3) 200 1901 90 99 Milk-based preparations without fat 2106 90 92 Milk-based preparations for children not containing milk fat (1) Of which 1 250 tonnes are for the processing and/or packaging sector. (2) Of which — 13 500 tonnes falling within CN codes 0402 10 and/or 0402 21 and — 5 800 tonnes falling within CN codes 0402 91 and/or 0402 99 are for the processing and/or packaging sector. (3) The entire amount is for the processing and/or packaging sector.’
http://publications.europa.eu/resource/cellar/8c46fc8f-504d-4055-8829-b2679147aa8e
92000E001799
WRITTEN QUESTION P-1799/00 by Jens-Peter Bonde (EDD) to the Council. Withdrawal from EMU.
2000-06-05
eng
[ "European Parliament", "Provisional data" ]
[]
[]
[]
[ "html", "pdf", "print" ]
[ "Economic and Monetary Union", "accession to the European Union" ]
[ "4602", "12" ]
C 72 E/120 Official Journal of the European Communities EN 6.3.2001 (2001/C 72 E/150) WRITTEN QUESTION P-1799/00 by Jens-Peter Bonde (EDD) to the Council (5 June 2000) Subject: Withdrawal from EMU Will the Council guarantee that any Member State may freely withdraw from Economic and Monetary Union by giving 12 months(cid:146) notice, for example? Reply (26 September 2000) As was stated in the reply to the Honourable Member(cid:146)s Written Question P-0771/00, the Treaty contains no specific provisions concerning the withdrawal of a Member State either from the European Union in general or from the third stage of EMU. (2001/C 72 E/151) WRITTEN QUESTION P-1801/00 by Christian Rovsing (PPE-DE) to the Commission (31 May 2000) Subject: Unlawful provision of state aid to Post Danmark by the Danish government Is the Commission aware that the Danish government is providing state aid to Post Danmark for the 1. postal distribution of newspapers and periodicals at especially low prices? 2. Is it also aware that the rules governing the relevant aid scheme were substantially amended by the Danish government in its Decree of 23 February 2000, which entered into force on 1 April 2000, the result being that aid is now provided on a discriminatory basis, with some newspapers and periodicals benefiting at others(cid:146) expense? Can it confirm that the amendments to the aid scheme have been notified to it for approval in 3. accordance with Article 88 (3) of the EC Treaty? 4. If not, does it agree that the aid scheme is unlawful under the EC Treaty? Does it also agree that the scheme, even if it has been notified, is incompatible with the common 5. market, when it clearly and significantly distorts competition between newspapers and periodicals that receive state aid and those that do not? 6. What action does it intend to take with regard to this aid scheme? Answer given by Mr Monti on behalf of the Commission (28 June 2000) The Commission is not aware of state aid being granted by Denmark to Post Danmark for the distribution of press at reduced tariffs, nor is it aware of the amendments introduced by the Danish authorities by the Decree of 23 February 2000, as reported by the Honourable Member. The measure reported by the Honourable Member has not been notified to the Commission for prior approval under the Article 88(3) (ex Article 93) EC Treaty procedure. As such, should it contain state aid in the sense of Article 87 (ex Article 92) EC Treaty, such aid would have to be considered as illegal.
http://publications.europa.eu/resource/cellar/d539c70c-dfea-4cf9-8a98-43d9b6583aa4
32000L0037
http://data.europa.eu/eli/dir/2000/37/oj
Commission Directive 2000/37/EC of 5 June 2000 amending Chapter VIa 'Pharmacovigilance' of Council Directive 81/851/EEC on the approximation of the laws of the Member States relating to veterinary medicinal products (Text with EEA relevance)
2000-06-05
eng
[ "European Commission" ]
[]
[]
[]
[ "html", "pdf", "print" ]
[ "EU Member State", "approximation of laws", "pharmaceutical legislation", "veterinary drug" ]
[ "5283", "2897", "1594", "5734" ]
10.6.2000 EN Official Journal of the European Communities L 139/25 COMMISSION DIRECTIVE 2000/37/EC of 5 June 2000 amending Chapter VIa ‘Pharmacovigilance’ of Council Directive 81/851/EEC on the approximation of the laws of the Member States relating to veterinary medicinal products (Text with EEA relevance) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 81/851/EEC of 28 September 1981 on the appriximation of the laws of the Member States relating to veterinary medicinal products (1), as last amended by Directive 93/40/EEC (2), and in particular Article 42i thereof; Whereas: (1) (2) (3) (4) (5) (6) (7) In order to ensure the continued safety of veterinary medicinal products in use, it is necessary to ensure that pharmacovigilance in the Community are continually adapted to take account of scientific and technical progress. systems For public health protection, relevant data on adverse effects in humans related to the use of veterinary medi- cines should be collected and evaluated. The pharmacovigilance systems should consider available data on lack of efficacy. the In addition, collection of information on adverse reac- tions due to off-label use, investigations of the validity of the withdrawal period and on potential environmental problems may contribute to improve regular monitoring of good usage of veterinary medicines. It is necessary to take account of changes arising as a result of international harmonisation of definitions, terminology and technological developments in the field of pharmacovigilance. The increasing use of the mutual recognition procedure that established by Directive 81/851/EEC requires current procedures for reporting and dissemination of suspected adverse reactions be amended to ensure better co-ordination between Member States. The increasing use of electronic means of communi- cation of information on adverse reactions to veterinary medicinal products marketed in the Community is intended to allow a single reporting point for adverse reactions, at the same time ensuring that this informa- tion is shared with the competent authorities in all Member States. (1) OJ L 317, 6.11.1981, p. 1. (2) OJ L 214, 24.8.1993, p. 31. (8) (9) It is necessary to further define terms currently used within the veterinary pharmacovigilance systems. It is the interest of the Community to ensure that the centrally veterinary pharmacovigilance authorised medicinal products and those authorised by other procedures are consistent. systems for (10) Holders of marketing authorisations should additionally be proactively responsible for ongoing pharmacovigi- lance of the veterinary medicinal products they place on the market. (11) The measures provided for in this Directive are in conformity with the opinion of the Standing Committee on veterinary medicinal products, HAS ADOPTED THIS DIRECTIVE: Article 1 Chapter VIa ‘Pharmacovigilance’ of Directive 81/851/EEC is hereby amended as follows: 1. Article 42a, is hereby replaced by the following text: ‘Article 42a In order to ensure the adoption of appropriate regulatory decisions concerning the veterinary medicinal products authorised within the Community, having regard to infor- mation obtained about suspected adverse reactions to veter- inary medicinal products under normal conditions of use, the Member States shall establish a veterinary pharmacovigi- lance system. This system shall be used to collect informa- tion useful in the surveillance of veterinary medicinal prod- ucts, with particular reference to a dverse reactions in animals and in human beings related to the use of veter- inary medicinal products, and to evaluate such information scientifically. Such information shall be collated with available data on the sale and prescription of veterinary medicinal products. This system also takes into account any available informa- tion related to the lack of expected efficacy, off-label use, investigations of the validity of the withrawal period and on potential environmental problems, arising from the use of the product, interpreted in accordance with the Commission guidelines referred to in Article 42g, which may have an impact on the evaluation of their benefits and risks.’ L 139/26 EN Official Journal of the European Communities 10.6.2000 2. Article 42b, is hereby replaced by the following: 4. Article 42d, is hereby replaced by the following text: ‘Article 42b For the purpose of this Directive, the following definitions shall apply: (a) “adverse reaction” means a reaction which is harmful and unintended and which occurs at doses normally used in animals for the prophylaxis, diagnosis or treat- ment of disease or the modification of physiological function, (b) “human adverse reaction” means a reaction which is noxious and unintended and which occurs in a human being following exposure to a veterinary medicine, (c) “serious adverse reaction” means an adverse reaction is life-threatening, results in which results in death, significant disability or is a congenital incapacity, anomaly/birth defect, or which results in permanent or prolonged signs in the animals treated; (d) “unexpected adverse reaction” means an adverse reac- tion, the nature, severity or outcome of which is not consistent with the summary of the product characteris- tics, (e) “periodic safety update reports” means the periodical reports containing the records referred to in Article 42d; (f) “post-marketing surveillance studies” means pharmacoe- pidemiological study or a clinical trial carried out in accordance with the terms of the marketing author- isation, conducted with the aim of identifying and inves- tigating a safety hazard relating to an authorised veter- inary medicinal product, (g) “off-label use” means the use of a veterinary medicinal product that is not in accordance with the summary of including the misuse and the product characteristics, serious abuse of the product. For the interpretation of the definitions and principles outlined in this chapter, the marketing authorisation holder and the competent authorities shall refer to the detailed guidance referred to in Article 42g.’ 3. Article 42c is hereby amended as follows: (a) in the first paragraph, the words ‘person responsible for placing the veterinary medicinal product on the market’ are changed to ‘marketing authorisation holder’; (b) in point (a) of the second paragraph, the words ‘at a single point’ are changed to ‘in order to be accessible at least at one point within the Community’; (c) in point (b) of the second paragraph the words ‘relevant national or Community guidance’ are changed to ‘guidance referred to in Article 42g’; (d) to the second paragraph the following point (d) is added: ‘d) the provision to the competent authorities, of any other information relevant to the evaluation of the benefits and risks afforded by a veterinary medicinal product, including appropriate information on post- marketing surveillance studies.’ ‘Article 42d The marketing authorisation holder shall be required 1. to maintain detailed records of all suspected adverse reac- tions occurring either in the Community or in a third country. 2. The marketing authorisation holder shall be required to record and to report all suspected serious adverse reac- tions and human adverse reactions related to the use of veterinary medicinal products, of which he can reasonably be expected to have knowledge, or which are brought to his attention, immediately to the competent authority of the Member State in whose territory the incident occured, and in no case later than 15 calendar days following the receipt of the information. 3. The marketing authorisation holder shall ensure that the suspected serious and unexpected adverse reactions and human adverse reactions, occuring in the territory of a third country, are reported immediately in accordance with the guidance referred to in Article 42g, so that they are avail- able to the Agency and to the competent authorities in the Member State(s) where the veterinary medicinal product is authorised, and in no case later than 15 calendar days following the receipt of the information. 4. In the case of veterinary medicinal products which have been considered within the scope of Directive 87/ 22/EEC, or which have benefited from the procedures of mutual recognition under Articles 8, 8a and 17(4) and veterinary medicinal products for which there has been a referral to the procedures under Articles 21 and 22 of this Directive, the marketing authorisation holder shall addition- ally ensure that all suspected serious adverse reactions and human adverse reactions, occurring in the Community, are reported in the format and at intervals to be agreed with the reference Member State or a a competent authority desig- nated as reference Member State, in such a way so as to be accessible to the reference Member State. 5. Unless other requirements have been laid down as condition of the granting of authorisation, records of all adverse reactions shall be submitted to the competent authorities in the form of a periodic safety update report, either immediately upon request or periodically as follows: six monthly for the first two years after authorisation, annually for the subsequent two years, and at the time of the first renewal. Thereafter, the periodic safety update reports shall be submitted at five-yearly intervals together with the application for renewal of the authorisation. The periodic safety update report shall include a scientific evalu- ation of the benefit and risks afforded by the veterinary medicinal product. 6. Following the granting of a marketing authorisation, the marketing authorisation holder may request the amend- ment of the periods referred to in this Article according to the procedure laid down by the Commission Regulation (EC) No 541/95 (*), if applicable. (*) OJ L 55, 11.3.1995, p. 7.’ 10.6.2000 EN Official Journal of the European Communities L 139/27 5. A new second paragraph is added to Article 42e: 8. Article 42h is replaced by the following text: ‘The Member States may impose specific requirements on veterinary practitioners and other health care professionals in respect of the reporting of suspected serious or unex- pected adverse reactions and human adverse reactions, in particular where such reporting is a condition of the marketing authorisation.’ 6. Article 42f, is replaced by the following text: ‘Article 42f The Agency, 1. in collaboration with the Member States and the Commission shall set up a data-processing network to facilitate the exchange of pharmacovigilance information regarding medicinal products marked in the Community. 2. Making use of the network foreseen in the first paragraph, Member States shall ensure that reports of suspected serious adverse reactions and human adverse reactions, in accordance with the Standing Committee on veterinary medicinal products guidance referred to in Article 42g, that have taken place on their territory are immediately made available to the Agency and the other Member States, and in any case within 15 calendar days of their notification, at the latest. shall ensure that The Member States 3. reports of suspected serious adverse reactions and human adverse reactions, that have taken place on their territory are immediately made available to the marketing authoriation holder, and in any case within 15 calendar days of their notification, at the latest.’ 7. Article 42g is amended as follows: ‘Article 42g (a) in consultation with to facilitate the exchange of In order information about pharmocovigilance within the Community, the Commission, the Agency, Member States and the interested parties, shall draw up guidance on the collection, verification and presen- tation of adverse reaction reports, including technical for electronic exchange of veterinary requirements pharmacovigilance information in accordance with internationally agreed terminology. ‘Article 42h considers Where, as a result of the evaluation of veterinary pharma- covigilance data, a a Member State marketing authorisation should be suspended, withdrawn or varied to restrict the indications or availability, amend the posology, add a contraindication or add a new precautionary measure, forthwith inform the Agency, the other Member States and the marketing authorisation holder. shall that it In case of urgency, the Member State concerned may suspend the marketing authorisation of a veterinary medi- cinal product, provided the Agency, the Commission and the other Member States are informed at the latest on the following working day.’ Article 2 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive no later than 5 December 2001. the provisions set out in When the Member States adopt paragraph 1, they shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such references shall be adopted by the Member States. The Member States shall communicate to the Commission 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, 5 June 2000. (b) This guidance shall be published in Volume 9 of the Rules governing medicinal products in the European Union and shall take account of international harmo- nisation work carried out in the field of pharmacovi- gilance.’ For the Commission Erkki LIIKANEN Member of the Commission
http://publications.europa.eu/resource/cellar/3c5de1c3-7db0-45ce-81ae-fa9423d06555
92000E001748
WRITTEN QUESTION P-1748/00 by Marco Cappato (TDI) to the Council. Assessment of the application of the Joint Action concerning action to combat trafficking and sexual exploitation of children.
2000-06-05
eng
[ "European Parliament", "Provisional data" ]
[]
[]
[]
[ "html", "pdf", "print" ]
[ "child protection", "joint action", "project evaluation", "prostitution", "sexual violence", "trafficking in human beings" ]
[ "3919", "4066", "918", "2823", "4727", "5933" ]
C 81 E/86 Official Journal of the European Communities EN 13.3.2001 In addition, it is worth noting that the promotion of recycling is one of the main objectives of Community waste policy. The preference for recycling over disposal is stated in the Community waste management strategy (2) and in Council Directive 75/442/EEC of 15 July 1975 as amended by Directive 91/156/EEC of 18 March 1991 on waste (3). Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste (4) sets targets for the recycling of packaging waste. Pursuant to Article 6 a minimum of 50 % and a maximum of 65 % of the packaging waste must be recovered. Within this target between 25 % and 45 % must be recycled, with a minimum of 15 % for each packaging material, including plastics. Member States must comply with these targets. They are, however, not obliged to carry out the recycling on their own territory. Recycling is an industrial activity. Wastes destined for recovery are subject to the principle of free circulation of goods. Domestic markets must not necessarily exist for the whole amount of recycled waste. According to the interim report (5) under Article 6.3(a) of Directive 94/62/EEC and the data submitted by Member States in the framework of the Commission Decision 97/138/EC of 3 February 1997 establishing the formats relating to the database system pursuant to Parliament and Council Directive 94/62/EC on packaging and packaging waste (6), recycling rate for plastics packaging waste was still in 1997 in several Member States below the target of 15 % set by this Directive. It was exceeded by Belgium (25 %), Germany (45 %), and Austria (20 %), while Italy, the Netherlands, Finland and Sweden are not far from this rate. It is not clear, though, to what extent these figures include the so-called feedstock-recycling. These incentive provisions have produced an increase of the recycling of plastics. Accordingly, the recycling of plastics has been doubled between 1994 and 1999 (7) in the Community to reach a recycling rate around 9 % (8). Following the communication on (cid:145)the competitiveness of the recycling industries(cid:146) (9) the Commission organised the (cid:145)recycling forum(cid:146) with the participation of all major parties. These discussions have produced a number of recommendations with a view to improving the framework conditions and the competitive- ness of the recycling industry (10). (1) Study on the evaluation of costs and benefits for the achievement of reuse and recycling targets for the different packaging materials in the frame of the packaging and packaging waste Directive 94/61/EC. (2) COM(96) 399 final. (3) OJ L 78, 26.3.1991. (4) OJ L 365, 31.12.1994. (5) COM(1999) 596 final. (6) OJ L 52, 22.2.1997. (7) according to industrial organisation data, APME report spring 1999 (cid:129) Association of plastics manufacturers in Europe. (8) APME, Plastics (cid:129) An analysis of plastics consumption and recovery in Western Europe 1998. (9) COM(98) 463 final. (10) http://europa.eu.int/comm/enterprise/events/recycling/recycling.htm. (2001/C 81 E/104) WRITTEN QUESTION P-1748/00 by Marco Cappato (TDI) to the Council (5 June 2000) Subject: Assessment of the application of the Joint Action concerning action to combat trafficking and sexual exploitation of children On 24 February 1997 the Council adopted a Joint Action designed to improve judicial cooperation in combating trafficking in human beings and sexual exploitation of children. 13.3.2001 EN Official Journal of the European Communities C 81 E/87 The Member States were asked to compare and review national legislation with the aim of categorising the following as offences: the sexual exploitation or sexual abuse of children and trafficking in children with a view to their sexual exploitation or abuse, participation in such offences or attempts to commit such offences. It was requested that sanctions should include custodial penalties, possibly involving extradition (at least in serious cases), confiscation of the instruments and proceeds of the offences and temporary or permanent closure of establishments which had been used for committing offences. The Joint Action also provided that (cid:145)Each Member State shall take the measures necessary to ensure that in addition to ordinary constraining measures such as search and seizure, adequate investigation powers and techniques are available to enable the [abovementioned] offences to be investigated and prosecuted effectively(cid:146). The Member States were asked to make provision for the protection of witnesses and appropriate assistance for victims and their families and to grant each other the (cid:145)widest possible judicial cooperation in the investigations and judicial processes relating to the offences(cid:146) mentioned above, be means of specified procedures. In Title IV, point B, the Joint Action stipulated: (cid:145)The Council will assess, on the basis of appropriate information, the fulfilment by Member States of their obligations under this Joint Action, by the end of 1999(cid:146). Has the Council fulfilled the obligation placed on it by virtue of the Joint Action it adopted? If so, how far have the Member States fulfilled their abovementioned obligations, and with what results? In the event that the Member States have not complied with the Joint Action, what steps does the Council intend to take on the issue of combating trafficking in children? Reply (28 September 2000) Since the adoption on 24 February 1997 of the Joint Action to which the Honourable Member refers, different initiatives have been taken at European Union level. These include Article 29 of the Treaty on European Union, as amended by the Treaty of Amsterdam, which specifically mentions measures to combat trafficking in persons and offences against children among the means for creating an area of freedom, security and justice. In addition, powers in the area of child pornography have been entrusted to Europol (1). Lastly, on 29 May 2000 the Council adopted a Decision to combat child pornography on the Internet on the basis of an initiative of the Republic of Austria. Article 6 of that Decision, on which the European Parliament has been consulted, provides for an examination by the Council of the extent to which Member States have fulfilled their obligations pursuant to Joint Action 97/154/JHA and the extent to which the measures proposed in the Decision have proved effective. That examination will be carried out in the near future according to the rules laid down in the Decision. Consequently, the Council is not yet in a position to verify Member States(cid:146) legislation in this area. (1) Council Decision of 3 December 1999 (1999/C 26/05 (cid:129) OJ C 26, 30.1.1999, p. 21). (2001/C 81 E/105) WRITTEN QUESTION P-1749/00 by Rodi Kratsa-Tsagaropoulou (PPE-DE) to the Commission (25 May 2000) Subject: Elections in Kosovo Kosovo(cid:146)s first local elections will be held this autumn. The success of this enterprise is crucial, since local democracy is the foundation for the region(cid:146)s political reconstruction, a goal in which the people of Europe are making considerable moral and material investment.
http://publications.europa.eu/resource/cellar/d997267b-74d2-4c8e-9baf-76b4ac80c465
92000E001739
WRITTEN QUESTION E-1739/00 by Ioannis Souladakis (PSE) to the Council. Funding of the pre-accession procedure for Cyprus and Malta.
2000-06-05
eng
[ "European Parliament", "Provisional data" ]
[]
[]
[]
[ "html", "pdf", "print" ]
[ "Cyprus", "EU financing", "Malta", "financial year", "pre-accession strategy" ]
[ "5989", "1005", "1774", "933", "6710" ]
18.4.2001 EN Official Journal of the European Communities C 113 E/39 Certain islands constitute a specific group, the outermost regions, which share a range of handicaps defined in Article 299(2) (ex Article 227) of the EC Treaty. On 14 March 2000 the Commission adopted a report (4) on implementation of this new Article. (1) COM(1997) 599. (2) OJ C 143, 23.5.2000. (3) OJ L 184, 27.7.1993. (4) COM(2000) 147 final. (2001/C 113 E/034) WRITTEN QUESTION E-1739/00 by Ioannis Souladakis (PSE) to the Council (5 June 2000) Subject: Funding of the pre-accession procedure for Cyprus and Malta What action does the Council intend to take to ensure that the appropriations provided for the applicant countries Cyprus and Malta are moved from chapter B4 of the budget, concerning external aid, to Chapter B7, concerning pre-accession aid, in accordance with the guidelines for the 2001 budget that Parliament has already voted on (paragraph 48)? Reply (20 November 2000) In its first reading of the preliminary draft general budget for the financial year 2001 the Council has provided for those appropriations to be entered under Title B7-0 (Pre-accession strategy) with the other budget entries concerning the applicant countries. The Council would stress that it considers that the financing of the budget entries for the pre-accession strategy for Cyprus and Malta ought at this stage to come under heading 4 (External action) of the financial perspective. The Budget Council discussed the matter at its meeting on 20 July 2000. (2001/C 113 E/035) WRITTEN QUESTION E-1787/00 by Salvador Garriga Polledo (PPE-DE) to the Commission (8 June 2000) Subject: Boarding of a Community fishing vessel by Canadian inspectors The actions of Canadian inspectors on board a Portuguese freezer vessel with a Spanish crew (the (cid:145)Santa Mafalda(cid:146)) has once again given rise to fears that the Canadian authorities are launching a new halibut war. On 24 April 2000 the Santa Mafalda was fishing in NAFO international waters when it was boarded by Canadian inspectors. This has been described by the Spanish Association of Licensed Seamen (Aetinape) as a further infringement by Canada of the International Law of the Sea. How have the Community authorities responded to this further act of provocation (similar to the halibut war) on the part of the Canadian inspectors concerned and to what extent can Community fishermen be sure that such actions, which are an infringement of the International Law of the Sea, will not be allowed to happen again?
http://publications.europa.eu/resource/cellar/ce39022b-1704-47f3-bf65-70b0d623c7ed
32000R1182
http://data.europa.eu/eli/reg/2000/1182/oj
Commission Regulation (EC) No 1182/2000 of 5 June 2000 on the issue of system B export licences in the fruit and vegetables sector
2000-06-05
eng
[ "European Commission" ]
[]
[]
[]
[ "pdf", "print" ]
[ "export licence", "export refund", "fresh fruit", "fresh vegetable", "stone fruit" ]
[ "1642", "3568", "1119", "1608", "1117" ]
6.6.2000 EN Official Journal of the European Communities L 133/5 COMMISSION REGULATION (EC) No 1182/2000 of 5 June 2000 on the issue of system B export licences in the fruit and vegetables sector THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, (3) Having regard to Commission Regulation (EC) No 2190/96 of 14 November 1996 on detailed rules for implementing Council Regulation (EC) No 2200/96 as regards export refunds on fruit and vegetables (1), as last amended by Regulation (EC) No 298/2000 (2), and in particular Article 5(5) thereof, Whereas: prejudice the proper working of scheme in the fruit and vegetables sector. the export refund system B situation, applications To avoid this licences for peaches and nectarines exported after 5 June 2000 should be rejected until the end of the current export period, for HAS ADOPTED THIS REGULATION: Article 1 (1) (2) Commission Regulation (EC) No 888/2000 (3) fixes the indicative quantities for system B export licences other than those sought in the context of food aid. In the light of the information available to the Commis- sion today, there is a risk that the indicative quantities laid down for the current export period for peaches and nectarines will shortly be exceeded. This overrun will Applications for system B export licences for peaches and nectarines submitted pursuant to Article 1 of Regulation (EC) No 888/2000, export declarations for which are accepted after 5 June 2000 and before 1 July 2000, are hereby rejected. This Regulation shall enter into force on 6 June 2000. Article 2 This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 5 June 2000. For the Commission Franz FISCHLER Member of the Commission (1) OJ L 292, 15.11.1996, p. 12. (2) OJ L 34, 9.2.2000, p. 16. (3) OJ L 104, 29.4.2000, p. 50.
http://publications.europa.eu/resource/cellar/e43e5ebf-83d3-49ec-b5e2-61e571af0b52
92000E001750
WRITTEN QUESTION E-1750/00 by Rodi Kratsa-Tsagaropoulou (PPE-DE) to the Council. Elections in Kosovo.
2000-06-05
eng
[ "European Parliament", "Provisional data" ]
[]
[]
[]
[ "html", "pdf", "print" ]
[ "Kosovo", "local election", "local government", "organisation of elections", "the EU's international role" ]
[ "5695", "699", "68", "2186", "5873" ]
C 81 E/88 Official Journal of the European Communities EN 13.3.2001 Will the Commission take part in the preparation and monitoring of the election procedure, and also in the establishment and operation of the first municipal and communal councils that these elections will produce? Answer given by Mr Patten on behalf of the Commission (26 June 2000) In the division of responsibilities within the United Nations Mission in Kosovo (UNMIK), the Community has responsibility for Pillar 4 Economic reconstruction, recovery and development. The Commission is directly involved in the management and financing of this pillar headed by a Commission official who is also a Deputy Special Representative of the United Nations Secretary-General. Administrative costs are paid from the Community budget. The majority of the financing for the work of the pillar is coming from the Union and from Community funds. The organisation of the donor coordination mechanism for such issues is in the hands of the Commission and the World Bank. On the other hand, the Organisation for security and cooperation in Europe (OSCE) is the lead agency for Pillar 3 of UNMIK, and thus for issues of institution-building, civil society, and elections. The OSCE is therefore primarily responsible for the organisation of the forthcoming municipal elections. The costs of this exercise, and the rest of the work of that (cid:145)pillar(cid:146), are borne by OSCE members. Although this means that Member States, under the OSCE (cid:145)key(cid:146), pay 67 % of the these costs, and that the Community is concentrating its efforts on Pillar 4 for which it is primarily responsible, the Community is also providing vital assistance in this area without which the elections cannot take place e.g. € 5 million for the hardware for civil and voter registration as well as support for the UNMIK ID cards and the voter education campaign. No decision has yet been taken, by the Community, as regards additional involvement in the monitoring of themselves, although Community-funded personnel on the ground (e.g European Community monitoring mission (ECMM)) will undoubtedly play a role. the elections The establishment and operation of the municipal councils are a matter for UNMIK. The financial aspects are covered by the Kosovo budget, the largest single voluntary contribution by the Community, and a large part of the remainder of which derives from the economic and customs structures which the Commission has successfully, through the work of Pillar 4, helped to put in place. The Community has, in addition, provided considerable support through its twinning programme, the members of which are involved in the drafting of the new municipal law and which will continue to provide the elected administrations with expert advice on the highest Community standards of municipal administration, so as to ensure sustainable democracy at the grassroots level. (2001/C 81 E/106) WRITTEN QUESTION E-1750/00 by Rodi Kratsa-Tsagaropoulou (PPE-DE) to the Council (5 June 2000) Subject: Elections in Kosovo Kosovo(cid:146)s first local elections will be held this autumn. The success of this enterprise is crucial, since local democracy is the foundation for the region(cid:146)s political reconstruction, a goal in which the people of Europe are making considerable moral and material investment. Will the Council take part in the preparation and monitoring of the election procedure, and also in the establishment and operation of the first municipal and communal councils that these elections will produce? 13.3.2001 EN Official Journal of the European Communities C 81 E/89 Reply (10 October 2000) The Council shares the Honourable Member(cid:146)s assessment on the autumn municipal elections in Kosovo. At its meeting on 13 June the General Affairs Council emphasised the crucial importance of well-prepared municipal elections as the first step in establishing democratically legitimised institutions. On 20 June the Feira European Council reiterated its support for free and fair municipal elections in Kosovo (cid:145)(cid:133) carefully prepared and properly monitored by the competent international bodies(cid:146). It also stressed that extremist violence will not be tolerated and that (cid:145)(cid:133) local leaders are strongly urged to live up to their responsibilities by actively contributing to the establishment of a multi-ethnic, tolerant society where refugees and displaced persons are able to return and in which all the people of Kosovo can live safely(cid:146). The Council is following very closely elections preparation (registration, observation etc.), for which the Council of Europe has been mandated by the International Community as leading Organisation (OSCE, UN, EU and others will also be involved). EU Member States will certainly contribute to the Council of Europe(cid:146)s efforts, both in terms of monitors and resources, as it has done in previous, equally delicate elections, following the CoE(cid:146)s indications. As regards the establishment and operation of the first municipal and communal councils after elections, UNMIK (responsible, under UNSCR 1244, for the interim administration of Kosovo) is at present preparing suitable arrangements for the provisional self- government of municipalities, in accordance with the letter of UNSC Resolution 1244. In order to support such work and to ensure the necessary follow-up, consultations are taking place in the framework of G-8 and the Contact Group, in which the EU Presidency and the Commission are also involved. (2001/C 81 E/107) WRITTEN QUESTION E-1756/00 by Theresa Villiers (PPE-DE) to the Commission (31 May 2000) Subject: Cyprus Further to my Written Question E-1057/00 (1), could the Commission please state whether any Com- mission projects aimed at reconciliation between the two communities in Cyprus have been blocked or in any way hindered by the Denktash regime? Could it also please state whether any EU funds have been paid directly to the Denktash regime? Could it also please state whether any EU funds have been paid directly to the Denktash regime, without the involvement and/or assent of the Government of the Republic of Cyprus. Could it also please state whether any EU funds have been paid to organisations or individuals in occupied Northern Cyprus and if so: 1. to whom such funds were paid, 2. what involvement there was by the Denktash regime in relation to such funds, and 3. whether the Government of the Republic of Cyprus was informed of the payments? (1) OJ C 53 E, 20.2.2001, p. 64. Answer given by Mr Verheugen on behalf of the Commission (7 July 2000) As the Honourable Member is aware, the political situation in Cyprus, with the de facto separation of the island since 1974, has made the implementation of bi-communal projects very difficult. This has been particularly the case since the Luxembourg European Council in December 1997 and the end of 1999.
http://publications.europa.eu/resource/cellar/b4dae044-c25b-44a9-a743-5fc71b51ae34
32000R1188
http://data.europa.eu/eli/reg/2000/1188/oj
Commission Regulation (EC) No 1188/2000 of 5 June 2000 amending Regulation (EC) No 539/2000 on the issuing of a standing invitation to tender for the sale of common wheat of breadmaking quality held by the German intervention agency for export to certain ACP countries in the 1999/2000 marketing year
2000-06-05
eng
[ "European Commission" ]
[]
[]
[]
[ "pdf", "print" ]
[ "ACP countries", "Germany", "award of contract", "common wheat", "export", "intervention agency" ]
[ "5083", "1318", "20", "5010", "946", "3170" ]
6.6.2000 EN Official Journal of the European Communities L 133/21 COMMISSION REGULATION (EC) No 1188/2000 of 5 June 2000 amending Regulation (EC) No 539/2000 on the issuing of a standing invitation to tender for the sale of common wheat of breadmaking quality held by the German intervention agency for export to certain ACP countries in the 1999/2000 marketing year THE COMMISSION OF THE EUROPEAN COMMUNITIES, 1. Article 3(2) is replaced by the following: Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals (1), as last amended by Regulation (EC) No 1253/ 1999 (2), and in particular Article 5 thereof, Whereas: (1) (2) (3) (4) (5) Commission Regulation (EEC) No 2131/93 (3), as last amended by Regulation (EC) No 39/1999 (4), lays down the procedure and conditions for the disposal of cereals held by intervention agencies. Commission Regulation (EC) No 539/2000 (5) issued a standing invitation to tender for the sale of common wheat of breadmaking quality held by the German inter- vention agency for export to certain ACP countries. The time limit invitation to tender provided for in that Regulation should be fixed at a later date. the last partial for As a result of the extension of this invitation to tender, certain provisions of the invitation to tender should be adjusted and in particular a standard term of validity for export the current month plus four months. licences should be established of The final date for the removal of cereals and the relevant provisions should also be deleted. 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 time ‘2. the following partial invitation to tender shall be 9 a.m. (Brus- sels time) each Thursday. submitting tenders limit for for The time limit for the partial invitation to tender shall be 9 a.m. (Brussels time) on 28 September 2000.’; 2. the first indent of Article 4(1) is replaced by the following: ‘— the tenderer provides written proof from an official body in the ACP country of destination or a company having its overseas subsidiary in the said country, that the quantity in question a he has concluded for commercial supply contract for for common wheat export to an ACP State or to several States within one of the groups of ACP States listed in Annex I. Such proof shall be lodged with the competent authorities at least two working days before the date of the partial invitation to tender against which the tender is to be submitted.’; 3. Article 5(2) is replaced by the following: ‘2. Export licences shall be valid from their date of issue within the meaning of Article 9 of Regulation (EEC) No 2131/93 until the end of the fourth month following.’; 4. Article 7 is replaced by the following: ‘Article 7 The successful tenderer shall pay for the common wheat before removing it at the price indicated in the tender. The payment due for each of the lots to be removed shall be indivisible.’; 5. the last sentence in the second indent of Article 8(2) is replaced by the following: ‘This proof shall be supplied in accordance with Articles 16 and 49 of Commission Regulation (EC) No 800/1999 (*). (*) OJ L 102, 17.4.1999, p. 11.’. Regulation (EC) No 539/2000 is hereby amended as follows: Article 2 (1) OJ L 181, 1.7.1992, p. 21. (2) OJ L 160, 26.6.1999, p. 18. (3) OJ L 191, 31.7.1993, p. 76. (4) OJ L 5, 9.1.1999, p. 64. (5) OJ L 65, 14.3.2000, p. 14. This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities. L 133/22 EN Official Journal of the European Communities 6.6.2000 This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 5 June 2000. For the Commission Franz FISCHLER Member of the Commission
http://publications.europa.eu/resource/cellar/3bb78472-08ee-41cc-8129-cd846f3ff2bc
32000R1183
http://data.europa.eu/eli/reg/2000/1183/oj
Commission Regulation (EC) No 1183/2000 of 5 June 2000 on the supply of split peas as food aid
2000-06-05
eng
[ "European Commission" ]
[]
[]
[]
[ "pdf", "print" ]
[ "EU aid", "aid system", "delivery", "food aid", "leguminous vegetable" ]
[ "862", "3003", "1684", "807", "1609" ]
L 133/6 EN Official Journal of the European Communities 6.6.2000 COMMISSION REGULATION (EC) No 1183/2000 of 5 June 2000 on the supply of split peas as food aid THE COMMISSION OF THE EUROPEAN COMMUNITIES, (4) In order to ensure that the supplies are carried out, provision should be made for tenderers to be able to mobilise either green split peas or yellow split peas, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 1292/96 of 27 June 1996 on food aid policy and food aid management and special operations in support of food security (1), and in partic- ular Article 24(1)(b) thereof, Whereas: (1) (2) (3) The abovementioned Regulation lays down the list of countries and organisations eligible for Community aid and specifies the general criteria on the transport of food aid beyond the fob stage. Following the taking of a number of decisions on the allocation of food aid, the Commission has allocated split peas to certain beneficiaries. It is necessary to make these supplies in accordance with the rules laid down by Commission Regulation (EC) No 2519/97 of 16 December 1997 laying down general rules for the mobilisation of products to be supplied under Council Regulation (EC) No 1292/96 as Community food aid (2). It is necessary to specify the time limits and conditions of supply to determine the resultant costs. HAS ADOPTED THIS REGULATION: Article 1 Split peas shall be mobilised in the Community, as Community food aid for supply to the recipients listed in the Annex, in accordance with Regulation (EC) No 2519/97, and under the conditions set out in the Annex. Tenders shall cover either green split peas or yellow split peas. Tenders shall be rejected unless they specify the type of peas to which they relate. The tenderer is deemed to have noted and accepted all the general and specific conditions applicable. Any other condition or reservation included in his tender is deemed unwritten. Article 2 This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 5 June 2000. For the Commission Franz FISCHLER Member of the Commission (1) OJ L 166, 5.7.1996, p. 1. (2) OJ L 346, 17.12.1997, p. 23. 6.6.2000 EN Official Journal of the European Communities L 133/7 ANNEX LOTS A, B, C 1. Action No: 340/98 (A): 138/99 (B1): 139/99 (B2): 149/99 (C) 2. Beneficiary (2): EuronAid, PO Box 12, 2501 CA Den Haag, Nederland tel.: (31-70) 33 05 757; fax: 36 41 701; telex: 30960 EURON NL 3. Beneficiary's representative: to be designated by the recipient 4. Country of destination: A: Nicaragua: B: Rwanda: C: Haiti 5. Product to be mobilised (8): split peas (lot C: green peas) 6. Total quantity (tonnes net): 2 997 7. Number of lots: 3 (A: 360 tonnes: B: 2 025 tonnes (B1: 1 025 tonnes; B2: 1 000 tonnes); C: 612 tonnes) 8. Characteristics and quality of the product (3) (4) (7): — 9. Packaging (5) (9): see OJ C 267, 13.9.1996, p. 1 (2.1 A 1.a, 2.a and B.4) or (4.0 A 1.c, 2.c and B.4) 10. Labelling or marking (6): see OJ C 114, 29.4.1991, p. 1 (IV.A.3)) — Language to be used for the markings: A: Spanish: B: English: C: French — Supplementary markings: — 11. Method of mobilisation of the product: the Community market The product must originate from the Community. 12. Specified delivery stage: free at port of shipment 13. Alternative delivery stage: — 14. a) Port of shipment: — b) Loading address: — 15. Port of landing: — 16. Place of destination: — — port or warehouse of transit: — — overland transport route: — 17. Period or deadline of supply at the specified stage: — first deadline: A, C: 10-30.7.2000; B: 17.7-6.8.2000 — second deadline: A, C: 24.7-13.8.2000; B: 31.7-20.8.2000 18. Period or deadline of supply at the alternative stage: — first deadline: — — second deadline: — 19. Deadline for the submission of tenders (at 12 noon, Brussels time): — first deadline: 20.6.2000 — second deadline: 4.7.2000 20. Amount of tendering guarantee: EUR 5 per tonne 21. Address for submission of tenders and tendering guarantees (1): Bureau de l'aide alimentaire, Attn. Mr T. Vestergaard, Bâtiment Loi 130, bureau 7/46, Rue de la Loi/Wetstraat 200, B-1049 Bruxelles/Brussel; tlx: 25670 AGREC B; fax: (32 2) 296 70 03/296 70 04 (exclusively) 22. Export refund: — L 133/8 EN Official Journal of the European Communities 6.6.2000 Notes: (1) Supplementary information: André Debongnie (tel. (32 2) 295 14 65), Torben Vestergaard (tel. (32 2) 299 30 50). (2) The supplier shall contact the beneficiary or its representative as soon as possible to establish which consignment documents are required. (3) The supplier shall deliver to the beneficiary a certificate from an official entity certifying that for the product to be in the Member State concerned, have not been delivered the standards applicable, relative to nuclear radiation, exceeded. The radioactivity certificate must indicate the caesium-134 and -137 and iodine-131 levels. (4) The supplier shall supply to the beneficiary or its representative, on delivery, the following document: — phytosanitary certificate. (5) Since the goods may be rebagged, the supplier must provide 2 % of empty bags of the same quality as those containing the goods, with the marking followed by a capital ‘R’. (6) Notwithstanding OJ C 114 of 29.4.1991, point IV.A(3)(c) is replaced by the following: ‘the words “European Community”’ and point IV.A(3)(b) by the following: ‘Split peas’. (7) Tenders shall be rejected unless they specify the type of peas to which they relate. (8) Yellow or green peas (Pisum sativum) for human consumption of the most recent crop. The peas must not have been coloured artificially. The split peas must be steam-treated for at least two minutes or have been fumigated (*) and meet the following requirements: — moisture: maximum 15 %, — foreign matters: maximum 0,1 %, — broken split peas: maximum 10 % (pea fragments passing through a sieve of circular mesh of 5 mm diameter), — percentage of discoloured seeds or of different colour: maximum 1,5 % (yellow peas), maximum 15 % (green peas), — cooking time: maximum 45 minutes (after soaking for 12 hours) or maximum 60 minutes (without soaking). (9) Shipment to take place in 20-foot containers, condition FCL/FCL. The supplier shall be responsible for the cost of making the container available in the stack position at the container terminal at the port of shipment. The beneficiary shall be responsible for all subsequent loading costs, including the cost of moving the containers from the container terminal. The supplier has to submit to the recipient's agent a complete packing list of each container, specifying the number of bags belonging to each action number as specified in the invitation to tender. The supplier has to seal each container with a numbered locktainer (Oneseal, Sysko, Locktainer 180 or a similar high-security seal), the number of which is to be provided to the beneficiary's representative. (*) The successful tender shall supply to the beneficiary or its representative, on delivery a fumigation certificate.
http://publications.europa.eu/resource/cellar/7c81caa2-6175-4f5b-8c4b-4cafaa65d2af
32000R1185
http://data.europa.eu/eli/reg/2000/1185/oj
Commission Regulation (EC) No 1185/2000 of 5 June 2000 on the supply of cereals as food aid
2000-06-05
eng
[ "European Commission" ]
[]
[]
[]
[ "pdf", "print" ]
[ "EU aid", "aid system", "cereals", "delivery", "food aid" ]
[ "862", "3003", "5360", "1684", "807" ]
L 133/12 EN Official Journal of the European Communities 6.6.2000 COMMISSION REGULATION (EC) No 1185/2000 of 5 June 2000 on the supply of cereals as food aid THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 1292/96 of 27 June 1996 on food-aid policy and food-aid management and special operations in support of food security (1), and in partic- ular Article 24(1)(b) thereof, Whereas: (1) (2) (3) The abovementioned Regulation lays down the list of countries and organisations eligible for Community aid and specifies the general criteria on the transport of food aid beyond the fob stage. Following the taking of a number of decisions on the allocation of food aid, the Commission has allocated cereals to certain beneficiaries. It is necessary to make these supplies in accordance with the rules laid down by Commission Regulation (EC) No 2519/97 of 16 December 1997 laying down general rules for the mobilisation of products to be supplied under Council Regulation (EC) No 1292/96 as Community food aid (2). It is necessary to specify the time limits and conditions of supply to determine the resultant costs, HAS ADOPTED THIS REGULATION: Article 1 Cereals shall be mobilised in the Community, as Community food aid for supply to the recipient listed in the Annex, in accordance with Regulation (EC) No 2519/97 and under the conditions set out in the Annex. The tenderer is deemed to have noted and accepted all the general and specific conditions applicable. Any other condition or reservation included in his tender is deemed unwritten. Article 2 This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 5 June 2000. For the Commission Franz FISCHLER Member of the Commission (1) OJ L 166, 5.7.1996, p. 1. (2) OJ L 346, 17.12.1997, p. 23. 6.6.2000 EN Official Journal of the European Communities L 133/13 ANNEX LOT A 1. Action No: 151/99 2. Beneficiary (2): EuronAid, PO Box 12, 2501 CA Den Haag, Nederland tel.: (31-70) 33 05 757; fax: 36 41 701; telex: 30960 EURON NL 3. Beneficiary's representative: to be designated by the recipient 4. Country of destination: Haiti 5. Product to be mobilised: common wheat flour 6. Total quantity (tonnes net): 300 7. Number of lots: 1 8. Characteristics and quality of the product (3) (5): see OJ C 114, 29.4.1991, p. 1 (II.B.(1)(a)) 9. Packaging (7) (8): see OJ C 267, 13.9.1996, p. 1 (2.2 A 1.d, 2.d and B.4) 10. Labelling or marking (6): see OJ C 114, 29.4.1991, p. 1 (II.B.(3)) — Language to be used for the markings: French — Supplementary markings: — 11. Method of mobilisation of the product: the Community market 12. Specified delivery stage: free at port of shipment 13. Alternative delivery stage: — 14. a) Port of shipment: — b) Loading address: — 15. Port of landing: — 16. Place of destination: — — port or warehouse of transit: — — overland transport route: — 17. Period or deadline of supply at the specified stage: — first deadline: 10-30.7.2000 — second deadline: 24.7-13.8.2000 18. Period or deadline of supply at the alternative stage: — first deadline: — — second deadline: — 19. Deadline for the submission of tenders (at 12 noon, Brussels time): — first deadline: 20.6.2000 — second deadline: 4.7.2000 20. Amount of tendering guarantee: EUR 5 per tonne 21. Address for submission of tenders and tendering guarantees (1): Bureau de l'aide alimentaire, Attn. Mr T. Vestergaard, Bâtiment Loi 130, bureau 7/46, Rue de la Loi/Wetstraat 200, B-1049 Bruxelles/Brussel; tlx: 25670 AGREC B; fax: (32-2) 296 70 03 /296 70 04 (exclusively) 22. Export refund (4): refund applicable on 16.6.2000, fixed by Commission Regulation (EC) No 1141/2000 (OJ L 127, 27.5.2000, p. 54) L 133/14 EN Official Journal of the European Communities 6.6.2000 LOTS B, C 1. Action No: 264/98 (B1): 341/98 (B2): 150/99 (B3); 140/99 (C1); 142/99 (C2) 2. Beneficiary (2): EuronAid, PO Box 12, 2501 CA Den Haag, Nederland tel.: (31-70) 33 05 757; fax: 36 41 701; telex: 30960 EURON NL 3. Beneficiary's representative: to be designated by the recipient 4. Country of destination: B1 + B2: Nicaragua: B3: Haiti; C1: Angola: C2: Rwanda 5. Product to be mobilised: milled rice (product code 1006 30 92 9900, 1006 30 94 9900, 1006 30 96 9900, 1006 30 98 9900) 6. Total quantity (tonnes net): 4 354 7. Number of lots: 2 (B: 2 137 tonnes (B1: 95 tonnes; B2: 362 tonnes; B3: 1 680 tonnes) C: 2 217 tonnes (C1: 1 648 tonnes; C2: 569 tonnes)) 8. Characteristics and quality of the product (3) (5): see OJ C 114, 29.4.1991, p. 1 (II.A.(1)(f)) 9. Packaging (7) (8): see OJ C 267, 13.9.1996, p. 1 (1.0 A 1.c, 2.c and B.6) 10. Labelling or marking (6): see OJ C 114, 29.4.1991, p. 1 (II.A.(3)) — Language to be used for the markings: B1 + B2: Spanish; B3: French; C1: Portuguese; C2: English — Supplementary markings: — 11. Method of mobilisation of the product: the Community market 12. Specified delivery stage: free at port of shipment 13. Alternative delivery stage: — 14. a) Port of shipment: — b) Loading address: — 15. Port of landing: — 16. Place of destination: — — port or warehouse of transit: — — overland transport route: — 17. Period or deadline of supply at the specified stage: — first deadline: 10-30.7.2000 — second deadline: 24.7-13.8.2000 18. Period or deadline of supply at the alternative stage: — first deadline: — — second deadline: — 19. Deadline for the submission of tenders (at 12 noon, Brussels time): — first deadline: 20.6.2000 — second deadline: 4.7.2000 20. Amount of tendering guarantee: EUR 5 per tonne 21. Address for submission of tenders and tendering guarantees (1): Bureau de l'aide alimentaire, Attn. Mr T. Vestergaard, Bâtiment Loi 130, bureau 7/46, Rue de la Loi/Wetstraat 200, B-1049 Bruxelles/Brussel; tlx: 25670 AGREC B; fax: (32-2) 296 70 03/296 70 04 (exclusively) 22. Export refund (4): refund applicable on 16.6.2000, fixed by Commission Regulation (EC) No 1141/2000 (OJ L 127, 27.5.2000, p. 54) 6.6.2000 EN Official Journal of the European Communities L 133/15 LOT D 1. Action No: 147/99 2. Beneficiary (2): EuronAid, PO Box 12, 2501 CA Den Haag, Nederland tel.: (31-70) 33 05 757; fax: 36 41 701; telex: 30960 EURON NL 3. Beneficiary's representative: to be designated by the recipient 4. Country of destination: Haiti 5. Product to be mobilised: oat flakes 6. Total quantity (tonnes net): 30 7. Number of lots: 1 8. Characteristics and quality of the product (3) (5): see OJ C 114, 29.4.1991, p. 1 (II.B.(1)(e)) 9. Packaging (7) (8): see OJ C 267, 13.9.1996, p. 1 (2.3 A 1.c, 2.c and B.4) 10. Labelling or marking (6): see OJ C 114, 29.4.1991, p. 1 (II.B.(3)) — Language to be used for the markings: French — Supplementary markings: — 11. Method of mobilisation of the product: the Community market 12. Specified delivery stage: free at port of shipment 13. Alternative delivery stage: — 14. a) Port of shipment: — b) Loading address: — 15. Port of landing: — 16. Place of destination: — — port or warehouse of transit: — — overland transport route: — 17. Period or deadline of supply at the specified stage: — first deadline: 17.7-6.8.2000 — second deadline: 31.7-20.8.2000 18. Period or deadline of supply at the alternative stage: — first deadline: — — second deadline: — 19. Deadline for the submission of tenders (at 12 noon, Brussels time): — first deadline: 20.6.2000 — second deadline: 4.7.2000 20. Amount of tendering guarantee: EUR 5 per tonne 21. Address for submission of tenders and tendering guarantees (1): Bureau de l'aide alimentaire, Attn. Mr T. Vestergaard, Bâtiment Loi 130, bureau 7/46, Rue de la Loi/Wetstraat 200, B-1049 Bruxelles/Brussel; tlx: 25670 AGREC B; fax: (32-2) 296 70 03 /296 70 04 (exclusively) 22. Export refund (4): refund applicable on 16.6.2000, fixed by Commission Regulation (EC) No 1141/2000 (OJ L 127, 27.5.2000, p. 54) L 133/16 EN Official Journal of the European Communities 6.6.2000 Notes (1) Supplementary information: André Debongnie (tel. (32-2) 295 14 65), Torben Vestergaard (tel. (32-2) 299 30 50). (2) The supplier shall contact the beneficiary or its representative as soon as possible to establish which consignment documents are required. (3) The supplier shall deliver to the beneficiary a certificate from an official entity certifying that for the product to be in the Member State concerned, have not been delivered the standards applicable, relative to nuclear radiation, exceeded. The radioactivity certificate must indicate the caesium-134 and -137 and iodine-131 levels. (4) Commission Regulation (EC) No 259/98 (OJ L 25, 31.1.1998, p. 39), is applicable as regards the export refund. The date referred to in Article 2 of the said Regulation is that indicated in point 22 of this Annex. The supplier's attention is drawn to the last subparagraph of Article 4(1) of the above Regulation. The photocopy of the export licence shall be sent as soon as the export declaration has been accepted fax (32 2) 296 20 05. (5) The supplier shall supply to the beneficiary or its representative, on delivery, the following documents: — phytosanitary certificate. — B1 + B2: The shipping documents must be authenticated by the diplomatic representative in the exporting country. (6) Notwithstanding OJ C 114, 29.4.1991, point II.A(3)(c) or II.B(3)(c) is replaced by the following: ‘the words “European Community”’. (7) Since, the goods may be rebagged, the supplier must provide 2 % of empty bags of the same quality as those containing the goods, with the marking followed by a capital ‘R’. (8) Shipment to take place in 20-foot containers, condition FCL/FCL. The supplier shall be responsible for the cost of making the container available in the stack position at the container terminal at the port of shipment. The beneficiary shall be responsible for all subsequent loading costs, including the cost of moving the containers from the container terminal. The supplier has to submit to the beneficiary's agent a complete packing list of each container, specifying the number of bags belonging to each action number as specified in the invitation to tender. The supplier has to seal each container with a numbered locktainer (ONESEAL, SYSKO Locktainer 180 or a similar high-security seal) the number of which is to be provided to the beneficiary's representative.
http://publications.europa.eu/resource/cellar/c1397738-336c-40c0-a87f-01d7b78700fb
92000E001737
WRITTEN QUESTION E-1737/00 by Ioannis Souladakis (PSE) to the Council. Funding of European Union island regions.
2000-06-05
eng
[ "European Parliament", "Provisional data" ]
[]
[]
[]
[ "html", "pdf", "print" ]
[ "EU Member State", "EU financing", "island region" ]
[ "5283", "1005", "4129" ]
3.4.2001 EN Official Journal of the European Communities C 103 E/23 Does the Commission intend to put a stop to those activities mentioned in Law No 378 of 14 June 1995 on the performance of work by local and district authorities for other public authorities which are carried out in competition with private undertakings? Answer given by Mr Monti on behalf of the Commission (20 July 2000) Member States are free to buy products and services where and from whom they want, as long as they respect the Community rules on public procurement. Member States must make sure that undertakings, private or public, do not receive overcompensation for any service or product of general economic interest, which they are requested to provide under Article 86(2) (ex Article 90) of the EC Treaty, in order to avoid the use of such overcompensation to cross subsidise their other commercial activities. As long as the above principles are respected the Commission has no power to intervene. The Commission is currently examining the implications under the Community rules on public procure- ment of the law and the examples of its concrete application mentioned in the Danish Ministry of Interior(cid:146)s statement to the Commission of 31 March 2000. (2001/C 103 E/024) WRITTEN QUESTION E-1737/00 by Ioannis Souladakis (PSE) to the Council (5 June 2000) Subject: Funding of European Union island regions What action does the Council intend to take in order to create the necessary legal basis for the funding of European Union island regions from the EU budget set for 2001, in accordance with the provisions of the Treaty of Amsterdam and the guidelines for the 2001 budget that Parliament has already voted on (paragraph 33)? Reply (9 November 2000) 1. The Council recognises that island regions suffer from structural handicaps as a result of their being islands. It has always attributed the greatest importance to financial instruments intended, when that is justified, to integrate those regions more satisfactorily into the internal market under equitable conditions. 2. In the context of economic and social cohesion, the Structural Funds are, in this connection, an important instrument for action, having a positive effect on the growth and convergence of island regions. 3. Under the new regulatory framework of the Structural Funds, the least favoured islands in the European Union meeting the criteria of eligibility defined in the general Regulation may benefit specifically from Community financial help under Objective 1 (regions lagging behind in development) or Objective 2 (areas undergoing social and economic conversion).
http://publications.europa.eu/resource/cellar/14c06d8c-2238-435c-8cb0-79987bc2e984
32000R1187
http://data.europa.eu/eli/reg/2000/1187/oj
Commission Regulation (EC) No 1187/2000 of 5 June 2000 supplementing the Annex to Regulation (EC) No 2400/96 on the entry of certain names in the 'Register of protected designations of origin and protected geographical indications' provided for in Council Regulation (EEC) No 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs
2000-06-05
eng
[ "European Commission" ]
[]
[]
[]
[ "html", "pdf", "print" ]
[ "agricultural product", "designation of origin", "foodstuff", "location of production", "preparation for market" ]
[ "2734", "3173", "2735", "1686", "87" ]
6.6.2000 EN Official Journal of the European Communities L 133/19 COMMISSION REGULATION (EC) No 1187/2000 of 5 June 2000 supplementing the Annex to Regulation (EC) No 2400/96 on the entry of certain names in the ‘Register of protected designations of origin and protected geographical indications’ provided for in Council Regulation (EEC) No 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 2081/92 of 14 July 1992 on the protection of geographical indications and designations of origin for agricultural products and food- stuffs (1), as last amended by Commission Regulation (EC) No 1068/97 (2), and in particular Article 6(3) and (4) thereof, Whereas: (4) (5) did not meet the exhaustive criteria laid down in Article 7(4) of that Regulation. The names should therefore be entered in the ‘Register of protected designations of origin and protected and hence be protected geographical throughout the Community as protected designations of origin and protected geographical indications. indications’ The Annex to this Regulation supplements the Annex to Commission Regulation (EC) No 2400/96 (4), as last amended by Regulation (EC) No 547/2000 (5), (1) (2) (3) In accordance with Article 5 of Regulation (EEC) No 2081/92, Spain, France and Portugal have sent the Commission applications for the registration of certain names as designations of origin or geographical indica- tions. In accordance with Article 6(1) of that Regulation, the applications have been found to meet all the require- ments laid down therein and in particular to contain all the information required in accordance with Article 4 thereof. Following publication in the Official Journal of the Euro- pean Communities (3) of the names in the Annex to this Regulation, statements of objection within the meaning of Article 7 of Regulation (EEC) No 2081/92 were sent to the Commission but were deemed to be unfounded and therefore inadmissible. The objections in question HAS ADOPTED THIS REGULATION: Article 1 The names in the Annex to this Regulation are added to the Annex to Regulation (EC) No 2400/96 and entered as protected designations of origin (PDO) and protected geograph- ical indications (PGI) in the ‘Register of protected designations of origin and protected geographical indications’ provided for in Article 6(3) of Regulation (EEC) No 2081/92. Article 2 This Regulation shall enter into force on the day of its publica- tion in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 5 June 2000. For the Commission Franz FISCHLER Member of the Commission (1) OJ L 208, 24.7.1992, p. 1. (2) OJ L 156, 13.6.1997, p. 10. (3) OJ C 228, 11.8.1999, p. 13; OJ C 229, 12.8.1999, p. 3; OJ C 239, 24.8.1999, p. 2; OJ C 238, 21.8.1999, p. 21 and OJ C 262, 16.9.1999, p. 4. (4) OJ L 327, 18.12.1996, p. 11. (5) OJ L 67, 15.3.2000, p. 8. L 133/20 EN Official Journal of the European Communities 6.6.2000 PRODUCTS LISTED IN ANNEX I TO THE EC TREATY, INTENDED FOR HUMAN CONSUMPTION ANNEX Cheeses PORTUGAL Queijo mestiço de Tolosa (PGI) Fruit, vegetables and cereals FRANCE Haricot tarbais (PGI) Pomme de terre de l'Ile de Ré (PDO) Riz de Camargue (PGI) PORTUGAL Anona da Madeira (PDO) Oils and fats SPAIN Olive oil: Montes de Toledo (PDO) FRANCE Huile d'olive de la vallée des Baux-de-Provence (PDO) Other products of animal origin (eggs, honey, milk products excluding butter, etc.) FRANCE Miel de Corse — Mele de Corsica (PDO)
http://publications.europa.eu/resource/cellar/5fcb3b4e-58cb-4401-b444-bd2b5a75a2a6
92000E001827
WRITTEN QUESTION P-1827/00 by Raimon Obiols i Germà (PSE) to the Council. Algeria-EU Association agreement.
2000-06-05
eng
[ "European Parliament", "Provisional data" ]
[]
[]
[]
[ "html", "pdf", "print" ]
[ "Algeria", "association agreement (EU)" ]
[ "1196", "4048" ]
6.3.2001 EN Official Journal of the European Communities C 72 E/125 The Commission subsequently launched an infringement procedure (94/4232) on two counts: distortion of the common market by establishing a different tax base for national as opposed to Community purposes, and the question of State aid in the event of the proceeds of the charge being reutilised. Meanwhile, the Italian Government(cid:146)s adoption of legislative decree no. 22/1997 on waste abolished the charge, but did not solve the problem of what to do with the sums that had already been paid but had not been used because of the Commission(cid:146)s intervention. In view of the fact that any legislation that infringes Community law must be repealed with retrospective effect: 1. Could the Commission state whether it can take measures directly, and if so which, and whether it intends to urge Italy to take measures, and if so which, with a view to recovering the sums paid? 2. Does the Commission consider that it would be appropriate to provide compensation, if only indirectly, for farmers, the only sector really affected by the charge on polyethylene? Joint answer to Written Questions E-1816/00 and P-1989/00 given by Mr Bolkestein on behalf of the Commission (13 July 2000) The Commission confirms that the infringement proceedings initiated against Italy under Article 226 (formerly Article 169) of the EC Treaty for having introduced a special 10 % levy on the price of unadulterated polyethylene have been shelved following the repeal of the law concerned. The Court of Justice has consistently ruled that charges levied in breach of Community law must be the repayment of sums wrongly collected is governed by the procedures and refunded. However, law, which may not be stricter than those applied in cases not involving arrangements of national Community law or make repayment excessively difficult or indeed impossible. in accordance with the well-established case-law of the Court of Similarly, Justice, Community law demands that the Member State responsible for imposing charges incompatible with that law compensate those concerned for the injury caused by its action. Action for damages is likewise subject to the rules of substance and procedure of national law. The Commission will be contacting the Italian authorities to take stock of the situation. (2001/C 72 E/158) WRITTEN QUESTION P-1827/00 by Raimon Obiols i Germ(cid:224) (PSE) to the Council (5 June 2000) Subject: Algeria-EU Association agreement After a prolonged period, the negotiations between the EU and Algeria aimed at concluding an association agreement have entered a new phase. A new round of contacts has been launched both at a technical level, by the Commission, and at a political level, by the Council. On 12 May, a meeting at ministerial level was held by the Community (cid:145)troika(cid:146) in Lisbon chaired by the President-in-Office of the Council, Mr Jaime Gama, in order to consider the state of Euro-Algerian relations. The meeting was preceded by a meeting at diplomatic level. The talks were meant to provide a new impetus to the political dialogue between the EU and Algeria, and keep up the pace of negotiations, culminating in the conclusion of an association agreement satisfactory to both parties. C 72 E/126 Official Journal of the European Communities EN 6.3.2001 In view of the talks with the Algerian authorities over the past few weeks: (cid:129) What are the Council(cid:146)s guidelines and priorities as regards the political dialogue and the negotiation of the Association Agreement with Algeria? (cid:129) In the Council(cid:146)s opinion, what is the most realistic timetable for developing and achieving the EU-Algeria Association Agreement? Reply (28 September 2000) in Since 1997, the Council has agreed to intensify political dialogue with Algeria at ministerial Algiers as well as elsewhere, on the basis of the following guidelines: solidarity with the Algerian people, condemnation of all forms of terrorism and excessive violence, full respect for fundamental freedoms, human rights and democratic principles, support for political and economic reform and the negotiation of a new Euro-Mediterranean association agreement. The first meeting took place on 26 November 1997 followed by meetings on 19 and 20 January 1998 in Algiers, under the Luxembourg Presidency, 21 October 1998 in Vienna, 3 November 1999 in Algiers, and most recently on 12 May 2000 in Lisbon. The French Presidency is planning to organise a similar political dialogue meeting in the second half of this year. level, In all its contacts with the Algerian authorities, the Council points out that the fight against terrorism must not serve as a pretext for human rights violations, and that any departure from this and any abuse should be resisted. It is also convinced of the need for dialogue between the Government and the opposition. At the last meeting in Lisbon on 12 May, the Presidency particularly stressed that the Council supported the attempt at national reconciliation led by President Bouteflika and encouraged the economic and social reform process and the promotion of democracy, human rights and fundamental freedoms. It expressed the EU(cid:146)s concern about reports of detentions, extrajudicial arrests, torture and the fate of disappeared persons, both from the Government and the opposition. The Council welcomes the policy decision of the Algerian authorities to resume negotiations with a view to an association agreement. The second negotiating session was held on 14 April 2000, and included a the negotiations and significant progress as regards the chapter on economic general overview of cooperation. An informal session at technical level will be held on 11 July in Algiers, and should be followed by a formal session in Brussels this autumn. The Council hopes that these negotiations can quickly end in the finalisation of the association agreement with Algeria, and will encourage the other countries with which negotiations are under way, namely Syria and the Lebanon, to accelerate them. (2001/C 72 E/159) WRITTEN QUESTION P-1829/00 by Giorgio Celli (Verts/ALE) to the Commission (31 May 2000) Subject: Exploitation of Lake Trasimeno(cid:146)s water Although Lake Trasimeno (near Perugia) is classed as a Site of Community Interest (SCI) and a Special Protection Area (SPA) under Directives 79/409/EEC and 92/43/EEC, it is still being wrongly used as a basin for irrigation water. Almost uniquely in Italy, its broad cane thickets harbour more than 200 species of birds, and it boasts extremely rare plant species that have already disappeared from the majority of wetlands. The water depletion is caused, firstly, by the enormous volumes taken for water-hungry crops such as maize, which have replaced traditional, more environmentally friendly agriculture and which receive large sums of Community aid, and, secondly, by water taken for public waste supplies. Will the Commission examine whether this form of industrial farming, supported by Community funds, is not very much at odds with the need to safeguard this unique and irreplaceable habitat?
http://publications.europa.eu/resource/cellar/cb658275-1b6b-470b-b8c5-897a541f358b
32000D0370
http://data.europa.eu/eli/dec/2000/370/oj
Council Decision of 5 June 2000 amending Decision 1999/319/CFSP implementing Common Position 1999/318/CFSP concerning additional restrictive measures against the Federal Republic of Yugoslavia
2000-06-05
eng
[ "Council of the European Union" ]
[]
[]
[]
[ "html", "pdf", "print" ]
[ "EU visa policy", "Serbia", "Yugoslavia", "international sanctions", "international security", "restriction of liberty" ]
[ "5796", "5892", "4778", "3483", "3450", "3588" ]
7.6.2000 EN Official Journal of the European Communities L 134/1 (Acts adopted pursuant to Title V of the Treaty on European Union) COUNCIL DECISION of 5 June 2000 amending Decision 1999/319/CFSP implementing Common Position 1999/318/CFSP concerning additional restrictive measures against the Federal Republic of Yugoslavia (2000/370/CFSP) THE COUNCIL OF THE EUROPEAN UNION, Having regard to Common Position 1999/318/CFSP (1) adopted by the Council on 10 May 1999 concerning additional restrictive measures against the Federal Republic of Yugoslavia (FRY) and in particular Article 1(1) thereof, in conjunction with Article 23(2) of the Treaty on European Union, Taking into account Council Common Position 2000/56/CFSP (2); Whereas: (1) (2) By implementing Decision 1999/319/CFSP (3) the Council adopted a list of persons reported for non-admission in the Member States. This list needs to be updated, HAS ADOPTED THIS DECISION: Article 1 of Decision 1999/319/CFSP shall be replaced by the following: ‘Article 1 Article 1 The persons to which the obligation of non-admission referred to in Article 1 of Common Position 1999/318/CFSP applies are the following: Milosevic Slobodan President of FRY Milosevic's family Gajic-Milosevic Milica Markovic Mirjana Milosevic Borislav Milosevic Marija Milosevic Marko FRY Government Aleksic Milutin Aleksov Ivan Andrejevic Goran Antic Bozidar Beko Milan Bogdanovic Miodrag Bogdanovic Radmilo Bozovic Srdja Daughter-in-law Wife Brother Daughter Son Director of the Administrative Service of the Federal Government Assistant Federal Minister for Telecommunications Assistant Federal Minister for Communications Deputy Minister, Ministry of Trade (Foreign) Minister for the Economy Assistant Federal Minister for Transport Head of Committee on Security of Federal Parliament, born 7.10.1934, diplomatic passport number 016504 Speaker, Federal Chamber of Republics (1) OJ L 123, 13.5.1999, p. 1. Common Position as amended by Common Position 2000/176/CFSP (OJ L 56, 1.3.2000, p. 1). (2) OJ L 21, 26.1.2000, p. 4. (3) OJ L 123, 13.5.1999, p. 3. Decision as last amended by Decision 2000/348/CFSP (OJ L 122, 24.5.2000, p. 7). L 134/2 EN Official Journal of the European Communities 7.6.2000 Bulatovic Gordana Deputy Federal Minister for Refugees, Displaced Persons, and Humani- tarian Aid Bulatovic Momir Prime Minister, born 21.9.1956, diplomatic passport number 013441 Crni Branko Djeric Velizar Djokic Nenad Dragas Mirjana Senior Adviser in the Ministry of the Interior Minister of Sport Former Member Deputy Minister, Ministry of Labour, Health and Social Security Drobnjakovic Dejan Minister for Transport, born 6.11.1933 Eric Milovan Etinski Rodoljub Filipovic Rade Gojkovic Maja Minister for Internal Trade Chief Legal Adviser at Ministry of Foreign Affairs, born 5.3.1952, diplomatic passport number 017924 Former Member Deputy Prime Minister, born 22.5.1963, diplomatic passport number 015947 Jankovic Nikola Assistant Federal Minister for the Economy Jevtic Milan, Maj-Gen Head of Administration, Ministry of Defence Jojic Petar Minister of Justice Jovanovic Perisa (born 1946) Federal Secretary for Legislation Jovanovic Zivadin Karaicic Zoran Kikic Zlatan Kljajic Zoran Knezevic Zoran Korac Maksim Kostic Jugoslav Kovac Miodrag Kutlesic Vladan Latinovic Dusan Lazic Zoran Levovic Zlatko Lilic Zoran Minister for Foreign Affairs, born 14.11.1938, diplomatic passport number 016801 Assistant Minister in the Ministry for Transport, born 23.11.1950 Director of the European Department, Ministry of Foreign Affairs Deputy Federal Minister for Development, Science and Environment Former Member Assistant Minister, Ministry of Labour, Health and Social Security, born 26.5.1949 Minister without Portfolio Minister for Labour, Health and Social Security, born 31.7.1948 Deputy Prime Minister, born 9.11.1955, diplomatic passport number 016446 Deputy Minister, Ministry of Justice Secretary of the Federal Ministry for Foreign Trade Assistant Federal Minister for Agriculture Deputy Prime Minister, born 27.8.1953, diplomatic passport number 015043 Marjanovic Predrag Deputy Federal Minister of Finance Markicevic Slavenko Deputy Minister, Ministry for Telecommunications Markovic Dragan Markovic Ivan Markovic Milisav Matic Goran Minic Milomir Mirkovic Cedomir Nikcevic Zelidrag Nikolic Tomislav Nogo Sreto Without Portfolio Minister of Telecommunications Deputy Minister, Ministry of the Interior Without Portfolio and Secretary to the Information Secretariat, born 6.6.1959, diplomatic passport number 018221 Speaker, Federal Chamber of Citizens, born 1950 Minister of International Cultural and Scientific Cooperation, born 18.1.1944 Minister without Portfolio Deputy Prime Minister, born 15.2.1952 Secretary of the Federal Ministry for Communications 7.6.2000 EN Official Journal of the European Communities L 134/3 Novakovic Zoran Ognjanovic Vuk Deputy Minister, Ministry of Foreign Affairs Minister without Portfolio, born 29.10.1930, diplomatic passport number 016894 Ojdanic Dragoljub Minister of Defence Pantovic Danilo Pesic Dragisa Popovic Ljiljana Secretary General, FRY MFA Federal Minister of Finances Assistant Federal Minister Humanitarian Aid for Regugees, Displaced Persons and Popovic Ljubisa (born 1952) Secretary-General of the Federal Government Radic Marinko Radojevic Dojcilo Radulovic Radomir Director of Federal Market Inspections Former Member Assistant of the Federal Secretary for Information, born 16.8.1949, diplomatic passport number 011223 Rasajski Slavenko Deputy Minister for Telecommunications Sainovic Nikola Savovic Margit Sekulic Dusko Simovic Svetozar Sipovac Nedeljko Sljapic Nada Sokolovic Zoran Stankovic Nenad Stevanovic Aco Terzic Milun Veizovic Dobrosav Velickovic Nebojsa Vucic Borka Vucinic Drago Vujovic Nebojsa Vujovic Zoran Vukovic Borislav Deputy Prime Minister Minister without Portfolio, born 16.8.1949 Assistant Federal Minister for Internal Affairs Deputy Federal Minister for Internal Affairs Minister of Agriculture, born 5.7.1942, diplomatic passport number 010551 Minister for Development, Science and Environment Minister of Internal Affairs, born 1938 Head of the International Department in the Federal Ministry for Telecommunications Deputy Minister, Ministry for Telecommunications Deputy Federal Minister for Sport Assistant Federal Minister for Foreign Affairs Minister without Portfolio Minister for Cooperation with International Financial Organisations, born 4.4.1926 diplomatic passport number 017085 Deputy Minister, Ministry of Finance Speaker of the Ministry of Foreign Affairs Minister without Portfolio Minister of Trade (Foreign), born 16.11.1951, diplomatic passport number 016002 Vuksanovic Danilo Deputy Prime Minister Zebic Jovan Zelenovic Jagos Zivanovic Svetlana Zivkovic Milovan Serbian Government Aleksic, Dr Milos Aleksic Snezana Deputy Prime Minister, born 5.5.1939, diplomatic passport number 017838 Former Member Assistant Federal Minister for Domestic Trade Director of the Federal Statistical Office Republic Adviser to the Serbian Government Secretariat General Assistant to the Minister for Foreign Trade L 134/4 EN Official Journal of the European Communities 7.6.2000 Andjelkovic Zoran President of 1.11.1958 the Provisional Executive Council for Kosovo, born Arizanovic Vukoje Assistant to the Minister for Trade Babic Slobodan Babovic Jovan Bacevic Milan Balinovic Zoran Barisic Bosko Bassta Gordana Vice-President, born 24.10.1946 Minister for Agriculture, born 13.10.1946 Deputy Minister for Science and Technology, born 20.2.1953 Deputy Minister for Justice Member of Vojvodina Executive Council Deputy Minister for Health Begenisic Radomir Assistant to the Minister for Culture Bojkovic Jovan Borotic Djordje Budakov Pavle Blazic Branislav Bojic Milovan Cerovic Slobodan Cosic Milivoje Cosic Zivota Curcic Nikola Assistant to the Minister for Family Care Assistant to the Minister for Tourism Vice-President of the Vojvodina Executive Council, born 9.7.1945, diplomatic passport number 018250 Minister of Environment Deputy Prime Minister, born 13.5.1955, diplomatic passport number 015896 Minister of Tourism, born 30.3.1955, diplomatic passport number 019004 Assistant to the Minister for Youth and Sport Minister of Mining Deputy Minister, Ministry of the Interior Damjanovic Jovan Minister without Portfolio Djogo-Antonovic Dusanka Assistant to the Minister for Information Djordjevic Milutin Assistant to the Minister for Science and Technology Djordjevic Vlastimir, Col-Gen Deputy Minister, Ministry of the Interior Djurcic, Gen Nikola Assistant to the Minister of the Interior Djurdjevic Dragan Assistant to the Minister for Transport and Communications Djurekovic Mira Deputy Secretary-General, Serbian Government Secretariat General Dokmanovic Branko Assistant to the Minister for Mining and Energy Drobnjak Bosko Dudas Natalija Dudic Branislav Dzigal Mustafa Elezovic Slobodan Ferencak Miodrag Gajic Momcilo Golic Stojan Member of the Provisional Executive Council for Kosovo Deputy Minister for Culture Deputy Minister for Tourism Assistant to the Minister for Mining and Energy Assistant to the Minister for Connections with Serbs outside Serbia Assistant to the Minister for Construction Chief of Protocol, Serbian Government Secretariat General Deputy Minister of Finance Gavrilovic, Dr Ana Deputy Minister for Family Care Grujic Dobrila Hadzic Miroljub Haliti Bajram Hamidovic Ferid Ilic Miodrag Assistant to the Minister for Family Care Serbian Deputy Minister for Privatisation Member of the Provisional Executive Council for Kosovo Deputy Minister for Environmental Protection Director, Directorate for Prices 7.6.2000 EN Official Journal of the European Communities L 134/5 Ilic, Dr Slobodan Assistant to the Minister for Agriculture, Forestry and Water Supply Ilic Zivka Injac Dragan Assistant to the Minister for Agriculture, Forestry and Water Supply Assistant to the Minister for Agriculture, Forestry and Water Supply Ivkovic Branislav Minister of Science and Technology, born 7.8.1952 Jakovljevic-Kovacevic Nevenka Assistant to the Secretary, Secretariat for Legislation Janjic, Dr Dragan Janjic Jevrem Jankovic Dragoljub Jelicic, Dr Bozidar, Assistant to the Minister for Industry Minister of Secondary School and Higher Education, born 9.10.1949 Minister of Justice Assistant to the Minister for Education Jezdimirovic Milenka Assistant to the Minister of Finance Jokic Mihailo Jovanovic Blagomir Jovanovic Dragan Jovanovic Ljubomir Jovanovic Miroslav Jovanovic Toplica Jovanovic Velimir Jovanovic Zlatan Karic Bogoljub Karlicic Miljkan Kljajic Njegovan Knejevic Zoran Deputy Minister for Education Assistant to the Minister for Industry Deputy Minister for Industry Assistant to the Minister for Tourism Assistant to the Minister for Agriculture, Forestry and Water Supply “Republic Adviser” to the Serbian Government Secretariat General Assistant to the Minister of Finance Deputy Minister for Mining and Energy Minister without Portfolio Assistant to the Minister for Information Secretary, Secretariat for Legislation General Secretary of the Serbian Government Knezevic Zivka-Cica Secretary-General, Serbian Government Secretariat General Kocovic Dragoljub Minister of Youth and Sports, born 20.8.1949 Kojic Zeljko Kolarevic Dragan Kovacevic Dejan Krasic Zoran Krasulja Branislav Krkic Predrag Krystajic Marija Assistant to the Minister for Industry Assistant to the Minister for Culture Minister of Construction, born 7.5.1940 Minister of Trade Assistant to the Minister for the sale of state owned assets Director, Directorate for Roads Deputy Minister for Health Kujundzic Tomislav Assistant to the Minister for Labour, War Veterans and Social Policy Kulic Mirko Lazic Djura Lazic Ljubomir Litricin Milica Assistant to the Minister for the sale of state owned assets Minister without Portfolio Assistant to the Minister of Finance Assistant to the Minister for Education Lukic-Havelka Dusanka Assistant to the Minister for Labour, War Veterans and Social Policy Lukic Svetlana Maljkovic Vjerica Malovic Dragan Marcetic Ratko Marjanovic Mirko Markovic Radomir Markovic Ratko Milacic Borislav Deputy Minister for Culture Deputy Minister for Justice Assistant to the Minister of Finance Minister for Transport and Communications Prime Minister, born 27.7.1937 Deputy Minister, Ministry of the Interior Deputy Prime Minister, born 8.12.1944 Minister for Finance, born 13.5.1953, diplomatic passport number 018485 L 134/6 EN Official Journal of the European Communities 7.6.2000 Miladinovic Manojlo Milenkovic Tomislav Milicevic Leposava Assistant to the Minister for Construction Minister of Labour Minister of Health, born 12.8.1950, diplomatic passport number 015424 Milosavljevic Ljiljana Assistant to the Minister for Labour, War Veterans and Social Policy Milosavljevic Zarko Milutinovic Milan Minjovic Srecko Mircic Miroslav Mirovic Igor Assistant to the Minister for Local Rule President, born 19.12.1942, diplomatic passport number 016749 Assistant to the Minister for Trade Serbs in Diaspora Deputy Minister for Finance, born 12.7.1968 Misic Stojan, Maj-Gen Deputy Minister, Ministry of the Interior Mitic, Dr Ceda Mitrovic Borislav Mitrovic Luka Deputy Minister for Health Secretary-General, President's Secretariat General Minister of Industry Mitrovic Dr Radivoje Deputy Minister for Science and Technology Mladenovic Slavisa Deputy Minister for Youth and Sport Mledenovic Slavoljub Assistant to the Minister for Transport and Communications Momcilov Paja Morina Bratislava Mosurovic Lazar Minister without Portfolio Minister for Refugees, born 4.3.1947 Assistant to the Minister for Transport and Communications Nedeljkovic Miroslav Minister of Family Care Nenadovic Gradimir Assistant to the Secretary, Secretariat for Legislation Nesovanovic Milojko Assistant to the Minister for Mining and Energy Nikodijevic Zorica Nincic Milan Novakovic Bosko Obradovic Zarko Assistant to the Secretary General, Serbian Government Secretariat- General Deputy Minister for Construction Deputy Minister for Labour, War Veterans and Social Policy Deputy Minister for Local Rule Panajotovic, Dr Zoran Assistant to the Minister for Health Paripovic Dusan Pavlovic Miodrag Pavlovic Ratko Pavlovic Slobodan Perosovic Bosko Assistant to the Minister for Justice Assistant to the Minister of Finance Assistant to the Minister for Industry Deputy Minister for Construction Premier of the Vojvodina Government, born 17.11.1956 Plana Basri, Dr (1956) Serbian Deputy Minister for Health Pop Lazic Gordana Popovic Miodrag Prstic Kosta Minister of Local Government Assistant to the Minister for Information Deputy Minister for Mining and Energy Prvulovic, Dr Mladen Assistant to the Minister for Health Racic Radoslav Deputy Minister for Religion Radosavljevic Zivojin Assistant to the Minister for Transport and Communications Radovanovic Milovan Religion Minister Raicic Mirko Rebic Mihailo Assistant to the Minister for Local Rule Assistant to the Minister for Education Ristivojevic Dragisa Deputy Head of Public Security Department Sabovic Gulbehar Sarac Miroslav Member of the Provisional Executive Council for Kosovo Assistant to the Minister for Mining and Energy 7.6.2000 EN Official Journal of the European Communities L 134/7 Sedlak Ivan Seselj Vojislav Simak Jan Simatovic Frenki Simic Zeljko Minister without Portfolio Deputy Prime Minister, born 11.10.1954 Secretary for Information in the Vojvodina Executive Council Chief of Special Forces of State Security Minister of Culture, born 21.5.1958 Simonovic, Milivoje Minister for Education Simonovic Perisa Assistant to the Minister for Health Smiljanic Zivorad, Dr President of Vojvodina Parliament, SPS Stakic, Dr Budimir Assistant to the Minister for Industry Stamenkovic Milan Deputy Minister for Trade Stamenkovic Slobodan Assistant to the Minister for Transport and Communications Stepic Zivojin Stevanovic Obrad Stevanovic Zoran Stojiljkovic Vlajko Studen Stanko, Dr Subotic Zoran Assistant to the Minister for Industry Deputy Minister, Ministry of the Interior Assistant to the Minister for Justice Minister of the Interior Deputy Minister for Agriculture Deputy Minister for Labour, War Veterans and Social Policy Tabakovic Jorgovanka Minister of Privatisation Tanaskovic Svetomir Deputy Minister for Agriculture, Forestry and Water Supply Tapuskovic Vasilije Assistant to the Minister for Culture Todorovic Danica Todorovic Dragan Todorovic Jovo Tomic Dragan Assistant to the Minister for Labour, War Veterans and Social Policy Minister of Transport/Communications, born 25.1.1953 Minister of Education Speaker of the Serbian Parliament and Director of JUGOPETROL, born 1936 Tomic Dragan Deputy Prime Minister, born 5.10.1937 Tomovic Slobodan Minister without Portfolio Tubic Zoran Vajt Ibro Vandic Dragan Vasic Nikola Chief of Cabinet, Serbian Government Secretariat General Member of the Provisional Executive Council for Kosovo Assistant to the Minister for Agriculture, Forestry and Water Supply Assistant to the Minister for Trade Vasiljevic Cedomir Minister without Portfolio, born 6.3.1947 Veljko Odalovic Veselinovic Milan Visekruna Danko Visic Radmila Vlajkovic Slavoljub Vucic Aleksandar Deputy Head of the Kosovo Okrug Deputy Minister for Education, born 24.12.1956 Deputy Minister for Transport and Communications Deputy Minister of Information Assistant to the Minister for Construction Minister for Information Vucurovic Bozidar Minister without Portfolio Vukadinovic Dragica Deputy Minister for Family Care Zdravkovic Stojan Assistant to the Minister of Finance Zekic Ljiljana Assistant to the Minister for the sale of state owned assets Zekovic Petar, Maj-Gen Deputy Minister, Ministry of the Interior L 134/8 EN Official Journal of the European Communities 7.6.2000 Military Antanasijevic, Maj Commander 57 Battle Group Battalion 3 Army Antonic, Col D Commander 52 Pristina Corps 3 Army Arsenovic Konstantin, Lt-Col-Gen General Staff (VJ), Chief of Logistics Brakovic, Col Zarko 124th intervention police brigade Cirkovic Mladen, Col Commander 15 Armed Brigade 3 Army Cvetic Lubinko Davidovic Grujica Delic Bozidar Deputy Head of Security in Kosovo Commander of Vzice Army Corps General Commander Belgrade Corps, 1st Army Dimcevski Dragutin, Maj Officer 3 Army Djakovic Milan, Col Officer 3 Army, born 5.10.1937, diplomatic passport number 014394 Djakovic Milorad, Col 52 Pristina Corps 3 Army Djokic Dejan, Cap Officer 3 Army Djosan, Col Djudic, Col Commander 52 Light Air Defence Brigade 3 Army Commander 354 Infantry Brigade 3 Army Djurkovic Ljubinko Lt Col Officer, 3 Army Farkas Geza, Lt Col Gen Chief of Intelligence & Security Directorate, General Staff Filic Bozidar, Lt Col MUP Speaker on Kosovo Issues Gajic, Col Gajic David Gracanin Chief of Strategic Intelligence and Security Directorate, General Staff Head of Security in Kosovo Reserve Army General Petar Gregar Mihajlo, Col Officer 3 Army Grjkovic Milos, Maj Gen President of the Military High Court Grujic, Captain Radomir (Pavle) Commander, War Navy Fleet Gusic Miroljub Jelic Kisman, Col Judge at 3 Army Military Court Commander 243 Mechanised Brigade 3 Army Jovic Radomir, Maj Commander 55 Battle Group Battalion 3 Army Krga Branko, Maj Gen. Head of Second Department (Intelligence), General Staff Krstic Ninoslav (Vladeta) Head, VJ Inspection Lazarevic Vladimir Commander VJ Third Army Loncar Dusan, Maj Gen President of FRY Commission for Relations with OSCE Lukic, Col Manic, Col Commander 72 Special Forces Brigade Chief of Staff 125 Motorised Brigade 3 Army Marjanovic Radomir, Col Gen Deputy Chief at General Staff Mihaijlovic Bratislav, Cap Officer 3 Army Miladinovic Radenko Judge at 3 Army Military Court Milojevic Vukatin, Col Judge at 3 Army Military Court Milosavljevic Milivoje, Cap I Class Local Commander Prizren Novakovic Milivoje, Col Head of Information Department, General Staff Obradovic Milorad, Lt Col Gen Commander 2 Army 7.6.2000 EN Official Journal of the European Communities L 134/9 Obrencevic, Maj Gen Chief of Military Prosecution Orovic, Col Borivoje Deputy Commander, Uzice Corps Panic Dragoljub, Maj Gen Acting Chief of General Staff for Ground Forces, General Staff Pavkovic Nebojsa, VJ Chief of General Staff Pelevic Perazic Reserve Major General Milorad Reserve Major General Gavrilo Pilcevic, Col Bozimir Chief, Uzice Corps Radevic Reserve Major General Petar Radjenovic Stevan, Cap Head of Police at Lipljane Radojko, Col Head of State Security in Pristina Radosavljevic Stanimir, Col Military Prosecutor, Nis Rakocevic Aleksandar, Gen Head of Information Service of VJ Ristic Miroljub MUP Kosovska Mitrovica Samardzic Dusan, Col Gen Chief of Military Readiness Inspectorate, General Staff Savovic Milorad, Lt Col President of 2 Army Military Court Silanovic Reserve Major General Cedomir Simic Milen, Maj Gen Head of Administration of Yugoslav Army's General Staff for Informa- tion and Morale Simic Midrag Assistant Chief of Operational Staff Duties, VJ Chief of Staff Slivcanin Dusko, Cap I Class Officer 3 Army Smiljanic Spasoje, Lt Col Gen. Commander Air and Air Defense Forces Sorak Goran, Maj Commander 53 Battle Group Battalion 3 Army Stankovic Ivica, Cap I Class Officer 3 Army Stefanovic, Col Commander 52 Artillery Brigade 3 Army Stojanovic Momir, Lt Col Stefanovic Local Commander Gnjilane Stojimirovic, Ljubisa Assistant Chief of Land Forces, VJ Chief of Staff Stojinovic Ljubisa, Maj Gen Commander Special Unit Corps Susic Slavoljub, Col Gen Head of the Military Department at Presidential Office Todorov, Lt Col Todorovic Tomic, Lt Col Commander 63 Parachute Brigade Reserve Major General Bosko Commander 211 Armed Brigade 3 Army Trajkovic Sinisa, Col Chief of Staff 15 Armed Brigade 3 Army Trajkovic, Col Gen. Srboljub 1st Army Commander Trkulja, Col Vilic Vojinovic, Maj-Gen Dragan (Milutin) Commander Special Unit Corps Reserve Major General Dusan Commander, 1st Army Kragujevac Corps Vucinic Reserve Major General Milan Zdravkovic Srba, Col Commander 243 Motorised Brigade 3 Army Zec Milan, Vice Adm Commander Navy Zirojevic Zeljko, Cap. I Class Press Officer, Pristina Corps, 3 Army Zivanovic, Col Dragan 125th Motorised Brigade Zivanovic Radojko, Col Commander 125 Motorised Brigade 3 Army L 134/10 EN Official Journal of the European Communities 7.6.2000 Police/Security Forces Djuric Branko, Maj Gen Joksic Ljuba Mangotic Zoran Mijanovic Zdravko Radonjic Milan Stojakovic Vojislav Susic Jovan Trajkovic Bozidar Vasiljkovic Dragan (“Captain Dragan”) Zivanovic Slobodan Head of Department of State Security (RDB) Chief of the RDB 10th directorate's 2nd division VJ 7th Police battalion deputy Head of State Security service, Belgrade General Manager, Serbian tax/financial police VJ 7th Police battalion Head, RDB Coordination Centre, Nis Mercenary, SRS military wing, born 12.12.1954 Head of Belgrade Police Department Members of the Judiciary City Aleksic Snezana Andjic Magdalena Aresina Milena Bakovic Slavica Benic Dragana Bjelobaba Radovan Blagojevic Zoran Botic Pancic Olga Bozic Goran Dabetic Trogrlic Vesna Djordjevic Mirko Djukic Mitrovic Ljiljana Dobrijevic Jadranka Filipovic Lidija Glavonjic Dragan Golubicic Marina Gudalovic Bojana Gudovic Branislav Jovanovic Svetlana Kajganic Slavica Kantar Dragan Komadinic Maja Koricanac Stanica Kozarski Kamenko Krstic Nevenka Krstic Srejic Leposava Lazic Rodoljub Micic Emilija Mihailovic Polovina Gordana Mijalkovic Biljana Milic Sladjana Miljkovic Jasna Milovanovic Ana Milutinovic Andrija Mirkovic Snezana Belgrade Belgrade Belgrade Belgrade Belgrade Nis Belgrade Belgrade Belgrade Belgrade Belgrade Belgrade Belgrade Belgrade Belgrade Belgrade Belgrade Belgrade Belgrade Belgrade Belgrade Belgrade Belgrade Belgrade Belgrade Belgrade Belgrade Belgrade Belgrade Belgrade Belgrade Belgrade Belgrade 7.6.2000 EN Official Journal of the European Communities L 134/11 Murganic Gordana Nikolic Kujovic Vera Obradovic Vukoman Pandurov Nada Pesic Milena Petricevic Nikola Petrovic Borislav Planojevic Svetlana Popovski Nevenka Prokic Zorica Radovanovic Slobodan Rakovic Vera Sakic Vladimir Spasojevic Mirjana Stanisavljevic Ljiljana Stankovic Bratislava Stankovic Dragan Stijacic Petrovic Stojanka Tatalovic Kornelija Tirnanic Slobodan Todorovic Dragislav Trajkovic Goran Ucajev Jasna Uglesic Miladin Vujic Djordje Zec Snezana Zunjic Milomir Belgrade Belgrade Belgrade Kikinda Belgrade Belgrade Belgrade Belgrade Belgrade Belgrade Belgrade Sombor Belgrade Belgrade Belgrade Leskovac Belgrade Belgrade Belgrade Nis Vranje Belgrade Belgrade Belgrade Belgrade Persons close to the regime whose activities support President Milosevic Acimovic Slobodan Adzemovic Mersud Aksentijevic Sinisa Albunovic Veljko Head of Beogradska Bank, Cyprus Secretary of JUL Directorate SRS Deputy in Serbian Parliament, Editor-in-Chief of Velika Srbija General Manager of Pozarevacka Banka AD Andjelkovic Stanislav Mayor of Suva Reka Andric Milanka Antic Dragan Antic Oliver Director-General of Cacanska Banka AD General Director “Politika A.D.” Dean, Belgrade Law School, born 16.6.1950 Arandjelovic Zoran Dunavski Industries, Nis Atanaskovic Branislav (1944) General Director, Beko Atanaskovic Mihajlo SPS regional head, Paracin, Member of SPS main committee Avramov Mita Babic Blazo SRS Deputy in the Serbian Parliament Director of Prokupac Company Belgrade Babic Momcilo (1952) Director, KDC, Bezanijska Kosa, born 20.1.1952 Babic Zoran JUL Directorate Secretary L 134/12 EN Official Journal of the European Communities 7.6.2000 Bacanin Ljubisav Bakovic Tatomir Baltovski Mira Barac Milun Bjelic Novak (1939) General Manager of Centrobanka AD SRS Deputy in the Serbian Parliament General Manager for International Operations of Beogradska Banka SRS Deputy in the Serbian Parliament Director, Trepca Kombinata, born 14.9.1939, diplomatic passport number 017839 Blazic Milovan SRS Deputy in the Serbian Parliament Bogdanovic Aleksandar Director of “Metropol” Press Centre Bojic Milivoje Executive Director for Legal Affairs of Beogradska Banka Bosiljkov Slobodan Director of Pancevo refinery Bozalo Dragan Bozanic Dragan Bozic Ljubinko Bozinovic Slavisa Bozovic Radoman SRS Deputy in the Serbian Parliament Member of JUL Directorate Mayor of Lipljane SRS regional head, Majdanpek, Member of SPS main committee President of GENEX, born 10.1.1953, diplomatic passport number 015286 Brujic Milan Assistant Director-General of PTT Traffic of Serbia, born 1.6.1949 Budcanovcanin Sinisa SRS Deputy in the Serbian Parliament Budimir Milana, Dr SRS Deputy in the Serbian Parliament Budimirovic Dobrivoje President of “Srbijasuma” Budisin Radmila Cekovic Jovan General Manager in the Legal department of Beogradska Banka Director of Jugoimport, SPDR official, born 11.9.1946, diplomatic passport number 018166 Celic Dragan (1955) SPS main committee member Cicak Zoran Ciric Miladin Ciric Slobodanka Cizmic Dragan Colic Dragan Colic Momcilo Special Adviser to the President of Beogradska Bank Director General, Krusik defence factory, Valjevo Head of Pirot SPS Peri Trading, Cyprus SRS Deputy in the Serbian Parliament SRS Deputy in the Serbian Parliament Corovic Enes (1957) Director, Raska Cukic Dusan (1937) Acting Director and editor-in-chief of Vecernje Novosti Cvetanovic Ninoslav (1940) General Director, Rudarsko Cvetkovic Aleksandar, Dr Mayor of Doljevac, Member of SPS main committee Cvetkovic Radmila Secretary of the Serbian Red Cross, Member of SPS main committee Cvetkovic Srboljub (1950) Director, Machine Maintenance Cvetkovic Zivota Dabisljevic Sveta Dacic Ivica Mayor of Aleksandrovac, SPS Mayor of Klina Head of SPS Belgrade, born 1.1.1966, diplomatic passport number 015777 Daja Jovan SRS Deputy in the Serbian Parliament Damjanovic Jevrem Editor in Chief “Illustrovana Politika” Danilovic Blagoje Judge at Serbian High Court Deljanin Novica (1950) Branch Director, Yugobanka Krusevac SPS regional head Dimitrijevic Kosta Disic Miograd Editor of Velika Srbija SRS Deputy in the Serbian Parliament 7.6.2000 EN Official Journal of the European Communities L 134/13 Djakovic Milan Djedovic Gavrilo Djokovic Milan Djokovic Vidan Djolic Gvozdan Djonovic Ivko Director of NIS Jugopetrol, born 5.10.1937, diplomatic passport number 014394 Director-General (NBY), born 6.3.1941, diplomatic passport number 016326 for Foreign Affairs, National Bank of Yugoslavia Chair of the Democratic Patriotic Movement of Kragujevac and Suma- dija Director-General of IMT Engine and Tractor Plant New Belgrade Local SPS Head, Aleksandrovac General Director of “Takovo” Djordjevic Aleksandar SRS Deputy in the Serbian Parliament Djordjevic Dusan Djordjevic Ljubisa Djordjevic Miroslav Djordjevic Nenad Djordjevic Nemanja Djordjevic Radoslav Djordjevic Zivorad Acting Director of Tanjug News Agency Director Commercial Bank Director-General of Trstenicka Banka AD Vice President of JUL Marketing Director of “Rapid B-92” General Manager of Smederevska Banka JUL, Editor in Chief of Daily “Borba” Djordjevic Zoran, Dr Member of JUL Directorate Djuka Dzafer Member of JUL Directorate Djukic Dragomir (1955) Assistant General Director, PTT Serbia Djuric Milotin (1954) Director, Radio Sumadija Djurdjevic Radomir Djurkovic Milivoje Djurovic Ivan Djurovic Milovan Djurovic Momcilo Djurovic Vera Dobric Aleksander Doknic Slobodan Dragas Branko Dragisic Stevo Dramlic Miroslav Drazilovic Zoran SRS Deputy in the Serbian Parliament Mayor of Decani Director for International Relations of Telecom Srbija Member of JUL Directorate Director of Matros Cellulose Factory Member of JUL Directorate Beogradska Bank Official Mayor of Vucitrn Chief Executive Beogradska Bank SRS SRS Deputy in the Serbian Parliament SRS Deputy in the Serbian Parliament, born 19.5.1947 Dugalic Slobodan (1948) General Director, Elektroprivreda Dujovic Milos Dukic Milorad General Manager of Raj Banka AD SRS Deputy in the Serbian Parliament Dumbelovic Cedo SRS Deputy in the Serbian Parliament Dzamic Rodoljub (1951) Director, Beli Izmor Fodor Oskar Gajevic Gorica Galovic Predrag Member of SPS Executive Council SPS, Secretary-General General Manager of Jugobanka AD Gasi Camil (1958) Assistant Director, Juko Drenica Gavrilovic Lejla Gezovic Mirko National Bank of Yugoslavia division head, born 18.3.1948 Senior Vice-President of JAT, born 19.9.1940 Golovic-Miljanovic Jovanka Member of JUL Directorate Golubovic Dragan Govedarica Balsa Grbic Nenad SRS Deputy in the Serbian Parliament President of the Serbian High Court Co-owner of Blik-Hem Company, born 27.3.1959 L 134/14 EN Official Journal of the European Communities 7.6.2000 Grubetic Ivan Guzina Vojislav SRS Deputy in the Serbian Parliament Executive Director of Beogradska Banka Hadziantic (Antic) Dragan General Director “Politka A.D.” Hadzic Dragomir President, management board of “Srpska Fabrika Stakla”, Paracin Hinic Slavko Ilic Dragan Ilkic Ljubomir SRS Deputy in the Serbian Parliament Member of JUL Directorate SRS regional head, Vrsac, Member of SPS main committee Ivancevic Sladjana Director of Marketing at PGP RTS Ivic Zivorad Ivkovic Dragica Jablanovic Dragan Jakovlevic Dusica Jaksic Milorad Janackovic Zoran Jancic Momcilo Janjic Stanisa Jankovic Tomislav SPS Vice-President Director General, “LIGAS” DP, Pozarevac Mayor of Leposavic Director of Credit Lines Beogradska Bank Former Director of “PTT Srbije”, born 22.6.1949, diplomatic passport number 016023 FRY Ambassador to FYROM General Manager of Postanska Stedionica Director of Jumko Holding, Member of SPS main committee, born 10.3.1948 Head of the Republican Institute for Social Security Funds, Director of Institute TORLAK, member of several boards incl. Galenika, Komerci- jalna Banka and Beogradska Banka Jeftic Dragan Peri Trading, Cyprus Jevremovic Miodrag, Dr SPS head Stari Grad/Belgrade, Member of SPS main committee Jocic Goran Jocic Milos Jocic Ranko Jocic Vladislav Jokic Aleksa Josic Milan Jovanovic Biserka Jovanovic Djuko SRS Deputy in the Serbian Parliament SRS Deputy in the Serbian Parliament Director-General of Progress, Member of SPS main committee General Manager of Sabacka Banka AD Director-General of PTT Traffic of Serbia General Manager of Loznicka Banka AD Chief of Staff of JUL Directorate Representative of the Serbian National Party Jovanovic Dobrosav (1938) SPS main committee member Jovanovic Ivana Jovanovic Natasa Jovanovic Zivotije Jovanovic Zoran Jovic Nadezda Director of JUL Press centre SRS, Regional Head, Sumadija Head of JUL Section Jagodino Owner of Lebanese-based Serbian firms Nana Sal and Menta Sal General Manager of Prokupacka Banka AD Jovic Ranko (1947) General Director, Progres Kalezic Miomir Kalicanin Selimir Karaklajic Rados Karic Bogoljub Karic Dragomir Karic Goran Karic Milanka Karic Sreten Karic Zoran Commercial Director, Yugoimport-SDPR Head of SPS Section Kosovska Mitrovica SPS Head Rakovica, Member of SPS main committee Member of Karic family (bankers etc.) Director of Mobtel Sale Marketing Businesswoman, wife of Bogoljub Karic Member of Karic family (bankers etc.) Member of Karic family (bankers etc.) Karlicic Miljkan (1968) Assistant Serbian Minister of Information 7.6.2000 EN Official Journal of the European Communities L 134/15 Kasas Karolj (1956) SPS Executive Committee member Kilibarda Nenad Director-General of Jugomarka Kiss Joszef Kertes Mihalj Klipa Dusan Manager of Zorka Holding Director, Federal Customs Director General, “ZORKA”, Sabac, born 9.4.1943, Sabac Knezevic Branislav Director-General of Vranjska Banka AD Knezevic Dragan Knezevic Zoran Co-owner of Blik-Hem Company, born 26.5.1958 SPS regional head Vranje, Member of SPS main committee, born 13.2.1948 Kolev Dragan SPS regional head Dimitrovgrad, Member of SPS main committee Komrakov Milorad (1950) Editor-in-Chief, Information Programming RTS Koprivica Miograd Kosovac Mihajlo Kostic Dragan, Dr Member of JUL Directorate Director General, Magnochrom, Kraljevo Member of JUL Directorate Kostic Petar (1938) Assistant General Director, EPS Kostic Veroljub Kovacevic Bojana Kremic Dragoljub General Manager TK Banka AD TREF company Peri Trading, Moscow Krivokapic Milovan (1942) SPS main committee member Krsmanovic Dragisa State Prosecutor of Serbia Krsmanovic Ratko Member of JUL Directorate Krstin Milorad Kurtesanin Sima Labalo Zora SRS Deputy in the Serbian Parliament SRS Deputy in the Serbian Parliament Executive Director of Beogradska Banka Lackovic Stanislav Senior Vice-President of JAT Lakicevic Dragan (1952) General Director, Mackatica Lazarevic Ivan Lekic Zivadin Lenard Tatjana Beogradska Bank Official SRS Deputy in the Serbian Parliament Member of JUL Directorate, Head of RTS information programme Levic Milutin (1947) General Director, Trajal Corporation Krusevac Lijesevic Dragan Lincevski Vladimir Ljubenovic Vojislav Ljubicic Vladimir Ljubojevic Dragan Ljujic Radomir Maksic Predrag Maljkovic Marko Maljkovic Nebojsa Marinkovic Milan Marinkovic Milan Marjanski Lazar Foreign Exchange, NBY, born 19.5.1952, diplomatic passport number 019022 Beogradska Bank Official Mayor of Vlasotince, Member of SPS main committee General Director “Geneks Hotels” SRS Deputy in the Serbian Parliament General Director of “Sloboda”, Cacak General Manager of Komercialna Banka Sirmium AD Director of Srbija-Promet, Member of SPS main committee JUL Directorate and President of Member of Company and President of Banking, born 4.9.1954, diplomatic passport number 019044 Insurance the JUL Committee for Finance and “Dunav” Director of AY Bank SPS regional head Zlatibor, Member of SPS main committee SRS Deputy in the Serbian Parliament Markicevic Branislav Owner of TiM Trade Markovic Dragomir SRS Deputy in the Serbian Parliament L 134/16 EN Official Journal of the European Communities 7.6.2000 Markovic Momir Editor of Velika Srbija Markovic Vladimir Managing Director of Merima Markovic Zoran Martic Djordje Martinov Suzana Marusic Drazimir Matic Olivera Matkovic Dusan Executive Director of Beogradska Bank Editor in Chief, Politika Express Beogradska Bank Official Mayor of Gornji Milanovac, Member of SPS main committee Former Beogradska Bank Official Director of Smederevo Iron Works, SPS Vice-President, born 10.4.1956, diplomatic passport number 018700 Mihajlovic Ljubomir Executive Officer Commercial Bank Mihajlovic Milivoje Mayor of Krusevac, SPS Mihajlovic Radoslav Manager at “EPS” Mihajlovic Zivota Director of AY Bank Mihaljevic Nena Milekovic Dejan Director of “Pekabeta” Editor in Chief “TV BK Telekom” Miladinovic Biljana Assistant of the Mayor of Pozarevac, Member of SPS main committee Milanovic Bradislav President of Gosa Holding, Member of SPS main committee Milanovic Dragoljub Director-General of RTS, Member of SPS main committee Milenkovic Milisav SPS regional head Pozarevac, member of SPS main committee, born 6.3.1939, diplomatic passport number 016322 Miletic Milivoje (1951) Deputy, Serbian Assembly Miljevic Mihailo Milojevic Mihajlo Milosavljevic Milos born 21.2.1934, diplomatic passport number 015151 President, FRY Chamber of Commerce Director of AY Bank, born 2.10.1932, diplomatic passport number 015861 Milosavljevic Slobodan Director of Telecom Srbija Milosevic Zoran Milosevic Zoran Mayor of Obilic SRS Deputy in the Serbian Parliament Milovanovic Dragoljub-Minja Member of SPS Executive Council Milovanovic Dragutin (1957) Director, Kosovo Development Fund Milovanovic Pera Milunovic Dragan Minic Vasilje Mircic Milorad Mitic Boban Mitrovic Biserka Mitrovic Goran Director, Masinska Industrija SRS Deputy in the Serbian Parliament SRS Deputy in the Serbian Parliament SRS Deputy in the Serbian Parliament Editor of RTS centre and Pi Kanal General Manager of Jugobanka AD Uzice Editor in Chief, Lid (Kragujevac) Mitrovic Nikola, Dr. Member of JUL Directorate Mitrovic Zeljko Owner of “TV Pink” Mladenovic Slavisa SRS Deputy in the Serbian Parliament Mladenovic Vladimir Assistant Director-General of PTT Traffic of Serbia Modrinic Zoran Member of JUL Directorate 7.6.2000 EN Official Journal of the European Communities L 134/17 Mrkonjic Milutin Nesic Nenad Neskovic Milan Director of “CIP” and Director of the Agency for Reconstruction in Belgrade Director, Serbian pension fund Director of Prva Iskra Holding Ltd Neskovic Miroslav SRS Deputy in the Serbian Parliament Neskovic Slavko Nesovic Milos SRS Deputy in the Serbian Parliament Director-General of Telecom Srbija Nikacevic Aleksandar Director of “B92” Nikolic Goran Nikolic Goran Nikolic Predrag Nikolic Srdjan Nojic Vojislav Novakovic Mile Obradovic Milan Obretkovic Misa Panic Miodrag Pankov Radovan Pantic Dragoljub Pantovic Danilo Head of Nis Customs House Peri Trading, Cyprus Director of BK IIS Assistant Director-General of EPS, Member of SPS main committee Mayor of Kosovska Mitrovica Director-General of NITEKS, Member of SPS main committee Director-General of Kolubara, Member of SPS main committee SRS Deputy in the Serbian Parliament SRS Deputy in the Serbian Parliament Member of SPS Executive Council SRS Deputy in the Serbian Parliament Secretary of JUL Directorate Papovic Radoslav (1950) SPS main committee member Paunovic Radisav Pavlovic Andrija General Manager of Izvozna Banka AD Director-General of Uzicka Banka AD Pavlovic Dragomir SRS Deputy in the Serbian Parliament Pejcic Dusan Pelevic Borislav Penezic Branislav Penezic Tomislav Percevic Goran Peric Bogdan Perucic Zlatan Perucic Zlatan Mayor of Zajecar, Member of SPS main committee President, Presidency of Party of Serbian Unity, born 8.9.1965 General Manager of Dunav Banka AD SRS Deputy in the Serbian Parliament Member of SPS Executive Council Mayor of Gnjilane President Beogradska Banka Member of EPS Management, born 8.5.1947, diplomatic passport number 015320 Peselj Ljubomir (1963) Director, Karneks Kombinata Petkovic Jovan (1946) General Director, Zdravlja Petric Radojko (1940) Beogradska Bank Official Petrovic Bozidar (1944) Director of Development, Tigra Petrovic Radoje General Manager of International Payments of Beogradska Banka Pluazrevic Vitomir SRS Deputy in the Serbian Parliament Popov Miodrag Popovic Gordana Popovic Jovo General Manager of Servo Mihajl Banka AD Beogradska Bank Official Head of District Pec L 134/18 EN Official Journal of the European Communities 7.6.2000 Popovic Nikola (1944) General Director, Mitros Popovic Rajko Popovic Severin Popovic Tomislav Puric Jagos Radenkovic Dejan Radevic Milorad Editor-in-Chief of RTS Komuna, Plaintiff against Kikindske Novine on 15 September 1999 Editor of Velika Srbija General Manager of Vrsacka Banka AD Belgrade University Rector, JUL Member Member of SPS Executive Council Head of the Patriotic Federation Belgrade, Head of Serbian Archive, plaintiff on 23 October 1998 Radovancev Zivanko SPS Regional Head Zrenjanin, Member of SPS main committee Radovanovic Dusan SPS Regional Head, Nis Radovanovic Milovan SRS Deputy in the Serbian Parliament Radovanovic Slobodan Director of Telecom Srbija Rahman Pavle Raicevic Tomica General Manager for Funds and Liquidity of Beogradska Banka Member of SPS Executive Council, born 18.10.1943, diplomatic passport number 017634 Raicevic Aleksandar Member of SPS Executive Council Rajicic Vojislav Raketic Srdjan Managing Director of Milan Blagojevic Hemija D.P. Director-General of Privredna Banka Pancevo AD Randjelovic, Dr Viden President of Cooperative Council of Serbia, Belgrade, born 25.6.1936 Ristic Ljubisa Ristic Milorad Rodic Milan President of JUL, born 8.2.1947, diplomatic passport number 018934 Director-General of Niska Banka AD Member of JUL directorate, born 11.12.1948, diplomatic passport number 015395 Roza-Despotovic Gordana Member of SPS Executive Council Rugova Hajrije Ruzic Veljka Member of SPS Executive Council SRS Deputy in Federal Parliament Sarenac Slobodan INEX, born 6.12.1946, Sarajevo Savin Zoran SRS Deputy in the Serbian Parliament Segrt Dmitar (1953) Director, Toza Markovic Sekulic Radoslav Businessman Sekulic Zarko Seselj Jadranka Simanovic Vojislav Simic Dusan Simic Sima Sladojevic Radomir Smikic Milan Smiljkovic Srdjan Sokolovacki Zivko Stambuk Vladimir Director-General of Agrobanka AD Editor of Velika Srbija General Manager, PKB, President of the JUL Committee for Agricul- ture, born 23.9.1953 Mayor of Pristina Mayor of Srbica Director-General for Chemical Industry Prahovo, Member of SPS main committee Senior Vice-President of JAT Secretary of JUL Directorate Member of JUL Directorate Member of JUL Directorate Stamenkovic Dragoljub SRS Deputy in the Serbian Parliament Stamenkovic Sladjana member of JUL Directorate 7.6.2000 EN Official Journal of the European Communities L 134/19 Stanic Nikola Vice-Governor of NBY Stanisavljevic Zivorad Director of RTB Majdanpek Stankovic Srboljub Member of JUL Directorate, Director of NIS Naftagas Stanojevic Momcilo Mayor of Djakovica Stefanovic Zivojin Stepanovic Milorad Stevovic Vesna Head of Jablanica Opstina and Chair of the Leskovac SPS Committee Mayor of Loznica, Member of SPS main committee Beogradska Bank Official Stojanovic Milorad SPS regional head Bojnik, Member of SPS main committee Stojanovic Relja Stojkovic Ivko Stojkovic Liljana Stojkovic Velibor General Manager: Stocar Banka AD Cacak General Manager of Vazljevska Banka AD General Manager of Ingprom Banka AD SRS Deputy in the Serbian Parliament Stojiljkovic Mihajlo Head of Srbijasume Export Department Stojimirovic Ljubisa SRS Deputy in the Serbian Parliament Stojmenovic Jovica SRS Deputy in the Serbian Parliament Suvakovic Uros (1970) SPS Executive Committee Member Sveljo Miroslav Tasin Stojan Terzic Radoslav Tiosavic Zivorad General Manager of Somborska Banka AD Assistant Director-General of Yugoslav PTT SPS Regional Head Bor, Member of SPS main committee SRS Deputy in the Serbian Parliament Todorovic Tihomir Director of “C-Market” Todosic Tamara Tokovic Branko Tomasevic Ljiljana Tomovic Slobodan Tomic Milovan Editor-in-Chief of Radio S Smederevo, Member of SPS main committee Executive Director of Investbanka AD Executive Director of Beogradska Bank SPS Regional Head Kragujevac, Member of SPS main committee Mayor of Podujevo Trajkovic Zdravko Head of District Kosovska Mitrovica Trajlovic Dragan Trbojevic Zarko SPS Regional Head Velika Plana, Member of SPS main committee First Vice-Governor of NBY, born 19.9.1937, diplomatic passport number 018274 Trboljevac Milan (1959) Director, Hrast Tresac Slobodan Trickovic Predrag Director of Petrochemija Pancevo General Manager Pirotska Banka AD Trivan Goran (1956) Executive Director, Srbijasumama (“Serbian forests”) Tufegdzic Mirjana Uncanin Rajko Executive Director for Personal of Beogradska Banka General Director, “Grmec” Unkovic Slobodan, Dr FRY Ambassador to China Vakic Branislav Vasiljevic Branko Vasiljevic Miodrag Vecic Igor SRS Deputy in the Serbian Parliament General Manager for Development Operations of Beogradska SRS Deputy in the Serbian Parliament SRS Deputy in the Serbian Parliament Veljkovic Miroljub SRS Deputy in the Serbian Parliament Velkovic Vojin SRS Deputy in the Serbian Parliament Veselic Jela (1956) Vice-Mayor of Sabac, Federal Deputy L 134/20 EN Official Journal of the European Communities 7.6.2000 Veselinovic Slavko Vesic Dusan Vitezovic Milovan Vlatkovic Dusan Vucic Miroslav Vucicevic Slobodan Vucurovic Bozidar Vucurovic Ratko Vujanovic Bozidar Vujicic Milan Vujnovic Mihajlo Vujovic Zoran, Dr (1954) Vukorovic Mirko Vukovic Slobodan Vulic Slavoljub Vulin Spasenija (1958) Vunjak Nenad, Dr (1953) Zagradjanin Vladan Zaric Miodrag Zaric Sinisa Zecevic Milija Zecevic Miodrag Zekolic Ratko Zikelic Milan Zivaljevic Zana Zivanic Radevoj Zivanic Radomir Zivanovic Milan Zivkovic Momcilo, Dr. Zivkovic Zivota Zizic, Professor Mileva Zlatic Jovan SPS, Head of Council for information and propaganda on the SPS- Board Deputy Editor-in-Chief of Velika Srbija Editor-in-Chief, RTS Governor of National Bank of Yugoslavia, born 12.2.1938, diplomatic passport number 015909 SRS Deputy in the Serbian Parliament Executive Director of Srbijasume SRS Deputy in the Serbian Parliament Director General of the holding company “Industrija Kablova”, Jago- dina SRS Deputy in the Serbian Parliament Senior Vice-President of JAT Chief Executive Officer of JAT SPS Executive Committee member Owner of Nivada watch company General Manager of Prva Preduzetnicka Banka AD, born 2.1.1940, diplomatic passport number 014298 SPS regional head Despotovac, Member of SPS main committee Buducnost Director, Vojvodina Bank Main Branch President of the Youth Council of Belgrade Representative of Hollywell-Neoprem healthcare company Director, World Trade Centre in Belgrade Banker Direktor of JUBMES bank Head of Toplika Opstina Deputy President of JAT Editor of Velika Srbija Businessman Owner of Verano Motors General Director of “GSB” Director-General, Duty Free Zone, Belgrade Member of SPS Executive Council Institute of Statistics Member of main SPS committee, Nis.’ This Decision shall take effect on the date of its adoption. Article 2 This Decision shall be published in the Official Journal. Article 3 Done at Luxembourg, 5 June 2000. For the Council The President J. PINA MOURA
http://publications.europa.eu/resource/cellar/cbb0ac97-7c0e-4205-883c-9240cc7d9e22
32000D0396
http://data.europa.eu/eli/dec/2000/396/oj
2000/396/EC, ECSC, Euratom: Council Decision of 5 June 2000 adopting the Council's Rules of Procedure
2000-06-05
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23.6.2000 EN Official Journal of the European Communities L 149/21 II (Acts whose publication is not obligatory) COUNCIL COUNCIL DECISION of 5 June 2000 adopting the Council's Rules of Procedure (2000/396/EC, ECSC, Euratom) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 207(3), first subparagraph, Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 30(3) thereof, Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 121(3) thereof, HAS DECIDED AS FOLLOWS: Sole Article The Rules of Procedure of the Council of 31 May 1999 (1999/385/EC, ECSC, Euratom) (1) shall be replaced by the following, which shall enter into force on 6 June 2000. ‘RULES OF PROCEDURE OF THE COUNCIL Article 1 Notice and venue of meetings The Council shall meet when convened by its President on his own initiative or at the request of one 1. of its members or of the Commission (2). 2. Seven months before the beginning of its term of office, the Presidency shall make known the dates which it envisages for meetings that the Council will have to hold in order to complete its legislative work or take operational decisions. At the latest one week before the beginning of its term of office, the Presidency shall establish a six-month programme in the form of indicative provisional agendas for Council meetings, showing the legislative work and operational decisions envisaged. This programme may, where necessary, provide for extra Council meetings, in addition to those previously planned. If during the Presidency any of the meetings in the six-monthly programme proves to be no longer warranted, the Presidency shall not convene it. (1) OJ L 147, 12.6.1999, p. 13. (2) This paragraph reproduces Article 204 of the EC Treaty. L 149/22 EN Official Journal of the European Communities 23.6.2000 The Council shall have its seat in Brussels. During the months of April, June and October the Council 3. shall hold its meetings in Luxembourg (1). In exceptional circumstances and for duly substantiated reasons, the Council or the Permanent Representa- tives Committee (Coreper), acting unanimously, may decide that a Council meeting will be held elsewhere. Article 2 Configurations of the Council The Council may meet in different configurations according to the subject matter dealt with. The 1. Council, meeting in its General Affairs configuration, shall fix the list of these configurations (2). No Council configuration not included in the list may be convened unless the Council in its General Affairs configuration so decides. The Council in its General Affairs configuration shall be responsible for the overall coordination of 2. preparatory work for European Council meetings. Article 3 (3) Agenda 1. The President shall draw up the provisional agenda for each meeting. The agenda shall be sent to the other members of the Council and to the Commission at least 14 days before the beginning of the meeting. 2. The provisional agenda shall contain the items in respect of which a request for inclusion on the agenda, together with any documents relating thereto, has been received by the General Secretariat from a member of the Council or from the Commission at least 16 days before the beginning of that meeting. The provisional agenda shall also indicate the items on which the Presidency, a member of the Council or the Commission may request a vote. 3. Items relating to the adoption of an act or a common position on a legislative proposal or a proposal for a measure to be adopted under Title VI of the Treaty on European Union shall not be placed on the provisional agenda for a decision until the six-week period provided for in point 3 of the Protocol on the role of national parliaments in the European Union has elapsed. The Council may unanimously derogate from the six-week period where the entry of an item is subject to the exception on grounds of urgency provided for in point 3 of that Protocol. 4. Only items in respect of which the documents have been sent to the members of the Council and to the Commission at the latest by the date on which the provisional agenda is sent may be placed on that agenda. 5. The General Secretariat shall transmit to the members of the Council and to the Commission requests for the inclusion of items in the agenda, documents and indications concerning voting relating thereto in respect of which the time limits specified above were not respected. (1) This paragraph reproduces paragraph (b) of the sole article of the Protocol on the location of the seats of the institutions and of certain bodies and departments of the European Communities and of Europol annexed to the Treaties. (2) See statement (a) set out below. (a) Article 2 “The list of configurations is currently set out in OJ C 174, 23 June 2000, p. 1.” (3) See statements (b) and (c) set out below: (b) Article 3(1) and (2) “The President will endeavour to ensure that, in principle, the provisional agenda for each meeting of the Council dealing with implementation of Title IV of Part Three of the EC Treaty and Title VI of the Treaty on European Union and any documents relating to the items involved reach members of the Council at least 21 days before the beginning of the meeting.” (c) Articles 1 and 3 “Without prejudice to Article 22(2) of the Treaty on European Union, which specifies that an extraordinary Council meeting may be convened at very short notice in cases requiring a rapid decision, the Council is aware of the need for matters relating to the common foreign and security policy to be dealt with swiftly and effici- ently. The arrangements in Article 3 shall not prevent this need from being met.” 23.6.2000 EN Official Journal of the European Communities L 149/23 The agenda shall be adopted by the Council at the beginning of each meeting. The inclusion in the 6. agenda of an item other than those appearing on the provisional agenda shall require unanimity in the Council. Items entered in this way may be put to the vote. If, by the end of the week preceding the week prior to a Council meeting, Coreper has not completed its examination of legislative items within the meaning of Article 7, the Presidency shall, unless considerations of urgency require otherwise and without prejudice to paragraph 2, remove them from the provisional agenda. 7. The provisional agenda shall be divided into Part A and Part B. Items for which approval by the Council is possible without discussion shall be included in Part A, but this does not exclude the possibility of any member of the Council or of the Commission expressing an opinion at the time of the approval of these items and having statements included in the minutes. 8. However, an “A” item shall be withdrawn from the agenda, unless the Council decides otherwise, if a position on an “A” item might lead to further discussion thereof or if a member of the Council or the Commission so requests. Any request for the inclusion of an “other business” item shall, in principle, be accompanied by an 9. explanatory document. Article 4 Representation of a Council member unable to attend Subject to the provisions of Article 11 on the delegation of voting rights, a member of the Council who is prevented from attending a meeting may arrange to be represented. Article 5 Meetings 1. Meetings of the Council shall not be public except in the cases referred to in Article 8. 2. The Commission shall be invited to take part in meetings of the Council. The same applies to the European Central Bank in cases where it exercises its right of initiative. The Council may, however, decide to deliberate without the presence of the Commission or of the European Central Bank. 3. The members of the Council and of the Commission may be accompanied by officials who assist them. The number of such officials may be laid down by the Council. Their names and functions shall be notified in advance to the Secretary-General/High Representative for the Common Foreign and Security Policy (hereinafter referred to as “the Secretary-General”) or the Deputy Secretary-General. 4. Admission to meetings of the Council shall be subject to the production of a pass. Article 6 Professional secrecy and production of documents in legal proceedings 1. Without prejudice to Articles 8 and 9 and to other applicable provisions, the deliberations of the Council shall be covered by the obligation of professional secrecy, except in so far as the Council decides otherwise. 2. The Council or Coreper may authorise the production for use in legal proceedings of a copy of or an extract from Council documents which have not already been released to the public pursuant to these Rules or the Council's rules on public access to its documents. Article 7 Cases where the Council acts in its legislative capacity The Council acts in its legislative capacity within the meaning of the second subparagraph of Article 207(3) of the EC Treaty when it adopts rules which are legally binding in or for the Member States, by means of regulations, directives, framework decisions or decisions, on the basis of the relevant provisions of the Treaties, with the exception of discussions leading to the adoption of internal measures, administrative or budgetary acts, acts concerning interinstitutional or international relations or non-binding acts (such as conclusions, recommendations or resolutions). Where legislative proposals or initiatives are submitted to it the Council shall refrain from adopting acts which are not provided for by the Treaties, such as resolutions or declarations other than those referred to in Article 9. L 149/24 EN Official Journal of the European Communities 23.6.2000 Article 8 Public debates 1. The Council in its General Affairs and Economic and Financial Affairs configurations shall hold a public policy debate every six months on the work programme of the current Presidency and, if appro- priate, on the Commission's annual work programme. On a decision taken by the Council or by Coreper, acting by a qualified majority, the Council shall 2. hold at least one public debate on important new legislative proposals. The Council or Coreper may decide by a qualified majority on a case-by-case basis that other public debates are to be held on important issues affecting the interests of the Union. It shall be for the Presidency, any member of the Council, or the Commission to propose issues or specific subjects for such debates. 3. Public debates shall be the subject of public transmission by audiovisual means. Article 9 Making deliberations public 1. Where the Council acts in its legislative capacity within the meaning of Article 7, the results of votes and explanations of votes by Council members, as well as the statements in the Council minutes and the items in those minutes relating to the adoption of legislative acts, shall be made public. The results of votes and explanations of votes shall also be made public when the Council adopts a common position pursuant to Article 251 or 252 of the EC Treaty. The same rule shall apply for votes and explanations of votes by members of the Council or their representatives on the Conciliation Committee set up by Article 251 of the EC Treaty. 2. The results of votes and explanations of votes shall also be made public when the Council establishes a convention on the basis of Title VI of the Treaty on European Union. The statements entered in the Council minutes and the items in those minutes relating to adoption of such conventions shall be made public by decision of the Council or Coreper, taken at the request of one of their members. 3. The results of votes shall be made public: (a) when the Council acts pursuant to Title V of the Treaty on European Union, by a unanimous Council or Coreper decision taken at the request of one of their members; (b) when the Council adopts a common position within the meaning of Title VI of the Treaty on European Union, by a unanimous Council or Coreper decision taken at the request of one of their members; (c) in other cases, by Council or Coreper decision taken at the request of one of their members. When the result of a vote in the Council is made public in accordance with subparagraphs (a), (b) and (c), the explanations of votes made when the vote was taken shall also be made public at the request of the Council members concerned, with due regard for these Rules of Procedure, legal certainty and the interests of the Council. Statements entered in the Council minutes and items in those minutes relating to the adoption of the acts referred to in subparagraphs (a), (b) and (c) shall be made public by Council or Coreper decision taken at the request of one of their members. 23.6.2000 EN Official Journal of the European Communities L 149/25 Votes shall not be made public in the case of discussions leading to indicative votes or the adoption 4. of preparatory acts. Article 10 Public access to Council documents The detailed arrangements for public access to Council documents shall be adopted by the Council (1). Article 11 Voting arrangements and quorum 1. The Council shall vote on the initiative of its President. The President shall, furthermore, be required to open a voting procedure on the initiative of a member of the Council or of the Commission, provided that a majority of the Council's members so decides. 2. The members of the Council shall vote in the order of the Member States laid down in Article 203 of the EC Treaty and in the corresponding Articles of the other two Community Treaties, beginning with the member who, according to that order, follows the member holding the office of President. 3. Where a vote is taken, any member of the Council may also act on behalf of not more than one other member (2). The presence of a majority of the members of the Council who are, under the Treaties, entitled to 4. vote is required to enable the Council to vote. When the vote is taken, the President, assisted by the General Secretariat, shall check that there is a quorum. Article 12 (3) Written procedure 1. Acts of the Council on an urgent matter may be adopted by a written vote where the Council or Coreper unanimously decides to use that procedure. In special circumstances, the President may also propose the use of that procedure; in such a case, written votes may be used where all members of the Council agree to that procedure. Agreement by the Commission to the use of the written procedure shall be required where the written 2. vote is on a matter which the Commission has brought before the Council. A summary of acts adopted by the written procedure shall be drawn up every month by the General 3. Secretariat. (1) See statement (d) set out below: (d) Article 10 “The detailed arrangements for public access to Council documents are currently laid down in Council Decision 93/731/EC of 20 December 1993 on public access to Council documents (OJ L 340, 31.12.1993, p. 43), as amended by Decision 96/705/EC (OJ L 325, 14.12.1996, p. 19) and by Decision 2000/23/EC of 6 December 1999 on the improvement of information on the Council's legislative activities and the public register of Council documents (OJ L 9, 13.1.2000, p. 22).” (2) This paragraph reproduces Article 206 of the EC Treaty. (3) See statement (e) set out below: (e) Article 12 “The Council agrees to consider the advisability of including in the Rules of Procedure the option of using a simplified written procedure when the Council is acting pursuant to Title VI of the Treaty on European Union.” L 149/26 EN Official Journal of the European Communities 23.6.2000 On the initiative of the Presidency, the Council may also act for the purpose of implementing the 4. common foreign and security policy by means of the simplified written procedure (CORFU). In that case the proposal shall be deemed to be adopted at the end of the period laid down by the Presidency depending on the urgency of the matter, except where a member of the Council objects (1). 5. On the initiative of the Presidency, the Council may also act for the purpose of deciding to consult other institutions or bodies by means of a streamlined written procedure wherever such consultation is required by Community law. In that case the decision to consult shall be deemed to be adopted at the end of the period laid down by the Presidency depending on the urgency of the matter, except where a member of the Council objects (2). 6. The General Secretariat shall establish that the written procedures have been completed. Article 13 Minutes 1. Minutes of each meeting shall be drawn up and, when approved, shall be signed by the President in Office at the time of such approval and by the Secretary-General or the Deputy Secretary-General. The minutes shall as a general rule indicate in respect of each item on the agenda: — the documents submitted to the Council, — the decisions taken or the conclusions reached by the Council, — the statements made by the Council and those whose entry has been requested by a member of the Council or the Commission. The draft minutes shall be drawn up by the General Secretariat within 15 days and submitted to the 2. Council or to Coreper for approval. 3. Prior to such approval any member of the Council, or the Commission, may request that more details be inserted in the minutes regarding any item on the agenda. These requests may be made in Coreper. Article 14 Deliberations and decisions on the basis of documents and drafts drawn up in the languages provided for by the language rules in force 1. Except as otherwise decided unanimously by the Council on grounds of urgency, the Council shall deliberate and take decisions only on the basis of documents and drafts drawn up in the languages specified in the rules in force governing languages. Any member of the Council may oppose discussion if the texts of any proposed amendments are not 2. drawn up in such of the languages referred to in paragraph 1 as he or she may specify. (1) See statement (f) set out below: (f) Article 12(4) “The Council would point out that the COREU network must be used in accordance with the Council conclusions of 12 June 1995 concerning the Council's working methods.” (2) See statement (g) set out below: (g) Article 12(5) “In accordance with the Council's regular practice, the time limit fixed will normally be one week.” 23.6.2000 EN Official Journal of the European Communities L 149/27 Article 15 Signing of acts The text of the acts adopted by the Council and that of the acts adopted jointly by the European Parliament and the Council shall be signed by the President-in-Office at the time of their adoption and by the Secretary-General or the Deputy Secretary-General. The Secretary-General and the Deputy Secretary-General may delegate their signatures to Directors-General of the General Secretariat. Article 16 (1) Absence of the possibility to participate in the vote For the purposes of application of these Rules of Procedure, due account will be taken, in accordance with Annex I, of cases in which, under the Treaties, one or more members of the Council may not participate in the vote. Article 17 Publication of acts in the Official Journal The following shall be published in the Official Journal by the Secretary-General or the Deputy 1. Secretary-General: (a) the acts referred to in Article 254(1) and (2) of the EC Treaty; (b) the acts referred to in the first paragraph of Article 163 of the Euratom Treaty; (c) the common positions adopted by the Council in accordance with the procedures referred to in Articles 251 and 252 of the EC Treaty, and the reasons underlying those common positions; (d) the framework decisions and decisions referred to in Article 34(2) of the Treaty on European Union; (e) the conventions established by the Council in accordance with Article 34(2) of the Treaty on European Union. Reference shall be made in the Official Journal to the entry into force of such conventions; (f) the conventions signed between Member States on the basis of Article 293 of the EC Treaty. Reference shall be made in the Official Journal to the entry into force of such conventions; (g) international agreements concluded by the Community or in accordance with Article 24 of the Treaty on European Union. Reference shall be made in the Official Journal to the entry into force of such agreements. Unless the Council or Coreper decides otherwise, the following shall be published in the Official 2. Journal by the Secretary-General or the Deputy Secretary-General: (a) initiatives presented to the Council by a Member State pursuant to Article 67(1) of the EC Treaty; (b) initiatives presented to the Council by a Member State pursuant to Article 34(2) of the Treaty on European Union; (c) the common positions referred to in Article 34(2) of the Treaty on European Union; (d) directives other than those referred to in Article 254(1) and (2) of the EC Treaty, decisions other than those referred to in Article 254(1) of the EC Treaty, recommendations and opinions. (1) See statement (h) set out below: (h) Article 16 and Annex I “The Council agrees that the provisions of Article 16 and Annex I apply to acts for the adoption of which some members of the Council are, under the Treaties, not entitled to vote. However, application of Article 7 of the Treaty on European Union is not covered by those provisions. In the first application of Articles 43 and 44 of the Treaty on European Union, the Council will, in the light of experience acquired in other fields, consider any adaptations necessary to Article 16 of and Annex I to these Rules of Procedure.” L 149/28 EN Official Journal of the European Communities 23.6.2000 The Council or Coreper shall decide unanimously, on a case-by-case basis, whether there should be 3. publication in the Official Journal by the Secretary-General or the Deputy Secretary-General of the common strategies, the joint actions and the common positions referred to in Article 12 of the Treaty on European Union. The Council or Coreper shall decide, on a case-by-case basis and taking account of possible 4. publication of the basic act, whether the following should be published in the Official Journal by the Secretary-General or the Deputy Secretary-General: (a) the measures implementing the joint actions referred to in Article 12 of the Treaty on European Union; (b) the joint actions, the common positions or any other decision adopted on the basis of a common strategy, as provided for in the first indent of Article 23(2) of the Treaty on European Union; (c) any measures implementing the decisions referred to in Article 34(2) of the Treaty on European Union and any measures implementing conventions drawn up by the Council in accordance with Article 34(2) of the Treaty on European Union. 5. Where an agreement concluded between the Communities and one or more States or international organisations sets up a body vested with powers of decision, the Council shall decide, when such an agreement is concluded, whether decisions to be taken by that body should be published in the Official Journal. Article 18 Notification of acts Directives other than those referred to in Article 254(1) and (2) of the EC Treaty and decisions other 1. than those referred to in Article 254(1) of the EC Treaty shall be notified to their addressees by the Secretary-General, the Deputy Secretary-General or a director-general acting on their behalf. 2. When they are not published in the Official Journal, the following acts shall be notified to their addressees by the Secretary-General, the Deputy Secretary-General or a director-general acting on their behalf (a) recommendations; (b) the common strategies, joint actions and common positions referred to in Article 12 of the Treaty on European Union; (c) the common positions referred to in Article 34(2) of the Treaty on European Union; (d) measures implementing the acts adopted on the basis of Articles 12 and 34 of the Treaty on European Union; 3. The Secretary-General, the Deputy Secretary-General or a director-general acting on their behalf shall send to the Governments of the Member States and to the Commission authentic copies of Council directives other than those referred to in Article 254(1) and (2) of the EC Treaty and Council decisions and recommendations. Article 19 (1) Coreper, committees and working parties Coreper shall be responsible for preparing the work of the Council and for carrying out the tasks 1. assigned to it by the Council. It shall in any case (2) ensure consistency of the Union's policies and actions and see to it that the following principles and rules are observed: (1) These provisions are without prejudice to the role of the Economic and Financial Committee as laid down in Article the EC Treaty and to existing Council Decisions thereon (OJ L 358, 31.12.1998, p. 109 and OJ L 5, 114 of 1.1.1999, p. 71). (2) See statement (i) set out below: (i) Article 19(1) “Coreper will ensure consistency and observance of the principles set out in paragraph 1, in particular for matters where substantive preparation is undertaken in other forums.” 23.6.2000 EN Official Journal of the European Communities L 149/29 (a) the principles of legality, subsidiarity, proportionality and providing reasons for acts; (b) rules establishing the powers of Union institutions and bodies; (c) budgetary provisions; (d) rules on procedure, transparency and the quality of drafting. All items on the agenda for a Council meeting shall be examined in advance by Coreper unless the 2. Council decides otherwise. Coreper shall endeavour to reach agreement at its level to be submitted to the Council for adoption. It shall ensure adequate presentation of the dossiers to the Council and, where appropriate, shall present guidelines, options or suggested solutions. In the event of an emergency, the Council, acting unanimously, may decide to settle the matter without prior examination. Committees or working parties may be set up by, or with the approval of, Coreper with a view to 3. carrying out certain preparatory work or studies defined in advance. The General Secretariat shall update and publish the list of preparatory bodies. Only the committees and working parties on this list may meet as Council preparatory bodies. Coreper shall be chaired, depending on the items on the agenda, by the Permanent Representative or 4. the Deputy Permanent Representative of the Member State which holds the Presidency of the Council. Unless the Council decides otherwise, the various committees provided for in the Treaties shall also be chaired by a delegate of that Member State. The same shall apply to the committees and working parties referred to in paragraph 2, unless Coreper decides otherwise. For the preparation of meetings of Council configurations meeting once every six months, where held during the first half of this period, the meetings of committees other than Coreper and those of working parties held during the preceding six months may be chaired by a delegate of the Member State whose turn it is to chair the said Council meetings. 5. Coreper may adopt the following procedural decisions, provided that the items relating thereto have been included on its provisional agenda at least three working days before the meeting. Unanimity on the part of Coreper shall be required for any derogation from that period (1): (a) decision to hold a Council meeting in a place other than Brussels or Luxembourg (Article 1(3)); (b) authorisation to produce a copy of or an extract from a Council document for use in legal proceedings (Article 6(2)); (c) decision to hold a public debate in the Council (Article 8(2)); (d) decision to make the results of votes public in the cases laid down in Article 9(2) and (3); (e) decision to use the written procedure (Article 12(1)); (f) approval or amendment of Council minutes (Article 13(2) and (3)); (g) decision to publish a text or an act in the Official Journal (Article 17(2), (3) and (4)); (h) decision to consult an institution or body; (i) decision setting or extending a time limit for consultation of an institution or body; (j) decision to extend the periods laid down in Article 251(7) of the EC Treaty; (k) approval of the wording of a letter to be sent to an institution or body. (1) See statement (j) set out below: (j) Article 19(5) “If a member of the Council considers that a draft procedural decision submitted to Coreper for adoption in accordance with Article 19(5) raises a question of substance, the draft decision will be submitted to the Council.” L 149/30 EN Official Journal of the European Communities 23.6.2000 Article 20 The Presidency and the businesslike conduct of discussions The Presidency shall be responsible for the application of these Rules of Procedure and for ensuring 1. that discussions are conducted in a businesslike manner. It may, unless a decision is taken to the contrary, take any appropriate measure and in particular: (a) restrict the numbers per delegation present in the meeting room for discussion of a particular item, and decide whether to authorise the opening of an overflow room; (b) set the order in which items are to be taken and determine the duration of discussions on them; (c) organise the time allotted for discussion of a particular item. 2. Without prejudice to its powers and its overall political responsibility, the Presidency shall be assisted by the representative of the Member State next holding the Presidency. At the Presidency's request and acting on its instructions, the latter shall replace it as and when required, shall relieve it, where necessary, of certain administrative tasks and shall ensure the continuity of the Council's proceedings. Article 21 (1) (2) Reports from committees and working parties Notwithstanding the other provisions of these Rules of Procedure, the Presidency shall organise the meetings of the various committees and working parties so that their reports are available before the Coreper meetings at which they are to be examined. Unless considerations of urgency require otherwise, the Presidency shall postpone to a subsequent Coreper meeting any legislative items within the meaning of Article 7 on which the committee or working party has not completed its discussions at least five working days prior to Coreper's meeting. Article 22 Quality of drafting (3) 1. In order to assist the Council in its task of ensuring the drafting quality of the legislative acts which it adopts, the Legal Service shall be responsible for checking the drafting quality of proposals and draft acts at the appropriate stage, as well as for bringing drafting suggestions to the attention of the Council and its bodies, pursuant to the Interinstitutional Agreement of 22 December 1998. Throughout the legislative process, those who submit texts in connection with the Council's proceedings shall pay special attention to the quality of the drafting. (1) These provisions are without prejudice to the role of the Economic and Financial Committee as laid down in Article the EC Treaty and to existing Council Decisions thereon (OJ L 358, 31.12.1998, p. 109 and OJ L 5, 114 of 1.1.1999, p. 71). (2) See statement (k) set out below: (k) Article 21 “Reports from working parties and any other documents used as a basis for Coreper's discussions should be sent to delegations in time to allow for their examination.” (3) See statement (l) set out below: (l) Article 22 “The Council Legal Service has also been instructed to provide assistance to a Member State responsible for an initiative within the meaning of Article 67(1) of the EC Treaty or Article 34(2) of the Treaty on European Union for the purpose, inter alia, of checking the quality of drafting of such initiatives if that assistance is requested by the Member State concerned.” See statement (m) set out below: (m) Article 22 “Members of the Council will comment on proposals for official codification of legislative texts within 30 days of the circulation of such proposals by the General Secretariat. Members of the Council will ensure that those provisions of a proposal for the recasting of legislative texts which have been taken from the preceding act without subtantive amendment are examined in accordance with the principles established for examination of codification proposals.” 23.6.2000 EN Official Journal of the European Communities L 149/31 Article 23 The Secretary-General and the General Secretariat 1. The Council shall be assisted by a General Secretariat, under the responsibility of a Secretary-General, who shall be assisted by a Deputy Secretary-General responsible for the running of the General Secretariat. The Secretary-General and the Deputy Secretary-General shall be appointed by the Council acting unani- mously. 2. The Council shall decide on the organisation of the General Secretariat (1). Under its authority the Secretary-General and the Deputy Secretary-General shall take all the measures necessary to ensure the smooth running of the General Secretariat. 3. The General Secretariat shall be closely and continually involved in organising, coordinating and ensuring the coherence of the Council's work. Under the responsibility and guidance of the Presidency, it shall assist the latter in seeking solutions. In accordance with the provisions of the Treaty on European Union, the Secretary-General shall assist the Council and the Presidency in matters concerning the common foreign and security policy, including coordination of the work of the Special Representatives. If appropriate, the Secretary-General may ask the Presidency to convene a committee or working party, in particular in relation to matters concerning the common foreign and security policy, or to place an item on the agenda for a committee or working party. 4. The Secretary-General or the Deputy Secretary-General shall submit to the Council the draft estimate of the expenditure of the Council in sufficient time to ensure that the time limits laid down by the financial provisions are met. The Secretary-General, assisted by the Deputy Secretary-General, shall have full responsibility for 5. administering the appropriations entered in Section II — Council of the budget and shall take all measures necessary to ensure that they are properly managed. He shall implement the appropriations in question in accordance with the provisions of the Financial Regulation applicable to the general budget of the European Communities. The rules on security shall be adopted by the Council. Article 24 Security Article 25 Duties as depositary of agreements and conventions In the event of the Secretary-General of the Council being designated as depositary of an agreement concluded in accordance with Article 24 of the Treaty on European Union or concluded by the Community and one or more States or international organisations, of a convention concluded between Member States or of a convention established pursuant to Article 34 of the Treaty on European Union, the acts of ratification, acceptance or approval of those agreements or conventions shall be deposited at the address of the Council. In such instances the Secretary-General shall perform the duties of a depositary and shall also ensure that the dates of entry into force of such agreements or conventions are published in the Official Journal. Article 26 Representation before the European Parliament Subject to special procedures, the Council may be represented by the Presidency or by any other of its members before the European Parliament or its committees. The Council may also be represented before those committees by its Secretary-General, its Deputy Secretary-General or senior officials of the General Secretariat, acting on instructions from the Presidency. The Council may also present its views to the European Parliament by means of a written statement. (1) Paragraphs 1 and 2 reproduce Article 207(2) of the EC Treaty. L 149/32 EN Official Journal of the European Communities 23.6.2000 Article 27 Provisions concerning the form of acts The provisions concerning the form of acts are set out in Annex II. Article 28 Correspondence addressed to the Council Correspondence to the Council shall be sent to the President at the following address of the Council: Council of the European Union Rue de la Loi/Wetstraat 175 B-1048 Brussels 23.6.2000 EN Official Journal of the European Communities L 149/33 ANNEX I 1. In application of the following provisions of these Rules of Procedure and for decisions in respect of which, under the Treaties, members of the Council or of Coreper may not participate in the vote, account is not to be taken of votes by such members: (a) Article 1(3), second subparagraph (holding of a meeting in a place other than Brussels or Luxembourg); (b) Article 3(6) (inclusion on the agenda of an item other than those appearing on the provisional agenda); (c) Article 3(8) (maintaining as a “B” item on the agenda an “A” item which would otherwise have had to be withdrawn from the agenda); (d) Article 5(2), as regards the presence of the European Central Bank only (deliberation without the presence of the European Central Bank); (e) Article 9(2) and (3), first subparagraph, points (b) and (c), second and third subparagraphs (making public the statements in the Council minutes and items in those minutes relating to the adoption of conventions established on the basis of Title VI of the Treaty on European Union; making public the results of votes, explanations of votes, statements in the Council minutes and items in those minutes relating to the adoption of a common position under Title VI of the Treaty on European Union; making public the results of votes, explanations of votes, statements in the Council minutes and items in those minutes relating to cases other than those referred to in paragraph 3); (f) Article 11(1), second subparagraph (opening of a voting procedure); (g) Article 12(1) (use of the written procedure); (h) Article 14(1) (decision to deliberate and take decisions exceptionally on the basis of documents and drafts not drawn up in all the languages) (1); (i) Article 17(2)(a) and (b) (non-publication in the Official Journal of an initiative presented by a Member State pursuant to Article 67(1) of the EC Treaty or Article 34(2) of the Treaty on European Union); (j) Article 17(2)(c) and (d) (non-publication in the Official Journal of a common position adopted on the basis of Article 34 of the Treaty on European Union or certain directives, decisions, recommendations and opinions); (k) Article 17(4)(c) (publication in the Official Journal of any measures implementing decisions or conventions referred to in Article 34(2) of the Treaty on European Union); (l) Article 17(5) (whether to publish in the Official Journal decisions taken by a body set up under an international agreement). 2. A member of the Council or of Coreper may not make use of the following provisions of these Rules of Procedure in connection with decisions on which, under the Treaties, that member may not participate in the vote: (a) Article 3(8) (possibility of a member of the Council requesting withdrawal of an “A” item from the agenda); (b) Article 11(1), second subparagraph (possibility of a member of the Council requesting the opening of a voting procedure); (c) Article 11(3) (possibility of a member of the Council acting on behalf of another in a vote); (d) Article 14(2) (possibility for any member of the Council to oppose discussion if the texts of any proposed amendments are not drawn up in the language he or she has specified). (1) See statement (n) set out below: (n) Article 14 in Annex I “The Council confirms that present practice whereby the texts serving as a basis for its deliberations are drawn up in all the languages will continue to apply.” L 149/34 EN Official Journal of the European Communities 23.6.2000 ANNEX II PROVISIONS CONCERNING THE FORM OF ACTS A. Form of regulations 1. Regulations adopted jointly by the European Parliament and the Council, and Council regulations shall include: (a) in their title the word “Regulation”, followed by a serial number, the date of their adoption and an indication of their subject matter; (b) the words “The European Parliament and the Council of the European Union” or “The Council of the European Union”, as appropriate; (c) a reference to the provisions under which the regulation is adopted, preceded by the words “Having regard to”; (d) a citation containing a reference to proposals submitted and to opinions obtained and consultations held; (e) a statement of the reasons on which the regulation is based, preceded by the word “Whereas:”, the recitals being numbered; (f) the words “have adopted this Regulation” or “has adopted this Regulation”, as appropriate, followed by the enacting terms of the regulation. 2. Regulations shall be divided into Articles, if appropriate, grouped into chapters and sections. 3. The final article of a regulation shall fix the date of entry into force, where that date is before or after the 20th day following publication. 4. The final article of a regulation shall be followed by: (a) (i) the worlds “This Regulation shall be binding in its entirety and directly applicable in all Member States.” or (ii) the words “This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaty establishing the European Community”, in any cases in which an act is not applicable to, and in, all Member States (1), (b) the words “Done at,” followed by the date on which the regulation was adopted, and (c) in the case of (i) a regulation adopted jointly by the European Parliament and the Council, the formula: “For the European Parliament The President For the Council The President” followed by the name of the President of the European Parliament and of the President-in-Office of the Council at the time when the Regulation is adopted; (ii) a Council regulation, the formula: “For the Council The President” followed by the name of the President-in-Office of the Council at the time when the regulation is adopted. (1) See statement (o) set out below: (o) Annex II A “The Council would point out that, in the cases provided for in the Treaties where an act is not applicable to or in all Member States, it is necessary to make clear its territorial application in the reasons given for and content of the act concerned.” 23.6.2000 EN Official Journal of the European Communities L 149/35 B. Form of directives, decisions, recommendations and opinions (EC Treaty) 1. Directives and decisions adopted jointly by the European Parliament and the Council, and directives and decisions of the Council, shall include in their titles the word “Directive” or “Decision”. 2. Recommendations and opinions issued by the Council shall include in their titles the word “Recommendation” or “Opinion”. 3. The provisions relating to regulations set out in A above shall apply mutatis mutandis, subject to the relevant provisions of the EC Treaty, to directives and decisions. C. Form of common strategies of the European Council, joint actions and common positions referred to in Article 12 of the Treaty on European Union Common strategies, joint actions and common positions within the meaning of Article 12 of the Treaty on European Union shall bear one of the following headings, as appropriate: (a) “European Council Common Strategy”, a serial number (year/number/CFSP), the date of adoption and the subject matter; (b) “Council Joint Action”, a serial number (year/number/CFSP), the date of adoption and the subject matter; (c) “Council Common Position”, a serial number (year/number/CFSP), the date of adoption and the subject matter. D. Form of common positions, framework decisions, decisions and conventions referred to in Article 34(2) of the Treaty on European Union Common positions, framework decisions, decisions and conventions within the meaning of Article 34(2) of the Treaty on European Union shall bear one of the following headings, as appropriate (a) “Council Common Position”, a serial number (year/number/JHA), the date of adoption and the subject matter; (b) “Council framework Decision”, a serial number (year/number/JHA), the date of adoption and the subject matter; (c) “Council Decision”, a serial number (year/number/JHA), the date of adoption and the subject matter; (d) “Convention established by the Council in accordance with Article 34 of the Treaty on European Union” and the subject matter.’ Done at Luxembourg, 5 June 2000. For the Council The President J. PINA MOURA
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Commission Directive 2000/38/EC of 5 June 2000 amending Chapter Va (Pharmacovigilance) of Council Directive 75/319/EEC on the approximation of provisions laid down by law, regulation or administrative action relating to medicinal products (Text with EEA relevance)
2000-06-05
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L 139/28 EN Official Journal of the European Communities 10.6.2000 COMMISSION DIRECTIVE 2000/38/EC of 5 June 2000 amending Chapter Va (Pharmacovigilance) of Council Directive 75/319/EEC on the approximation of provisions laid down by law, regulation or administrative action relating to medicinal products (Text with EEA relevance) THE COMMISSION OF THE EUROPEAN COMMUNITIES, HAS ADOPTED THIS DIRECTIVE: Having regard to the Treaty establishing the European Community, Having regard to Second Council Directive 75/319/EEC of 20 May 1975 on the approximation of provisions laid down by law, regulation or administrative action relating to proprietary medicinal products (1), as last amended by Directive 93/ 39/EEC (2), and in particular Article 29i thereof, Whereas: (1) (2) (3) (4) (5) (6) (7) (8) In order to ensure the continued safety of medicinal products in use, it is necessary to ensure that pharmaco- vigilance systems in the Community are continually adapted to take account of scientific and technical progress. It is necessary to take account of changes arising as a result of international harmonisation of definitions, terminology and technological developments in the field of pharmacovigilance. The increasing use of the mutual recognition procedure established by Directive 75/319/EEC requires that current procedures for reporting and dissemination of suspected adverse drug reactions be amended to ensure better coordination between Member States. The increasing use of electronic networks for communi- cation of information on adverse drug reactions to medi- cinal products marketed in the Community is intended to allow competent authorities to share the information at the same time. It is necessary to further define terms currently used within the pharmacovigilance systems. It is the interst of the Community to ensure that the centrally authorised pharmacovigilance medicinal products and those authorised by other procedures are consistent. systems for Holders of marketing authorisations should additionally be proactively responsible for on-going pharmacovigi- lance of the medicinal products they place on the market. The measures provided for in this Directive are in conformity with the opinion of the Standing Committee on Medicinal Products for Human Use, (1) OJ L 147, 9.6.1975, p. 13. (2) OJ L 214, 24.8.1993, p. 22. Article 1 Chapter Va (Pharmacovigilance) of Directive 75/319/EEC is hereby amended as follows: 1. In Article 29a, the third paragraph is hereby replaced by the following text: ‘This system shall also take into account any available infor- mation on misuse and abuse of medicinal products which may have an impact on the evaluation of their benefits and risks.’ 2. Article 29b is hereby replaced by the following text: ‘Article 29b For the purpose of this Directive, the following definitions shall apply: (a) adverse reaction means a response to a medicinal product which is noxious and unintended and which occurs at doses normally used in man for the prophylaxis, diag- nosis or therapy of disease or for the restoration, correc- tion or modification of physiological function; (b) serious adverse action means an adverse action which results in death, is life-threatening, requires inpatient hospitalisation or prolongation of existing hospitalisa- tion, results in persistent or significant disability or inca- pacity, or is a congential anomaly/birth defect; (c) unexpected adverse reaction means an adverse reaction, the nature, severity or outcome of which is not consistent with the summary of product characteristics; (d) periodic safety update reports means the periodical reports containing the records referred to in Article 29d; (e) post-authorisation safety study means a pharmacoepide- miological study or a clinical trial carried out in accord- ance with the terms of the marketing authorisation, conducted with the aim of identifying or quantifying a safety hazard relating to an authorised medicinal product; (f) abuse of medicinal products means persistent or spor- adic, intentional excessive use of medicinal products which is accompanied by harmful physical or psycho- logical effects. 10.6.2000 EN Official Journal of the European Communities L 139/29 the definitions and principles For the interpretation of outlined in this chapter, the marketing authorisation holder and the competent authorities shall refer to the guidance referred to in Article 29g.’ 3. Article 29c is hereby amended as follows: (a) in the first paragraph the words ‘person responsible for placing the medicinal product on the market’ are changed to ‘marketing authorisation holder’; (b) in point (a) of the second paragraph the words ‘at a single’ are changed to ‘in order to be accessible at least at one’; (c) in point (b) of the second paragraph the words ‘relevant national or Community guidance’ are changed to ‘guidance referred to in Article 29g’; (d) to the second paragraph the following point (d) is added: ‘d) the provision to the competent authorities, of any other information relevant to the evaluation of the benefits and risks afforded by a medicinal product, including appropriate information on post-author- isation safety studies.’ 4. Article 29d is hereby replaced by the following text: ‘Article 29d 1. The marketing authorisation holder shall be required to maintain detailed records of all suspected adverse reac- tions occurring either in the Community or in a third country. The marketing authorisation holder shall be required 2. to record and to report all suspected serious adverse reac- tions which are brought to his attention by a health care professional immediately to the competent authority of the Member State in whose territory the incident occurred, and in no case later than 15 calendar days following the receipt of the information. 3. The marketing authorisation holder shall be required to record and report all other suspected serious adverse reactions which meet the reporting criteria in accordance with the guidance referred to in Article 29g of which he can reasonably be expected to have knowledge immediately to the competent authority of the Member State in whose territory the incident occurred, and in no case later than 15 calendar days following the receipt of the information. 4. The marketing authorisation holder shall ensure that all suspected serious unexpected adverse reactions occurring to his in the territory of a third country and brought attention by a health care professional are reported imme- diately in accordance with the guidance referred to in Article 29g, so that they are available to the Agency and to the competent authorities of the Member States where the medicinal product is authorised, and in no case later than 15 calendar days following the receipt of the information. 5. In the case of medicinal products which have been considered within the scope of Directive 87/22/EEC, or which have benefited from the procedures of mutual recog- nition foreseen in Articles 7 and 7a of Directive 65/65/EEC, Article 9(4) of this Directive, and medicinal products for which there has been a referral to the procedures foreseen by Articles 13 and 14 of this Directive, the marketing authorisation holder shall additionally ensure that all reactions occurring in the suspected serious Community are reported in the format and at intervals to be agreed with the reference Member State, or a competent authority acting as the reference Member State, in such a way so as to be accessible to the reference Member State. adverse 6. Unless other requirements have been laid down as a condition of the granting of authorisation, or subsequently as indicated in the guidance referred to in Article 29g, records of all adverse reactions shall be submitted to the competent authorities in the form of a periodic safety update report, either immediately upon request or periodi- cally as follows: six monthly for the first two years after authorisation, annually for the subsequent two years, and at the time of the first renewal. Thereafter the periodic safety update reports shall be submitted at five-yearly intervals together with the application for renewal of the author- isation. The periodic safety update reports shall include a scientific evaluation of the benefit and risks afforded by the medicinal products. 7. Following the granting of a marketing authorisation, the marketing authorisation holder may request the amend- ment of the periods referred to in this article according to the procedure laid down by Commission Regulation (EC) No 541/95 (*). (*) OJ L 55, 11.3.1995, p. 7.’ 5. In Article 29e, ‘medical practitioners’ are changed to ‘doctors and other health care professionals’: second paragraph, the words 6. Article 29f is hereby replaced by the following text: ‘Article 29f The Agency, in collaboration with the Member 1. States and the Commission shall set up a data-processing network to facilitate the exchange of pharmacovigilance information regarding medicinal products marketed in the Community intended to allow all competent authorities to share the information at the same time. 2. Making use of the network foreseen in the first paragraph, Member States shall ensure that reports of suspected serious adverse reactions that have taken place on their territory are immediately made available to the Agency and the other Member States, and in any case within 15 calendar days of their notification, at the latest. shall ensure that The Member States 3. reports of suspected serious adverse reactions that have taken place on their territory are immediately made available to the marketing authorisation holder, and in any case within 15 calendar day of their notification, at the latest.’ L 139/30 EN Official Journal of the European Communities 10.6.2000 7. Article 29g is hereby replaced by the following text: Article 2 ‘Article 29g (a) In order in consultation with to facilitate the exchange of information about pharmacovigilance within the Community, the the Agency, Commission, Member States and interested parties, shall draw up guidance on the collection, verification and presenta- tion of adverse reaction reports, including technical requirements for electronic exchange of pharmacovigi- lance information in accordance with internationally agreed formats and shall publish a reference to an internationally agreed medical terminology. (b) This guidance shall be published in Volume 9 of the Rules governing medicinal products in the European Union and shall take account of international harmo- nisation work carried out in the field of pharmacovi- gilance.’ 8. Article 29h is hereby replaced by the following text: ‘Article 29h Where, as a result of the evaluation of pharmacovigilance data, a Member State considers that a marketing author- isation shold be suspended, withdrawn or varied in accordance with the guidance referred to in Article 29g, it shall forthwith inform the Agency, the other Member States and the marketing authorisation holder. In case of urgency, the Member State concerned may a medicinal suspend the marketing authorisation of product, provided the Agency, the Commission and the other Member States are informed at the latest on the following working day.’ Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive no later than 5 December 2001. the provisions set out When the Member States adopt in paragraph 1, they shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such references shall be adopted by the Member States. The Member States shall communicate to the Commission 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 adressed to the Member States. Done at Brussels, 5 June 2000. For the Commission Erkki LIIKANEN Member of the Commission
http://publications.europa.eu/resource/cellar/3ce7e6a0-7c88-4fb8-8d21-f986a06c8c9f
32000R1184
http://data.europa.eu/eli/reg/2000/1184/oj
Commission Regulation (EC) No 1184/2000 of 5 June 2000 on the supply of white sugar as food aid
2000-06-05
eng
[ "European Commission" ]
[]
[]
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[ "EU aid", "aid system", "delivery", "food aid", "white sugar" ]
[ "862", "3003", "1684", "807", "4315" ]
6.6.2000 EN Official Journal of the European Communities L 133/9 COMMISSION REGULATION (EC) No 1184/2000 of 5 June 2000 on the supply of white sugar as food aid THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 1292/96 of 27 June 1996 on food-aid policy and food-aid management and special operations in support of food security (1), and in partic- ular Article 24(1)(b) thereof, Whereas: (1) (2) (3) The abovementioned Regulation lays down the list of countries and organisations eligible for Community aid and specifies the general criteria on the transport of food aid beyond the fob stage. Following the taking of a number of decisions on the allocation of food aid, the Commission has allocated white sugar to certain beneficiaries. It is necessary to make these supplies in accordance with the rules laid down by Commission Regulation (EC) No 2519/97 of 16 December 1997 laying down general rules for the mobilisation of products to be supplied pursuant to Council Regulation (EC) No 1292/96 as Community food aid (2). It is necessary to specify the time limits and conditions of supply to determine the resultant costs, HAS ADOPTED THIS REGULATION: Article 1 White sugar shall be mobilised in the Community, as Community food aid for supply to the recipient listed in the Annex, in accordance with Regulation (EC) No 2519/97 and under the conditions set out in the Annex. The tenderer is deemed to have noted and accepted all the general and specific conditions applicable. Any other condition or reservation included in his tender is deemed unwritten. Article 2 This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 5 June 2000. For the Commission Franz FISCHLER Member of the Commission (1) OJ L 166, 5.7.1996, p. 1. (2) OJ L 346, 17.12.1997, p. 23. L 133/10 EN Official Journal of the European Communities 6.6.2000 ANNEX LOT A 1. Action No: 336/98 (A1); 148/99 (A2) 2. Beneficiary (2): EuronAid, PO Box 12, 2501 CA Den Haag, Nederland; tel.: (31-70) 330 57 57; fax: 364 17 01; telex: 30960 EURON NL 3. Beneficiary's representative: to be designated by the recipient 4. Country of destination: A1: Angola: A2: Haiti 5. Product to be mobilised: white sugar 6. Total quantity (tonnes net): 102 7. Number of lots: 1 in 2 parts (A1: 54 tonnes: A2: 48 tonnes) 8. Characteristics and quality of the product (3) (5) (9): see OJ C 114, 29.4.1991, p. 1 (V.A(1)) 9. Packaging (7) (8): see OJ C 267, 13.9.1996, p. 1 (11.2 A 1.b, 2.b and B.4) 10. Labelling or marking (6): see OJ C 114, 29.4.1991, p. 1 (V.A(3)) — Language to be used for the markings: A1: Portuguese; A2: French — Supplementary markings: — 11. Method of mobilisation of the product: sugar produced in the Community in accordance with Article (1.2) of Council Regulation (EC) No 2038/1999 (OJ L 252, 29.9.1999, p. 1) as follows: A or B sugar (points (e) and (f)) 12. Specified delivery stage: free at port of shipment 13. Alternative delivery stage: — 14. a) Port of shipment: — b) Loading address: — 15. Port of landing: — 16. Place of destination: — — port or warehouse of transit: — — overland transport route: — 17. Period or deadline of supply at the specified stage: — first deadline: 10-30.7.2000 — second deadline: 24.7-13.8.2000 18. Period or deadline of supply at the alternative stage: — first deadline: — — second deadline: — 19. Deadline for the submission of tenders (at 12 noon, Brussels time): — first deadline: 20.6.2000 — second deadline: 4.7.2000 20. Amount of tendering guarantee: EUR 15 per tonne 21. Address for submission of tenders and tendering guarantees (1): Bureau de l'aide alimentaire, Attn. Mr T. Vestergaard, Bâtiment Loi 130, Bureau 7/46, Rue de la Loi/Wetstraat 200, B-1049 Bruxelles/Brussel; tlx: 25670 AGREC B; fax: (32-2) 296 70 03/296 70 04 (exclusively) 22. Export refund (4): refund applicable to white sugar on 29.5.2000, fixed by Commission Regulation (EC) No 1110/2000 (OJ L 125, 26.5.2000, p. 39) 6.6.2000 EN Official Journal of the European Communities L 133/11 Notes: (1) Supplementary information: André Debongnie (tel. (32-2) 295 14 65) Torben Vestergaard (tel. (32-2) 299 30 50). (2) The supplier shall contact the beneficiary or its representative as soon as possible to establish which consignment documents are required. (3) The supplier shall deliver to the beneficiary a certificate from an official entity certifying that for the product to be in the Member State concerned, have not been delivered the standards applicable, relative to nuclear radiation, exceeded. The radioactivity certificate must indicate the caesium-134 and -137 and iodine-131 levels. (4) Commission Regulation (EC) No 259/98 (OJ L 25, 31.1.1998, p. 39), is applicable as regards the export refund. The date referred to in Article 2 of the said Regulation is that indicated in point 22 of this Annex. The supplier's attention is drawn to the last subparagraph of Article 4(1) of the above Regulation. The photocopy of the export licence shall be sent as soon as the export declaration has been accepted (fax (32-2) 296 20 05). (5) The supplier shall supply to the beneficiary or its representative, on delivery, the following document: — health certificate. (6) Notwithstanding OJ C 114 of 29.4.1991, point V.A(3)(c) is replaced by the following: ‘the words “European Community”’. (7) Since the goods may be rebagged, the supplier must provide 2 % of empty bags of the same quality as those containing the goods, with the marking followed by a capital ‘R’. (8) Shipment to take place in 20-foot containers, condition FCL/FCL. The supplier shall be responsible for the cost of making the container available in the stack position at the container terminal at the port of shipment. The beneficiary shall be responsible for all subsequent loading costs, including the cost of moving the containers from the container terminal. The supplier has to submit to the beneficiary's agent a complete packing list of each container, specifying the number of bags belonging to each action number as specified in the invitation to tender. The supplier has to seal each container with a numbered locktainer (Oneseal, Sysko, Locktainer 180 or a similar high-security seal) the number of which is to be provided to the beneficiary's representative. (9) The rule provided at the second indent of Article 18(2)(a) of Commission Regulation (EEC) No 2103/77 (OJ L 246, 27.9.1977, p. 12), as last amended by Regulation (EC) No 260/96 (OJ L 34, 13.2.1996, p. 16), is binding for determination of the sugar category.
http://publications.europa.eu/resource/cellar/2cb4d138-dbdb-490b-8825-accf3529cb9d
92000E001666
WRITTEN QUESTION E-1666/00 by Mario Mauro (PPE-DE) to the Council. Violation of children's rights.
2000-06-05
eng
[ "European Parliament", "Provisional data" ]
[]
[]
[]
[ "html", "pdf", "print" ]
[ "Council of the European Union", "European social policy", "Italy", "Rwanda", "children's rights", "custody", "powers of the institutions (EU)" ]
[ "114", "3346", "1519", "3784", "3916", "5296", "5519" ]
6.3.2001 EN Official Journal of the European Communities C 72 E/95 Whilst the responsibility rests quite rightly with the Belgian authorities, football supporters from many other Member States will be attending; would the Commissioner with special responsibilities for Sport therefore agree, given the potential for spectator violence and in order to put safety first, that the match should be moved to the more suitable location of the King Baudoin Stadium in Brussels? If so, could the Commission raise its concerns with UEFA while there is still time to change the arrangements for the match? Answer given by Mr Vitorino on behalf of the Commission (16 June 2000) The Commission would like to inform the Honorable Member that it has not been contacted by any competent authority expressing concern about the safety of the stadium in Charleroi for the match between England and Germany. The responsibility for ensuring adequate safety to spectators and players during the matches held during EURO 2000 lies with the national authorities and football associations. On the basis of the information available, the Commission has good reasons to believe that these authorities and associations will be able to ensure adequate safety. In this connection it should be mentioned that according to the Union of European football associations (UEFA) the Charleroi stadium is safe and in conformity with UEFA rules. The Commission therefore does not see the need to ask the organisers to have the match played at a different location. (2001/C 72 E/114) WRITTEN QUESTION E-1666/00 by Mario Mauro (PPE-DE) to the Council (5 June 2000) Subject: Violation of children(cid:146)s rights On 3 May 2000 the Presidency of the Council of Ministers (Social Affairs (cid:129) Committee for Minors) made arrangements for the transfer to Switzerland of Izabayo Fidencie, a Ruandan child who had been found on Italian territory without the appropriate documents living with Nshimiyimana Juvenal, who claimed to be the girl(cid:146)s father, despite documentary evidence establishing beyond doubt that he was not acting in good faith. The appeal lodged with the Lazio Regional Administrative Court against the decision taken by the Social Affairs department of the Presidency of the Council of Ministers in this dramatic case without carefully examining the evidence provided by the Ruandan Government, which demonstrates that Nshimiyimana Juvenal was not telling the truth, shows that the administrative provision adopted was of a superficial nature. The European Union has always claimed to be committed to respect for human rights and fundamental freedoms, in particular affirming its commitment to fundamental social rights and the Convention for the Protection of Human Rights and Fundamental Freedoms. Furthermore, Article 3 of the United Nations Convention on the Rights of the Child states (cid:145)in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary considera- tion(cid:146) and declares the child(cid:146)s right to a family, not the right of anyone to have a child. 1. What steps does the Council of Ministers of the European Union intend to take to ensure that Italy ascertains who Izabayo Fidencie(cid:146)s parents actually are and entrusts her to the care of her legal or natural parents? 2. What steps does the Council of Ministers of the European Union intend to take to ensure that in the light of the new evidence produced and pending the judgement of the Lazio Regional Administrative Court, Italy suspends the transfer to Switzerland of Izabayo Fidencie? C 72 E/96 Official Journal of the European Communities EN 6.3.2001 Reply (26 September 2000) It is not for the Council to interfere when Member States exercise their powers to remove aliens from their territory. (2001/C 72 E/115) WRITTEN QUESTION E-1673/00 by Christopher Huhne (ELDR) to the Commission Subject: Payment of contractors and suppliers (29 May 2000) Further to Ms Schreyer(cid:146)s answer to my Written Question No E-0505/00 (1), will the Commission please indicate the cost of interest paid on late payments by the Commission in each year since its change of policy in 1997, together with the amounts claimed in each year? (1) OJ C 46 E, 13.2.2001, p. 10. Answer given by Mrs Schreyer on behalf of the Commission (19 July 2000) The Honourable Member is informed that the Commission only has data for 1999. In its communication of 10 June 1997, the Commission decided to change its policy on contracts by introducing a clause formalising the maximum period of 60 days within which payment must be made and allowing creditors to claim interest on expiry of that period, unless payment was suspended at the Commission(cid:146)s initiative. This measure was indeed put into practice since, in 1999 alone, 41 proposals for commitments in respect of interest on late payment were introduced by the Commission, for a total of € 1 114 870, of which € 932 289 had been paid by the end of the year by means of 282 individual payment orders. (2001/C 72 E/116) WRITTEN QUESTION E-1674/00 by Jillian Evans (Verts/ALE) to the Commission (29 May 2000) Subject: Resolution of Religious freedom Following Parliament(cid:146)s adoption on 11 February 1999 of a resolution on religious freedom (B4-0131/ 1999 (1)) which refers specifically to news of persecution of religious minorities in India, what action has the Commission taken to ensure that the Indian Government protects religious minorities and that the relevant human rights clauses in treaty agreements with India are rigorously implemented? (1) OJ C 150, 28.5.1999, p. 385. Answer given by Mr Patten on behalf of the Commission (22 June 2000) Since a number of attacks on Christian families and facilities in 1998 the delegation of the Commission in New Delhi, in close consultation with the missions of the Member States, has been monitoring the situation regarding religious minorities in India. Particular attention has been given to assessing the implication of any discriminatory legislative measures that could affect the freedom of faith of Christians
http://publications.europa.eu/resource/cellar/41b70f9f-953c-4b96-91eb-32a3e6c98a1e
52000PC0337
Proposal for a Council Decision on a Community position in the Association Council on the implementation of Article 68 of the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part
2000-06-05
eng
[ "European Commission" ]
[]
[]
[]
[ "html", "pdf" ]
[ "Association Council (EU)", "Israel", "association agreement (EU)", "rules of procedure" ]
[ "116", "1518", "4048", "3561" ]
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 05.06.2000 COM(2000) 337 final Proposal for a COUNCIL DECISION on a Community position in the Association Council on the implementation of Article 68 of the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part (presented by the Commission) EXPLANATORY MEMORANDUM 1. 2. 3. Article 68 of the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part, deals with the working of the Association Council and states that the latter shall adopt its own rules of procedure. The proposal drawn up by the Commission is closely based on the rules of procedure adopted for other Association Agreements, notably the Agreements with the countries of Central and Eastern Europe and Tunisia. The Council is requested to adopt, in the form of a common Community position, the attached draft Decision of the EC-Israel Association Council adopting its rules of procedure, to which draft rules of procedure for the Association Committee are appended. 2 Proposal for a COUNCIL DECISION on a Community position in the Association Council on the implementation of Article 68 of the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular the second subparagraph of Article 300(2) thereof, Having regard to the proposal from the Commission, Whereas: (1) (2) The Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and Israel, of the other part, was concluded on 17 April 2000. Article 68 of that Agreement states that the Association Council shall adopt its own rules of procedure, HAS DECIDED AS FOLLOWS: Sole Article The position to be adopted by the Community within the Association Council established by the Euro-Mediterranean Agreement concluded between the European Communities and their Member States, of the one part, and the State of Israel, of the other part, on the implementation of Article 68 of the Agreement, shall be based on the draft Decision of the Association Council annexed to this Decision. Done at Brussels, For the Council The President 3 ANNEX Draft Decision No 1/2000 of the Association Council between the European Communities and their Member States, of the one part, and the State of Israel, of the other part, laying down the Association Council's rules of procedure THE ASSOCIATION COUNCIL, Having regard to the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and Israel, of the other part, and in particular Articles 67 to 75 thereof, Whereas that Agreement entered into force on 1 June 2000, HAS DECIDED AS FOLLOWS: Article 1 Chairmanship The Association Council shall be presided over alternately for periods of 12 months by a representative of the Council of the European Union, on behalf of the Community and its Member States, and a representative of the Government of Israel. The first period shall begin on the date of the first Association Council meeting and end on 31 December 2000. Article 2 Meetings The Association Council shall meet regularly at ministerial level once a year. Special sessions of the Association Council may be held if the Parties so agree, at the request of either Party. Unless otherwise agreed by the Parties, each session of the Association Council shall be held at the usual venue for meetings of the Council of the European Union at a date agreed by both Parties. The meetings of the Association Council shall be jointly convened by the secretaries of the Association Council in agreement with the President. Article 3 Representation The members of the Association Council may be represented if unable to attend. If a member wishes to be so represented, he must notify the President of the name of his representative before the meeting at which he is to be so represented. The representative of a member of the Association Council shall exercise all the rights of that member. 4 Article 4 Delegations The members of the Association Council may be accompanied by officials. Before each meeting, the President shall be informed of the intended composition of the delegation of each Party. A representative of the European Investment Bank shall attend the meetings of the Association Council, as an observer, when matters which concern the Bank appear on the agenda. The Association Council may invite non-members to attend its meetings in order to provide information on particular subjects. Article 5 Secretariat An official of the General Secretariat of the Council of the European Union and an official of the Mission of Israel in Brussels shall act jointly as secretaries of the Association Council. Article 6 Correspondence Correspondence addressed to the Association Council shall be sent to the President of the Association Council at the address of the General Secretariat of the Council of the European Union. The two secretaries shall ensure that correspondence is forwarded to the President of the Association Council and, where appropriate, circulated to other members of the Association the Council. Correspondence circulated shall be sent Commission, the Permanent Representations of the Member States and the Mission of Israel in Brussels. to the General Secretariat of Communications from the President of the Association Council shall be sent to the addresses by the two secretaries and circulated, where appropriate, to the other members of the Association Council at the addresses indicated in the preceding paragraph. Article 7 Publicity Unless otherwise decided, the meetings of the Association Council shall not be public. 5 Article 8 Agenda for meetings 1. The President shall draw up a provisional agenda for each meeting. It shall be forwarded by the secretaries of the Association Council to the addresses referred to in Article 6 not later than 15 days before the beginning of the meeting. The provisional agenda shall include the items in respect of which the President has received a request for inclusion in the agenda not later than 21 days before the beginning of the meeting, save that items shall not be written into the provisional agenda unless the supporting documentation has been forwarded to the secretaries not later than the date of dispatch of the agenda. The agenda shall be adopted by the Association Council at the beginning of each meeting. An item other than those appearing on the provisional agenda may be placed on the agenda if the two Parties so agree. 2. The President may, in agreement with the two Parties, shorten the time limits specified in paragraph 1 in order to take account of the requirements of a particular case. Article 9 Minutes Draft minutes of each meeting shall be drawn up by the two secretaries. The minutes shall, as a general rule, indicate in respect of each item on the agenda: – – – the documentation submitted to the Association Council, statements the entry of which has been requested by a member of the Association Council, the decisions taken, the statements agreed upon and the conclusions adopted. The draft minutes shall be submitted to the Association Council for approval. They shall be approved within three months after each Association Council meeting. When approved, the minutes shall be signed by the President and the two secretaries. The minutes shall be filed in the archives of the General Secretariat of the Council of the European Union who is acting as depository of the documents of the Association; a certified copy shall be forwarded to each of the addressees referred to in Article 6. Article 10 Decisions and recommendations 1. The Association Council shall take its decisions and recommendations by common agreement of the Parties. 6 During the inter-sessional period, the Association Council may take decisions or recommendations by written procedure if both Parties so agree. 2. The decisions and recommendations of the Association Council within the meaning of Article 69 of the Euro-Mediterranean Agreement shall be entitled respectively 'Decision' and 'Recommendation' followed by a serial number, by the date of their adoption and by a description of their subject. The decisions and recommendations of the Association Council shall be signed by the President and authenticated by the two secretaries. Decisions and recommendations shall be forwarded to each of the addressees referred to in Article 6. The Association Council may decide to order publication of its decisions and recommendations in the Official Journal of the European Communities and the “Reshumot” of Israel. Article 11 Languages The official languages of the Association Council shall be the official languages of the two Parties. Unless otherwise decided, documentation prepared in these languages. the Association Council shall base its deliberations on Article 12 Expenses The Community and Israel shall each defray the expenses they incur by reason of their participation in the meetings of the Association Council, both with regard to staff, travel and subsistence expenditure and to postal and telecommunications expenditure. Expenditure in connection with interpreting at meetings, translation and reproduction of documents shall be borne by the Community, with the exception of expenditure in connection with interpreting or translation into or from Hebrew, which shall be borne by Israel. Other expenditure relating to the material organisation of meetings shall be borne by the Party which hosts the meetings. Article 13 Association Committee 1. The Association Committee shall assist the Association Council in carrying out its duties. It shall be composed of representatives of the members of the Council of the European Union and of members of the Commission of the European Communities, 7 on the one hand, and of representatives of the Israeli Government on the other, normally at senior civil servant level. The Association Committee shall prepare the meetings and the deliberations of the Association Council, implement the decisions of the Association Council where appropriate and, in general, ensure continuity of the association relationship and the proper functioning of the Euro-Mediterranean Agreement. It shall consider any matter referred to it by the Association Council as well as any other matter which may arise in the course of the day-to-day implementation of the Euro-Mediterranean Agreement. It shall submit proposals or any draft decisions/recommendations for adoption to the Association Council. In cases where the Euro-Mediterranean Agreement refers to an obligation to consult or a possibility of consultation, such consultation may take place within the Association Committee. The consultation may continue in the Association Council if the two Parties so agree. The rules of procedure of the Association Committee are specified in Appendix to this Decision. 2. 3. 4. Done at Brussels For the Association Council The President 8 ANNEX II RULES OF PROCEDURE OF THE ASSOCIATION COMMITTEE Article 1 Chairmanship The Association Committee shall be presided over alternately for periods of 12 months by a representative of the Council of the European Union, on behalf of the Community and its Member States, and a representative of the Government of Israel. The first period shall begin on the date of the first Association Council meeting and end on 31 December 2000. Article 2 Meetings The Association Committee shall meet when circumstances require with the agreement of both Parties. Each meeting of the Association Committee shall be held at a time and place agreed by both Parties. The meetings of the Association Committee shall be convened by the chairman normally at least once a year. Article 3 Delegations Before each meeting, the chairman shall be informed of the intended composition of the delegation of each Party. Article 4 Secretariat An official of the General Secretariat of the Council of the European Union and an official of the Israeli Government shall act jointly as secretaries of the Association Committee. All communications intended for the chairman of the Association Committee or sent by him or her under this Decision shall be addressed to the secretaries of the Association Committee and to the Secretaries and President of the Association Council. Article 5 Publicity Unless otherwise decided, the meetings of the Association Committee shall not be public. 9 Article 6 Agenda for meetings 1. The chairman shall draw up a provisional agenda for each meeting. It shall be forwarded by the secretaries of the Association Committee to the addresses referred to in Article 4 not later than 15 days before the beginning of the meeting. The provisional agenda shall include the items in respect of which the chairman has received a request for inclusion in the agenda not later than 21 days before the beginning of the meeting, save that items shall not be written into the provisional agenda unless the supporting documentation has been forwarded to the secretaries not later than the date of dispatch of the agenda. The Association Committee may ask experts to attend its meetings in order to provide information on particular subjects. The agenda shall be adopted by the Association Committee at the beginning of each meeting. An item other than those appearing on the provisional agenda may be placed on the agenda if the two Parties so agree. 2. The chairman may, in agreement with the two Parties, shorten the time limits specified in paragraph 1 in order to take account of the requirements of a particular case. Article 7 Minutes Minutes shall be taken for each meeting and shall be based on a summing up by the chairman of the conclusions arrived at by the Association Committee. When approved by the Association Committee, the minutes shall be signed by the chairman and by the secretaries and filed by each of the Parties. A copy of the minutes shall be forwarded to each of the addressees referred to in Article 4. Article 8 Deliberations In the specific cases where the Association Committee is empowered by the Association Council under the Euro-Mediterranean Agreement to take decisions/recommendations, these acts shall be entitled respectively ‘Decision’ and ‘Recommendation’, followed by a serial number, by the date of their adoption and by a description of their subject. Whenever the Association Committee takes a decision, Article 10 and 11 of Decision No 1/2000 of the Association Council adopting its rules of procedure shall be applied mutatis mutandis. Decisions and recommendations of the Association Committee shall be forwarded to the addresses referred to in Article 4 of this Annex. 10 Article 9 Expenses The Community and Israel shall each defray the expenses they incur by reason of their participation in the meetings of the Association Committee and any working parties set up under Article 73 of the Euro-Mediterranean Agreement, both with regard to staff, travel and subsistence expenditure and to postal and telecommunications expenditure. Expenditure in connection with interpreting at meetings, translation and reproduction of documents shall be borne by the Community, with the exception of expenditure in connection with interpreting or translation into or from Hebrew, which shall be borne by Israel. Other expenditure relating to the material organisation of meetings shall be borne by the Party which hosts the meetings. 11
http://publications.europa.eu/resource/cellar/30bd7bc4-7e4f-40cb-a1ad-5ccedfb2fc46
52000PC0338
Proposal for a Council Regulation amending, for the third time, Regulation (EC) No 2742/1999 fixing for 2000 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 limitations in catch are required and amending Regulation 66/98
2000-06-05
eng
[ "European Commission" ]
[]
[]
[]
[ "html", "pdf" ]
[ "EU waters", "authorised catch", "catch quota", "fishery management", "sea fish" ]
[ "598", "5254", "2879", "1159", "2437" ]
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 05.06.2000 COM(2000) 338 final Proposal for a COUNCIL REGULATION amending, for the third time, Regulation (EC) No 2742/1999 fixing for 2000 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 limitations in catch are required and amending Regulation 66/98 (presented by the Commission) EXPLANATORY MEMORANDUM Council Regulation (EC) No 2742/1999 fixes, among other stipulations, the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters for 2000. Among these fishing opportunities, a TAC has been set for anchovy in the Bay of Biscay (ICES sub-area VIII) at a value of 16000 t. This figure was adopted in the light of scientific advice indicating that the spawning stock biomass in 2000 could be dangerously low; Scientific knowledge on the stock size of anchovy in 2000 is expected to improve greatly when new survey results have been analysed by the Scientific, Technical and Economic Committee for Fisheries (STECF). Furthermore, the long-term effects of various management measures has also been studied by STECF and the basis for scientific advice has improved since the TAC regulation was agreed in December 1999. It is appropriate to create the opportunity for adjusting the TAC when the analysis of new survey results are known, in order to afford appropriate protection to the spawning stock while not unnecessarily restricting catching opportunities. Due to the need for very rapid action in this instance, the Commission be empowered to amend the TAC according to a pre-agreed rule which is designed to meet objective of stock conservation and the need to avoid interruption of fishing unless the stock is in danger. is proposed that it is requested to adopt The Council in order to provide adequate protection to the stock of anchovy and, if possible, to allow fishermen to utilise new fishing opportunities and to continue fishing under appropriate conditions. this proposal 2 Proposal for a COUNCIL REGULATION amending, for the third time, Regulation (EC) No 2742/1999 fixing for 2000 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 limitations in catch are required and amending Regulation 66/98 THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 3760/92 of 20 December 1992 establishing a Community system for fisheries and aquaculture1, and in particular Article 8, paragraph 4, Having regard to the proposal from the Commission, Whereas: (1) (2) (3) (4) Regulation (EC) No 2742/19992 sets a TAC for anchovy in the Bay of Biscay (ICES sub-area VIII) of 16000 t. This figure was adopted in the light of scientific advice indicating that the spawning stock biomass in 2000 could be dangerously low. Improved scientific estimates of the spawning stock biomass will be provided by the Scientific, Technical and Economic Committee for Fisheries not later than 7 June 2000. According to scientific advice, management action should prevent the spawning stock biomass to fall below 18000 t. If the spawning stock biomass were considerably higher than this figure, a higher figure up until the historic TAC of 33000 t may be established. There is a need to adopt a swift decision following the new estimates of spawning stock biomass. Therefore, it is appropriate that the Commission revises the fishing possibilities in accordance with rules in the annex, 1 2 OJ L 389, 31.12.1992, p. 1. OJ L 341, 31.12.1999, p. 1. Regulation as amended by Regulation (EC) No .../2000 (OJ L..., ....2000) 3 HAS ADOPTED THIS REGULATION: Article 1 Regulation (EC) No. 2742/1999 shall be modified as follows: 1. The following article 3a is inserted "Article 3a 1. The Commission is hereby authorised to amend the fishing possibilities of anchovy in ICES sub-area VIII set out in annex I D following the estimate of spawning stock biomass at 1 May 2000 provided by the Scientific, Technical and Economic Committee for Fisheries and in accordance with the rules set out in annex XV. 2. When amending the fishing possibilities, the allocation of additional quantities to the quotas of the Member States concerned shall be in conformity with the principle of relative stability. 3. Notwithstanding the quota for anchovy in ICES sub-area VIII set out in annex I D, if the estimate of spawning stock biomass at 1 May 2000 provided by the Scientific, Technical and Economic Committee for Fisheries is less than 18 000 t, the fishery shall be prohibited by the Commission." 2. The annex is inserted as annex XV. Article 2 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, For the Council The President 4 Annex Spawning Biomass of Anchovy on 1 May 2000 as Evaluated by STECF (B) increase in TAC (tonnes) B greater than 36 000t B between 18 000t and 36 000t 17 000 17000 * ( -B 18000 ) 18000 and rounded to the nearest 10t. 5
http://publications.europa.eu/resource/cellar/ab94944c-e15b-41e0-9fbe-0772b223224d
32000R1189
http://data.europa.eu/eli/reg/2000/1189/oj
Commission Regulation (EC) No 1189/2000 of 5 June 2000 amending the import duties in the cereals sector
2000-06-05
eng
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6.6.2000 EN Official Journal of the European Communities L 133/23 COMMISSION REGULATION (EC) No 1189/2000 of 5 June 2000 amending the import duties in the cereals sector THE COMMISSION OF THE EUROPEAN COMMUNITIES, (2) Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals (1), as last amended by Regulation (EC) No 1253/ 1999 (2), Having regard to Commission Regulation (EC) No 1249/96 of 28 June 1996 laying down detailed rules for the application of Council Regulation (EEC) No 1766/92 as regards import duties in the cereals sector (3), as last amended by Regulation (EC) No 2519/98 (4), and in particular Article 2 (1) thereof, Whereas: Article 2, (1) of Regulation (EC) No 1249/96 provides that if during the period of application, the average import duty calculated differs by EUR 5 per tonne from the duty fixed, a corresponding adjustment is to be made. Such a difference has arisen. It is therefore neces- sary to adjust the import duties fixed in Regulation (EC) No 1168/2000, HAS ADOPTED THIS REGULATION: Article 1 Annexes I and II to Regulation (EC) No 1168/2000 are hereby replaced by Annexes I and II to this Regulation. (1) The import duties in the cereals sector are fixed by Commission Regulation (EC) No 1168/2000 (5). This Regulation shall enter into force on 6 June 2000. Article 2 This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 5 June 2000. For the Commission Franz FISCHLER Member of the Commission (1) OJ L 181, 1.7.1992, p. 21. (2) OJ L 160, 26.6.1999, p. 18. (3) OJ L 161, 29.6.1996, p. 125. (4) OJ L 315, 25.11.1998, p. 7. (5) OJ L 131, 1.6.2000, p. 14. L 133/24 EN Official Journal of the European Communities 6.6.2000 Import duties for the products covered by Article 10(2) of Regulation (EEC) No 1766/92 ANNEX I CN code Description 1001 10 00 Durum wheat high quality medium quality (1) 1001 90 91 Common wheat seed 1001 90 99 Common high quality wheat other than for sowing (3) medium quality low quality 1002 00 00 Rye 1003 00 10 Barley, seed 1003 00 90 Barley, other (3) 1005 10 90 Maize seed other than hybrid 1005 90 00 Maize other than seed (3) 1007 00 90 Grain sorghum other than hybrids for sowing Import duty by land inland waterway or sea from Mediterra- nean, the Black Sea or Baltic Sea ports (EUR/tonne) Import duty by air or by sea from other ports (2) (EUR/tonne) 6,24 16,24 24,70 24,70 57,19 77,18 74,25 74,25 74,25 82,21 82,21 74,25 0,00 6,24 14,70 14,70 47,19 67,18 64,25 64,25 64,25 72,21 72,21 64,25 (1) In the case of durum wheat not meeting the minimum quality requirements for durum wheat of medium quality, referred to in Annex I to Regulation (EC) No 1249/96, the duty applicable is that fixed for low-quality common wheat. (2) For goods arriving in the Community via the Atlantic Ocean or via the Suez Canal (Article 2(4) of Regulation (EC) No 1249/96), the importer may benefit from a reduction in the duty of: — EUR 3 per tonne, where the port of unloading is on the Mediterranean Sea, or — EUR 2 per tonne, where the port of unloading is in Ireland, the United Kingdom, Denmark, Sweden, Finland or the Atlantic Coasts of the Iberian Peninsula. (3) The importer may benefit from a flat-rate reduction of EUR 14 or 8 per tonne, where the conditions laid down in Article 2(5) of Regulation (EC) No 1249/96 are met. 6.6.2000 EN Official Journal of the European Communities L 133/25 ANNEX II Factors for calculating duties (period from 31 May 2000 to 2 June 2000) 1. Averages over the two-week period preceding the day of fixing: Exchange quotations Minneapolis Kansas-City Chicago Chicago Minneapolis Minneapolis Minneapolis Product (% proteins at 12 % humidity) HRS2. 14 % HRW2. 11,5 % SRW2 YC3 HAD2 Medium quality (*) US barley 2 Quotation (EUR/t) 128,55 122,98 107,30 95,67 171,17 (**) 161,17 (**) 103,72 (**) Gulf premium (EUR/t) — 6,36 2,07 8,66 Great Lakes premium (EUR/t) 24,71 — — — — — — — — — (*) A discount of 10 EUR/t (Article 4(1) of Regulation (EC) No 1249/96). (**) Fob Great Lakes. 2. Freight/cost: Gulf of Mexico — Rotterdam: 19,04 EUR/t; Great Lakes — Rotterdam: 27,63 EUR/t. 3. Subsidy within the meaning of the third paragraph of Article 4(2) of Regulation (EC) No 1249/96: 0,00 EUR/t (HRW2) 0,00 EUR/t (SRW2).
http://publications.europa.eu/resource/cellar/5fbcecb3-11a6-44f5-a80e-590b1b526483
92000E001833
WRITTEN QUESTION P-1833/00 by Rosemarie Müller (PSE) to the Council. Terrorism.
2000-06-05
eng
[ "European Parliament", "Provisional data" ]
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[ "EU action", "cooperation policy", "political cooperation", "public safety", "terrorism" ]
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C 113 E/44 Official Journal of the European Communities EN 18.4.2001 At that meeting the Council received a report from an ad hoc Working Party on Tax Fraud which had been set up by Coreper on 8 September 1999. The report showed that tax evasion within the Community had reached a disturbing level. All the Member States confirmed their willingness to step up the fight against fraud both internally and in relations with one another. The Council called on the Commission to submit as soon as possible proposals based on all the recommendations unanimously agreed upon in the course of the ad hoc Working Party(cid:146)s proceedings. This also applied to any measures which could be taken to solve the specific problems relating to excise fraud. (2001/C 113 E/040) WRITTEN QUESTION P-1833/00 by Rosemarie M(cid:252)ller (PSE) to the Council (5 June 2000) Subject: Terrorism Having regard in particular to the latest developments in the Philippines, I ask the Council: (cid:129) On what does the Council base its fundamental understanding of terrorism, and how in particular does it differentiate between forms of cross-border terrorism? (cid:129) Does the Council distinguish between different forms of terrorism? (cid:129) If so, between what different forms, and on the basis of what analytical framework? (cid:129) If not, why not? How does the Council assess the possibility: (cid:129) that European Union territory could be used as a fall-back position by foreign terrorists? (cid:129) that foreign terrorists could mount attacks on European Union territory? (cid:129) that terrorists acting independently of any state could come into the possession of weapons of mass destruction? (cid:129) how does it further assess the possibility that weapons of mass destruction might be deployed by terrorists acting independently of any state? What action has the Council taken hitherto to analyse and counteract the terrorist threat? To what extent does the Council cooperate in that connection with: (cid:129) Member State authorities? (cid:129) other states? (cid:129) international organisations? Reply (30 November 2000) The main basis of the European Union action against terrorism is the La Gomera declaration adopted 1. by the meeting of the European Council of 15/16 December 1995 in Madrid. The declaration provides: (cid:129) for increase of exchange of operational information about terrorist groups; (cid:129) improvement of coordination and cooperation between judicial authorities; (cid:129) handing over to the judicial authorities with jurisdiction of those responsible for terrorist acts. 18.4.2001 EN Official Journal of the European Communities C 113 E/45 Moreover, all EU Member States have signed and with a few exceptions ratified the twelve pertinent UN international anti-terrorism conventions. In Article 29 of the TEU it is spelled out that the objective of providing citizens with a high level of safety within an area of freedom, security and justice shall be achieved by preventing and combating crime, organised or otherwise, including inter alia terrorism. The Council decided on 3 December 1998 to instruct Europol to deal with crimes committed or likely to be committed in the course of terrorist activities against life, limb, personal freedom or property. In order to signal trends and threats and alert Member States, every six months a 2. confidential document on Internal and External Threat of Terrorism for EU countries is presented to the Council. terrorist The recommendation on cooperation in combating the financing of terrorist groups adopted by the Council on 9 December 1999 is an important terrorism. Work on a Council recommendation on cooperation between risk assessment bodies is about to be finalised. instrument to fight 3. (a) Member States cooperate in the framework of the Council and Europol. In the Council terrorism experts of Member States meet in the Terrorism Working Party and COTER group governed respectively by dispositions of Titles V and VI of the TEU. Regular joint meetings of these groups take place. (b) Cooperation on the suppression of terrorism with non-EU partners takes place, in particular, in the framework of the EU political dialogue on terrorism at expert level. In this context, the Troika of the working group on terrorism (COTER) has meetings twice a year with the United States, as well as with Russia and with the Associate countries. In these meetings, the two parties discuss trends on terrorism and other issues of mutual interest. Since 1997, the EU has also had a dialogue with the Mediterranean countries within the Barcelona process, in the form of ad hoc meetings whose aim is to enhance cooperation on the suppression of terrorism. In addition, the Council adopted on 13 April 2000 a Joint Action that will allow the EU to continue providing for another three years counter-terrorism assistance to the Palestinian Authority. This joint Action, adopted in 1997, reflects the EU coherent support to the Middle East Peace Process. This ten- million euro programme aims at improving the capacities of Palestinian security services and civil police. Regarding concrete action at the political level, the EU will, as appropriate: (cid:129) encourage all States that have not yet done so to sign or ratify the international conventions against terrorism, and encourage them to comply with these conventions; (cid:129) put political pressure on countries which offer safe haven to terrorists. It can also take initiatives in this regard, as well as condemn individual acts of terrorism based on the CFSP procedures. (2001/C 113 E/041) WRITTEN QUESTION E-1867/00 by Cristiana Muscardini (UEN) to the Commission (9 June 2000) Subject: Consequences of Chernobyl The statistics provided by the Ukrainian Ministry of Health are horrifying: fourteen years after the Chernobyl disaster, three and a half million people are ill as a result of radioactive contamination, half of whom are children; the number of deaths among the workers who cleaned up the affected areas has risen to 52 000.
http://publications.europa.eu/resource/cellar/752f481e-f41b-4454-8380-dbe55fc705e7
52000PC0219
Opinion of the Commission pursuant to Article 251(2) (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a European Parliament and Council Directive establishing a framework for Community action in the field of water policy (COM(97) 49 final, COM(97) 614 final, COM(98) 76 final and COM(99) 271 final), amending the proposal of the Commission pursuant to Article 250(2) of the EC Treaty
2000-06-05
eng
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[ "EU law", "environmental policy", "environmental protection", "water management" ]
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COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 05.06.2000 COM(2000) 219 final 1997/0067 (COD) OPINION OF THE COMMISSION pursuant to Article 251 (2) (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the Proposal for a EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE establishing a framework for Community action in the field of water policy (COM (97)49 final, COM(97)614 final, COM(98)76 final and COM(99)271 final) AMENDING THE PROPOSAL OF THE COMMISSION pursuant to Article 250 (2) of the EC Treaty EXPLANATORY MEMORANDUM Article 251, paragraph 2 (c) of the EC Treaty foresees that the Commission gives an opinion on the amendments proposed by the European Parliament in its second reading. The Commission gives its opinion below on the 61 amendments adopted by Parliament. In accordance with Article 250, paragraph 2 of the EC Treaty, a modified proposal is attached. The amended proposal incorporates fully, in part or in principle 47 of the 61 amendments adopted by Parliament. 1. BACKGROUND Proposal transmitted to Parliament and Council: 15.04.1997 Proposal amended twice, on 26.11.1997 (COM(1997)614) and on 17.02.1998 (COM(1998)76) Opinion of the Economic and Social Committee: 01.10.1997 Opinion of the Committee of the Regions: 12.03.1998 Parliament opinion on first reading: 11.02.1999 Commission amended proposal (COM(1999)271): 17.06.1999 Council common position adopted: 22.10.1999 Commission opinion on the common position (SEC(1999)1706): 25.10.1999 In its opinion on the common position, the Commission acknowledged that it further develops the original proposal in particular in terms of technical specification. The Commission also welcomed the inclusion of a good number of Parliament’s amendments. The Commission nevertheless expressed its disagreement with the common position, in particular the provisions on timetable for implementation, charging and the way reference was made to commitments under international agreements with particular reference to the OSPAR, Barcelona and HELCOM Conventions. The Commission expressed its concerns for these shortcomings but supported the common position. 2. PURPOSE OF THE COMMISSION PROPOSAL The new water policy re-organises Community water legislation to prevent further deterioration and to protect and enhance water quality and quantity of aquatic ecosystems and groundwater. The proposal establishes a Community Framework with a common approach, objectives, basic measures and common definitions. This water policy focuses on water as it flows naturally through river basins towards the sea, taking into account natural interaction of surface water and groundwater in quantity and quality covering the whole of a river basin district including estuaries, other transitional waters and coastal waters. A combined approach to pollution control is required with control at source combined with the setting of environmental quality standards. Six Annual Management Plans covering each River Basin District, 2 including any transboundary waters, are required with co-ordinated programmes of measures to ensure good status of waters by 2010. Programmes of measures must take into account all sources of impact on the aquatic ecosystems including impact transport, and spatial planning. Systematic from agriculture, energy production, monitoring of achievements is required. Moreover, introduces a requirement for water pricing policies that act as an incentive for the rational use of water as a step towards the full recovery of costs for water services, including financial, environmental and resource costs. The proposed Directive furthermore the United Nations Economic implements Commission for Europe Convention on Transboundary Water Courses and International Lakes of 1992 and the UN Convention on the non-navigational use of waters of 1996. international obligations under the proposal 3. COMMISSION’S OPINION ON PARLIAMENTS AMENDMENTS The Commission accepts fully, in part or in principle 47 of the 61 amendments adopted by Parliament. These amendments are incorporated in the attached amended proposal. 3.1. Amendments accepted by the Commission - Amendment 6 clarifying that good water status should be achieved throughout the Community and that deterioration in the status of waters is avoided is accepted in full. - Amendment 16 clarifying that good surface water chemical status is the status required for achieving the environmental objectives for surface water is accepted in full. Amendment 17 clarifying the definition of good groundwater chemical status - upon consideration is accepted in full. Amendment 20 defining direct discharge to groundwater is accepted with the - ddition of “to groundwater”. - Amendment 21 adding radioactive substances to substances for which environmental standards should be adopted is accepted in full with the addition of “man-made” for reasons of clarification. This makes the implicit coverage of radioactive substances explicit. Amendment 76 introducing radioactive substances into the list of Annex VIII is consequently also accepted in full. Wording from the Commission’s amended proposal after Parliament’s first reading is used in a new recital 40a. - Amendment 31 introducing stringent and transparent criteria for designation of artificial and heavily modified bodies of water in a separate paragraph is accepted in full with the addition of “or” between the indents of paragraph a for clarification of the parallel nature of these criteria. In this way one clear paragraph governs such designation instead of the unclear presentation in both Articles and Annexes of the common position. For additional clarity “port facilities” have been added as part of navigation. Amendment 65 deleting a section of Annex II with criteria for designation is consequently also accepted in full. 3 - Amendment 33 and 84 introducing more stringent and clearer criteria for “temporary” deterioration substituting “unforeseen” with “unforeseeable” and specifying the application to “untypically extreme and prolonged” floods and droughts are accepted in full. These are useful clarifications. Amendment 34 introducing more stringent and clearer criteria for making new - modifications or alterations to waters is accepted in full. Minor adjustments have been made to the header from the common position by deletion of wording, which duplicates part of the amendment. - Amendment 35 specifying that Member States shall ensure that extension or derogation to the general objectives must not permanently exclude or compromise the achievement of the objectives of the proposal is accepted. Amendment 46 increasing transparency by obliging Member States to implementation of the charging obligations is - establish timetables for the full accepted in full. - Amendment 48 specifying that programmes of measures must be “designed to achieve” the objectives of the proposal is accepted in full. However, reference is made only to Article 4 where the objectives of the proposal are presented. Amendment 53 clarifying the obligation to take measures to achieve good - ecological status in the programme of measures is accepted in full. Amendment 67 aligning the thresholds for the monitoring requirements of the - Drinking Water Directive with the requirements of the proposal is accepted in full. Amendment 75 clarifying reporting obligations on water unlikely to achieve - the required good status is accepted in full. Amendment 78 introducing stringent and transparent criteria for the extension - of deadlines for achievement of good status and shortening this from 3 to 2 updates of river basin management plans is accepted in full. This makes application clearer and shortens the rather long implementation time appropriately. To clarify that the three criteria introduced are parallel in nature, “at least one of “ has been added to the header. Amendment 85 increasing transparency by obliging reporting in river basin - management plans on the implementation of a charging system that acts as an incentive for the rational use of water and in the contribution of each economic sector is accepted in full. - Amendment 88 clarifies obligations by specifying that programmes of measures must include measures to progressively reduce emission to surface waters by continuously reducing discharges, emissions and losses of hazardous substances is accepted in full. 3.2. Amendments accepted in part by the Commission Amendment alongside reference - “ecological and hydrological” is accepted while the addition of “hydrogeological” to “hydrogeological” introducing to 8 4 river basin is not necessary because it is already included in the notion of a river basin district as defined in Article 2 point 15. This part is therefore not accepted. - Amendment 42 specifying monitoring requirements for surface waters in relation to volumen and rate of flow is accepted while specification that monitoring is based on the chemical and biological conditions of the surface water is already in the proposal. A requirement that standardised methods recognised by all Member States shall be used is unnecessary and the procedure for such recognition is unclear and therefore not accepted. - Amendment 47 specifying the scope of the combined approach to include all point and diffuse sources is accepted in part. A “de minimis” clause has been added for reasons of proportionality. Reference to its application to priority substances has been transferred to the relevant place in Article 16. - Amendment 54 specifies that for waters failing to achieve the environmental objectives, consideration must be made to hydro-morphological and physico- chemical conditions when investigating waters, more monitoring is necessary, environmental quality standards should be established for pollutants identified, immediate review of authorisations is needed, and that measures are needed to ensure that hydro-morphology is in accordance with that needed to ensure the required ecological water status. The essential parts of these elements are accepted in shorter or slightly adjusted wording. - Amendment 93 requesting proposals for continuous reduction of discharges, emissions and losses one year after the adoption of the priority list is accepted. Reference to the aim of levels close to zero by December 2020 is accepted in redrafted wording, in line with inclusion of this aspirational target into the purpose and objectives of the proposal. The requests for a target list and a data-deficiency list of substances are not accepted. The role of these two lists is not explained in the amendment and it is not clear what action would be required for these substances and to what extent this action would differ from what is required for the list of priority substances. The list of priority substances is intended as a tool for a more focussed action in relation to a number of clearly identified substances of concern at Community level and this objective would thus be lost. - Amendment 94 with more stringent criteria for presentation of compliance with the objective for groundwater chemical status is accepted in part. A criterion that 70 % of mean values from each representative monitoring point must comply with the relevant standards of relevant Community legislation is accepted. Reference to specific Directives is unnecessary and therefore not accepted. 3.3. Amendments accepted in principle by the Commission - Amendment 2, adding reference to “arid and semi-arid areas” could be accepted as such. However, the wording of this recital was subject to an informal compromise between Council and Parliament in February 1999. The Commission can accept full inclusion of the additional wording provided both institutions agree to this. Wording from the Commission’s amended proposal after Parliament’s first reading is used. 5 - Amendment 3 specifying that good water status will ensure drinking water supply is accepted in a slight rewording where the proposal “contributes” to securing drinking water supply. Recital 33 has been amended to take account of this. - Amendment 5 referring to the importance of water protection for coastal fisheries is accepted in a redrafting, which takes account of the geographical difference between the definition of coastal areas of the proposal and that of coastal fisheries. The wording from the Commission’s amended proposal after Parliament’s first reading is used in the creation of a new recital 15a. - Amendment 7 referring to the ultimate aim of achieving complete elimination of all anthropogenic pollutants and background concentrations of naturally occurring substances is accepted in a redrafting, which ensures the aspirational, essentially political and non-legally binding nature of this aim for the marine environment in line with the original statement of Member States and the Commission made at Sintra in 1998 in the framework of a meeting of the Parties to the OSPAR Convention. The Commission has included the wording used in its amended proposal in the amended recital 20. - Amendment 10 referring to measures for progressive elimination of discharges of hazardous substances is accepted in principle. The Commission considers that it is covered by the combination of the present recital 39 and the rewording of recital 20 mentioned under amendment 7. - Amendment 12 referring to procedures for the exercise of implementing powers conferred on the Commission is accepted in principle. A regulatory committee will be introduced in line with the relevant interinstitutional agreement on implementing powers through committee procedure. Consequently, amendment 63 is also accepted in principle. - Amendment 14 referring to the aim of reducing discharges, emissions and losses of hazardous substances is accepted on principle. Wording has been introduced in Article 1 to clarify that the proposal in one of its purposes aims towards achieving this aspirational, essentially political and non-legally binding commitment through specific measures based on prioritisation of those substances of greatest concern. Wording is also added to the effect that the proposal contributes towards the ultimate aim of concentrations in the marine environment near background values for naturally occurring substances and close to zero for man-made synthetic substances in line with the Sintra statement of 1998 mentioned above under amendment 7. Wording from the Commission’s amended proposal after Parliament’s first reading is used. Amendment 22 defining the combined approach is accepted in a redrafting - ensuring a neutral wording leaving the specification of its scope to Article 10. Amendment 24 specifying that programmes of measures must be made - operational is included with reference to Member States rather than competent authorities in line with Member States’ prerogative for administrative arrangements. The requests for surface waters: for more stringent clarification of the proposal’s environmental objectives; more stringent specification of prevention of deterioration from the date of adoption; and specification of the objectives for artificial and heavily modified water in a separate paragraph are included in slightly adjusted 6 wording. Reference to the objective of progressively eliminating pollution of waters, moving towards the cessation of emissions by 31 December 2020 is made with wording which carefully reflects the aspirational and essentially political nature of this commitment as mentioned above under amendment 7. In accordance with this, reference to a target date is not considered appropriate. - Amendment 25 specifying that prevention of deterioration of groundwater quality should address both chemical and quantitative aspects and clarifying that restoration applies to polluted groundwater is adjusted in line with the wording for surface waters. Reference to the aim of at least insignificantly anthropogenically polluted groundwater as part of the objective for groundwater is included only in relation to an ultimate target for reversal of significant and sustained upward trends in concentrations of pollutants. Wording essentially as in the Commission’s amended proposal after Parliament’s first reading is used. Taking half the values of the standards laid down by the Drinking Water Directive is accepted as an appropriate starting point for such trend reversal. A distinction between pollution from agricultural and other sources is not considered practical or appropriate. - Amendment 26 requesting shortening of the timetable for implementation from 16 years to 10 years is considered too strict. However, agreeing that shortening is needed, the Commission suggests a global solution with a certain shortening of the deadline in combination with stricter conditions for achieving the environmental objectives. With the deletion of a third six-year extension period, in combination for less with a no-deterioration clause, more stringent criteria for extensions, stringent environmental objectives and for compliance as requested by Parliament the Commission accepts the 16 years of the common position as an overall date for achieving the environmental objectives. Appropriate wording has been inserted into Article 4 in relation to these elements. Other amendments adjusting timetables in other parts of the proposal in consequence of the request for a 10 year deadline are accepted in principle subject to the overall compromise of a deadline of 16 years, including amendment 55. - Amendment 30 introducing more stringent criteria for the setting of less stringent environmental objectives is included with some elements redrafted for clarity and consistency with similar provisions on extension and designation of artificial and heavily modified bodies of water. - Amendment 36 clarifying the characteristics of geographical, geological, hydrological and ecological elements of the required analyses of river basins are included while other more detailed requirements are considered inappropriate for inclusion in the Article. Wording has been inserted into Annex III in relation to a breakdown of costs for services covering more than one purpose. - Amendment 43 introducing a water charging system that acts as an incentive for the rational use of water as an obligatory requirement is accepted in principle as part of a global solution on a provision on cost recovery for water services. The Commission’s proposal aimed at a more ambitious provision but acknowledging that that level of ambition is not supported and taking into account the divergence between the common position and Parliament’s amendments Article 9 has been redrafted based on the principles and parts of amendment 43. The wording of the definitions of water service and water use in Article 2(34) and (35) is also adjusted to 7 the revised Article 9 on charging. Consequential changes are also made in the corresponding Article 5 and Annex III. - Amendment 56 obliging Member States to ensure that river basin management plans are made and implemented is considered included through the inclusion of amendment 24. Amendment 57 shortening the timetable for implementation is considered - included through the global solution mentioned under amendment 26. Amendment 58 referring to the adoption by the European Parliament and the - Council is included, thus reflecting the choice of legal basis for the proposal. Reference to the continuous reduction of discharges, emissions and losses moving towards the target of cessation by 2020 has been adjusted in order to reflect the nature of this commitment as mentioned under amendment 7. Amendment 69 specifying that bodies of groundwater for which compliance - cannot be achieved due to past pollution shall be identified is accepted in principle. Reference is not made to make a state of “insignificant anthropogenically polluted” an integral part of the definition of “good groundwater chemical status. However, in line with the Commission’s amended proposal after Parliament’s first reading this has been introduced as an ultimate target for the trend reversal. Amendment 86 specifying that measures may be adopted as legal and - administrative provisions or as contracts is considered to be covered by the structure of the programmes of measures, where the nature of the measures in Annex VI part A and B clarifies this. 3.4. Amendments not accepted by the Commission Amendment 1 stating that water - commercial product commercial product but protects water as an environmental and social good. is not accepted. The proposal does not is a common heritage rather than a treat water as a - Amendment 9 stating that there is no natural right to discharge hazardous substances and radioactive substances into water is not accepted. The function of this amendment is unclear and the proposal does not make reference to any “rights” of polluting. - Amendment 13 adding “efficient” to “sustainable” and substituting “river basin” for “hydrological area” is not accepted. The concept of efficiency is already included in “sustainable” and the purpose of the undefined term “hydrological area” is unclear. - Amendment 19 introducing a definition of “hazardous substances” is not accepted. The proposal defines clear criteria for selection of “hazardous substances” and a definition is therefore unnecessary. Moreover, the proposed definition deviates in important detail from the generally recognised definitions of hazardous substances. Amendment 23 giving priority to “structures from international agreements” is - not accepted. This would infringe on Member States’ prerogative for choosing administrative arrangements and thus on the principle of subsidiarity. 8 - Amendment 39 requesting a cost-benefit study of investments, which have been required for the implementation of the Directive, five years after the date of is already implicitly covered by implementation is not accepted. The request requirements to establish six-annual management plans, including economic analyses. Moreover, the timing is unfortunate, as these management plans are being prepared 7-10 years after adoption. - Amendment 40 adding “hydrogeological district” to “river basin district” is not accepted. The purpose of this is unclear as groundwater is already included in the definition of river basin district. - Amendment 41 requiring quality standards set for surface waters to ensure that “the least intensive purification treatment” is used in the production of drinking water in order to comply with Community legislation for drinking water is not accepted. The objective of “good surface water status” should ensure that pre- treatment is generally reduced to a minimum. However, the suggested standards would for some substances such as nitrate be allowed in ecologically unsound concentrations. Moreover, the requirement would also be problematic for water, which still suffers from the impacts of past pollution. However, in the spirit of the request, an aspirational target and suggestions for measures aiming at a general reduction of pre-treatment have been introduced into the proposal. - Amendment 61 unrealistically shortening the time for Member States’ action where Community standards are not adopted is not accepted. The suggested deadline is shorter than the time generally required for adoption of Community legislation. - Amendment 64 making repeal of old legislation, which is incorporated into the proposal, conditional on steps to ensure compliance is not accepted. Compliance will be examined but it is not legally possible to make repeals conditional in this way. - Amendment 77 adding “in so far as they have harmful effects on water” to “materials in suspension” included on the list of substances in Annex VIII is not accepted. The addition is unnecessary and confusing as Annex VIII simply lists substances and groups of substances, which may be subject to control if their discharge negatively impacts on water status. Amendment 87 requesting an environmental impact assessment of water - abstraction; demand management for water use; a clause empowering local competent authorities to reallocate water from other uses to drinking water purposes; and prior authorisation of artificial recharge of groundwater is not accepted. The requirements are not consistent with the recently revised Environmental Impact Assessment Directive, the legal basis of the proposal does not allow for quantitative water resources management, decision on administrative powers is a prerogative of Member States and prior authorisation of artificial recharge is already required by the proposal. - Amendment 91 requesting an a priori exemption of extraction of raw materials from authorisation is not accepted. Extraction of raw materials should be subject to the same controls as other activities, which may have negative impact on water status. - Amendment 92 defining good groundwater chemical status with reference to the standards of the Drinking Water Directive is not accepted. Those standards are 9 intended for the protection of human health and apply at the tap, rather than to “raw water”. Their application in situ for groundwater would be unfortunate as this in some cases would lead to a “topping-up to the limit value” practice and in other cases be too strict. 10 Proposal for a EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE establishing a framework for Community action in the field of water policy (COM (97)49 final, COM(97)614 final, COM(98)76 final and COM(99)271 final) AMENDING THE PROPOSAL OF THE COMMISSION pursuant to Article 250 (2) of the EC Treaty THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 175 (1) EC thereof, Having regard to the proposal from the Commission1, Having regard to the opinion of the European Parliament2, Having regard to the opinion of the Economic and Social Committee3, Having regard to the opinion of the Committee of the Regions4, Whereas: (1) (2) 1 2 3 4 5 6 7 The conclusions of the Community Water Policy Ministerial Seminar in Frankfurt in 1988 highlighted the need for Community legislation covering ecological quality; the Council in its Resolution of 28 June 1988 5 asked the Commission to submit proposals to improve ecological quality in Community surface waters; The declaration of the Ministerial Seminar on groundwater held at The Hague in 1991 recognised the need for action to avoid long-term deterioration of freshwater quality and quantity and called for a programme of actions to be implemented by the year 2000 aiming at sustainable management and protection of freshwater resources; in its Resolutions of 25 February 1992 6 and 20 February 1995 7, the Council requested an action programme for groundwater and a revision of Council Directive 80/68/EEC of OJ C 184, 17.6.1997, p. 20, OJ C 16, 20.1.1998, p. 14 and OJ C 108, 7.4.1998, p. 94. Opinion of the European Parliament of 11 February 1999 (OJ C 150, 28.5.1999, p. 419), Council Common Position of 22 October 1999 and Decision of the European Parliament of 16 February 2000 (not yet published in the Official Journal)). OJ C 355, 21.11.1997, p. 83. OJ C 180, 11.6.1998, p. 38. OJ C 209, 9.8.1988, p. 3. OJ C 59, 6.3.1992, p. 2. OJ C 49, 28.2.1995, p. 1. 11 17 December 1979 on the protection of groundwater against pollution caused by certain dangerous substances 8, as part of an overall policy on freshwater protection; (3) Waters in the Community are under increasing pressure from the continuous growth in demand for sufficient quantities of good quality water for all purposes; on 10 November 1995, the European Environment Agency in its report on "Environment in the European Union – 1995" presented an updated state of the environment report, confirming the need for action to protect Community waters in qualitative as well as in quantitative terms; (4) (5) (6) (7) (8) (9) On 18 December 1995, the Council adopted conclusions requiring inter alia the drawing up of a new framework Directive establishing the basic principles of sustainable water policy in the European Union and inviting the Commission to come forward with a proposal; On 21 February 1996 the Commission adopted a Communication to the European Parliament and the Council on "European Community Water Policy" setting out the principles for a Community water policy; On 9 September 1996 the Commission presented a proposal for a Decision of the European Parliament and of the Council on an action Programme for integrated protection and management of groundwater 9; the Commission pointed to the need to establish procedures for the regulation of abstraction of freshwater and for the monitoring of freshwater quality and quantity; in that proposal On 29 May 1995 the Commission adopted a Communication to the European Parliament and the Council on the Wise Use and Conservation of Wetlands, which recognised the important functions they perform for the protection of water resources; It is necessary to develop an integrated Community policy on water; The Council on 25 June 1996, the Committee of the Regions on 19 September 1996, the Economic and Social Committee on 26 September 1996, and the European Parliament on 23 October 1996 all requested the Commission to come forward with a proposal for a Council Directive establishing a framework for a European water policy; (10) As set out in Article 174 of the Treaty, the Community policy on the environment is to contribute to pursuit of the objectives of preserving, protecting and improving the quality of the environment, in prudent and rational utilisation of natural resources, and to be based on the precautionary principle and on the principles that preventive action should be taken, environmental damage should, as a priority, be rectified at source and that the polluter should pay; (11) Pursuant to Article 174 of the Treaty, in preparing its policy on the environment, the Community is to take account of available scientific and technical data, environmental conditions in the various regions of the Community, and the economic and social 8 9 OJ L 20, 26.1.1980, p. 43. Directive as amended by Directive 91/692/EEC (OJ L 377, 31.12.1991, p. 48). OJ C 355, 25.11.1996, p. 1. 12 (12) (13) (14) (15) development of the Community as a whole and the balanced development of its regions as well as the potential benefits and costs of action or lack of action; There are diverse conditions and needs in the Community which require different specific solutions; this diversity should be taken into account in the planning and execution of measures to ensure protection and sustainable use of water in the framework of the river basin; decisions should be taken as close as possible to the locations where water is affected or used; priority should be given to action within the responsibility of Member States through the drawing up of programmes of measures adjusted to regional and local conditions; The success of this Directive relies upon close cooperation and coherent action at Community, Member States and local level as well as on information, consultation and involvement of the public, including users; The supply of water is a service of general interest as defined in the Commission communication on Services of General Interest in Europe 10; Further integration of protection and sustainable management of water into other Community policy areas such as energy, transport, agriculture, fisheries, regional policy and tourism is necessary; this Directive should provide a basis for a continued dialogue and for the development of strategies towards a further integration of policy areas; this Directive can also make an important contribution to other areas of cooperation between Member States, inter alia, the European Spatial Development Perspective (ESDP); (15a) An effective and coherent water policy must take account of the vulnerability of aquatic ecosystems located near the coast and estuaries or in gulfs or relatively closed seas, as their equilibrium is strongly influenced by the quality of inland waters flowing into them. Protection of water status within river basins will provide economic benefits by contributing towards the protection of fish populations, including coastal fish population; (16) Community water policy requires a transparent, effective and coherent legislative the Community should provide common principles and the overall framework; framework for action; this Directive should provide for such a framework and coordinate and integrate, and, in a longer perspective, further develop the overall principles and structures for protection and sustainable use of water in the Community in accordance with the principles of subsidiarity; (17) This Directive aims at maintaining and improving the aquatic environment in the Community; this purpose is primarily concerned with the quality of the waters concerned; control of quantity is an ancillary element in securing good water quality and therefore measures on quantity, serving the objective of ensuring good quality, should also be established; (18) The quantitative status of a body of groundwater may have an impact on the ecological quality of surface waters and terrestrial ecosystems associated with that groundwater body; 10 OJ C 281, 26.9.1996, p. 3. 13 (19) (20) The Community and Member States are party to various international agreements containing important obligations on the protection of marine waters from pollution, in particular the Convention on the Protection of the Marine Environment of the Baltic Sea Area, signed in Helsinki on 9 April 1992 and approved by Council Decision 94/157/EC 11, the Convention for the Protection of the Marine Environment of the North-East Atlantic, signed in Paris on 22 September 1992 and approved by Council Decision 98/249/EC 12, and the Convention for the Protection of the Mediterranean Sea Against Pollution, signed in Barcelona on 16 February 1976 and approved by Council Decision 77/585/EEC 13, and its Protocol for the Protection of the Mediterranean Sea Against Pollution from Land-Based Sources, signed in Athens on 17 May 1980 and approved by Council Decision 83/101/EEC 14; this Directive is to make a contribution towards enabling the Community and Member States to meet those obligations; to The enhanced protection of This Directive is to contribut the aquatic environment requires the progressive reduction of emissions and discharges of hazardous substances, and the prevention of losses by leakage and accidental pollution of those substances, prioritised on the basis of their risk to or via the aquatic environment in line with the statement made by the Parties to the OSPAR Convention at Sintra in 1998; This will contribute to the target of cessation of emissions, discharges and losses by 2020, and the ultimate aim of concentrations in the marine environment near background values for naturally occurring substances and close to zero for man-made synthetic substances; Council and the European Parliament shall, on a proposal by the Commission, agree on the substances to be considered for action as a priority; Council and the European Parliament shall on proposals form the Commission, adopt measures for the progressive reduction of emissions of those substances, taking into account all sources to water; (21) Common principles are needed in order to coordinate Member States’ efforts to improve the protection of Community waters in terms of quantity and quality, to promote sustainable water use, to contribute to the control of transboundary water problems, to protect aquatic ecosystems, and terrestrial ecosystems and wetlands directly depending on them, and to safeguard and develop the potential uses of Community waters; (22) Common definitions of the status of water in terms of quality and, where relevant for the purpose of the environmental protection, quantity should be established; environmental objectives should be set to ensure that good status of surface water and groundwater is achieved throughout the Community and that deterioration in the status of waters is avoided at Community level; (23) Member States should aim to achieve the objective of at least good water status by defining and implementing the necessary measures within integrated programmes of measures, taking into account existing Community requirements; where good water status already exists, it should be maintained; for groundwater, in addition to the 11 12 13 14 OJ L 73, 16.3.1994, p. 19. OJ L 104, 3.4.1998, p. 1. OJ L 240, 19.9.1977, p 1. OJ L 67, 12.3.1983, p. 1. 14 requirements of good status, any significant and sustained upward trend in the concentration of any pollutant should be identified and reversed; Surface waters and groundwaters are in principle renewable natural resources; in particular, the task of ensuring good status of groundwater requires early action and stable long-term planning of protective measures, owing to the natural time-lag in its formation and renewal; such time-lag for improvement should be taken into account in timetables when establishing measures for the achievement of good status of groundwater and reversing any significant and sustained upward trend in the concentration of any pollutant in groundwater; In aiming to achieve the objectives set out in this Directive, and in establishing a programme of measures to that end, Member States may phase implementation of the programme of measures in order to spread the costs of implementation; In order to ensure a full and consistent implementation of this Directive any extensions of timescale should be made on the basis of appropriate, evident and transparent criteria and be justified by the Member States in the River Basin Management Plans; In cases where a body of water is so affected by human activity or its natural condition is such that it may be infeasible or unreasonably expensive to achieve good status, less stringent environmental objectives may be set on the basis of appropriate, evident and transparent criteria, and all practicable steps should be taken to prevent any further deterioration of the status of waters; There may be grounds for temporary exemptions from the requirement to prevent further deterioration or to achieve good status under specific conditions, if the failure is the result of unforseenunforeseeable or exceptional circumstances of natural cause or force majeure, in particular untypically extreme floods and untypically prolonged droughts, or, for reasons of overriding public interest, of new modifications to the physical characteristics of a surface water body or alterations to the level of bodies of groundwater, provided that all practicable steps are taken to mitigate the adverse impact on the status of the body of water; The objective of achieving good water status should be pursued for each river basin, so that measures in respect of surface water and groundwaters belonging to the same ecological and hydrological and hydrogeological system are coordinated; For the purposes of environmental protection there is a need for a greater integration of qualitative and quantitative aspects of both surface waters and groundwaters, taking into account the natural flow conditions of water within the hydrological cycle; (24) (25) (26) (27) (28) (29) (30) (31) Within a river basin where use of water may have transboundary effects, the requirements for the achievement of the environmental objectives established under this Directive, and in particular all programmes of measures, should be coordinated for the whole of the River Basin District; for river basins extending beyond the boundaries of the Community, Member States should endeavour to ensure the appropriate coordination with the relevant non-Member States; this Directive is to contribute to the implementation of Community obligations under international conventions on water protection and management, notably the United Nations Convention on the protection 15 (32) (33) (34) and use of transboundary water courses and international lakes, approved by Council Decision 95/308/EC 15 and any succeeding agreements on its application; It is necessary to undertake analyses of the characteristics of a river basin and the impacts of human activity as well as an economic analysis of water use; the development in water status should be monitored by Member States on a systematic and comparable basis throughout the Community; this information is necessary in order to provide a sound basis for Member States to develop programmes of measures aimed at achieving the objectives established under this Directive; Protection of water status will contribute towards securing the drinking water supply for the populations; For this purpose, Member States should identify waters used for the abstraction of drinking water, take appropriate preventive measures aiming at a reduction of the purification and pre-treatment needed in production of drinking water, and ensure compliance with Council Directive 80/778/EEC of 15 July 1980 relating to the quality of water intended for human consumption 16, or with Directive 98/83/EC. The use of economic instruments and water charging is may be appropriate as part of a programme of measures in order that charges for water services act as an incentive for the rational use of water resources so as to achieve the environmental objectives of this directive; the principle of recovery of all costs of water services, including environmental and resource costs associated with damage and negative impact on the aquatic environment should be taken into account for various sectors of the economy, disaggregated into at least domestic, industrial and agricultural users, in accordance with, in particular, the polluter pays principle; an economic analysis based on long-term forecasts of supply and demand for water in the river basin district will be necessary for this purpose.; (35) There is a need to prevent or reduce the impact of incidents in which water is accidentally polluted; measures with the aim of doing so should be included in the Programme of Measures; (36) With regard to pollution prevention and control, Community water policy should be based on a combined approach using control of pollution at source through the setting of emission limit values and of environmental quality standards; (37) For water quantity, overall principles should be laid down for control on abstraction, water transfer and impoundment in order to ensure the environmental sustainability of the affected water systems; (38) Common environmental quality standards and emission limit values for certain groups or families of pollutants should be laid down as minimum requirements in Community legislation; provisions for the adoption of such standards at Community level should be ensured; (39) There is a need to combat pollution through the discharge of various dangerous substances; the Council should, on a proposal from the Commission, agree on the substances to be considered for action as a priority and on specific measures to be 15 16 OJ L 186, 5.8.1995, p. 42. OJ L 229, 30.8.1980, p. 11, and OJ L 330, 5.12.1998, p. 32, respectively. 16 taken against pollution of water by those substances, taking into account all significant sources and identifying the cost-effective and proportionate level and combination of controls; (40) Member States should adopt measures to eliminate pollution of surface water by the priority substances and progressively to reduce pollution by other substances which would otherwise prevent Member States from achieving the objectives for the bodies of surface water; (40a) Community measures to protect human health from the adverse effects of ionising radiation from anthropogenic sources, in accordance with the Euratom Treaty, afford some protection for the environment; It is acknowledged that further measures are required to fully protect the environment, in accordance with the overall objectives of this Directive; (41) (42) (43) (44) To ensure the participation of the general public including users of water in the establishment and updating of river basin management plans, it is necessary to provide proper information of planned measures and to report on progress with their implementation with a view to the involvement of the general public before final decisions on the necessary measures are adopted; This Directive should provide mechanisms to address obstacles to progress in improving water status when these fall outside the scope of Community water for legislation, with a view to developing appropriate Community strategies overcoming them; The Commission should present annually an updated plan for any initiatives which it intends to propose for the water sector; Technical specifications should be laid down to ensure a coherent approach in the Community as part of this Directive; criteria for evaluation of water status are an important step forward; adaptation of certain technical elements to technical development and the standardisation of monitoring, sampling and analysis methods should be adopted by committee procedure; to promote a thorough understanding and consistent application of the criteria for characterisation of the river basin districts and evaluation of water status, the Commission may adopt guidelines on the application of these criteria; (44a) Since the measures necessary for the implementation of this Directive are measures of general scope within the meaning of Article 2 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission, they shall be adopted by use of the regulatory procedure provided for in Article 5 of that Decision. (45) The implementation of this Directive is to achieve a level of protection of waters at least equivalent to that provided in certain earlier acts, which should therefore be repealed once the relevant provisions of this Directive have been fully implemented; 17 (46) (47) The provisions of this Directive take over the framework for control of pollution by dangerous substances established under Directive 76/464/EEC17; that Directive should therefore be repealed once the relevant provisions of this Directive have been fully implemented; Full implementation and enforcement of existing environmental legislation for the protection of waters should be ensured; it is necessary to ensure the proper application of the Community by appropriate penalties provided for in Member States’ legislation; such penalties should be effective, proportionate and dissuasive, the provisions implementing this Directive throughout HAVE ADOPTED THIS DIRECTIVE: Article 1 Purpose The purpose of this Directive is to establish a framework for the protection of inland surface water, transitional waters, coastal waters and groundwater which: a) b) c) prevents further deterioration and protects and enhances the status of aquatic ecosystems and, with regard to their water needs, terrestrial ecosystems and wetlands directly depending on the aquatic ecosystems; promotes sustainable water use based on a long-term protection of available water resources; aims at enhanced protection and improvement of the aquatic environment through specific measures for the progressive reduction of emissions, discharges and losses of hazardous substances based on the prioritisation of those of greatest concern; and cd) contributes to mitigating the effects of floods and droughts and thereby contributes to: – – – – 17 the provision of the sufficient supply of good quality surface water and groundwater as needed for sustainable, balanced and equitable water use; the protection of territorial and marine waters; achieving the objectives of relevant international agreements including those which aim to prevent and eliminate pollution of the marine environment; and the progressively reduction of emissions of moving towards the target of cessation of discharges, emissions and losses of hazardous substances by the year 2020, with the ultimate aim of achieving concentrations in the marine environment near background values for naturally occurring substances and close to zero for man-made synthetic substances. OJ L 129, 18.5.1976, p. 23; Directive as amended by Directive 91/692/EEC (OJ L 377, 31.12.1991, p. 48). 18 Article 2 Definitions For the purposes of this Directive the following definitions shall apply: 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) "Surface water" means inland waters, except groundwater; transitional waters and coastal waters, except in respect of chemical status for which it shall also include territorial waters. "Groundwater" means all water which is below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil. "Inland water" means all standing or flowing water on the surface of the land, and all groundwater on the landward side of the baseline from which the breadth of territorial waters is measured. "River" means a body of inland water flowing for the most part on the surface of the land but which may flow underground for part of its course. "Lake" means a body of standing inland surface water. "Transitional waters" are bodies of surface water in the vicinity of river mouths which are partly saline in character as a result of their proximity to coastal waters but which are substantially influenced by freshwater flows. "Coastal water" means surface water on the landward side of a line every point of which is at a distance of one nautical mile on the seaward side from the nearest point of the baseline from which the breadth of territorial waters is measured, extending where appropriate up to the outer limit of transitional waters. "Artificial water body" means a body of surface water created by human activity. "Heavily modified water body" means a body of surface water which as a result of physical alterations by human activity is substantially changed in character, as designated by the Member State in accordance with the provisions of Annex II. "Body of surface water" means a discrete and significant element of surface water such as a lake, a reservoir, a stream, river or canal, part of a stream, river or canal, a transitional water or a stretch of coastal water. "Aquifer" means a subsurface layer or layers of rock or other geological strata of sufficient porosity and permeability to allow either a significant flow of groundwater or the abstraction of significant quantities of groundwater. "Body of groundwater" means a distinct volume of groundwater within an aquifer or aquifers. "River basin" means the area of land from which all surface run-off flows through a sequence of streams, rivers and, possibly, lakes into the sea at a single river mouth, estuary or delta. 19 14) 15) 16) 17) 18) 19) 20) 21) 22) 23) 24) 25) 26) 27) "Sub-basin" means the area of land from which all surface run-off flows through a series of streams, rivers and, possibly, lakes to a particular point in a water course (normally a lake or a river confluence). "River Basin District" means the area of land and sea, made up of one or more neighbouring river basins together with their associated groundwaters and coastal waters, which is identified under Article 3(1) as the main unit for management of river basins. "Competent Authority" means an authority or authorities identified under Article 3(2) or 3(3) . "Surface water status" is the general expression of the status of a body of surface water, determined by the poorer of its ecological status and its chemical status. "Good surface water status" means the status achieved by a surface water body when both its ecological status and its chemical status are at least "good". "Groundwater status" is the general expression of the status of a body of groundwater, determined by the poorer of its quantitative status and its chemical status. "Good groundwater status" means the status achieved by a groundwater body when both its quantitative status and its chemical status are at least "good". "Ecological status" is an expression of the quality of the structure and functioning of aquatic ecosystems associated with surface waters, classified in accordance with Annex V. "Good ecological status" is the status of a body of surface water, so classified in accordance with Annex V. "Good ecological potential" is the status of a heavily modified or an artificial body of water, so classified in accordance with the relevant provisions of Annex V. "Good surface water chemical status" means the chemical status achieved by a body of surface water in which concentrations of pollutants do not exceed the environmental quality standards established in Annex IX and under Article 16(5), and under other relevant Community legislation setting environmental quality standards at Community level. “Good surface water chemical status” is also the chemical status required to meet the environmental objectives for surface waters established in Article 4(1)(e) and (f). "Good groundwater chemical status" is the chemical status of a body of groundwater, which meets all the conditions set out defined in table 2.3.2 of Annex V. "Quantitative status" is an expression of the degree to which a body of groundwater is affected by direct and indirect abstractions. "Available groundwater resource" means the long term annual average rate of overall recharge of the body of groundwater less the long term annual rate of flow required to achieve the ecological quality objectives for associated surface waters specified under 20 Article 4, to avoid any significant diminution in the ecological status of such waters and to avoid any significant damage to associated terrestrial ecosystems. 28) "Good quantitative status" is the status defined in table 2.1.2 of Annex V. 28a) “Direct discharge to groundwater” means discharge of substances pursuant to Annex VIII into groundwater without passing through the soil or subsoil; 29) 30) "Pollutant" means any substance liable to cause pollution, in particular those listed in Annex VIII. "Pollution" means the direct or indirect introduction, as a result of human activity, of substances or heat into the air, water or land which may be harmful to human health or the quality of aquatic ecosystems or terrestrial ecosystems directly depending on aquatic ecosystems, which result in damage to material property, or which impair or interfere with amenities and other legitimate uses of the environment. 31) "Environmental objectives" means the objectives set out in Article 4. 32) "Environmental quality standard" means the concentration of a particular pollutant or group of pollutants or man-made radioactive substances in water, sediment or biota, which should not be exceeded in order to protect human health and the environment. (32a) “Combined approach” means the control of all discharges and emissions into surface waters according to the approach set out in Article 10. 33) "Water Directive 80/778/EEC, as amended by Directive 98/83/EC. intended for human consumption" has the same meaning as under 34) "Water services" means: (a) (b) all services providing abstraction, impoundment, distribution and treatment consumption, or use in any economic activity of surface water or groundwater; emission of pollutants into surface water and waste water collection and, waste facilities which subsequently discharge and waste water water treatment disposal into surface water. 35) "Water uses" means water services includes the main economic sectors such as domestic, agriculture and industry, amenities or other legitimate uses of the environment together with any other activity identified under Article 5 and Annex III having a significant impact on the status of water. This concept applies for the purposes of Article 1 and of the economic analysis carried out according to Article 5 and Annex III, point (b). 36) "Emission limit values" means the mass, expressed in terms of certain specific parameters, concentration and/or level of an emission, which may not be exceeded during any one or more periods of time. Emission limit values may also be laid down for certain groups, families or categories of substances, in particular for those identified under Article 16. 21 The emission limit values for substances shall normally apply at the point where the emissions leave the installation, dilution being disregarded when determining them. With regard to indirect releases into water, the effect of a waste water treatment plant may be taken into account when determining the emission limit values of the installations involved, provided that an equivalent level is guaranteed for protection of the environment as a whole and provided that this does not lead to higher levels of pollution in the environment. 37) "Emission controls" are controls requiring a specific emission limitation, for instance an emission limit value, or otherwise specifying limits or conditions on the effects, nature or other characteristics of an emission or operating conditions which affect emissions. Use of the term "emission control" in this Directive in respect of the provisions of any other Directive shall not be held as reinterpreting those provisions in any respect. Article 3 Coordination of administrative arrangements within River Basin Districts 1. Member States shall identify the individual river basins lying within their national territory and, for the purposes of this Directive, shall assign them to individual River Basin Districts. Small river basins may be combined with larger river basins or joined with neighbouring small basins to form individual River Basin Districts where appropriate. Where groundwaters do not fully follow a particular river basin, they shall be identified and assigned to the nearest or most appropriate River Basin District. Coastal waters shall be identified and assigned to the nearest or most appropriate River Basin District or Districts. 2. Member States shall ensure the appropriate administrative arrangements, including the identification of the appropriate competent authority, for the application of the rules of this Directive within each River Basin District lying within their territory. 3. Member States shall ensure that a river basin covering the territory of more than one Member State is assigned to an international River Basin District. At the request of the Member States involved, the Commission shall act to facilitate the assigning to such international River Basin Districts. Each Member State shall ensure the appropriate administrative arrangements, including the identification of the appropriate competent authority, for the application of the rules of this Directive within the portion of any international River Basin District lying within its territory. 4. Member States shall ensure that the requirements of this Directive for the achievement of the environmental objectives established under Article 4, and in particular all programmes of measures are coordinated for the whole of the River Basin District. For international River Basin Districts the Member States concerned shall together ensure this coordination. At the request of the Member States involved, the Commission shall act to facilitate the establishment of the programmes of measures. 5. Where a River Basin District extends beyond the territory of the Community, the Member State or Member States concerned shall endeavour to establish appropriate coordination with the relevant non-Member States, with the aim of achieving the 22 objectives of this Directive throughout the River Basin District. Member States shall ensure the application of the rules of this Directive within their territory. 6. Member States may identify an existing national or international body as competent authority for the purposes of this Directive. 7. Member States shall identify the competent authority by the date mentioned in Article 23. 8. Member States shall provide the Commission with a list of their competent authorities and of the competent authorities of all the international bodies in which they participate at the latest 6 months after the date mentioned in Article 23. For each competent authority the information set out in Annex I shall be provided. 9. Member States shall inform the Commission of any changes to the information provided according to paragraph 8 within three months of the change coming into effect. Article 4 Environmental objectives 1. Member States shall ensure that the programmes of measures specified in the River Basin Management Plans are made operational in order to: aim to achieve the objectives of: for groundwater: (ba) preventing deterioration of the chemical and quantitative status of groundwater, from the date of entry into force of this Directive, subject to the application of paragraphs 5 and 6 status; (b) (c) protect, enhance and restoreing all bodies of groundwater, and ensureing a balance between abstraction and recharge of groundwater; and prevent the input of anthropogenic pollutants into groundwater, subject to the application of Article 11.3(g), with the aim of achieving good groundwater status in all bodies of groundwater, in accordance with the provisions laid down in Annex V, at the latest 16 years after the date of entry into force of this Directive; and reverseing any significant and sustained upward trend in the concentration of any pollutant resulting from the impact of human activity in order to progressively reduce insignificantly pollution, thereby contributing to moving towards a state of anthropogenically polluted groundwater in all bodies of groundwater, subject to the application of extensions determined in accordance with paragraph 3 and to the application of paragraphs 4, 5 and 6. Where environmental quality standards are set out in Community legislation, trend reversal shall take as its starting point a maximum of half of the level of those quality standards; for surface water: 23 (d) prevent deterioration of the status of all surface waters, including artificial and heavily modified bodies of water, from the date of entry into force of this Directive, subject to the application of paragraphs 5 and 6; (ae) preventing deterioration of ecological status and pollution of surface waters andprotect, enhance and restoreing all surface waters, with the aim of achieving good surface water status or, for heavily modified and artificial bodies of water, good ecological potential and good surface water chemical status at the latest 16 years after the date of entry into force of this Directive, in all bodies of surface water, in accordance with the provisions laid down in Annex V, subject to the application of paragraph 1(f), extensions determined in accordance with paragraph 3 and to the application of paragraphs 4, 5 and 6 and without prejudice to the relevant international agreements referred to in Article 1 for the parties concerned; (f) protect and enhance the status of artificial and heavily modified bodies of water, with the aim of achieving good ecological potential and good surface water chemical status at the latest 16 years from the date of entry into force of this Directive, in all heavily modified and artificial bodies of water, in accordance with the provisions laid down in Annex V, subject to the application of extensions determined in accordance with paragraph 3 and to the application of paragraphs 5 and 6; (g) progressively reduce emissions, discharges and losses of hazardous substances to all bodies of surface water in accordance with the provisions laid down in Articles 10, 11, 16 and Annex V and thereby contribute to moving towards the ultimate target of cessation of discharges, emissions and losses of hazardous substances. For protected areas: (ch) achieveing compliance with any standards and objectives relating to Protected Areas, at the latest 16 years after the date of entry into force of this Directive, unless otherwise specified in the Community legislation under which the individual Protected Areas have been established, through phased implementation of measures taken under Article 11 in accordance with paragraph 3. 2. Where more than one of the objectives under paragraph 1 relates to a given body of water, the most stringent shall apply. 3. The deadlines established under points (b), (e), and (bf) of paragraph 1 may be extended for the purposes of phased achievement of the objectives under paragraph 1 for bodies of water when all the following conditions are met: (a) Member States determine that all necessary improvements in the status of bodies of water cannot reasonably be achieved within the timescales set out in that paragraph for at least one of the following reasons: - the scale of improvements required can, for reasons of technical feasibility, only be achieved in phases exceeding the timescale; - completing the improvements within the timescale would be disproportionately expensive; 24 - natural conditions do not allow rapid improvement in the status of the body of water; and; (b) no further deterioration occurs in the status of the affected body of water; and (bc) the extension of the deadline, and the reasons for it, are specifically set out and explained in the River Basin Management Plan required under Article 13; (cd) extensions are limited to periods which do not exceed the period covered by 32 further in cases where the natural updates of the River Basin Management Plan except conditions are such that the objectives cannot be achieved within this period. Other than in these latter cases, a request for the third extension must be submitted to the Commission, which shall take a decision on such request within 3 months. (e) a summary of the measures required under Article 11 which are envisaged as necessary to bring the bodies of water progressively to the required status by the extended deadline, the reasons for any delay in making these measures operational, and the expected timetable for their implementation are set out in the River Basin Management Plan. A review of the implementation of these measures and a summary of any additional measures shall be included in updates of the River Basin Management Plan. 4. Member States may aim to achieve less stringent environmental objectives than those required under paragraphs 1(a) and 1(b) and 1(e) for specific bodies of surface water and groundwater, where the body of water is so affected by past human activity or its natural condition is such that achievement of those objectives would be infeasible or disproportionately expensive, when both all the following conditions are met: (a) Member States determine that the body of water is so affected by human activity or its improvements in status would be infeasible or natural condition is such that unreasonably expensive; and (ba) the environmental and social needs served by the existing characteristics of the water body cannot be achieved by other means, which are a better practical environmental option; and (b) Member States ensure, -for surface water, the least possible changes to ecological status and chemical status given the unavoidable impacts due to the nature of the past human activity or past pollution; - for groundwater, the least possible changes to groundwater level and chemical status given the unavoidable impacts due to the nature of the past human activity or past pollution; and (c) no further deterioration occurs in the status of the affected body of water; (cd) the establishment of less stringent environmental objectives, and the reasons for it, are specifically mentioned in the River Basin Management Plan required under Article 13 and those objectives are reviewed every 6 years. 4a. new paragraph 25 Member States may designate a body of surface water as artificial or heavily modified, where a) making improvements necessary for achieving good ecological status would have significant adverse effects on: i) ii) the wider environment; or navigation, including port facilities, or recreation; or activities for the purposes of which water is stored, such as drinking water iii) supply, power generation or irrigation;or iv) water regulation, flood protection or land drainage and other similar purposes;or v) extraction of raw materials; (b) the beneficial objetives served by the artificial or heavily modified characteristics of the water body cannot be achieved by other means, which are a better practical environmental option; and (c) modifications are such that they allow for the best practicable approximation to in particular with respect to migration of fauna and ecological continuum, appropriate spawning and breeding grounds. Such designation must be specifically mentioned in the River Basin Management Plans required under Article 13 and those designations are reviewed every 6 years. 5. (a) (b) (c) (d) Temporary Ddeterioration in the status of bodies of water shall not be in breach of the requirements of this Directive if this is the result of natural timelag in recovery or taking effect of measures, unforeseenunforeseeable or exceptional circumstances of natural cause or force majeure, in particular untypically extreme floods and untypically prolonged droughts, when all of the following conditions have been met: all practicable steps are taken with the aim of to preventing further deterioration in status and in order not to compromise the achievement of the objectives of this Directive in other bodies of water not affected by those circumstances; the conditions under which such or exceptional circumstances may be declared, including the adoption of the appropriate indicators, are stated in the River Basin Management Plan; the measures to be taken under such exceptional circumstances are included in the programme of measures and will not compromise the recovery of the quality of the body of water once the circumstances are over; the effects of thosee unforeseen or exceptional circumstances are reviewed annually and, subject to paragraph 3(a), for situations other than floods and droughts, any practicable measures are taken with the aim of restoring the body of water to its status prior to the effects of those circumstances as soon as reasonably practicable; and 26 (e) 6. a summary of the effects of the circumstances and of the measures taken or to be taken in accordance with paragraphs (a) and (d) are included in the next update of the River Basin Management Plan. Failure to achieve good groundwater status, good ecological status or, where relevant, good ecological potential or to prevent deterioration in the status of a body of surface water or groundwater shall not be in breach of this Directive where this is the result of new modifications to the physical characteristics of a surface water body or alterations to the level of bodies of groundwater where Member States determine that there are reasons of overriding public interest for making these modifications or alterations for the purposes given in sections 1.6 (designation of artificial or heavily modified bodies) or 2.4 (review of the impact of changes in groundwater levels) of Annex II, and the following conditions are met: (a) the reasons for the modifications or alterations are of overriding public interest and/or, the benefits to the environment and to society of achieving the objectives set out in Article 4(1) are outweighed by the benefits of the modifications or alterations to human health, the maintenance of human safety or to sustainable development of the local areas in which the water body is located; and (b) the beneficial objectives served by the modifications or alterations of the water body cannot be achieved by other means, which are a better practical environmental option; and (ac) all practicable steps are taken to mitigate the adverse impact on the status of the body of water; (bd) t The reasons for the modifications or alterations must be are specifically set out and explained in the River Basin Management Plan required under Article 13 and the objectives are reviewed every 6 years. 7. When applying paragraphs 3, 4, 5 and 6, a Member State shall ensure that the application does not permanently exclude or compromise the achievement of the objectives of this Directive in other bodies of water within the same River Basin District and is consistent with the implementation of other Community environmental legislation. Article 5 Characteristics of the River Basin District, Review of the environmental impact of human activity and Economic Analysis of water use Each Member State shall ensure that for each River Basin District or for the portion of an international River Basin District falling within its territory: analysis an characteristics, of its geographical, geological, hydrological and ecological a review of the impact of human activity on the status of surface waters and on groundwater, and an economic analysis of water use 27 1. – – – is undertaken according to the technical specifications set out in Annexes II and III and that it is completed at the latest 5 years after the date of entry into force of this Directive. 2. The analyses and reviews mentioned under paragraph 1 shall be reviewed, and if necessary updated at the latest 13 years after the date of entry into force of this Directive and every six years thereafter. Article 6 Register of Protected Areas 1. Member States shall ensure the establishment of a register or registers of all areas lying within each River Basin District which have been designated as requiring special protection under specific Community legislation for the protection of their surface water and groundwater or for the conservation of habitats and species directly depending on water. They shall ensure that the register is completed at the latest 5 years after the date of entry into force of this Directive. 2. 3. The register or registers shall include all bodies of water identified under Article 7(1) and all Protected Areas covered by Annex IV. For each River Basin District, the register or registers of Protected Areas shall be kept under review and up to date. Article 7 Waters used for the abstraction of drinking water 1. Member States shall identify, within each River Basin District: – – all bodies of water used for the abstraction of water intended for human consumption providing more than 10m³ a day as an average or serving more than fifty persons, and those bodies of water intended for such future use. Member States shall monitor, in accordance with Annex V, those bodies of water which according to Annex V, provide more than 100m3 a day as an average. 2. For each body of water identified under paragraph 1, in addition to meeting the objectives of Article 4 in accordance with the requirements of this Directive, for surface water bodies including the quality standards established at Community level under Article 16, Member States shall ensure that under the water treatment regime applied, and in accordance with Community legislation, the requirements of Directive 80/778/EEC as amended by Directive 98/83/EC. the resulting water will meet 3. Member States shall ensure the necessary protection for the bodies of water identified with the aim of avoiding deterioration in their status and the aim of moving towards a reduction of the purification and pre-treatment needed in the production of drinking water. Member States may establish safeguard zones for those bodies of water. 28 Article 8 Monitoring of surface water status, groundwater status and protected areas 1. Member States shall ensure the establishment of programmes for the monitoring of water status in order to establish a coherent and comprehensive overview of water status within each River Basin District: – – – 2. for surface waters such programmes shall cover monitoring of the volume and level or rate of flow and the ecological and chemical status; for groundwaters such programmes shall cover monitoring of the chemical and quantitative status; for protected areas the above programmes shall be supplemented by those specifications contained in Community legislation under which the individual protected areas have been established. These programmes shall be operational at the latest 7 years after the date of entry into force of this Directive unless otherwise specified in the legislation concerned. Such monitoring shall be in accordance with the requirements of Annex V. Article 9 Water charging and recovery of costs for water services 1. Member States shall ensure by 2010: - a charging system for water services, which acts as an incentive for the sustainable use of water resources so as to achieve the environmental objectives of this Directive; take account of the principle of recovery of the costs of water services, including environmental and resource costs, - that the various sectors of the economy, a distinction being drawn at least between domestic industrial and agricultural users, contribute fairly to the recovery of all the costs of water services having regard to the economic analysis conducted in accordance with Article 5 and Annex III and in accordance with the polluter pays principle; according to Annex III, and in accordance in particular with the polluter pays principle. Member States may in doing so have regard to the resulting social, environmental and economic effects of the recovery as well as the geographic and climatic conditions of the region or regions affected. 2. Member States shall establish timetables for the full application of the provisions of this Article. Details of such timetables shall be included in the River Basin Management Plans required under Article 13. 3. Member States shall report in the River Basin Management Plans on implementation of a charging system that offers incentives to achieve the environmental objectives of this Directive and on the contribution made by the various sectors of the economy to the recovery of all the costs of water services.the practical steps and measures taken to apply this principle 29 3. Nothing in this Article shall prevent the funding of particular preventative or remedial measures in order to achieve the objectives of this Directive. Article 10 The combined approach for point and diffuse sources 1. Member States shall ensure that relevant all discharges into surface waters subject to control as specified under paragraph 2 are controlled according to the combined approach set out in this Article. 2. Member States shall ensure the establishment and/or implementation of: (a) (b) (c) the emission controls based on Best Available Techniques; or the relevant emission limit values; or in the case of diffuse impacts the controls including, as appropriate, Best Environmental Practices; set out in: – – – – – – Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control18, Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment19, Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources20, the Directives adopted pursuant to Article 16 of this Directive, the Directives listed in Annex IX, any other relevant Community legislation at the latest 13 years after the date of entry into force of this Directive, unless otherwise specified in the legislation concerned. 3. Where a quality objective or quality standard, whether established pursuant to this Directive, in the Directives listed in Annex IX, or pursuant to any other Community from the requires stricter conditions than those which would result legislation, application of paragraph 2, more stringent emission controls shall be set accordingly. 4. Member States may exempt from these control discharges and emissions, which have no significant impact on water status. 18 19 20 OJ L 257, 10.10.1996, p. 26. OJ L 135, 30.5.1991, p. 40. Directive as amended by Commission Directive 98/15/EC (OJ L 67, 7.3.1998, p. 29). OJ L 375, 31.12.1991, p. 1. 30 Article 11 Programme of measures 1. 2. 3. (a) Each Member State shall ensure the establishment for each River Basin District, or for the part of an International River Basin District within its territory, of a programme of measures, taking account of the results of the analyses required under Article 5, with the aim of designed to moveing progressively towards achieving the objectives established under Article 4. Where appropriate, a Member State may adopt measures applicable to all River Basin Districts and/or the portions of International River Basin Districts falling within its territory. Each programme of measures shall paragraph 3 and, where necessary, "supplementary" measures. include the "basic" measures specified in "Basic measures" are the minimum requirements to be complied with and shall consist of: those measures required to implement Community legislation for the protection of water, including measures required under the legislation specified in Article 10 and in part A of Annex VI; (b) measures deemed appropriate for the purposes of Article 9; (c) measures to meet the requirements of Article 7, including measures with regard to provisioning a basic supply of drinking water for domestic purposes; (d) (e) controls over the abstraction of fresh surface water and groundwater, and impoundment of fresh surface water, including a register or registers of water abstractions and a requirement of prior authorisation for abstraction, transfer and impoundment. These controls shall be periodically reviewed and, where necessary, updated. Member States can exempt from these controls, abstractions, transfers or impoundments which have no significant impact on water status; for point source discharges liable to cause pollution, a requirement for prior authorisation, or registration based on general binding rules, laying down emission controls for the pollutants concerned in accordance with Article 10. These controls shall be periodically reviewed and, where necessary, updated; (f) measures to ensure, where practicable, the control and, where necessary, prevention of any other significant adverse impacts on the status of water identified under Article 5 and Annex II which would prevent the achievement of the objectives under Article 4. For surface water, in particular measures: - to progressively reduce emissions, discharges and losses of hazardous substances; - to achieve good ecological potential for bodies of water designated as artificial or heavily modified; - to improve water status to allow moving towards the aim of a reduction of the purification and pre-treatment needed in the production of drinking water; 31 - to ensure that the hydro-morphological condition of the water body is such as to ensure the achievement of the objectives set out in Article 4; For groundwater, in particular measures: - to prevent the input of anthropogenic substances, including, as appropriate, the use of best environmental practices, and - to ensure a balance between abstraction and recharge of groundwater. by, for example, Controls may take the form of a requirement for prior regulation, such as a prohibition on the entry of pollutants into water, prior authorisation or registration based on general binding rules where such a requirement is not otherwise provided for under Community legislation. These controls shall be periodically reviewed and, where necessary, updated; (g) a prohibition of direct discharges of pollutants into groundwater subject to the following provisions. Member States may authorise re-injection into the same aquifer of water used for geothermal purposes. They may also authorise, specifying the conditions for: – – – – – – injection of water containing substances resulting from the operations for exploration and extraction of hydrocarbons or mining activities, and injection of water for technical reasons, into geological formations from which hydrocarbons or other substances have been extracted or into geological formations which for natural reasons are permanently unsuitable for other purposes. Such injections shall not contain substances other than those resulting from the above operations, re-injection of pumped groundwater from mines and quarries or associated with the construction or maintenance of civil engineering works, injection of natural gas or liquefied petroleum gas (LPG) for storage purposes into geological formations which for natural reasons are permanently unsuitable for other purposes, injection of natural gas or liquefied petroleum gas (LPG) for storage purposes into other geological formations where there is an overriding need for security of gas supply, and where the injection is such as to prevent any present or future danger of deterioration in the quality of any receiving groundwater, construction, civil engineering and building works and similar activities on or in the ground which come into contact with groundwater. For these purposes, Member States may determine that such activities are to be treated as having been authorised provided that they are conducted in accordance with general binding rules developed by the Member State in respect of such activities, small quantities of discharges of for characterisation, protection or remediation of water bodies limited to the amount strictly scientific purposes substances for 32 provided such discharges do not compromise the achievement of the environmental objectives established for that body of groundwater. (h) Member States may authorise Controls for artificial recharge or augmentation of groundwater bodies. The water used may be derived from any surface water or groundwater, provided that the use of the source does not compromise the achievement of the environmental objectives established for the source or the recharged or augmented body of groundwater; (hi) (ij) 4. in accordance with action taken pursuant to Article 16, measures to eliminate pollution of surface waters by those substances specified in the priority list agreed pursuant to Article 16(2) and to progressively reduce pollution by other substances which would otherwise prevent Member States from achieving the objectives for the bodies of surface waters as set out in Article 4; any measures required to prevent significant leakage of pollutants from technical installations, and to prevent and/or to reduce the impact of accidental pollution incidents for example as a result of floods, including through systems to detect or give warning of such events. "Supplementary" measures are those measures designed and implemented in addition to the basic measures, with the aim of achieving the objectives established pursuant to Article 4. Part B of Annex VI contains a non-exclusive list of such measures. Member States may also adopt further supplementary measures in order to provide for additional protection or improvement of the waters covered by this Directive, including in implementation of the relevant international agreements referred to in Article 1. 5. Where monitoring or other data indicate that the objectives set under Article 4 for the body of water are unlikely to be achieved, the Member State shall ensure that: – - - – the causes of the possible failure are investigated, including appropriate review of all relevant permits and authorisations;, and the monitoring programmes are reviewed and appropriately adjusted; the established environmental quality standards of the water body are reviewed; such additional measures as may be practicable necessary in order to achieve those objectives are established, including environmental quality standards. Where those causes are unforeseenunforeseeable or due to exceptional circumstances, including floods or droughts, subject to Article 4(3)(a), 3 indent, the Member State may determine that additional measures are not practicable. 6. In implementing measures pursuant to paragraphs 3(e) and 3(f), Member States shall take all appropriate steps not to increase pollution of marine waters and contribute to moving towards the target of cessation of discharges, emissions and losses of hazardous substances by the year 2020, with the ultimate aim of achieving concentrations in the marine environment near background values for naturally occurring substances and close to zero for man-made synthetic substances. Without prejudice to existing legislation, to paragraph 3 may on no account lead, either directly or indirectly to increased pollution the application of measures taken pursuant 33 of surface waters. This requirement shall not apply where it would result in increased pollution of the environment as a whole. 7. 8. The programmes of measures shall be established at the latest 10 years after the date of entry into force of this Directive and all the measures shall be made operational at the latest 13 years after that date. The programmes of measures shall be reviewed, and if necessary updated at the latest 16 years after the date of entry into force of this Directive and every six years thereafter. Any new or revised measures established under an updated programme shall be made operational within three years of their establishment. Article 12 Issues which can not be dealt with at Member State level 1. Where a Member State identifies an issue which has an impact on the management of its water but can not be resolved by that Member State, it may report the issue to the Commission and any other Member State concerned and may make recommendations for the resolution of it. 2. The Commission shall respond to any report or recommendations from Member States within a period of six months. Article 13 River Basin Management Plans 1. Member States shall ensure that a River Basin Management Plan is produced for each lying entirely within their territory in order to achieve the River Basin District objectives laid down in Article 4. 2. 3. 4. 5. In the case of an international River Basin District falling entirely within the Community, Member States shall ensure coordination with the aim of producing a single International River Basin Management Plan in order to achieve the objectives laid down in Article 4. Where such an international River Basin Management Plan is not produced, Member States shall produce River Basin Management Plans covering at least those parts of the international River Basin District falling within their territory to achieve the objectives of this Directive. In the case of an international River Basin District extending beyond the boundaries of the Community, Member States shall endeavour to produce a single River Basin Management Plan, and, where this is not possible, the plan shall at least cover the portion of the international River Basin District lying within the territory of the Member State concerned. The River Basin Management Plan shall include the information detailed in Annex VII. River Basin Management Plans may be supplemented by the production of more detailed programmes and management plans for sub-basin, sector, issue, or water type, to deal with particular aspects of water management. Implementation of these measures 34 shall not exempt Member States from any of their obligations under the rest of this Directive. 6. 7. River Basin Management Plans shall be published at the latest 10 years after the date of entry into force of this Directive. River Basin Management Plans shall be reviewed and updated at the latest 16 years after the date of entry into force of this Directive and every six years thereafter. Article 14 Public information and consultation 1. Member States shall encourage the active involvement of all interested parties in the implementation of this Directive, in particular in the production, review and updating of the River Basin Management Plans. Member States shall ensure that, for each River Basin District, they publish and make available for comments to the public, including users: (a) (b) (c) a timetable and work programme for the production of the plan, including a statement of the consultation measures to be taken, at least three years before the beginning of the period to which the plan refers; an interim overview of the significant water management issues identified in the river basin, at least two years before the beginning of the period to which the plan refers; draft copies of the River Basin Management Plan, at least one year before the beginning of the period to which the Plan refers. Upon request access shall be given to background documents and information used for the development of the draft River Basin Management Plan. 2. Member States shall allow at least six months to comment documents in order to allow active involvement and consultation. in writing on those 3. Paragraphs 1 and 2 shall apply equally to updated River Basin Management Plans. Article 15 Reporting 1. Member States shall send copies of the River Basin Management Plans and all subsequent updates to the Commission and to any other Member State concerned within three months of their publication: (a) (b) for River Basin Districts falling entirely within the territory of a Member State, all River Management Plans covering that national territory and published pursuant to Article 13; for international River Basin Districts, at least the part of the River Basin Management Plans covering the territory of the Member State. 2. Member States shall submit summary reports of: 35 – – the analyses required under Article 5; and the monitoring programmes designed under Article 8 undertaken for the purposes of the first River Basin Management Plan within 3 months of their completion. 3. Member States shall, within three years of the publication of each River Basin Management Plan or update under Article 13, submit an interim report describing progress in the implementation of the planned programme of measures. Article 16 Strategies against pollution of water 1. 2. (a) (b) The European Parliament and the Council shall adopt specific measures against pollution of water by individual pollutants or groups of pollutants presenting an unacceptable risk to or via the aquatic environment, including such risks to waters used for the abstraction of drinking water. Such measures shall be aimed at preventing the pollution of waters by progressively reducing emissions, discharges and losses of hazardous substances based on the prioritisation of those of greatest concern following the procedure set out in paragraph 2 and thereby contributing to moving towards the target of their cessation. Such measures shall be adopted acting on the proposals presented by the Commission in accordance with the procedures laid down in the Treaty. The Commission shall submit a proposal setting out a first priority list of priority substances by 31 December 1999. Substances shall be prioritised for action on the basis of risk to or via the aquatic environment, identified by: risk assessment carried out under Council Regulation (EEC) No 793/9321, Council Directive 91/414/EEC22, and Directive 98/8/EC of the European Parliament and of the Council23; or (following the methodology of Regulation (EEC) targeted risk-based assessment No 793/93) focusing solely on aquatic ecotoxicity and on human toxicity via the aquatic environment; or, where this proves impracticable within the timescale; (c) a simplified risk-based assessment procedure based on scientific principles taking particular account of: (i) evidence regarding the intrinsic hazard of the substance concerned, and in particular its aquatic ecotoxicity and human toxicity via aquatic exposure routes; and (ii) evidence from monitoring of widespread environmental contamination; and 21 22 23 OJ L 84, 5.4.1993, p. 1. OJ L 230, 19.8.1991, p. 1. Directive as last amended by Directive 98/47/EC (OJ L 191, 7.7.1998, p. 50). OJ L 123, 24.4.1998, p. 1. 36 (iii) other proven factors which may indicate the possibility of widespread environmental contamination, such as production or use volume of the substance concerned, and use patterns. The Commission shall review the adopted priority list on a triennial basis at the latest 6 years after the date of entry into force of this Directive and at least every six years thereafter, and come forward with proposals as appropriate. 3. 4. 5. 6. 7. 8. In preparing its proposal, the Commission shall take account of recommendations from the Scientific Committee on Toxicity, Ecotoxicity and the Environment, Member States, the European Parliament, the European Environment Agency, Community research programmes, international organisations to which the Community is a party, European business organisations including those representing small and medium-sized enterprises, European environmental organisations, and of other relevant information which comes to its attention. For the substances on the priority list, the Commission shall submit proposals for the progressive reduction of controls on the principal sources of the emissions, discharges and losses concerned one year after each triennial list, or more frequently as appropriate. The Commission’s proposal shall have regard to the aim of moving towards the target of cessation of emissions, discharges and losses of hazardous substances. In doing so it shall take account of both point and diffuse sources and shall identify the most appropriate cost-effective and proportionate level and combination of product and process controls and take account of uniform emission standards limit values for process controls. Where appropriate, action at Community level for process controls may be established on a sector-by-sector basis. Where product controls include a review of the relevant authorisations issued under Directive 91/414/EEC and Directive 98/8/EC, such reviews shall be carried out in accordance with the provisions of those Directives. Each proposal for controls shall specify arrangements for their review, updating and for assessment of their effectiveness. The Commission shall submit proposals for quality standards applicable to the concentrations of the priority substances in surface water, sediments or biota. The Commission shall submit proposals, in accordance with paragraphs 4 and 5, and at least for emission controls for point sources and environmental quality standards within 1 year of the inclusion of the substance concerned on the priority list. For substances included in the first priority list, in the absence of agreement at Community level 7 years after the date of entry into force of this Directive, Member States shall establish environmental quality standards for these substances for all surface waters affected by discharges of those substances and controls on the principal sources of such discharges, based inter alia on consideration of all technical reduction options. For substances subsequently included in the priority list, in the absence of agreement at Community level, Member States shall take such action 5 years after the date of inclusion in the list. The Commission may prepare strategies against pollution of water by any other pollutants or groups of pollutants, including any pollution which occurs as a result of accidents. In preparing its proposals under paragraphs 4 and 5, the Commission shall also review all the Directives listed in Annex IX. It shall propose, by the deadline in paragraph 6, a revision of the controls in Annex IX for all those substances which are included in the 37 priority list and shall propose the appropriate measures including the possible repeal of the controls under Annex IX for all other substances. All the controls in Annex IX for which revisions are proposed shall be repealed by the date of entry into force of those revisions. 9. The priority list of substances proposed by the Commission shall, on its adoption by the European Parliament and the Council, become Annex X to this Directive. Article 17 Commission Report 1. The Commission shall publish a report on the implementation of this Directive at the latest 12 years after the date of entry into force of this Directive and every six years thereafter, and shall submit it to the European Parliament and to the Council. 2. The Report shall include the following: (a) a review of progress in the implementation of the Directive; (b) (c) (d) (e) (f) 3. 4. 5. a review of the status of surface water and groundwater in the Community undertaken in coordination with the European Environment Agency; a survey of the River Basin Management Plans submitted in accordance with Article 15, including suggestions for the improvement of future plans; a summary of the response to each of the reports or recommendations to the Commission made by Member States pursuant to Article 12; a summary of any proposals, control measures and strategies developed under Article 16; a summary of the responses to comments made by the European Parliament and the Council on previous implementation reports. The Commission shall also publish a report on progress in implementation based on the summary reports that Member States submit under Article 15(2), and submit it to the European Parliament and the Member States, at the latest 2 years after the dates referred to in Articles 5 and 8. The Commission shall, within three years of the publication of each report under paragraph 1, publish an interim report describing progress in implementation on the basis of the interim reports of the Member States as mentioned in Article 15(3). This shall be submitted to the European Parliament and to the Council. The Commission shall convene when appropriate in line with the reporting cycle a conference of interested parties on Community Water Policy from each of the Member States, to comment on the Commission’s implementation reports and to share experiences. 38 Participants should include representatives from the competent authorities, the European Parliament, NGOs, the social and economic partners, consumer bodies, academics and other experts. Article 18 Plans for future Community measures 1. Once a year, the Commission shall for information purposes present to the Committee referred to in Article 20 an indicative plan of measures having an impact on water legislation which it intends to propose in the near future, including any emerging from the proposals, control measures and strategies developed under Article 16. The Commission shall make the first such presentation at the latest 2 years after the date of entry into force of this Directive. 2. The Commission will review this Directive at the latest 19 years after the date of its entry into force and will propose any necessary amendments to it. Article 19 Technical adaptations to the Directive Annexes I, III and section 1.3.6 of Annex V may be adapted to scientific and technical progress in accordance with the procedures laid down in Article 20, taking account of the periods for review and updating of the River Basin Management Plans as referred to in Article 13. Where necessary, the Commission may adopt guidelines on the implementation of Annexes II and V in accordance with the procedures laid down in Article 20. including statistical and For the purpose of transmission and processing of data, cartographic data, technical formats for the purpose of paragraph 1 may be adopted in accordance with the procedures laid down in Article 20. Article 20 Regulatory committee The Commission shall be assisted by a regulatory committee composed of the representatives of the Member States and chaired by the representative of the Commission. 1. 2. 1. 2. Where reference is made to this paragraph, the regulatory procedure laid down in Article 5 of Decision 1999/468/EC shall apply, in compliance with Article 7(3) and Article 8 thereof. 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 205(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 39 committee shall be weighted in the manner set out in that Article. The chairman shall not vote. 3. The period provided for in Article 5(6) of Decision 1999/468/EC shall be 3 months. If the European Parliament indicates, in a Resolution setting out the grounds on which it is based, that draft implementing measures, the adoption of which is contemplated and which have been submitted to the committee pursuant to this Directive would exceed the implementing powers provided for in this Directive, the Commission shall re- examine the draft measures. Taking the Resolution into account and within the time- limits of the procedure under way, the Commission may submit new draft measures to the committee, continue with the procedure or submit a proposal to the European Parliament and the Council on the basis of the Treaty. The Commission shall inform the European Parliament and the committee of the action which it intends to take on the Resolution of the European Parliament and of its reasons for doing so. 4. 5. 6. 7. The Commission shall, without prejudice to paragraph 3, adopt the measures envisaged if they are in accordance with the opinion of the committee. 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 and shall inform the European Parliament. If the European Parliament considers that a proposal submitted by the Commission pursuant to this Directive exceeds the implementing powers provided for in this Directive, it shall inform the Council of its position. The Council may, where appropriate, in view of any such position, act by qualified majority on the proposal, within a period of three months from the date of referral to the Council. If within that period the Council has indicated by qualified majority that it opposes the proposal, the Commission shall re-examine it. It may submit an amended proposal to the Council, re-submit its proposal or present a legislative proposal on the basis of the Treaty. If on the expiry of that period the Council has neither adopted the proposed implementing act nor indicated its opposition to the proposal for implementing measures, the proposed implementing act shall be adopted by the Commission." 1. – 24 Article 21 Repeals and transitional provisions The following shall be repealed with effect from 7 years after the date of entry into force of this Directive: Directive 75/440/EEC of 16 June 1975 concerning the quality required of surface water intended for the abstraction of drinking water in the Member States 24, OJ L 194, 25.7.1975, p. 26. Directive as last amended by Directive 91/692/EEC (OJ L 377, 31.12.1991, p. 48). 40 – – 2. – – – – Council Decision 77/795/EEC of 12 December 1977 establishing a common procedure in the for Community25, information on the quality of surface freshwater the exchange of Council Directive 79/869/EEC of 9 October 1979 concerning the methods of measurement and frequencies of sampling and analysis of surface water intended for the abstraction of drinking waters in the Member States26. The following shall be repealed with effect from 13 years after the date of entry into force of this Directive: Council Directive 78/659/EEC of 18 July 1978 on the quality of freshwaters needing protection or improvement in order to support fish life27, Council Directive 79/923/EEC of 30 October 1979 on the quality required of shellfish waters28, Council Directive 80/68/EEC of 17 December 1979 on the protection of groundwater against pollution caused by certain dangerous substances29, Directive 76/464/EEC, with the exception of Article 6, which shall be repealed with effect from the entry into force of this Directive. 3. The following transitional provisions shall apply for Directive 76/464/EEC: (a) (b) 4. the priority list adopted under Article 16 of this Directive shall replace the list of substances prioritised in the Commission Communication to the Council of 22 June 1982; for the purposes of Article 7 of Directive 76/464/EEC, Member States may apply the principles for the identification of pollution problems and the substances causing them, the establishment of quality standards, and the adoption of measures, laid down in this Directive. The environmental objectives in Article 4 and environmental quality standards established in Annex IX and pursuant to Article 16(5), and by Member States under Annex V for substances not on the priority list and under Article 16(6) in respect of priority substances for which Community standards have not been set, shall be regarded as environmental quality standards for the purposes of point 7 of Article 2 and Article 10 of Directive 96/61/EC. 5. Where a substance on the priority list adopted under Article 16 is not included in Annex VIII to this Directive or in Annex III to Directive 96/61/EC, it shall be added thereto. 25 26 27 28 29 OJ L 334, 24.12.1977, p. 29. Decision as last amended by the 1994 Act of Accession. OJ L 271, 29.10.1979, p. 44. Directive as last amended by the 1994 Act of Accession. OJ L 222, 14. 8.1978, p. 1. Directive as last amended by the 1994 Act of Accession. OJ L 281, 10.11.1979, p. 47. Directive as amended by Directive 91/692/EEC (OJ L 377, 31.12.1991, p. 48). OJ L 20, 26.1.1980, p. 43. 41 6. For bodies of surface water, environmental objectives established under the first River Basin Management Plan required by this Directive shall, as a minimum, give effect to quality implement at Directive 76/464/EEC. standards stringent required those least as as to Article 22 Penalties Member States shall determine penalties applicable to breaches of the national provisions adopted pursuant to this Directive. The penalties thus provided for shall be effective, proportionate and dissuasive. Article 23 Implementation 1. Member States shall bring into force the laws, regulations and administrative provisions the latest (....................)*. They shall necessary to comply with this Directive at 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 a 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 texts of the main provisions in the field governed by this Directive. The of national Commission shall inform the other Member States thereof. law which they adopt Article 24 Entry into force This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities. * Three years after the date of entry into force of this Directive. 42 Article 25 Addressees This Directive is addressed to the Member States. Done at Brussels, For the European Parliament The President For the Council The President 43 ANNEX I INFORMATION REQUIRED FOR THE LIST OF COMPETENT AUTHORITIES As required under Article 3(8), the Member States shall provide the following information on all competent authorities within each of its River Basin Districts as well as the portion of any international River Basin District lying within their territory. (i) Name and address of the competent authority –the official name and address of the authority identified under Article 3(2). (ii) Geographical coverage of the River Basin District – the names of the main rivers within the River Basin District together with a precise description of the boundaries of the River Basin District. This information should as far as possible be available for introduction into a Geographic Information System (GIS) and/or the Geographic Information System of the Commission (GISCO). (iii) Legal status of competent authority – a description of the legal status of the competent authority and, where relevant, a summary or copy of its statute, founding treaty or equivalent legal document. (iv) Responsibilities – a description of the legal and administrative responsibilities of each competent authority and of its role within each River Basin District. (v) Membership – where the competent authority acts as a coordinating body for other competent authorities, a list is required of these bodies together with a summary of the institutional relationships established in order to ensure coordination. (vi) International relationships – where a River Basin District covers the territory of more than one Member State or includes the territory of non-Member States, a summary is required of the institutional relationships established in order to ensure coordination. ________________________ 44 ANNEX II 1. SURFACE WATERS 1.1 Characterisation of surface water body types Member States shall identify the location and boundaries of bodies of surface water and shall carry out an initial characterisation of all such bodies in accordance with the following methodology. Member States may group surface water bodies together for the purposes of this initial characterisation. The surface water bodies within the river basin district shall be identified as falling within either one of the following surface water categories – rivers, lakes, transitional waters or coastal waters – or as artificial surface water bodies or heavily modified surface water bodies; For each surface water category, the relevant surface water bodies within the river basin district shall be differentiated according to type. These types are those defined using either "system A" or "system B" identified in section 1.2; If system A is used, the surface water bodies within the river basin district shall first be differentiated by the relevant ecoregions in accordance with the geographical areas identified in section 1.2 and shown on the relevant map in Annex XI. The water bodies within each ecoregion shall then be differentiated by surface water body types according to the descriptors set out in the tables for system A; If System B is used, Member States must achieve at least the same degree of differentiation as would be achieved using System A. Accordingly, the surface water bodies within the river basin district shall be differentiated into types using the values for the obligatory descriptors and such optional descriptors, or combinations of descriptors, as are required to ensure that type specific biological reference conditions can be reliably derived; (i) (ii) (iii) (iv) (v) For artificial and heavily modified surface water bodies the differentiation shall be undertaken in accordance with the descriptors for whichever of the surface water categories most closely resembles the heavily modified or artificial water body concerned; (vi) Member States shall submit to the Commission a map or maps (in a GIS format) of the geographical location of the types consistent with the degree of differentiation required under system A. 45 1.2 Ecoregions and Surface Water Body Types 1.2.1 Rivers System A Fixed Typology Descriptors Ecoregion Ecoregions shown on Map A in Annex XI Type Altitude typology high > 800 m mid-altitude 200 to 800 m lowland < 200 m Size typology based on catchment area small 10 - 100 km2 medium > 100 to 1 000 km2 large > 1 000 to 10 000 km2 very large >10 000 km2 Geology Calcareous siliceous organic 46 System B Alternative Characterisation Physical and chemical factors that determine the characteristics of the river or part of the river and hence the biological population structure and composition Obligatory factors Altitude latitude longitude geology size Optional Factors distance from river source energy of flow (function of flow and slope) mean water width mean water depth mean water slope form and shape of main river bed river discharge (flow) category valley shape transport of solids acid neutralising capacity mean substratum composition chloride air temperature range mean air temperature precipitation 47 1.2.2 Lakes System A Fixed Typology Descriptors Ecoregion Ecoregions shown on Map A in Annex XI Type Altitude typology high > 800 m mid-altitude 200 to 800 m lowland < 200 m Depth typology based on mean depth < 3 m, 3 m to 15 m, > 15 m Size typology based on surface area 0,5 to 1 km2 1 to 10 km2 10 to 100 km2 > 100 km2 Geology Calcareous siliceous organic 48 System B Alternative Characterisation Physical and chemical factors that determine the characteristics of the lake and hence the biological population structure and composition Obligatory factors Altitude latitude longitude depth geology size Optional Factors mean water depth lake shape residence time mean air temperature air temperature range mixing characteristics (e.g. monomictic, dimictic, polymictic) acid neutralising capacity background nutrient status mean substratum composition water level fluctuation 49 1.2.3 Transitional Waters System A Fixed Typology Descriptors Ecoregion The following as identified on Map B in Annex XI: Baltic sea Barents Sea Norwegian Sea North Sea North Atlantic Ocean Mediterranean Sea Type Based on mean annual salinity < 0,5 ‰ Freshwater 0,5 to < 5 ‰ Oligohaline 5 to < 18 ‰ Mesohaline 18 to < 30 ‰ Polyhaline 30 to < 40 ‰ Euhaline Based on mean tidal range < 2 m microtidal 2 to 4 m mesotidal > 4 m macrotidal 50 System B Alternative Characterisation Physical and chemical factors that determine the characteristics of the transitional water and hence the biological population structure and composition Obligatory factors latitude longitude tidal range salinity Optional Factors depth current velocity wave exposure residence time mean water temperature mixing characteristics turbidity mean substratum composition shape water temperature range 51 1.2.4 Coastal Waters System A Fixed Typology Descriptors Ecoregion The following as identified on Map B in Annex XI: Baltic sea Barents Sea Norwegian Sea North Sea North Atlantic Ocean Mediterranean Sea Type Based on mean annual salinity < 0,5 ‰ Freshwater 0,5 to < 5 ‰ Oligohaline 5 to < 18 ‰ Mesohaline 18 to < 30 ‰ Polyhaline 30 to < 40 ‰ Euhaline Based on mean depth shallow waters <30 m, intermediate (30 to 200 m), deep >200 m 52 System B Alternative Characterisation Physical and chemical factors that determine the characteristics of the coastal water and hence the biological community structure and composition Obligatory factors latitude longitude tidal range salinity Optional Factors current velocity wave exposure mean water temperature mixing characteristics turbidity retention time (of enclosed bays) mean substratum composition water temperature range 53 1.3 Establishment of type-specific reference conditions for surface water body types (i) For each surface water body type characterised in accordance with section 1.1, type-specific hydromorphological and physicochemical conditions shall be established representing the values of the hydromorphological and physicochemical quality elements specified in section 1.1 in Annex V for that surface water body type at high ecological status as defined in the relevant table in section 1.2 in Annex V. Type-specific biological reference conditions shall be established, representing the values of the biological quality elements specified in section 1.1 in Annex V for that surface water body type at high ecological status as defined in the relevant table in section 1.2 in Annex V. (ii) In applying the procedures set out in this section to heavily modified or artificial surface water bodies references to high ecological status shall be construed as references to maximum ecological potential as defined in Table 1.2.5 of Annex V. The values for maximum ecological potential for a water body shall be reviewed every 6 years (iii) Type-specific conditions for the purposes of i) and ii) and type-specific biological reference conditions may be either spatially based or based on modelling, or may be derived using a combination of these methods. Where it is not possible to use these methods, Member States may use expert judgement to establish such conditions. In defining high ecological status in respect of concentrations of specific synthetic pollutants, the detection limits are those which can be achieved in accordance with the available techniques at the time when the type-specific conditions are to be established. (iv) For spatially based type-specific biological reference conditions, Member States shall develop a reference network for each surface water body type. The network shall contain a sufficient number of sites of high status to provide a sufficient level of confidence about the values for the reference conditions, given the variability in the values of the quality elements corresponding to high ecological status for that surface water body type and the modelling techniques which are to be applied under paragraph V. (v) Type–specific biological reference conditions based on modelling may be derived using either predictive models or hindcasting methods. The methods shall use historical, palaeological and other available data and shall provide a sufficient level of confidence about the values for the reference conditions to ensure that the conditions so derived are consistent and valid for each surface water body type. (vi) Where it is not possible to establish reliable type–specific reference conditions for a quality element in a surface water body type due to high degrees of natural variability in that element, not just as a result of seasonal variations, then that element may be excluded from the assessment of ecological status for that surface water type. In such circumstances Member States shall state the reasons for this exclusion in the River Basin Management Plan. 54 1.4 Identification of Pressures Member States shall collect and maintain information on the type and magnitude of the significant anthropogenic pressures to which the surface water bodies in each River Basin District are liable to be subject, in particular: estimation and identification of significant point source pollution, in particular by substances listed in Annex VIII, from urban, industrial, agricultural and other installations and activities, based inter alia on information gathered under (i) (ii) Article 15 and 17 of Directive 91/271/EEC, Articles 9 and 15 of Directive 96/61/EC30, and for the purposes of the initial River Basin Management Plan: (iii) (iv) Article 11 of Directive 76/464/EEC, and Directives 75/440/EC, 76/160/EEC31, 78/659/EEC and 79/923/EEC32, in particular by estimation and identification of significant diffuse source pollution, substances listed in Annex VIII, from urban, industrial, agricultural and other installations and activities; based inter alia on information gathered under (i) (ii) Articles 3, 5 and 6 of Directive 91/676/EEC33, Articles 7 and 17 of Directive 91/414/EEC, (iii) Directive 98/8/EC, and for the purposes of the first River Basin Management Plan: (iv) Directives 75/440/EEC, 76/160/EEC, 76/464/EEC, 78/659/EEC and 79/923/EEC, estimation and identification of significant water abstraction for urban, industrial, agricultural and other uses, including seasonal variations and total annual demand, and of loss of water in distribution systems, estimation and identification of the impact of significant water flow regulation, including water transfer and diversion, on overall flow characteristics and water balances, identification of significant morphological alterations to water bodies, estimation and identification of other significant anthropogenic impacts on the status of surface waters, and estimation of land use patterns, including identification of the main urban, industrial and agricultural areas and, where relevant, fisheries and forests. 30 31 32 33 OJ L 135, 30.5.1991, p. 40. Directive as last amended by Directive 98/15/EC (OJ L 67, 7.3.1998, p. 29). OJ L 31, 5.2.1976, p. 1. Directive as last amended by the 1994 Act of Accession. OJ L 281, 10.11.1979, p. 47. Directive as amended by Directive 91/692/EEC (OJ L 377, 31.12.1991, p. 48). OJ L 375, 31.12.1991, p. 1. 55 1.5 Assessment of Impact Member States shall carry out an assessment of the susceptibility of the surface water status of bodies to the pressures identified above. Member States shall use the information collected above, and any other relevant information including existing environmental monitoring data, to carry out an assessment of the likelihood that surface waters bodies within the River Basin District will fail to meet the environmental quality objectives set for the bodies under Article 4. Member States may utilise modelling techniques to assist in such an assessment. For those bodies identified as being at risk of failing the environmental quality objectives, further characterisation shall, where relevant, be carried out to optimise the design of both the monitoring programmes required under Article 8, and the programmes of measures required under Article 11. 1.6 Designation of Artificial and Heavily Modified bodies Member States may designate a body of surface water as artificial or heavily modified where making changes to artificial or modified characteristics of that body would affect: (i) the wider environment (ii) navigation or recreation (iii) activities for the purposes of which water is stored (for example, power generation, drinking-water supply) (iv) water regulation, flood protection, irrigation or land drainage (v) human development. 56 2. GROUNDWATERS 2.1 Initial Characterisation Member States shall carry out an initial characterisation of all groundwater bodies to assess their uses and the degree to which they are at risk of failing to meet the objectives for each groundwater body under Article 4. Member States may group groundwater bodies together for the purposes of this initial characterisation. This analysis may employ existing hydrological, geological, pedological, land use, discharge, abstraction and other data but shall identify: – – – – – – – – the location and boundaries of the groundwater body or bodies, the pressures to which the groundwater body or bodies are liable to be subject including: diffuse sources of pollution point sources of pollution abstraction artificial recharge, the general character of the overlying strata in the catchment area from which the groundwater body receives its recharge, those groundwater bodies for which there are directly dependent surface water ecosystems or terrestrial ecosystems. 2.2 Further Characterisation Following this initial characterisation, Member States shall carry out further characterisation of those groundwater bodies or groups of bodies which have been identified as being at risk in order to establish a more precise assessment of the significance of such risk and identification of any measures to be required under Article 11. Accordingly, this characterisation shall include relevant information on the impact of human activity and, where relevant information on: – – – – – – geological characteristics of the groundwater body including the extent and type of geological units, hydrogeological characteristics of the groundwater body including hydraulic conductivity, porosity and confinement, characteristics of the superficial deposits and soils in the catchment from which the groundwater body receives its recharge, including the thickness, porosity, hydraulic conductivity, and absorptive properties of the deposits and soils, stratification characteristics of the groundwater within the groundwater body, an inventory of associated surface systems, including terrestrial ecosystems and bodies of surface water, with which the groundwater body is dynamically linked, estimates of the directions and rates of exchange of water between the groundwater body and associated surface systems, and 57 – sufficient data to calculate the long term annual average rate of overall recharge. 2.3 Review of the Impact of Human Activity on Groundwaters For those bodies of groundwater which cross the boundary between two or more Member States or are identified following the initial characterisation undertaken in accordance with paragraph 2.1 as being at risk of failing to meet the objectives set for each body under Article 4, the following information shall, where relevant, be collected and maintained for each groundwater body: – – – – – – – the location of points in the groundwater body used for the abstraction of water, with the exception of points for the abstraction of water intended for human consumption providing more less than an average of 10m3 per day or serving more less than 50 persons, the annual average rates of abstraction from such points, the chemical composition of water abstracted from the groundwater body, the location of points in the groundwater body into which water is directly discharged, the rates of discharge at such points, the chemical composition of discharges to the groundwater body, and land use in the catchment or catchments from which the groundwater body receives its recharge, including pollutant inputs and anthropogenic alterations to the recharge characteristics such as rainwater and run-off diversion through land sealing, artificial recharge, damming or drainage. 2.4 Review of the Impact of Changes in Groundwater Levels Member States shall also identify those bodies of groundwater for which lower objectives are to be specified under Article 4 including as a result of consideration of the effects of the status of the body on: – – – (i) surface water and associated terrestrial ecosystems (ii) water regulation, flood protection and land drainage (iii) human development. 2.5. Review of the Impact of Past Pollution on Groundwater Quality Member States shall identify those bodies of groundwater for which lower objectives are to be specified under Article 4(4)(a) because as a result of past human activity the body of groundwater is so polluted that achieving good groundwater chemical status is infeasible or disproportionately expensive. 58 ECONOMIC ANALYSIS ANNEX III The purpose of the economic analysis is: to analyse water uses and services as specified in Article 5 to serve as a basis for the development of charging systems as specified in Article 9 to make an economic assessment (cost-effectiveness and/or cost-benefit analysis) of the programme of measures proposed in each River Basin Management Pan as specified in Article 11 To do so, the economic analysis shall contain the following elements: 1. Estimates of water uses, drawing on the analysis carried out under Annex II (impact of human activities on groundwater and surface water bodies); 2. Prices and all costs of water services (including those serving more than one sector) for the different sectors of the economy, disaggregated into at least domestic, industrial and agriculture uses; 3. Long term forecasts of supply and demand for the different sectors of the economy, disaggregated into at least domestic, industrial and agriculture uses; 4. Estimates of the required investments and costs of measures proposed in River Basin Management Plans; 5. Estimates of benefits that are expected to arise as a result of the implementation of the set of measures proposed in River Basin Management Plans; 6. Estimates of cost-effectiveness and/or cost-benefit indicatros for the set of measures proposed in River Basin Management Plans Methodologies for collecting the relevant information will be adapted to local hydrological, socio-economic and institutional conditions to ensure a balance between data collection costs and information accuracy. The economic analysis shall contain enough information in sufficient detail (taking account of the costs associated with collection of the relevant data) in order to: (a) make the relevant calculations necessary for taking into account under Article 9 the principle of recovery of the costs of water services taking account of long term forecasts of supply and demand for water in the River Basin District and, where necessary: 59 - - - – estimates of the volume, prices and costs associated with water services and – estimates of relevant investment including forecasts of such investments; (b) make judgements about the most cost effective combination of measures in respect of water uses to be included in the programme of measures under Article 11 based on estimates of the potential costs of such measures. 60 PROTECTED AREAS ANNEX IV 1. The register of Protected Areas required under Article 6 shall include the following types of Protected Areas: (i) areas designated for the abstraction of water intended for human consumption under Article 7; (ii) areas designated for the protection of economically significant aquatic species; (iii) bodies of water designated as recreational waters, including areas designated as bathing waters under Directive 76/160/EEC; (iv) nutrient-sensitive areas, Directive 91/676/EEC Directive 91/271/EEC; and including areas designated as Vulnerable Zones under under and Sensitive Areas designated areas as (v) areas designated for the protection of habitats or species where the maintenance or improvement of the status of water is an important factor in their protection, including relevant Natura 2000 and Directive 79/409/EEC35. under Directive 92/43/EEC34 designated sites 2. The summary of the register required as part of the River Basin Management Plan shall include maps indicating the location of each Protected Area and a description of the Community, national or local legislation under which they have been designated. 34 35 OJ L 206, 22.7.1992, p. 7. Directive as last amended by Directive 97/62/EC (OJ L 305, 8.11.1997, p. 42). OJ L 103, 25.4.1979, p. 1. Directive as last amended by Directive 97/49/EC (OJ L 223, 13.8.1997, p. 9). 61 1. 1.1. SURFACE WATER STATUS Quality elements for the classification of ecological status ANNEX V 1.1.1. Rivers 1.1.2. Lakes 1.1.3. Transitional waters 1.1.4. Coastal waters 1.1.5. Artificial and heavily modified surface water bodies 1.2. Normative definitions of ecological status classifications 1.2.1. Definitions for high, good and moderate ecological status in rivers 1.2.2. Definitions for high, good and moderate ecological status in lakes 1.2.3. Definitions for high, good and moderate ecological status in transitional waters 1.2.4. Definitions for high, good and moderate ecological status in coastal waters 1.2.5. Definitions for maximum, good and moderate ecological potential for heavily modified or artificial water bodies 1.2.6. Procedure for the setting of chemical quality standards by Member States 1.3. Monitoring of ecological status and chemical status for surface waters 1.3.1. Design of surveillance monitoring 1.3.2. Design of operational monitoring 1.3.3. Design of investigative monitoring 1.3.4. Frequency of monitoring 1.3.5. Additional monitoring requirements for protected areas 1.3.6. Standards for monitoring of quality elements 1.4. Classification and presentation of ecological status 1.4.1. Comparability of biological monitoring results 1.4.2. Presentation of monitoring results and classification of ecological status and ecological potential 1.4.3. Presentation of monitoring results and classification of chemical status 62 2. 2.1. GROUNDWATER Groundwater quantitative status 2.1.1. Parameter for the classification of quantitative status 2.1.2. Definition of quantitative status 2.2. Monitoring of groundwater quantitative status 2.2.1. Groundwater level monitoring network 2.2.2. Density of monitoring sites 2.2.3. Monitoring frequency 2.2.4. Interpretation and presentation of groundwater quantitative status 2.3. Groundwater chemical status 2.3.1. Parameters for the determination of groundwater chemical status 2.3.2. Definition of good groundwater chemical status 2.4. Monitoring of groundwater chemical status 2.4.1. Groundwater monitoring network 2.4.2. Surveillance monitoring 2.4.3. Operational monitoring 2.4.4. Identification of trends in pollutants 2.4.5. Interpretation and presentation of groundwater chemical status 2.5. Presentation of groundwater status 63 1. 1.1 SURFACE WATER STATUS Quality elements for the classification of ecological status 1.1.1 Rivers Biological elements Composition and abundance of aquatic flora Composition and abundance of benthic invertebrate fauna Composition, abundance and age structure of fish fauna Hydromorphological elements supporting the biological elements Hydrological regime quantity and dynamics of water flow connection to ground water bodies River continuity Morphological conditions river depth and width variation structure and substrate of the river bed structure of the riparian zone 64 Chemical and physicochemical elements supporting the biological elements General Thermal conditions Oxygenation conditions Salinity Acidification status Nutrient conditions Specific Pollutants Pollution by all priority substances identified as being discharged into the body of water Pollution by other substances identified as being discharged in significant quantities into the body of water 1.1.2 Lakes Biological elements Composition, abundance and biomass of phytoplankton Composition and abundance of other aquatic flora Composition and abundance of benthic invertebrate fauna Composition, abundance and age structure of fish fauna Hydromorphological elements supporting the biological elements Hydrological regime quantity and dynamics of water flow residence time connection to the ground water body Morphological conditions lake depth variation quantity, structure and substrate of the lake bed structure of the lake shore Chemical and physico-chemical elements supporting the biological elements 65 General Transparency Thermal conditions Oxygenation conditions Salinity Acidification status Nutrient conditions Specific pollutants Pollution by all priority substances identified as being discharged into the body of water Pollution by other substances identified as being discharged in significant quantities into the body of water 1.1.3 Transitional waters Biological elements Composition, abundance and biomass of phytoplankton Composition and abundance of other aquatic flora Composition and abundance of benthic invertebrate fauna Composition and abundance of fish fauna Hydro-morphological elements supporting the biological elements Morphological conditions depth variation, quantity, structure and substrate of the bed structure of the inter-tidal zone Tidal regime freshwater flow wave exposure Chemical and physico-chemical elements supporting the biological elements General Transparency 66 Thermal conditions Oxygenation conditions Salinity Nutrient conditions Specific Pollutants Pollution by all priority substances identified as being discharged into the body of water Pollution by other substances identified as being discharged in significant quantities into the body of water 1.1.4 Coastal waters Biological elements Composition, abundance and biomass of phytoplankton Composition and abundance of other aquatic flora Composition and abundance of benthic invertebrate fauna Hydromorphological elements supporting the biological elements Morphological conditions depth variation structure and substrate of the coastal bed structure of the inter-tidal zone Tidal regime direction of dominant currents wave exposure Chemical and physico-chemical elements supporting the biological elements General Transparency Thermal conditions Oxygenation conditions Salinity Nutrient conditions 67 Specific Pollutants Pollution by all priority substances identified as being discharged into the body of water Pollution by other substances identified as being discharged in significant quantities into the body of water 1.1.5 Artificial and heavily modified surface water bodies The quality elements applicable to artificial and heavily modified surface water bodies shall be those applicable to whichever of the four natural surface water categories above most closely resembles the heavily modified or artificial water body concerned. 68 1.2 Normative definitions of ecological status classifications Table 1.2 General definition for rivers, lakes, transitional waters and coastal waters The following text provides a general definition of ecological quality. For the purposes of classification the values for the quality elements of ecological status for each surface water category are those given in tables 1.2.1 - 1.2.4 below. High status Good status Moderate status General There are no, or only very minor, anthropogenic alterations to the values of the physicochemical and hydromorphological quality elements for the surface water body type from those normally associated with that type under undisturbed conditions. The values of the biological quality elements for the surface water body type show low levels of distortion resulting from human activity, but deviate only slightly from those normally associated with the surface water body type under undisturbed conditions. The values of the biological quality elements for the surface water body reflect those normally associated with that type under undisturbed conditions, and show no, or only very minor, evidence of distortion. These are the type specific conditions and communities. The values of the biological quality elements for the surface water body type deviate moderately from those normally associated with the surface water body type under undisturbed conditions. The values show moderate signs of distortion resulting from human activity and are significantly more disturbed than under conditions of good status. Waters achieving a status below moderate shall be classified as poor or bad. Waters showing evidence of major alterations to the values of the biological quality elements for the surface water body type and in which the relevant biological communities deviate substantially from those normally associated with the surface water body type under undisturbed conditions, shall be classified as poor. Waters showing evidence of severe alterations to the values of the biological quality elements for the surface water body type and in which large portions of the relevant biological communities normally associated with the surface water body type under undisturbed conditions are absent, shall be classified as bad. 69 1.2.1 Definitions for high, good and moderate ecological status in rivers Biological quality elements Element Phytoplankton High status Good status Moderate status taxonomic phytoplankton composition The corresponds totally or nearly totally to undisturbed conditions. of average phytoplankton abundance is wholly The consistent with the type-specific physicochemical conditions and is not such as to significantly alter the type specific transparency conditions. Planktonic blooms occur at a frequency and intensity which specific physicochemical conditions. consistent with type the is There are slight changes in the composition and abundance of planktonic taxa compared to the type- specific communities. Such changes do not indicate any accelerated growth of algae resulting in undesirable disturbances to the balance of organisms present in the water body or to the physico-chemical quality of the water or sediment. A slight increase in the frequency and intensity of the type specific planktonic blooms may occur. composition of planktonic The moderately from the type specific communities. taxa differs Abundance is moderately disturbed and may be to produce a significant undesirable such as disturbance in the values of other biological and physico-chemical quality elements. A moderate increase in the frequency and intensity of planktonic blooms may occur. Persistent blooms may occur during summer months. Macrophytes and phytobenthos The taxonomic composition corresponds totally or nearly totally to undisturbed conditions. There are no detectable changes macrophytic and the average phytobenthic abundance. in the average Benthic invertebrate fauna The taxonomic composition and abundance correspond totally or nearly totally to undisturbed conditions. The ratio of disturbance sensitive taxa to insensitive taxa shows no signs of alteration from undisturbed levels The level of diversity of invertebrate taxa shows no sign of alteration from undisturbed levels. There are slight changes in the composition and abundance of macrophytic and phytobenthic taxa compared to the type-specific communities. Such changes do not indicate any accelerated growth of phytobenthos or higher forms of plant life resulting in undesirable disturbances to the balance of organisms present in the water body or to the physico-chemical quality of the water or sediment. The phytobenthic community is not adversely affected by bacterial tufts and coats present due to anthropogenic activity. The composition of macrophytic and phytobenthic taxa differs moderately from the type-specific community and is significantly more distorted than at good status. Moderate changes in the average macrophytic and the average phytobenthic abundance are evident. The phytobenthic community may be interfered with and, in some areas, displaced by bacterial tufts and coats present as a result of anthropogenic activities. There are slight changes in the composition and abundance of invertebrate taxa from the type-specific communities The composition and abundance of invertebrate taxa differ moderately type-specific communities. from the The ratio of disturbance sensitive taxa to insensitive taxa shows slight alteration from type specific levels. taxonomic groups of Major community are absent. the type-specific The level of diversity of invertebrate taxa shows slight signs of alteration from type specific levels. The ratio of disturbance sensitive taxa to insensitive taxa, and the level of diversity, are substantially lower than the type specific level and significantly lower than for good status. 70 Fish fauna Species composition and abundance correspond totally or nearly totally to undisturbed conditions. All the type specific disturbance sensitive species are present. The age structures of the fish communities show little sign of anthropogenic disturbance and are not indicative of a failure in the reproduction or development of any particular species. Hydromorphological quality elements from the There are slight changes in species composition and communities type abundance on attributable anthropogenic physicochemical quality elements. hydromorphological specific impacts and to The age structures of the fish communities show signs of disturbance attributable to anthropogenic impacts on physicochemical quality elements, and, in a few instances, are indicative of a failure in the reproduction or development of a particular species, to the extent that some age classes may be missing. hydromorphological or The composition and abundance of fish species type differ moderately specific anthropogenic communities impacts or hydromorphological quality elements. from the to physicochemical attributable on The age structure of the fish communities shows major signs of anthropogenic disturbance, to the extent that a moderate proportion of the type specific species are absent or of very low abundance. Element Hydrological regime River continuity High status Good status Moderate status The quantity and dynamics of flow, and the resultant connection to groundwaters, reflect totally, or nearly totally, undisturbed conditions. Conditions consistent with the achievement of the values specified above for the biological quality elements. Conditions consistent with the achievement of the values specified above for the biological quality elements. The continuity of anthropogenic migration of aquatic organisms and sediment transport. is not disturbed by undisturbed the river and activities allows Conditions consistent with the achievement of the values specified above for the biological quality elements. Conditions consistent with the achievement of the values specified above for the biological quality elements. Morphological conditions Channel patterns, width and depth variations, flow velocities, substrate conditions and both the structure and condition of the riparian zones correspond totally or nearly totally to undisturbed conditions. Conditions consistent with the achievement of the values specified above for the biological quality elements. Conditions consistent with the achievement of the values specified above for the biological quality elements. 71 Physico-chemical quality elements36 Element High status Good status Moderate status General conditions The values of the physico-chemical elements correspond totally or nearly totally to undisturbed conditions. Nutrient remain within the normally associated with undisturbed conditions. concentrations range Levels of salinity, pH, oxygen balance, acid neutralising show signs of capacity and temperature do not anthropogenic disturbance and remain within the range normally associated with undisturbed conditions. Temperature, oxygen balance, pH, acid neutralising capacity and salinity do not reach levels outside the range established so as to ensure the functioning of the type specific ecosystem and the achievement of the values specified above for the biological quality elements. Nutrient concentrations do not exceed the levels established so as to ensure the functioning of the ecosystem and the achievement of the values specified above for the biological quality elements. Conditions consistent with the achievement of the values specified above for the biological quality elements. Specific synthetic pollutants Concentrations close to zero and at least below the limits of detection of the most advanced analytical techniques in general use Concentrations not in excess of the standards set in accordance with the procedure detailed in section 1.2.6 without 91/414/EC and to Directive Directive 98/8/EC. (<eqs) prejudice Conditions consistent with the achievement of the values specified above for the biological quality elements. Specific pollutants non synthetic Concentrations remain within the range normally associated with undisturbed conditions (background levels = bgl). Concentrations not in excess of the standards set in accordance with the procedure detailed in section 1.2.637 without prejudice to Directive 91/414/EC and Directive 98/8/EC. (<eqs) Conditions consistent with the achievement of the values specified above for the biological quality elements. 36 37 The following abbreviations are used: bgl = background level, eqs = environmental quality standard Application of the standards derived under this protocol shall not require reduction of pollutant concentrations below background levels: (eqs>bgl) 72 High status Good status Moderate status 1.2.2 Definitions for high, good and moderate ecological status in lakes Biological quality elements Element Phytoplankton taxonomic of The phytoplankton correspond totally or nearly totally to undisturbed conditions. composition abundance and The average phytoplankton biomass is consistent with the type-specific physicochemical conditions and is not such as specific transparency conditions. to significantly alter type the Planktonic blooms occur at a frequency and intensity which specific physicochemical conditions. consistent with type the is Macrophytes and phytobenthos The taxonomic composition corresponds totally or nearly totally to undisturbed conditions. There are no detectable changes macrophytic and the average phytobenthic abundance. in the average Benthic invertebrate fauna The taxonomic composition and abundance correspond totally or nearly totally to the undisturbed conditions. The ratio of disturbance sensitive taxa to insensitive taxa shows no signs of alteration from undisturbed levels The level of diversity of invertebrate taxa shows no sign of alteration from undisturbed levels There are slight changes in the composition and abundance of planktonic taxa compared to the type- specific communities. Such changes do not indicate any accelerated growth of algae resulting in undesirable disturbance to the balance of organisms present in the water body or to the physico-chemical quality of the water or sediment. A slight increase in the frequency and intensity of the type specific planktonic blooms may occur. There are slight changes in the composition and abundance of macrophytic and phytobenthic taxa compared to the type-specific communities. Such changes do not indicate any accelerated growth of phytobenthos or higher forms of plant life resulting in undesirable disturbance to the balance of organisms present in the water body or to the physicochemical quality of the water. The phytobenthic community is not adversely affected by bacterial tufts and coats present due to anthropogenic activity. There are slight changes in the composition and abundance of invertebrate taxa compared to the type- specific communities. The ratio of disturbance sensitive taxa to insensitive taxa shows slight signs of alteration from type specific levels. The level of diversity of invertebrate taxa shows slight signs of alteration from type specific levels. The composition and abundance of planktonic taxa differ moderately from the type specific communities. Biomass is moderately disturbed and may be such as to produce a significant undesirable disturbance in the condition of other biological quality elements and the physico-chemical quality of the water or sediment. A moderate increase in the frequency and intensity of planktonic blooms may occur. Persistent blooms may occur during summer months. The composition of macrophytic and phytobenthic taxa differ moderately from the type-specific communities and are significantly more distorted than those observed at good quality. Moderate changes in the average macrophytic and the average phytobenthic abundance are evident. The phytobenthic community may be interfered with, and, in some areas, displaced by bacterial tufts and coats present as a result of anthropogenic activities. The composition and abundance of invertebrate taxa differ moderately from the type-specific conditions Major taxonomic groups of the type-specific community are absent. The ratio of disturbance sensitive to insensitive taxa, and the level of diversity, are substantially lower than the type specific level and significantly lower than for good status 73 Fish fauna Species composition and abundance correspond totally or nearly totally to undisturbed conditions. All the type specific sensitive species are present. The age structures of the fish communities show little sign of anthropogenic disturbance and are not indicative of a failure in the reproduction or development of a particular species. Hydromorphological quality elements from the There are slight changes in species composition and communities type abundance on attributable anthropogenic physicochemical quality elements. hydromorphological specific impacts to or The age structures of the fish communities show signs of disturbance attributable to anthropogenic impacts on physicochemical quality elements, and, in a few instances, are indicative of a failure in the reproduction or development of a particular species, to the extent that some age classes may be missing. hydromorphological or The composition and abundance of fish species differ moderately specific communities attributable to anthropogenic impacts on physicochemical or hydromorphological quality elements. from the type of signs The age structure of the fish communities shows major to disturbance, anthropogenic impacts on physicochemical or hydromorphological quality elements, to the extent that a moderate proportion of the type specific species are absent or of very low abundance. attributable Element Hydrological regime High status Good status Moderate status The quantity and dynamics of flow, level, residence time, and the resultant connection to groundwaters, reflect totally or nearly totally undisturbed conditions. Conditions consistent with the achievement of the values specified above for the biological quality elements. Conditions consistent with the achievement of the values specified above for the biological quality elements. Morphological conditions Lake depth variation, quantity and structure of the substrate, and both the structure and condition of the lake shore zone correspond totally or nearly totally to undisturbed conditions. Conditions consistent with the achievement of the values specified above for the biological quality elements. Conditions consistent with the achievement of the values specified above for the biological quality elements. 74 Physico-chemical quality elements38 Element High status Good status Moderate status General conditions The values of physico-chemical elements correspond totally or nearly totally to undisturbed conditions. Nutrient remain within the normally associated with undisturbed conditions. concentrations range Levels of salinity, pH, oxygen balance, acid neutralising capacity, transparency and temperature do not show signs of anthropogenic disturbance and remain within the range normally associated with undisturbed conditions. Temperature, oxygen balance, pH, acid neutralising capacity, transparency and salinity do not reach levels outside the range established so as to ensure the functioning of the ecosystem and the achievement of the values the biological quality elements. specified above for Nutrient concentrations do not exceed the levels established so as to ensure the functioning of the ecosystem and the achievement of the values specified above for the biological quality elements. Conditions consistent with the achievement of the values specified above for the biological quality elements. Specific synthetic pollutants Concentrations close to zero and at least below the limits of detection of the most advanced analytical techniques in general use. Concentrations not in excess of the standards set in accordance with the procedure detailed in section 1.2.6 without prejudice to Directive 91/414/EC and Directive 98/8/EC. (<eqs) Conditions consistent with the achievement of the values specified above for the biological quality elements. Specific non synthetic pollutants Concentrations range normally remain within the associated with undisturbed conditions (background levels = bgl). Concentrations not in excess of the standards set in accordance with the procedure detailed in section 1.2.6 39 without prejudice to Directive 91/414/EC and Directive 98/8/EC. (<eqs) Conditions consistent with the achievement of the values specified above for the biological quality elements. 38 39 The following abbreviations are used: bgl = background level, eqs = environmental quality standard Application of the standards derived under this protocol shall not require reduction of pollutant concentrations below background levels 75 1.2.3 Definitions for high, good and moderate ecological status in transitional waters Biological quality elements Element Phytoplankton High status Good status Moderate Status The composition and abundance of the phytoplanktonic taxa are consistent with undisturbed conditions. There are slight changes in the composition and abundance of phytoplanktonic taxa. The composition and abundance of phytoplanktonic taxa differ moderately from type specific conditions. The average phytoplankton biomass is consistent with the type-specific physicochemical conditions and is not such as specific transparency conditions. to significantly alter type the Planktonic blooms occur at a frequency and intensity specific which physicochemical conditions. consistent with type the is Macroalgae The composition of macroalgal taxa is consistent with undisturbed conditions. There are no detectable changes in macroalgal cover due to anthropogenic activities. Angiosperms The taxonomic composition corresponds totally or nearly totally to undisturbed conditions. are no detectable There abundance due to anthropogenic activities. changes in angiosperm There are slight changes in biomass compared to the type-specific conditions. Such changes do not indicate any accelerated growth of algae resulting in undesirable disturbance to the balance of organisms present in the water body or to the physicochemical quality of the water. A slight increase in the frequency and intensity of the type specific planktonic blooms may occur. There are slight changes in the composition and abundance of macroalgal taxa compared to the type- specific communities. Such changes do not indicate any accelerated growth of phytobenthos or higher forms of plant life resulting in undesirable disturbance to the balance of organisms present in the water body or to the physicochemical quality of the water. There are slight changes angiosperm taxa communities. compared in the composition of type-specific the to Biomass is moderately disturbed and may be such as to produce a significant undesirable disturbance in the condition of other biological quality elements. A moderate increase in the frequency and intensity of planktonic blooms may occur. Persistent blooms may occur during summer months. composition The differs moderately from type-specific conditions and is significantly more distorted than at good quality. of macroalgal taxa changes Moderate average macroalgal in the abundance are evident and may be such as to result in an undesirable disturbance to the balance of organisms present in the water body. The composition of the angiosperm taxa differs moderately from the type-specific communities and is significantly more distorted than at good quality. Angiosperm abundance disturbance. shows slight signs of There are moderate distortions in the abundance of angiosperm taxa. 76 Benthic invertebrate fauna The level of diversity and abundance of invertebrate taxa is within the range normally associated with undisturbed conditions. The level of diversity and abundance of invertebrate taxa is slightly outside the range associated with the type specific conditions The level of diversity and abundance of invertebrate taxa is moderately outside the range associated with the type specific conditions. the disturbance sensitive taxa associated with All undisturbed conditions are present. Most of communities are present. the sensitive taxa of the type specific Taxa indicative of pollution are present Fish fauna Species composition and abundance is consistent with undisturbed conditions. Hydromorphological quality elements The abundance of the disturbance sensitive species shows slight signs of distortion from type specific conditions attributable to anthropogenic impacts on physicochemical quality elements hydromorphological or Many of the sensitive taxa of the type specific communities are absent A moderate proportion of the type specific disturbance sensitive species are absent as a result of anthropogenic impacts on physicochemical or hydromorphological quality elements. Element High status Good status Moderate status Tidal regime The freshwater flow regime corresponds totally or nearly totally to undisturbed conditions. Conditions consistent with the achievement of the values specified above for the biological quality elements. Morphological conditions Depth variations, substrate conditions, and both the structure zones correspond totally or nearly totally to undisturbed conditions. and condition of inter-tidal the Conditions consistent with the achievement of the values specified above for the biological quality elements. 77 Conditions consistent with the achievement of the values specified above for the biological quality elements. Conditions consistent with the achievement of the values specified above for the biological quality elements. Physico-chemical quality elements40 Element High status Good status Moderate status General conditions Physico-chemical elements correspond totally or nearly totally to undisturbed conditions. Nutrient remain within the normally associated with undisturbed conditions. concentrations range Temperature, oxygenation conditions and transparency do not reach levels outside the ranges established so as to the ecosystem and the ensure the functioning of achievement of the values specified above for the biological quality elements. Conditions consistent with the achievement of the values specified above for the biological quality elements. Temperature, oxygen balance and transparency do not show signs of anthropogenic disturbance and remain within the range normally associated with undisturbed conditions. Nutrient concentrations do not exceed the levels established so as to ensure the functioning of the ecosystem and the achievement of the values specified above for the biological quality elements. Specific synthetic pollutants Concentrations close to zero and at least below the limits of detection of the most advanced analytical techniques in general use. Concentrations not in excess of the standards set in accordance with the procedure detailed in section 1.2.6 without prejudice to Directive 91/414/EC and Directive 98/8/EC. (<eqs) Conditions consistent with the achievement of the values specified above for the biological quality elements. Specific non synthetic pollutants Concentrations range normally remain within the associated with undisturbed conditions (background levels = bgl). Concentrations not in excess of the standards set in accordance with the procedure detailed in section 1.2.6 41 without 91/414/EC and to Directive Directive 98/8/EC. (<eqs) prejudice Conditions consistent with the achievement of the values specified above for the biological quality elements. 40 41 The following abbreviations are used: bgl = background level, eqs = environmental quality standard Application of the standards derived under this protocol shall not require reduction of pollutant concentrations below background levels 78 1.2.4 Definitions for high, good and moderate ecological status in coastal waters Biological quality elements Element Phytoplankton High status Good status Moderate status The composition and abundance of phytoplanktonic taxa are consistent with undisturbed conditions. The composition and abundance of phytoplanktonic taxa show slight signs of disturbance. The composition and abundance of planktonic taxa show signs of moderate disturbance. The average phytoplankton biomass is consistent with the type-specific physicochemical conditions and is not such as specific transparency conditions. to significantly alter type the Planktonic blooms occur at a frequency and intensity specific which physicochemical conditions. consistent with type the is There are slight changes in biomass compared to type- specific conditions. Such changes do not indicate any accelerated growth of algae resulting in undesirable disturbance to the balance of organisms present in the water body or to the quality of the water. A slight increase in the frequency and intensity of the type specific planktonic blooms may occur. Algal biomass is substantially outside the range associated with type specific conditions, and is such as to impact upon other biological quality elements. A moderate increase in the frequency and intensity of planktonic blooms may occur. Persistent blooms may occur during summer months. Macroalgae and angiosperms All disturbance sensitive macroalgal and angiosperm taxa associated with undisturbed conditions are present. Most disturbance sensitive macroalgal and angiosperm taxa associated with undisturbed conditions are present. The levels of macroalgal abundance are consistent with undisturbed conditions. cover and angiosperm level of macroalgal The abundance show slight signs of disturbance. cover and angiosperm A moderate number of the disturbance sensitive macroalgal and angiosperm taxa associated with undisturbed conditions are absent. Macroalgal cover and angiosperm abundance is moderately disturbed and may be such as to result in an undesirable disturbance to the balance of organisms present in the water body. Benthic invertebrate fauna The level of diversity and abundance of invertebrate taxa is within the range normally associated with undisturbed conditions. The level of diversity and abundance of invertebrate taxa is slightly outside the range associated with the type specific conditions The level of diversity and abundance of invertebrate taxa is moderately outside the range associated with the type specific conditions. the disturbance sensitive taxa associated with All undisturbed conditions are present. Most of communities are present. the sensitive taxa of the type specific Taxa indicative of pollution are present Many of the sensitive taxa of the type specific communities are absent 79 Hydromorphological quality elements Element High status Good status Moderate status Tidal regime Morphological conditions The freshwater flow regime and the direction and speed of dominant currents correspond totally or nearly totally to undisturbed conditions. The depth variation, structure and substrate of the coastal bed, and both the structure and condition of the inter- tidal zones correspond totally or nearly totally to the undisturbed conditions. Conditions consistent with the achievement of the values specified above for the biological quality elements. Conditions consistent with the achievement of the values specified above for the biological quality elements. Conditions consistent with the achievement of the values specified above for the biological quality elements. Conditions consistent with the achievement of the values specified above for the biological quality elements. Physico-chemical quality elements42 Element High status Good status Moderate status General conditions The physico-chemical elements correspond totally or nearly totally to undisturbed conditions. Nutrient remain within the normally associated with undisturbed conditions concentrations range Temperature, oxygenation conditions and transparency do not reach levels outside the ranges established so as to ensure the functioning of the ecosystem and the achievement of the values specified above for the biological quality elements. Conditions consistent with the achievement of the values specified above for the biological quality elements. Temperature, oxygen balance and transparency do not show signs of anthropogenic disturbance and remain within the ranges normally associated with undisturbed conditions. Nutrient concentrations do not exceed the levels established so as to ensure the functioning of the ecosystem and the achievement of the values specified above for the biological quality elements. 42 The following abbreviations are used: bgl = background level, eqs = environmental quality standard) 80 Specific synthetic pollutants Concentrations close to zero and at least below the limits of detection of the most advanced analytical techniques in general use. Concentrations not in excess of the standards set in accordance with the procedure detailed in section 1.2.6 without prejudice to Directive 91/414/EC and Directive 98/8/EC. (<eqs) Conditions consistent with the achievement of the values specified above for the biological quality elements. Specific non synthetic pollutants Concentrations range normally remain within the associated with undisturbed conditions (background levels = bgl) Concentrations not in excess of the standards set in accordance with the procedure detailed in section 1.2.643 without prejudice to Directive 91/414/EC and Directive 98/8/EC. (<eqs) Conditions consistent with the achievement of the values specified above for the biological quality elements. 43 Application of the standards derived under this protocol shall not require reduction of pollutant concentrations below background levels 81 1.2.5 Definitions for maximum, good and moderate ecological potential for heavily modified or artificial water bodies Element Maximum ecological potential Good ecological potential Moderate ecological potential Biological quality elements Hydromorphological elements Physicochemical elements General conditions The values of the relevant biological quality elements reflect, as far as possible, those associated with the closest comparable surface water body type, given the physical conditions which result from the artificial or heavily modified characteristics of the water body. The hydromorphological conditions are consistent with the only impacts on the surface water body being those resulting from the artificial or heavily modified characteristics of the water body once all practicable mitigation measures having been taken. There are slight changes in the values of the relevant biological quality elements as compared to the values found at maximum ecological potential. There are moderate changes in the values of the relevant biological quality elements as compared to the values found at maximum ecological potential. Conditions consistent with the achievement of the values specified above for the biological quality elements. These values are significantly more distorted than those found under good quality. Conditions consistent with the achievement of the values specified above for the biological quality elements. Physico-chemical elements correspond totally or nearly totally to the undisturbed conditions associated with the surface water body type most closely comparable to the artificial or heavily modified body concerned. The values for physico-chemical elements are within the ranges established so as to ensure the functioning of the ecosystem and the achievement of the values specified above for the biological quality elements. Conditions consistent with the achievement of the values specified above for the biological quality elements. Nutrient normally associated with such undisturbed conditions. remain within the concentrations range The levels of temperature, oxygen balance and pH are consistent with the those found in the most closely comparable surface water body types under undisturbed conditions. Temperature and pH do not reach levels outside the ranges established so as to ensure the functioning of the ecosystem and the achievement of the values specified above for the biological quality elements. Nutrient concentrations do not exceed the levels established so as to ensure the functioning of the ecosystem and the achievement of the values specified above for the biological quality elements. Specific synthetic pollutants Concentrations close to zero and at least below the limits of detection of the most advanced analytical techniques in general use Concentrations not in excess of the standards set in accordance with the procedure detailed in section 1.2.6 without prejudice to Directive 91/414/EC and Conditions consistent with the achievement of the values specified above for the biological quality elements. Directive 98/8/EC. (<eqs) 82 Specific non synthetic pollutants Concentrations range normally remain within the associated with the undisturbed conditions found in the surface water body type most closely comparable to the artificial concerned. or (background levels = bgl) heavily modified body Concentrations not in excess of the standards set in accordance with the procedure detailed in section 1.2.6 44 91/414/EC and to Directive without Directive 98/8/EC. (<eqs) prejudice Conditions consistent with the achievement of the values specified above for the biological quality elements. 44 Application of the standards derived under this protocol shall not require reduction of pollutant concentrations below background levels 83 1.2.6 Procedure for the setting of chemical quality standards by Member States In deriving environmental quality standards for pollutants listed in points 1 - 9 of Annex VIII for the protection of aquatic biota, Member States shall act in accordance with the following provisions. Standards may be set for water, sediment or biota. Where possible, both acute and chronic data shall be obtained for the taxa set out below which are relevant for the water body type concerned as well as any other aquatic taxa for which data are available. The "base set" of taxa are: – – – Algae and/or macrophytes Daphnia or representative organisms for saline waters Fish 84 Setting the Environmental Quality Standard The following procedure applies to the setting of a maximum annual average concentration: (i) Member States shall set appropriate safety factors in each case consistent with the nature and quality of the available data and the guidance given in section 3.3.1 of of Commission Part II Directive 93/67/EEC on risk assessment and Commission Regulation (EC) No 1488/94 on risk assessment for existing substances" and the safety factors set out in the table below: for new notified substances "Technical document guidance support of in Safety factor At least one acute L(E)C50 from each of three trophic levels of the base-set 1000 One chronic NOEC (either fish or Daphnia or a representative organism for saline waters) 100 Two chronic NOECs from species representing two trophic levels (fish and/or Daphnia or a representative organism for saline waters and/or algae) Chronic NOECs from at least three species (normally fish, Daphnia or a representative organism for saline waters and algae) representing three trophic levels 50 10 Other cases, including field data or model ecosystems, which allow more precise safety factors to be calculated and applied. Case by case assessment (ii) where data on persistence and bioaccumulation are available, these shall be taken into account in deriving the final value of the Environmental Quality Standard. (iii) the standard thus derived should be compared with any evidence from field studies. Where anomalies appear, the derivation shall be reviewed to allow a more precise safety factor to be calculated. (iv) the standard derived shall be subject to peer review and public consultation including to allow a more precise safety factor to be calculated. 85 1.3 Monitoring of ecological status and chemical status for surface waters The surface water monitoring network shall be established in accordance with the requirements of Article 8. The monitoring network shall be designed so as to provide a coherent and comprehensive overview of ecological and chemical status within each river basin and shall permit classification of water bodies into five classes consistent with the normative definitions in section 1.2. Member States shall provide a map or maps showing the surface water monitoring network in the River Basin Management Plan. On the basis of the characterisation and impact assessment carried out in accordance with Article 5 and Annex II, Member States shall for each period to which a River Basin Management Plan applies, establish a surveillance monitoring programme and an operational monitoring programme. Member States may also need in some cases to establish programmes of investigative monitoring. Member States shall monitor parameters which are indicative of the status of each relevant quality element. In selecting parameters for biological quality elements Member States shall identify the appropriate taxonomic level required to achieve adequate confidence and precision in the classification of the quality elements. Estimates of the level of confidence and precision of the results provided by the monitoring programmes shall be given in the Plan. 86 1.3.1 Design of surveillance monitoring Objective Member States shall establish surveillance monitoring programmes to provide information for: – – – – supplementing and validating the impact assessment procedure detailed in Annex II; the efficient and effective design of future monitoring programmes; the assessment of long term changes in natural conditions; and the assessment of long term changes resulting from widespread anthropogenic activity. The results of such monitoring shall be reviewed and used, in combination with the impact assessment procedure described in Annex II, to determine requirements for monitoring programmes in the current and subsequent River Basin Management Plans. Selection of monitoring points Surveillance monitoring shall be carried out of sufficient surface water bodies to provide an assessment of the overall surface water status within each catchment or sub catchments within the River Basin District. In selecting these bodies Member States shall ensure that, where appropriate, monitoring is carried out at points where: – – – – the rate of water flow is significant within the river basin district as a whole; including points on large rivers where the catchment area is greater than 2 500 km2, the volume of water present is significant within the river basin district, including large lakes and reservoirs, significant bodies of water cross a Member State boundary, sites are identified under the Information Exchange Decision 77/795/EEC; and at such other sites as are required to estimate the pollutant load which is transferred across Member State Boundaries, and which is transferred into the marine environment. 87 Selection of quality elements Surveillance monitoring shall be carried out for each monitoring site for a period of one year during the period covered by a River Basin Management Plan for: – – – - – parameters indicative of all biological quality elements parameters indicative of all hydromorphological quality elements parameters indicative of all general physico-chemical quality elements priority list pollutants which are discharged into the river basin or sub-basin and other pollutants discharged in significant quantities in the river basin or sub-basin unless the previous surveillance monitoring exercise showed that the body concerned reached good status and there is no evidence from the review of impact of human activity under Annex II that the impacts on the body have changed. In these cases, surveillance monitoring shall be carried out once every three River Basin Management Plans. 88 1.3.2 Design of operational monitoring Operational monitoring shall be undertaken in order to: – – establish the status of those bodies identified as being at risk of failing to meet their environmental objectives, and assess any changes in the status of such bodies resulting from the programmes of measures. The programme may be amended during the period of the River Basin Management Plan in the light of information obtained as part of the requirements of Annex II or as part of this Annex, in particular to allow a reduction in frequency where an impact is found not to be significant or the relevant pressure is removed. Selection of monitoring sites Operational monitoring shall be carried out for all those bodies of water which on the basis of either the impact assessment carried out in accordance with Annex II or surveillance monitoring are identified as being at risk of failing to meet their environmental objectives under Article 4 and for those bodies of water into which priority list substances are discharged. Monitoring points shall be selected for priority list substances as specified in the legislation laying down the relevant environmental quality standard. In all other cases, including for priority list substances where no specific guidance is given in such legislation, monitoring points shall be selected as follows: – – for bodies at risk from significant point source pressures, sufficient monitoring points within each body in order to assess the magnitude and impact of the point source. Where a body is subject to a number of point source pressures monitoring points may be selected to assess the magnitude and impact of these pressures as a whole; for bodies at risk from significant diffuse source pressures, sufficient monitoring points within a selection of the bodies in order to assess the magnitude and impact of the diffuse source pressures. The selection of bodies shall be made such that they are representative of the relative risks of the occurrence of the diffuse source pressures, and of the relative risks of the failure to achieve good surface water status; 89 – for bodies at risk from significant hydromorphological pressure, sufficient monitoring points within a selection of the bodies in order to assess the magnitude and impact of the hydromorphological pressures. The selection of bodies shall be indicative of the overall impact of the hydromorphological pressure to which all the bodies are subject. Selection of quality elements In order to assess the magnitude of the pressure to which bodies of surface water are subject Member States shall monitor for those quality elements which are indicative of the pressures to which the body or bodies are subject. In order to assess the impact of these pressures, Member States shall monitor as relevant: – parameters indicative of the biological quality element, or elements, most sensitive to the pressures to which the water bodies are subject; – all priority substances discharged, and other pollutants discharged in significant quantities; – parameters indicative of the hydromorphological quality element most sensitive to the pressure identified. 1.3.3 Design of investigative monitoring Objective Investigative monitoring shall be carried out: – – where the reason for any exceedances is unknown; where surveillance monitoring indicates that the objectives set under Article 4 for a body of water are not likely to be achieved and operational monitoring has not already been established, in order to ascertain the causes of a water body or water bodies failing to achieve the environmental objectives; or 90 – to ascertain the magnitude and impacts of accidental pollution; and shall inform the establishment of a programme of measures for the achievement of the environmental objectives and specific measures necessary to remedy the effects of accidental pollution. 1.3.4 Frequency of monitoring For the surveillance monitoring period, the frequencies for monitoring parameters indicative of physico-chemical quality elements given below should be applied unless greater intervals would be judgement. For biological or justified on the basis of hydromorphological quality elements, monitoring shall be carried out at least once during the surveillance monitoring period. technical knowledge and expert For operational monitoring, the frequency of monitoring required for any parameter shall be determined by Member States so as to provide sufficient data for a reliable assessment of the status of the relevant quality element. As a guideline, monitoring should take place at intervals not exceeding those shown in the table below unless greater intervals would be justified on the basis of technical knowledge and expert judgment. Frequencies shall be chosen so as to achieve an acceptable level of confidence and precision. Estimates of the confidence and precision attained by the monitoring system used shall be stated in the River Basin Management Plan. Monitoring frequencies shall be selected which take account of the variability in parameters resulting from both natural and anthropogenic conditions. The times at which monitoring is undertaken shall be selected so as to minimise the impact of seasonal variation on the results, and thus ensure that the results reflect changes in the water body as a result of changes due to anthropogenic pressure. Additional monitoring during different seasons of the same year shall be carried out, where necessary, to achieve this objective. 91 Quality Element Biological Phyto-Plankton Other aquatic flora Macro invertebrates Fish Hydromorphological Continuity Hydrology Morphology Physico-Chemical Thermal Conditions Oxygenation Salinity Nutrient Status Acidification Status Other Pollutants Priority Substances Rivers Lakes Transitional Coastal 6 months 6 months 6 months 6 months 3 years 3 years 3 years 3 year 3 years 3 years 3 year 3 years 3 years 3 years 3 years 6 years continuous 1 month 6 years 6 years 6 years 6 years 3 months 3 months 3 months 3 months 3 months 3 months 1 month 3 months 3 months 3 months 3 months 3 months 3 months 1 month 3 months 3 months 3 months 3 months 3 months 3 months 3 months 3 months 3 months 1 month 1 month 92 1.3.5 Additional monitoring requirements for protected areas The monitoring programmes required above shall be supplemented in order to fulfil the following requirements: Drinking water abstraction points Bodies of surface water designated under Article 7 which provide more than 100 m3 a day as an average shall be designated as monitoring sites and shall be subject to such additional monitoring as may be necessary to meet the requirements of that Article. Such bodies shall be monitored for all priority substances discharged and all other substances discharged in significant quantities which could affect the status of the body of water and which are controlled under the provisions of the Drinking Water Directive. Monitoring shall be carried out in accordance with the frequencies set out below: Community served Frequency < 10 000 10 000 to 30 000 > 30 000 4 per year 8 per year 12 per year. Habitat and species protection areas Bodies of water forming these areas shall be included within the operational monitoring programme referred to above where, on the basis of the impact assessment and the surveillance monitoring, they are identified as being at risk of failing to meet their environmental objectives under Article 4. Monitoring shall be carried out to assess the magnitude and impact of all relevant significant pressures on these bodies and, where necessary, to assess changes in the status of such bodies resulting from the programmes of measures. Monitoring shall continue until the areas satisfy the water-related requirements of the legislation under which they are designated and meet their objectives under Article 4. 93 1.3.6 Standards for monitoring of quality elements Methods used for the monitoring of type parameters shall conform to the International Standards listed below or such other National or International standards which will ensure the provision of data of an equivalent scientific quality and comparability. Macroinvertebrate sampling ISO 5667-3 1995 Water Quality - Sampling - Part 3: Guidance on the preservation and handling of samples EN 27828: 1994 EN 28265: 1994 Water Quality – Methods for biological sampling – Guidance on hand net sampling of benthic macroinvertebrates Water Quality – Methods of biological sampling – Guidance on the design and use of quantitative samplers for benthic macroinvertebrates on stony substrata in shallow waters EN ISO 9381: 1995 Water Quality – Sampling in deep waters for macroinvertebrates – Guidance on the use of colonisation, qualitative and quantitative samplers. EN ISO 8689 - 1:1999 Biological Classification of Rivers PART I: Guidance on the Interpretation of Biological Quality Data from Surveys of Benthic Macroinvertebrates in Running Waters EN ISO 8689 - 2:1999 Biological Classification of Rivers PART II: Guidance on the Presentation of Biological Quality Data from Surveys of Benthic Macroinvertebrates in Running Waters Macrophyte sampling Relevant CEN / ISO Standards when developed Fish sampling 94 Relevant CEN / ISO Standards when developed Diatom sampling Relevant CEN/IISO Standards when developed Standards for physicochemical parameters Any Relevant CEN / ISO Standards Standards for hydromorphological parameters Any Relevant CEN / ISO Standards 1.4 Classification and presentation of ecological status 1.4.1 Comparability of biological monitoring results (i) Member States shall establish monitoring systems for the purpose of estimating the values of the biological quality elements specified for each surface water category or for heavily modified and artificial bodies of surface water. In applying the procedure set out below to heavily modified or artificial water bodies, references to ecological status should be construed as references to ecological potential. Such systems may utilise particular species or groups of species which are representative of the quality element as a whole. (ii) In order to ensure comparability of such monitoring systems, the results of the systems operated by each Member State shall be expressed as ecological quality ratios for the purposes of classification of ecological status. These ratios shall represent the relationship between the values of the biological parameters observed for a given body of surface water and the values for these parameters in the reference conditions applicable to that body. The ratio shall be expressed as a numerical value between zero and one, with high ecological status represented by values close to one and bad ecological status by values close to zero. 95 (iii) Each Member State shall divide the ecological quality ratio scale for their monitoring system for each surface water category into five classes ranging from high to bad ecological status, as defined in Section 1.2, by assigning a numerical value to each of the boundaries between the classes. The value for the boundary between the classes of high and good status, and the value for the boundary between good and moderate status shall be established through the intercalibration exercise described below. (iv) The Commission shall facilitate this intercalibration exercise in order to ensure that these class boundaries are established consistent with the normative definitions in Section 1.2 and are comparable between Member States. (v) As part of this exercise the Commission shall facilitate an exchange of information between Members States leading to the identification of a range of sites in each ecoregion in the Community; these sites will form an intercalibration network. The network shall consist of sites selected from a range of surface water body types present within each ecoregion. For each surface water body type selected, the network shall consist of at least two sites corresponding to the boundary between the normative definitions of high and good status, and at least two sites corresponding to the boundary between the normative definitions of good and moderate status. The sites shall be selected by expert inspections and all other available information. judgement based on joint (vi) Each Member State monitoring system shall be applied to those sites in the intercalibration network which are both in the ecoregion and of a surface water body type to which the system will be applied pursuant to the requirements of this Directive. The results of this application shall be used to set the numerical values for the relevant class boundaries in each Member State monitoring system. (vii) Within 3 years of the date of entry into force of the Directive, the Commission shall prepare a draft register of sites to form the intercalibration network which may be adapted in accordance with the procedures laid down in Article 20. The final register of sites shall be established within 4 years of the date of entry into force of the Directive and shall be published by the Commission. (viii) The Commission and Member States shall complete the intercalibration exercise within 18 months of the date on which the finalised register is published. (ix) The results of the intercalibration exercise and the values established for the Member State monitoring system classifications shall be published by the Commission within 6 months of the completion of the intercalibration exercise. 96 1.4.2 Presentation of monitoring results and classification of ecological status and ecological potential (i) For surface water categories, the ecological status classification for the body of water shall be represented by the lower of the values for the biological and physico-chemical monitoring results for the relevant quality elements classified in accordance with the first column of the table set out below. Member States shall provide a map for each River Basin District illustrating the classification of the ecological status for each body of water, colour-coded in accordance with the second column of the table set out below to reflect the ecological status classification of the body of water: Ecological Status Classification Colour Code High Good Moderate Poor Bad Blue Green Yellow Orange Red (ii) For heavily modified and artificial water bodies, the ecological status classification for the body of water shall be represented by the lower of the values for the biological and physico-chemical monitoring results for the relevant quality elements classified in accordance with the first column of the table set out below. Member States shall provide a map for each River Basin District illustrating the classification of the ecological potential for each body of water, colour-coded, in respect of artificial water bodies in accordance with the second column of the table set out below, and in respect of heavily modified water bodies the third column of that table: Ecological Potential Classification Colour Code Artificial Water Bodies Heavily Modified Good and above Equal Green and Light Grey Stripes Equal Green and Dark Grey Stripes Moderate Equal Yellow and Light Grey Stripes Equal Yellow and Dark Grey Stripes Poor Bad Equal Orange and Light Grey Stripes Equal Orange and Dark Grey Stripes Equal Red and Light Grey Stripes Equal Red and Dark Grey Stripes 97 (iii) Member States shall also indicate, by a black dot on the map, those bodies of water where failure to achieve good status or good ecological potential is due to non- compliance with one or more environmental quality standards which have been established for that body of water in respect of specific synthetic and non-synthetic pollutants (in accordance with the compliance regime established by the Member State). 1.4.3 Presentation of monitoring results and classification of chemical status the environmental quality Where a body of water achieves compliance with all standards established in Annex IX, Article 16 and under other relevant Community legislation setting environmental quality standards it shall be recorded as achieving good chemical status. If not, the body shall be recorded as failing to achieve good chemical status. Member States shall provide a map for each River Basin District illustrating chemical status for each body of water, colour-coded in accordance with the second column of the table set out below to reflect the chemical status classification of the body of water: Chemical Status Classification Colour Code Good Failing to Achieve Good Blue Red 98 2. GROUNDWATER 2.1 Groundwater quantitative status 2.1.1 Parameter for the classification of quantitative status Groundwater level regime 2.1.2 Definition of quantitative status Elements Good status Groundwater level The level of groundwater in the groundwater body is such that the available groundwater resource is not exceeded by the long-term annual average rate of abstraction. Accordingly, the level of groundwater is not subject to anthropogenic alterations such as would result in: – under – – failure to achieve the environmental objectives specified Article 4 for associated surface waters any significant diminution in the status of such waters any significant damage to terrestrial ecosystems which depend directly on the groundwater body. and alterations to flow direction resulting from level changes may occur temporarily, or continuously in a spatially limited area, but such reversals do not cause saltwater or other intrusion, and do not indicate a sustained and clearly identified anthropogenically induced trend in flow direction likely to result in such intrusions. 99 2.2 Monitoring of groundwater quantitative status 2.2.1 Groundwater level monitoring network The groundwater monitoring network shall be established in accordance with the requirements of Articles 7 and 8. The monitoring network shall be designed so as to provide a reliable assessment of the quantitative status of all groundwater bodies or groups of bodies including assessment of the available groundwater resource. Member States shall provide a map or maps showing the groundwater monitoring network in the River Basin Management Plan. 2.2.2 Density of monitoring sites The network shall include sufficient representative monitoring points to estimate the groundwater level in each groundwater body or group of bodies taking into account short and long term variations in recharge and in particular: – – for groundwater bodies identified as being at risk of failing to achieve environmental objectives under Article 4, ensure sufficient density of monitoring points to assess the impact of abstractions and discharges on the groundwater level; for groundwater bodies within which groundwater flows across a Member State boundary, ensure sufficient monitoring points are provided to estimate the direction and rate of groundwater flow across the Member State boundary. 2.2.3 Monitoring frequency The frequency of observations shall be sufficient to allow assessment of the quantitative status of each groundwater body or group of bodies taking into account short and long term variations in recharge. In particular: – for groundwater bodies identified as being at risk of failing to achieve environmental objectives under Article 4, ensure sufficient frequency of measurement to assess the impact of abstractions and discharges on the groundwater level, 100 – for groundwater bodies within which groundwater flows across a Member State boundary, to estimate the direction and rate of ensure sufficient groundwater flow across the Member State boundary. frequency of measurement 2.2.4 Interpretation and presentation of groundwater quantitative status The results obtained from the monitoring network for a groundwater body or group of bodies shall be used to assess the quantitative status of that body or those bodies. Subject to Section 2.5 Member States shall provide a map of the resulting assessment of groundwater quantitative status, colour coded in accordance with the following regime: Good – green Poor – red. 101 2.3 Groundwater chemical status 2.3.1 Parameters for the determination of groundwater chemical status Conductivity Concentrations of Pollutants 2.3.2 Definition of good groundwater chemical status Elements General Good status The chemical composition of the groundwater body is such that the concentrations of pollutants: - as specified below, do not exhibit the effects of saline or other intrusions - do not exceed the quality standards applicable to relevant including Council Directive anthropogenic Community legislation, 97/57/EC and Council Directive 98/8/EC pollution under other in failure to achieve the - are not such as would result environmental objectives specified under Article 4 for associated surface waters nor any significant diminution of the ecological or chemical quality of such bodies nor in any significant damage to terrestrial ecosystems which depend directly on the groundwater body Conductivity changes in conductivity are not indicative of saline or other intrusion into the groundwater body 102 2.4 Monitoring of groundwater chemical status 2.4.1 Groundwater monitoring network The groundwater monitoring network shall be established in accordance with the requirements of Articles 7 and 8. The monitoring network shall be designed so as to provide a coherent and comprehensive overview of groundwater chemical status within each river basin and to detect the presence of long term anthropogenically induced upward trends in pollutants. On the basis of the characterisation and impact assessment carried out in accordance with Article 5 and Annex II, Member States shall for each period to which a River Basin Management Plan applies, establish a surveillance monitoring programme. The results of this programme shall be used to establish an operational monitoring programme to be applied for the remaining period of the Plan. Estimates of the level of confidence and precision of the results provided by the monitoring programmes shall be given in the Plan. 2.4.2 Surveillance monitoring Objective Surveillance monitoring shall be carried out in order to: – – upplement and validate the impact assessment procedure provide information for use in the assessment of long term trends both as a result of changes in natural conditions and through anthropogenic activity Selection of monitoring sites 103 Sufficient monitoring sites shall be selected for each of the following: – bodies identified as being at undertaken in accordance with Annex II risk following the characterisation exercise – bodies which cross a Member State boundary. Selection of parameters The following set of core parameters shall be monitored in all the selected groundwater bodies: – – – – – oxygen content pH value conductivity nitrate ammonium 104 Bodies which are identified in accordance with Annex II as being at significant risk of failing to achieve good status shall also be monitored for those parameters which are indicative of the impact of these pressures. Transboundary water bodies shall also be monitored for those parameters which are relevant for the protection of all of the uses supported by the groundwater flow. 2.4.3 Operational monitoring Objective Operational monitoring shall be undertaken in the periods between surveillance monitoring programmes in order to: – – establish the chemical status of all groundwater bodies or groups of bodies determined as being at risk establish the presence of any long term anthropogenically induced upward trend in the concentration of any pollutant. Selection of monitoring sites Operational monitoring shall be carried out for all those groundwater bodies or groups of bodies which on the basis of both the impact assessment carried out in accordance with Annex II and surveillance monitoring are identified as being at risk of failing to meet objectives under Article 4. The selection of monitoring sites shall also reflect an assessment of how representative monitoring data from that site is of the quality of the relevant groundwater body or bodies. Frequency of monitoring 105 Operational monitoring shall be carried out for the periods between surveillance monitoring programmes at a frequency sufficient to detect the impacts of relevant pressures but at a minimum of once per annum. 2.4.4 Identification of trends in pollutants Member States shall use data from both surveillance and operational monitoring in the identification of long term anthropogenically induced upward trends in pollutant concentrations and the reversal of such trends. The base year or period from which trend identification is to be calculated shall be identified. The calculation of trends shall be undertaken for a body or, where appropriate, group of bodies of groundwater. Reversal of a trend shall be demonstrated statistically and the level of confidence associated with the identification stated. 2.4.5 Interpretation and presentation of groundwater chemical status In assessing status, the results of individual monitoring points within a groundwater body shall be aggregated for the body as a whole. Without prejudice to the Directives concerned, for good status to be achieved for a groundwater body, for those chemical parameters for which environmental quality standards have been set in Community legislation: – – the mean value of the results of monitoring at each representative monitoring point in the groundwater body or group of bodies shall be calculated; and the mean value of these calculations for all monitoring points in the groundwater body or group of bodies shall In order to demonstrate compliance, a total of 70 % of those mean values shall comply with theose standards laid down for groundwater in the manner prescribed in the relevant Directive. Subject to section 2.5, Member States shall provide a map of groundwater chemical status, colour-coded as indicated below: Good Poor - - green red Member States shall also indicate by a black dot on the map, those groundwater bodies which are subject to a significant and sustained upward trend in the concentrations of any 106 pollutant resulting from the impact of human activity. Reversal of a trend shall be indicated by a blue dot on the map. These maps shall be included in the River Basin Management Plan. 2.5 Presentation of Groundwater Status Member States shall provide in the River Basin Management Plan a map showing for each groundwater body or groups of groundwater bodies both the quantitative status and the chemical status of that body or group of bodies, colour coded in accordance with the requirements of sections 2.2.4 and 2.4.5. Member States may choose not to provide separate maps under sections 2.2.4 and 2.4.5 but shall in that case also provide an indication in accordance with the requirements of 2.4.5 on the map required under this section of those bodies which are subject to a significant and sustained upward trend in the concentration of any pollutant or any reversal in such a trend. _________________ 107 LISTS OF MEASURES TO BE INCLUDED WITHIN THE PROGRAMMES OF MEASURES ANNEX VI Part A Measures required under the following Directives: i. ii. iii. iv. v. vi. vii. viii. ix. x. xi. The Bathing Water Directive 76/160/EEC The Birds Directive 79/409/EEC45 The Drinking Water Directive 80/778/EEC as amended by Directive 98/83/EC The Major Accidents (Seveso) Directive 96/82/EC46 The Environmental Impact Assessment Directive 85/337/EEC47 The Sewage Sludge Directive 86/278/EEC48 The Urban Waste Water Treatment Directive 91/271/EEC The Plant Protection Products Directive 91/414/EEC The Nitrates Directive 91/676/EEC The Habitats Directive 92/43/EEC49 The Integrated Pollution Prevention Control Directive 96/61/EC 45 46 47 48 49 OJ L 103, 25.4.1979, p. 1. OJ L 10, 14.1.1997, p. 13. OJ L 175, 5.7.1985, p. 40. Directive as amended by Directive 97/11/EC (OJ L 73, 14.3.1997, p. 5). OJ L 181, 8.7.1986, p. 6. OJ L 206, 22.7.1992, p. 7. 108 Part B The following is a non-exclusive list of supplementary measures which Member States within each River Basin District may choose to adopt as part of the Programme of Measures required under Article 11(4): i. ii. iii. iv. v. vi. vii. viii. ix. x. xi. xii. xiii. xiv. xv. xvi. legislative instruments administrative instruments economic or fiscal instruments negotiated environmental agreements emission controls codes of good practice re-creation and restoration of wetlands areas abstraction controls demand management measures, inter alia promotion of adapted agricultural production such as low water requiring crops in areas affected by drought efficiency and re-use measures, inter alia promotion of water efficient technologies in industry and water saving irrigation techniques construction projects desalination plants rehabilitation projects artificial recharge of aquifers educational projects research, development and demonstration projects xvii. other relevant measures _______________ 109 ANNEX VII RIVER BASIN MANAGEMENT PLANS A. River Basin Management Plans shall cover the following elements: 1. a general description of the characteristics of the River Basin District required under Article 5 and Annex II. This shall include: 1.1. For surface waters: – – – mapping of the location and boundaries of water bodies, mapping of the ecoregions and surface water body types within the river basin, identification of reference conditions for the surface water body types; 1.2. For groundwaters: – mapping of the location and boundaries of groundwater bodies; 2. a summary of significant pressures and impact of human activity on the status of surface water and groundwater, including: – – – – estimation of point source pollution, estimation of diffuse source pollution, including a summary of land use, estimation of pressures on the quantitative status of water including abstractions, analysis of other impacts of human activity on the status of water; 3. identification and mapping of protected areas as required by Article 6 and Annex IV; 110 4. a map of the monitoring networks established for the purposes of Article 8 and Annex V, and a presentation in map form of the results of the monitoring programmes carried out under those provisions for the status of: 4.1. surface water (ecological and chemical); 4.2. groundwater (chemical and quantitative); 4.3. protected areas; 5. a list of the environmental objectives established under Article 4 for surface waters, groundwaters and protected areas, including in particular identification of instances where use has been made of Article 4(3), (4), (5) and (6), and the associated information required under that Article; 6. a summary of the economic analysis of water use as required by Article 5 and Annex III; 7. a summary of the programme or programmes of measures adopted under Article 11, including the ways in which the objectives established under Article 4 are thereby to be achieved; 7.1. a summary of the measures required to implement Community legislation for the protection of water; 7.2. a report on the practical steps and measures taken to apply the principle of recovery of the costs of water use in accordance with Article 9; 7.3. a summary of the measures taken to meet the requirements of Article 7; 7.4. a summary of the controls on abstraction and impoundment of water, including reference to the registers and identifications of the cases where exemptions have been made under Article 11(3)(d); 111 7.5. a summary of the controls adopted for point source discharges and other activities with an impact on the status of water in accordance with the provisions of Article 11(3)(e) and 11.3(f); 7.6. an identification of the cases where direct discharges to groundwater have been authorised in accordance with the provisions of Article 11(3)(g); 7.7. a summary of the measures taken in accordance with Article 16 on priority substances; 7.8. a summary of the measures taken to prevent or reduce the impact of accidental pollution incidents; 7.8.a a summary of measures taken under Article 11(5) for bodies of water, which are unlikely to achieve the objectives set out in Article 4. 7.9. details of the supplementary measures identified as necessary in order to meet environmental objectives established; the 7.10. details of the measures taken to avoid increase in pollution of marine waters in accordance with Article 11(6); 8. 9. a register of any more detailed programmes and management plans for the River Basin District dealing with particular sub-basins, sectors, issues or water types, together with a summary of their contents; a summary of the public information and consultation measures taken, their results and the changes to the plan made as a consequence; 10. a list of competent authorities in accordance with Annex I; 11. the contact points and procedures for obtaining the background documentation and information referred to in Article 14(1), and in particular details of the control measures adopted in accordance with Article 11(3)(e) and 11(3)(f) and of the actual monitoring data gathered in accordance with Article 8 and Annex V. 112 B. The first update of the River Basin Management Plan and all subsequent updates shall also include: 1. 2. 3. 4. a summary of any changes or updates since the publication of the previous version of the River Basin Management Plan, including a summary of the reviews to be carried out under Article 4(3), (4), (5) and (6); an assessment of the progress made towards the achievement of the environmental objectives, including presentation of the monitoring results for the period of the previous plan in map form, and an explanation for any environmental objectives which have not been reached; a summary of, and an explanation for, any measures foreseen in the earlier version of the River Basin Management Plan which have not been undertaken; a summary of any additional interim measures adopted under Article 11(5) since the publication of the previous version of the River Basin Management Plan. __________________ 113 ANNEX VIII INDICATIVE LIST OF THE MAIN POLLUTANTS 1. Organohalogen compounds and substances which may form such compounds in the aquatic environment. 2. Organophosphorus compounds. 3. Organotin compounds. 4. Substances and preparations, or the breakdown products of such, which have been proved to possess carcinogenic or mutagenic properties or properties which may affect steroidogenic, thyroid, reproduction or other endocrine-related functions in or via the aquatic environment. 5. Persistent hydrocarbons and persistent and bioaccumulable organic toxic substances. 6. Cyanides. 7. Metals and their compounds. 8. Arsenic and its compounds. 9. Biocides and plant protection products. 10. Materials in suspension. 11. Substances which contribute to eutrophication (in particular, nitrates and phosphates). 114 12. Substances which have an unfavourable influence on the oxygen balance (and can be measured using parameters such as BOD, COD, etc.). 13. Man-made radioactive substances. ________________ 115 ANNEX IX EMISSION LIMIT VALUES AND ENVIRONMENTAL QUALITY STANDARDS the daughter Directives of The "limit values" and "quality objectives" established under Directive 76/464/EEC shall be considered emission limit values and environmental quality standards, respectively, for the purposes of this Directive. They are established in the following Directives: i. The Mercury Discharges Directive (82/176/EEC)50; ii. The Cadmium Discharges Directive (83/513/EEC)51; iii. The Mercury Directive (84/156/EEC)52; iv. The Hexachlorocyclohexane Discharges Directive (84/491/EEC)53, and v. The Dangerous Substance Discharges Directive (86/280/EEC)54 ________________ 50 51 52 53 54 OJ No L 81, 27.3.1982, p. 29. OJ No L 291, 24.10.1983, p. 1. OJ No L 74, 17.3.1984, p. 49. OJ No L 274, 17.10.1984, p. 11. OJ No L 181, 4.7.1986, p. 16. 116 ANNEX X PRIORITY SUBSTANCES _____________ 117 MAP A ANNEX XI System A: Ecoregions for rivers and lakes 118 System A: Ecoregions for Transitional waters and Coastal waters MAP B 1. 2. 3. Atlantic Ocean Norwegian Sea Barents Sea North Sea Baltic Sea Mediterranean Sea 4. 5. 6. 119
http://publications.europa.eu/resource/cellar/199adb93-4a3d-49be-a3ea-fea3e8831705
92000E001764
WRITTEN QUESTION P-1764/00 by Glyn Ford (PSE) to the Council. Freedom of the press in Russia.
2000-06-05
eng
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C 72 E/112 Official Journal of the European Communities EN 6.3.2001 Current statistical methods for determining olive oils(cid:146) geographical origin via a database contain inherent inaccuracies which may cause oils to be wrongly classified, but the Commission is following with great interest the research being undertaken into improving those methods. (1) OJ L 248, 5.9.1991. (2001/C 72 E/140) WRITTEN QUESTION P-1764/00 by Glyn Ford (PSE) to the Council (5 June 2000) Subject: Freedom of the press in Russia Does the Council believe that the search carried out by the FSB (the former KGB) in the offices of the independent MediaMost Press Group is an indication of a new climate, 10 years after the fall of the Berlin Wall and some years after the abolition of Communism in Russia? Is the Council concerned about this attack on the freedom of the press and on MediaMost and its television station, NTV, whose President, Vladimir Goussinsky, is also an important figure in the Russian Jewish Community? Will the Council ask the Russian President, Vladimir Putin, to ensure freedom of expression and to denounce such practices, unacceptable in a state based on the rule of law, is a member of the Council of Europe and which hopes, one day, to join the European Union? Reply (26 September 2000) The Council noted with concern the search carried out by the FSB in the offices of the MediaMost Press Group. It has repeatedly stressed to the Russian authorities, notably at the EU-Russia Summit on 29 May, that freedom and independence of the media are an essential component of any democratic, free and open society. Respect for fundamental democratic principles is a cornerstone of the partnership between the EU and Russia and an essential element of the PCA. Support for consolidation of Russian public institutions, particularly its executive, legislative and judicial bodies in accordance with democratic principles is among the principal objectives of the EU(cid:146)s Common Strategy on Russia. The Council will continue supporting democratic reforms in Russia and closely following developments in this area, with particular attention to the freedom of the media. (2001/C 72 E/141) WRITTEN QUESTION E-1768/00 by Graham Watson (ELDR) to the Commission (31 May 2000) Subject: The Hallmarking of Precious Metals At present, there is no harmonisation of weight limits above which hallmarking is compulsory. In the UK it is 7,78 gm for sterling silver, whereas in Holland it is 1 gm, causing problems when selling goods there, even when they have been marked by the Assay Office in Britain. Would the Commission give further consideration to a practical solution to this, which would be to harmonise the weight limit throughout the EU, thus creating a level platform in the supply of precious metal jewellery?
http://publications.europa.eu/resource/cellar/c0957a16-1319-40e0-ad01-540430d52d74
32000R1181
http://data.europa.eu/eli/reg/2000/1181/oj
Commission Regulation (EC) No 1181/2000 of 5 June 2000 fixing, for May 2000, the specific exchange rate for the amount of the reimbursement of storage costs in the sugar sector
2000-06-05
eng
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[ "agri-monetary policy", "national currency", "representative rate", "storage cost", "sugar" ]
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6.6.2000 EN Official Journal of the European Communities L 133/3 COMMISSION REGULATION (EC) No 1181/2000 of 5 June 2000 fixing, for May 2000, the specific exchange rate for the amount of the reimbursement of storage costs in the sugar sector THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 2038/1999 of 13 September 1999 on the common organisation of the markets in the sugar sector (1), Having regard to Council Regulation (EC) No 2799/98 of 15 December 1998 establishing agrimonetary arrangements for the euro (2), Having regard to Commission Regulation (EEC) No 1713/93 of 30 June 1993 establishing special detailed rules for applying the agricultural conversion rate in the sugar sector (3), as last amended by Regulation (EC) No 1642/1999 (4), and in partic- ular Article 1(3) thereof, Whereas: (1) Article 1(2) of Regulation (EEC) No 1713/93 provides that the amount of the reimbursement of storage costs referred to in Article 8 of Regulation (EC) No 2038/ 1999 is to be converted into national currency using a specific agricultural conversion rate equal to the average, calculated pro rata temporis, of the agricultural conversion rates applicable during the month of storage. That specific rate must be fixed each month for the previous the reimbursable in the case of month. However, amounts applying from 1 January 1999, as a result of the introduction of the agrimonetary arrangements for the euro from that date, the fixing of the conversion rate rates should be prevailing between the euro and the national currencies of the Member States that have not adopted the single currency. limited to the exchange specific (2) Application of these provisions will lead to the fixing, for May 2000, of the specific exchange rate for the amount of the reimbursement of storage costs in the various national currencies as indicated in the Annex to this Regulation, HAS ADOPTED THIS REGULATION: Article 1 The specific exchange rate to be used for converting the amount of the reimbursement of the storage costs referred to in Article 8 of Regulation (EC) No 2038/1999 into national currency for May 2000 shall be as indicated in the Annex hereto. Article 2 This Regulation shall enter into force on 6 June 2000. It shall apply with effect from 1 May 2000. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 5 June 2000. For the Commission Franz FISCHLER Member of the Commission (1) OJ L 252, 25.9.1999, p. 1. (2) OJ L 349, 24.12.1998, p. 1. (3) OJ L 159, 1.7.1993, p. 94. (4) OJ L 195, 28.7.1999, p. 3. L 133/4 EN Official Journal of the European Communities 6.6.2000 to the Commission Regulation of 5 May 2000 fixing, for May 2000, the exchange rate for the amount of the reimbursement of storage costs in the sugar sector ANNEX Specific exchange rate EUR 1 = 7,45654 336,570 8,22553 0,598984 Danish kroner Greek drachma Swedish kroner Pound sterling
http://publications.europa.eu/resource/cellar/2fb4bfc1-6385-41bd-9f65-8432369e8c85
92000E001728
WRITTEN QUESTION E-1728/00 by Ioannis Souladakis (PSE), Ulpu Iivari (PSE) and Michel Rocard (PSE) to the Council. Safeguarding of European music copyright in the United States.
2000-06-05
eng
[ "European Parliament", "Provisional data" ]
[]
[]
[]
[ "html", "pdf", "print" ]
[ "United States", "copyright", "extra-EU trade", "music", "trade dispute" ]
[ "888", "529", "618", "2023", "6173" ]
C 72 E/106 Official Journal of the European Communities EN 6.3.2001 Answer given by Mr Verheugen on behalf of the Commission (4 July 2000) The Commission is aware of the questions regarding the Aegean Sea, which remain to be solved. The Helsinki European Council, in its conclusions, has stated that it (cid:145)stresses the principle of peaceful settlement of disputes in accordance with the United Nations Charter and urges candidate States to make every effort to resolve any outstanding disputes and other related issues. Failing this they should within a reasonable time bring the dispute to the International Court of Justice. The European Council will review the situation relating to any outstanding disputes, in particular concerning the repercussions on the accession process and in order to promote their settlement through the International Court of Justice, at the latest by the end of 2004(cid:146). Any efforts to include this issue in the political dialogue which takes place in the context of closer relations between Greece and Turkey, should therefore be encouraged. (2001/C 72 E/131) WRITTEN QUESTION E-1728/00 by Ioannis Souladakis (PSE), Ulpu Iivari (PSE) and Michel Rocard (PSE) to the Council Subject: Safeguarding of European music copyright in the United States (5 June 2000) According to existing legislation in the United States, restaurants, bars and similar enterprises in the country are exempted from paying copyright fees on music played at their premises. Consequently, European music played at these enterprises loses its share of copyright payments. Recently, the WTO accused the USA of violating the international copyright standards on music. To date, no measures have been taken in the United States to correct the situation. Therefore, European music production still loses a large amount of income. What measures will the Council take to safeguard the rights of European music played in the aforemen- tioned enterprises in the United States? Reply (28 September 2000) i.e. Section 110(5) of the United States In the matter referred to by the honourable Parliamentarians, Copyright Act as amended by the (cid:145)Fairness in Music Licensing Act(cid:146) (enacted on 27 October 1998), the EC and its Member States have consistently acted to bring about changes to this law which would ensure that the interests of European singers and songwriters would be effectively protected in the United States. In particular, in the framework of the WTO, the EC and its Member States have requested and obtained the establishment of a panel under Article 6 of the Understanding on Rules and Procedures Governing the Settlement of Disputes ((cid:145)DSU(cid:146)) and Article 64.1 of the Agreement on Trade-Related Aspects of Intellectual Property Rights ((cid:145)TRIPS Agreement(cid:146)). The panel has made a report which was circulated on 15 June 2000. In the report, the panel concludes that parts of the relevant US legislation do not meet the requirements of the TRIPS Agreement and recommends that the WTO Dispute Settlement Body request the United States to bring its Act into conformity with US obligations under the TRIPS Agreement. A party to the dispute has sixty days from the date of circulation of the report to appeal to the WTO Appellate Body. This period will elapse on 14 August 2000 and the Council will then be able to take stock of the situation and assess, notably through the Article 133 Committee, how best to pursue European interests in this matter, in accordance with WTO rules.
http://publications.europa.eu/resource/cellar/67477591-c348-4beb-a4ac-185cd2680ea0
92000E001825
WRITTEN QUESTION P-1825/00 by Brian Crowley (UEN) to the Council. Elections in Peru.
2000-06-05
eng
[ "European Parliament", "Provisional data" ]
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[]
[ "html", "pdf", "print" ]
[ "Peru", "democracy", "election monitoring", "fact-finding mission", "presidential election" ]
[ "2331", "381", "3035", "5744", "704" ]
13.3.2001 EN Official Journal of the European Communities C 81 E/99 (2001/C 81 E/118) WRITTEN QUESTION P-1825/00 by Brian Crowley (UEN) to the Council (5 June 2000) Subject: Elections in Peru As the Council is aware, the Presidential candidate Alejandro Toledo withdrew from the run-off in the Peruvian Presidential elections of 28 May, stating that a postponement was the only way to ensure that the election conditions would be improved and that the run-off would not be fraudulent. He also asked for the date of the election to be changed to 18 June 2000. Furthermore, the Electoral Observation Mission of the Organisation of American States announced that it would suspend its election observation because of the lack of consistency and accuracy in the National Office of Electoral Processes and that it was necessary to be able to offer sufficient guarantees to the Peruvian population as a whole that their votes would be respected. Will the Council make a statement with regard to the developments in the Presidential elections in Peru referred to above and outline its policy for future relations with Peru, and would it go so far as to consider the imposition of sanctions, should the present position remain unchanged? Reply (28 September 2000) As the Honourable Member probably is aware, the EU and its member states withdrew their monitoring teams, following Peruvian electoral authorities decision to reject the postponement of the second round of the Presidential elections and the ruling that Mr. Toledo remained a candidate despite his decision to boycott the ballot. On this occasion, the EU issued a declaration announcing its decision to withdraw its monitoring mission and underlined its deep concern in relation to the decision of the (cid:145)Jurado Nacional de Elecciones(cid:146). The EU stated that the decision would (cid:145)not allow time to overcome the difficulties observed during the electoral process(cid:146) and, therefore, would (cid:145)not permit the elections to take place in a credible manner and in accordance with international standards.(cid:146) The declaration also drew attention to the need to respect the principles of constitutional democracy and political pluralism, recalling that the engagement to abide by those principles is a precondition to the development of its political and economic ties with Peru. On 9 June 2000, following the decision of the OAS to send, on the invitation of the Peruvian authorities, a new mission to Peru, the Presidency, on behalf of the European Union, further issued a Declaration on the situation in Peru. The declaration reiterated the European Union(cid:146)s deep concern over the number of irregularities and anomalies reported during the elections and the subsequent reduction of the democratic legitimacy the elections would otherwise have provided. It welcomed the decision of the OAS to send a mission to Peru to explore options and recommendations aimed at further strengthening democracy and underlined the strong importance the EU attaches to the success of the mission. The declaration furthermore expressed the will on the part of the European Union to put its weight behind all democratic forces active in Peru that strive for a reinforcement of institutions to safeguard the peoples right of political freedom and participation and the rule of law. The European Union also called upon all political forces, and specially the Government, to work for consensus, through dialogue, in order to find sufficient ground for compromise to strengthen democracy in Peru, allowing the opposition to fully participate in the political debate. The Council, as stated in the declaration, will continue to closely follow the situation in Peru and its development and, in this light, will examine its relations with this country.
http://publications.europa.eu/resource/cellar/30e7b70a-6022-4068-a8ce-d8fce24dc37f
92000E001755
WRITTEN QUESTION E-1755/00 by Theresa Villiers (PPE-DE) to the Council. Tax groups.
2000-06-05
eng
[ "European Parliament", "Provisional data" ]
[]
[]
[]
[ "html", "pdf", "print" ]
[ "European tax cooperation", "committee (EU)", "operation of the Institutions" ]
[ "6342", "6049", "5640" ]
C 89 E/80 Official Journal of the European Communities EN 20.3.2001 Joint answer to Written Questions P-1746/00 and P-1823/00 given by Mr Prodi on behalf of the Commission (3 August 2000) As the Commission has already stated in reply to several questions by Members of the Parliament, the bilateral measures taken by the governments of 14 Member States with regard to the government coalition in Austria are not matters relating to the EU-Treaty or EC-Treaty and do not affect the rights and obligations of any Member State under Community law. The Commission also repeatedly stated that it will continue to accomplish its role as the guardian of the provisions and values set down in the Treaties and on which the Union is founded and that it confirms its determination to do so. As the Honourable Member will be aware, a report on the Austrian Government(cid:146)s compliance with the European Union(cid:146)s shared values is being drawn up, at the request of the Member States, by three leading figures appointed by the President of the European Court of Human Rights. (2001/C 89 E/081) WRITTEN QUESTION E-1755/00 by Theresa Villiers (PPE-DE) to the Council (5 June 2000) Subject: Tax groups Can the Council please provide details of all formal and informal groups and committees currently active in the field of taxation and taxation policy at EU level? Specifically, could the Council please state: (a) the remit of these groups, (b) their composition, (c) the date these groups first met, and (d) what future meetings are scheduled? Reply (23 October 2000) The Council working parties competent in tax matters are the Working Party on Tax Questions and the Code of Conduct Group (Business Taxation). The Working Party on Tax Questions is responsible for preparing all the Permanent Representatives Committee(cid:146)s and the Council(cid:146)s proceedings in the tax field, with the exception of those in connection with the Code of Conduct (Business Taxation). The Working Party consists of national civil servants and a representative of the Commission who are competent in the areas covered by the Working Party(cid:146)s proceedings. The Code of Conduct Group (Business Taxation) is responsible for assessing tax measures likely to come within the scope of the code of conduct in the field of business taxation and monitoring the communica- tion of information on those measures. The Group consists of a high-level representative and an alternate from each Member State and the Commission. The Member States and the Commission can appoint up to two alternates who may take the place of the high-level representative or the alternate when one of them is unable to attend a Group meeting. The Group met for the first time on 8 May 1998. 20.3.2001 EN Official Journal of the European Communities C 89 E/81 There is no fixed programme for the meetings of these working parties. As a general rule the Working Party on Tax Questions meets once or twice a week. The Code of Conduct Group (Business Taxation) has met 20 times since it was set up. Under the Council Conclusions of 9 March 1998 the Group must meet at least twice a year at high level to facilitate the political direction of the Group(cid:146)s proceedings. There are also the Working Party on Tax Fraud and the High-level Working Party on Taxation, which have just concluded their proceedings. Finally, there are working parties and committees at the Commission that work in the field of taxation. (2001/C 89 E/082) WRITTEN QUESTION E-1757/00 by Alejandro Cercas (PSE) to the Commission (31 May 2000) Subject: Aid to the dried fruit and carob sector The Commission has acknowledged that, in view of the continuing impact of imports, there is a need for aid to be provided for the dried fruit and carob sector using the instruments referred to in the Rural Development Regulation. This does not meet the needs of the dried fruit and carob sector since the Member States have already drawn up their RDPs and the latter do not have the necessary budgetary means to assure the survival of the sector. Moreover, it is a problem affecting the market and should be dealt with using market related measures which are equally applicable throughout the regions concerned so as not to lead to distortions of competition between producers. Therefore, does the Commission not consider that there are sound reasons for maintaining the aid provided for the dried fruit and carob sector? Answer given by Mr Fischler on behalf of the Commission (11 July 2000) The Honourable Member is referred to the Commission(cid:146)s answers to Written Questions E-524/00 by Mr Pittella and others (1), P-989/00 by Mr Martinez (2), E-1356/00 by Mr HernÆndez Mollar (3) and to the reply it gave to Oral Question H-428/00 by Mr Esteve during question time at Parliament(cid:146)s May 2000 part-session (4). (1) OJ C 26 E, 26.1.2001, p. 57. (2) OJ C 53 E, 20.2.2001, p. 50. (3) OJ C 81 E, 13.3.2001, p. 29. (4) Debates of the European Parliament (May 2000). (2001/C 89 E/083) WRITTEN QUESTION E-1759/00 by Ilda Figueiredo (GUE/NGL) to the Commission Subject: European cooperation project on adult education (31 May 2000) The trade union (cid:145)Sinorquifa (cid:129) Sindicato dos Trabalhadores da Qu(cid:237)mica, FarmacŒutica, Petr(cid:243)leo e GÆs do Norte(cid:146) (CGTP-IN), representing workers in the chemical, pharmaceutical, oil and gas industries, has concluded a partnership protocol with the (cid:145)Syndicat CGT Energie et Mines, Midi, PyrØnØes, Toulouse(cid:146) and the (cid:145)Federaci(cid:243)n de Qu(cid:237)mica (cid:129) CCIG/Galicia(cid:146) within the framework of the PACE project (European Programme of Advanced Continuing Education), established as part of the Grundtvig/Socrates/Leonardo da Vinci programmes.
http://publications.europa.eu/resource/cellar/138959ad-3de8-4fa2-be2e-0db68eeda15b
32000R1191
http://data.europa.eu/eli/reg/2000/1191/oj
Commission Regulation (EC) No 1191/2000 of 6 June 2000 amending Regulation (EC) No 1760/98 increasing to 3 060 000 tonnes the quantity of barley held by the French intervention agency for which a standing invitation to tender for export has been opened
2000-06-06
eng
[ "European Commission" ]
[]
[]
[]
[ "pdf", "print" ]
[ "France", "award of contract", "barley", "export", "intervention agency" ]
[ "1085", "20", "2193", "946", "3170" ]
7.6.2000 EN Official Journal of the European Communities L 134/23 COMMISSION REGULATION (EC) No 1191/2000 of 6 June 2000 amending Regulation (EC) No 1760/98 increasing to 3 060 000 tonnes the quantity of barley held by the French intervention agency for which a standing invitation to tender for export has been opened THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, (4) Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals (1), as last amended by Regulation (EC) No 1253/ 1999 (2), and in particular Article 5 thereof, Whereas: (1) (2) Commission Regulation (EEC) No 2131/93 (3), as last amended by Regulation (EC) No 39/1999 (4), lays down the procedures and conditions for the disposal of cereals held by the intervention agencies. for Commission Regulation (EC) No 1760/98 (5), as last amended by Regulation (EC) No 1083/2000 (6), opened a standing invitation to tender the export of 3 010 000 tonnes of barley held by the French interven- tion agency. France informed the Commission of the intention of its intervention agency to increase by 50 000 tonnes the quantity for which a standing invita- tion to tender for export has been opened. The total quantity of barley held by the French intervention agency for which a standing invitation to tender for export has been opened should be increased to 3 060 000 tonnes. store. Annex I to Regulation (EC) No 1760/98 must therefore be amended. 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 1760/98 is hereby amended as follows: 1. Article 2 is replaced by the following: ‘Article 2 1. The invitation to tender shall cover a maximum of 3 060 000 tonnes of barley to be exported to all third countries with the exception of the United States, Canada and Mexico. The regions in which the 3 060 000 tonnes of barley 2. are stored are stated in Annex I to this Regulation.’ 2. Annex I is replaced by the Annex hereto. Article 2 (3) This increase in the quantity put out to tender makes it necessary to alter the list of regions and quantities in This Regulation shall enter into force on the day of its publica- tion in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 6 June 2000. For the Commission Franz FISCHLER Member of the Commission (1) OJ L 181, 1.7.1992, p. 21. (2) OJ L 160, 26.6.1999, p. 18. (3) OJ L 191, 31.7.1993, p. 76. (4) OJ L 5, 9.1.1999, p. 64. (5) OJ L 221, 8.8.1998, p. 13. (6) OJ L 122, 24.5.2000, p. 41. L 134/24 EN Official Journal of the European Communities 7.6.2000 ANNEX ‘ANNEX I Place of storage Amiens Châlons Clermont Dijon Lille Nantes Nancy Orléans Paris Poitiers Rouen Toulouse (tonnes) Quantity 159 000 323 600 10 000 217 000 627 500 50 800 75 600 556 400 154 400 240 300 644 000 1 400’
http://publications.europa.eu/resource/cellar/491849f2-e3f1-4b50-acff-b97c71d41205
32000L0030
http://data.europa.eu/eli/dir/2000/30/oj
Directive 2000/30/EC of the European Parliament and of the Council of 6 June 2000 on the technical roadside inspection of the roadworthiness of commercial vehicles circulating in the Community
2000-06-06
eng
[ "Council of the European Union", "European Parliament" ]
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[]
[]
[ "html", "pdf", "print" ]
[ "commercial vehicle", "intra-EU transport", "road traffic", "roadworthiness tests", "technical specification", "traffic control" ]
[ "4658", "4521", "3127", "3117", "3645", "3107" ]
10.8.2000 EN Official Journal of the European Communities L 203/1 I (Acts whose publication is obligatory) DIRECTIVE 2000/30/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 6 June 2000 on the technical roadside inspection of the roadworthiness of commercial vehicles circulating in the Community THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, (3) Having regard to the Treaty establishing the European Community, and in particular Article 71(1)(c) and (d) thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of Committee (2), the Economic and Social After consulting the Committee of the Regions, Acting in accordance with the procedure laid down in Article 251 of the Treaty (3), Whereas: (1) (2) The growth of traffic presents all Member States with safety and environmental problems of a similar nature and seriousness. is in the interest of It road safety, environmental protection and equitable competition that commercial vehicles should be used only if they are maintained to a high degree of technical roadworthiness. (1) OJ C 190, 18.6.1998, p. 10, and OJ C 116E, 26.4.2000, p. 7. (2) OJ C 407, 28.12.1998, p. 112. (3) Opinion of the European Parliament of 9 February 1999, (OJ C 150, 28.5.1999, p. 27), Council Common Position of 2 December 1999 and Decision of the European Parliament of 14 March 2000 (not yet published in the Official Journal). Council Decision of 13 April 2000. In accordance with Directive 96/96/EC of 20 December 1996 on the approximation of the laws of the Member States relating to roadworthiness tests for motor vehicles and their trailers (4), commercial vehicles undergo an inspection by an authorised body every year. (4) Article 4 of Directive 94/12/EC (5) provides for a cost/effectiveness approach to the multi-directional aspects of the measures intended to reduce the pollution caused by road transport; whereas the European (cid:145)Auto-oil I(cid:146) programme incorporated that approach and gave an objective assessment of all the most profitable measures in the fields of vehicle technology, fuel quality, monitoring and maintenance as well as non-technical measures, emissions by road to reduce transport. in order (5) In view of that approach, the European Parliament and the Council adopted Directive 98/70/EC (6), intended to improve fuel quality and, with a view to laying down stricter emission standards, Directive 98/69/EC (7), for private motor cars and light commercial vehicles and Directive 1999/96/EC (8) for heavy goods vehicles. (4) OJ L 46, 17.2.1997, p. 1. Directive as amended by Commission Directive 1999/52/EC (OJ L 142, 5.6.1999, p. 26). (5) Directive 94/12/EC of the European Parliament and of the Council of 23 March 1994 relating to measures to be taken against air pollution by emissions from motor vehicles and amending Directive 70/220/EEC (OJ L 100, 19.4.1994, p. 42). (6) Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC (OJ L 350, 28.12.1998, p. 58). (7) Directive 98/69/EC of the European Parliament and of the Council of 13 October 1998 relating to measures to be taken against air pollution by emissions from motor vehicles and amending Council Directive 70/220/EEC (OJ L 350, 28.12.1998, p. 1). (8) Directive 1999/96/EC of the European Parliament and of the Council of 13 December 1999 on the approximation of the laws of the Member States relating to measures to be taken against the emission of gaseous and particulate pollutants from compression ignition engines for use in vehicles, and the emission of gaseous pollutants from positive ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles and amending Council Directive 88/77/EEC (OJ L 44, 16.2.2000, p. 1). L 203/2 EN Official Journal of the European Communities 10.8.2000 (6) (7) (8) (9) (10) (11) (12) (13) This Directive forms part of the same approach, but it would appear to be more effective from the point of view of environmental protection not at this stage to tighten the standards laid down for roadworthiness tests in Directive 96/96/EC but technical roadside inspections in order to ensure application of that Directive throughout the year. to provide for is in fact The regulated annual roadworthiness test considered not to guarantee that commercial vehicles tested are in roadworthy condition throughout the year. to be sufficient enforcement roadside Effective technical cost-effective measure maintenance of commercial vehicles on the road. through inspection targeted an is to control additional important standard of the Roadside roadworthiness inspections should be carried out without the nationality of the driver or of the country of registration or entry into service of the commercial vehicle. discrimination grounds on of The method of inspection selection should be based on a targeted approach, giving greatest effort to identifying vehicles that seem most likely to be poorly maintained and thereby enhancing the authorities’ operational effectiveness and minimising the costs and delays to drivers and operators. In the event of serious deficiencies in a vehicle inspected it must be possible to ask the competent authorities of the Member State in which the vehicle is registered or in which the vehicle was brought into service to take appropriate measures requesting and Member State of any follow-up measures taken. inform the the Community; this Directive does not go beyond what is necessary for that purpose, HAVE ADOPTED THIS DIRECTIVE: Article 1 1. In order to improve road safety and the environment, the purpose of this Directive shall be to ensure that commercial vehicles circulating within the territories of the Member States of the Community comply more fully with certain technical conditions imposed by Directive 96/96/EC. This Directive establishes certain conditions for roadside the roadworthiness of commercial vehicles 2. inspections of circulating within the territory of the Community. regulations, to Community 3. Without prejudice this Directive shall not, however, affect the Member States’ right to carry out inspections not covered by this Directive or to check other aspects of road transport, in particular those relating to commercial vehicles. On the other hand, there is nothing to inspections not prevent a Member State, covered by the scope of from checking the items listed in Annex I in places other than on the public highway. in the context of this Directive, Article 2 For the purposes of this Directive: (a) (cid:145)commercial vehicle(cid:146) shall mean those motor vehicles and trailers defined in categories 1, 2 and 3 of Annex I to Directive 96/96/EC; The measures necessary for implementing this Directive shall 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 (1). (b) (cid:145)technical roadside inspection(cid:146) shall mean an inspection of a technical nature, not announced by the authorities and therefore unexpected, of a commercial vehicle circulating within the territory of a Member State carried out on the their public highway by supervision; authorities, or under the In accordance with the subsidiarity and proportionality principles as set out in Article 5 of the Treaty, the objectives of the proposed action, namely to establish a regime of roadside inspections of commercial vehicles circulating in the Community, cannot be sufficiently achieved by the Member States and can, therefore, by reason of the scale of the action be better achieved by (c) shall mean a test of a vehicle’s (cid:145)roadworthiness technical roadworthiness as provided for in Annex II to Directive 96/96/EC. test(cid:146) Article 3 (1) OJ L 184, 17.7.1999, p. 23. Each Member State shall 1. introduce technical roadside inspections such as will achieve the objectives stated in Article 10.8.2000 EN Official Journal of the European Communities L 203/3 1 as regards commercial vehicles covered by this Directive, bearing in mind the national arrangements applicable to such vehicles under Directive 96/96/EC. Article 5 Every technical roadside inspection shall be carried out 2. without discrimination on grounds of the nationality of the driver or of the country of registration or entry into service of the commercial vehicle, bearing in mind the need to minimise the costs and delays entailed for drivers and operators. 1. The technical roadside inspection report relating to the inspection referred to in Article 4(1)(c) shall be drawn up by the authority or inspector having carried it out. A specimen report is contained in Annex I, point 10 of which contains a checklist. The authority or inspector must tick the relevant boxes. The report must be given to the driver of the commercial vehicle. Article 4 A technical roadside inspection shall comprise one, two 1. or all of the following aspects: (a) a visual assessment of the maintenance condition of the commercial vehicle when stationary; (b) a check on a recent roadside technical inspection report as referred to in Article 5 or on the documentation attesting to the vehicle’s technical roadworthiness and in particular, in the case of a vehicle registered or put into service in a the commercial vehicle has Member State, proof undergone a statutory technical roadworthiness test in accordance with Directive 96/96/EC; that (c) an inspection for irregularities covering one, more than one or all of the items to be checked listed in Annex I, point 10. If the inspector considers authority or 2. that the deficiencies in the maintenance of a commercial vehicle may represent a safety risk such that, as regards the brakes in particular, the commercial vehicle may be subjected to a more elaborate test at a testing centre in the vicinity, designated by the Member State, in accordance with Article 2 of Directive 96/96/EC. further examination is justified, If it becomes clear that a commercial vehicle presents a serious risk to its occupants or other road users either during the roadside inspection referred to in Article 4(1) or during the more elaborate test referred to in the first subparagraph of this paragraph, use of that vehicle may be prohibited until the dangerous deficiencies discovered have been rectified. Article 6 Every two years, before 31 March, Member States shall communicate to the Commission the data collected relating to the previous two years concerning the number of commercial vehicles checked, classified by category in accordance with Annex I, point 6 and by the country of registration, and the items checked and defects noted, on the basis of Annex I, point 10. An inspection of the braking systems and exhaust 2. emissions shall be carried out in accordance with the rules laid down in Annex II. The first data submitted shall cover a period of two years beginning on 1 January 2003. 3. Before carrying out an inspection of the items listed in Annex I, point 10, the inspector shall take into consideration the last roadworthiness certificate and/or a recent technical roadside inspection report which the driver may produce. The Commission shall European Parliament. forward this information to the Article 7 The inspector may also take into consideration any other safety certificate issued by an approved body, presented, where appropriate, by the driver. 1. Member States shall assist one another in applying this they shall provide each other with Directive. details of the office(s) responsible for carrying out the checks and of the names of contact persons. In particular, Where these certificates and/or report prove that an inspection of one of the items listed in Annex I, point 10, has been carried out in the course of the preceding three months, that item shall not be checked again, except where justified in particular on the grounds of an obvious defect and/or irregularity. 2. Serious deficiencies in a commercial vehicle belonging to a non-resident, in particular those resulting in a ban on using the vehicle, shall be reported to the competent authorities of the Member State in which the vehicle is registered or has been put into service by means of the specimen report in L 203/4 EN Official Journal of the European Communities 10.8.2000 Annex I, without prejudice to the prosecution in accordance with the legislation in force in the Member States in which the deficiency was recorded. They shall take all necessary measures to ensure that these penalties are enforced. The penalties thus provided for shall be effective, proportionate and dissuasive. Without prejudice to Article 5, the competent authorities of the Member State in which a serious deficiency has been found in a commercial vehicle belonging to a non-resident may ask the competent authorities of the Member State in which the vehicle is registered or has been put into service to take appropriate measures with regard to the offender, for example submitting the vehicle to a further roadworthiness inspection. The competent authorities to which such a request is made shall notify the competent authorities of the Member State in which the deficiencies of the commercial vehicle were found of any measures taken with regard to the offender. Article 11 Within a year of receiving the data referred to in Article 6 from the Member States, the Commission shall submit to the Council a report on the application of this Directive together with a summary of the results achieved. The first report shall cover the period of two years beginning on 1 January 2003. Article 8 Article 12 Any amendments which are necessary to adapt Annex I or the technical standards defined in Annex II to technical progress shall be adopted in accordance with the procedure laid down in Article 9(2). Such amendments must not, however, result in the scope of this Directive being extended. Article 9 1. The Commission shall be assisted by the Committee on the Adaptation to Technical Progress set up pursuant to Article (cid:145)the 8 of Directive 96/96/EC, hereinafter Committee(cid:146). referred to as 1. The Member States shall bring into force the laws, regulations and administrative provisions necessary for them to comply with this Directive no later than 6 June 2002. They shall forthwith inform the Commission thereof. 2. When the Member States adopt those measures they shall include references to this Directive or shall add such references on their official publication. The Member States shall lay down the manner in which such references shall be made. The Member communicate States 3. Commission the texts of the provisions of national they adopt in the field governed by this Directive. shall the to law that Article 13 2. Where reference is made to this paragraph, Articles 5 in compliance and 7 of Decision 1999/468/EC shall apply, with the provisions of Article 8 thereof. This Directive shall enter publication in the Official Journal of the European Communities. into force on the day of its The period provided for 1999/468/EC shall be laid down as three months. in Article 5(6) of Decision Article 14 3. The Committee shall adopt its rules of procedure. This Directive is addressed to the Member States. Article 10 Done at Luxembourg, 6 June 2000. Member States shall draw up arrangements for the penalties applicable where a driver or operator fails to abide by the technical requirements verified on the basis of this Directive. For the European Parliament The President N. FONTAINE For the Council The President E. FERRO RODRIGUES 10.8.2000 EN Official Journal of the European Communities L 203/5 ANNEX I SPECIMEN TECHNICAL ROADSIDE INSPECTION REPORT INCORPORATING A CHECKLIST (Directive 2000/30/EC) 1. Place of check . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4. Vehicle nationality mark and registration number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5. Trailer/semi-trailer nationality mark and registration number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6. Class of vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (a) n Light goods vehicle (3,5 to 12 t) (1) (e) n Lorry (more than 12 t) (5) (b) n Trailer (2) (f) n Semi-trailer (6) (c) n Road train (3) (g) n Articulated vehicle (7) (d) n Bus or coach (4) 7. Undertaking carrying out transport/address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8. Nationality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9. Driver . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1) Motor vehicles with at least four wheels and used for the carriage of goods and having a maximum mass exceeding 3,5 t but not exceeding 12 t (category N2). (2) Any vehicle intended to be coupled to a motor vehicle, with the exception of semi-trailers, which because of its design and equipment is used for the carriage of goods; trailers of a maximum mass exceeding 3,5 t but not exceeding 10 t (category O3); trailers of a maximum mass exceeding 10 t (category O4). (3) Motor vehicle intended for the carriage of goods, with a maximum mass exceeding 3,5 t (categories N2 and N3) coupled to a trailer (categories O3 and O4). (4) Motor vehicle with at least four wheels used for the carriage of passengers, comprising more than eight seats in addition to the driver(cid:146)s seat (categories M2 and M3). (5) Motor vehicles with at least four wheels used for the carriage of goods and having a maximum mass exceeding 12 t (category N3). (6) Any vehicle intended to be coupled to a motor vehicle in such a way that part of the semi-trailer rests on the motor vehicle and a substantial part of its weight or of the weight of its load is supported by that vehicle and which, because of its design and equipment, is used for the carriage of goods (categories O3 and O4). (7) Towing vehicle coupled to a semi-trailer. L 203/6 EN Official Journal of the European Communities 10.8.2000 10. Checklist: checked not checked failed n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n (a) braking system and components (1) (b) exhaust system (1) (c) smoke opacity (diesel) (1) (d) gaseous emissions (petrol, natural gas or liquefied petroleum gas (LPG) (1) (e) steering linkages (f) lamps, lighting and signalling devices (g) wheels/tyres (h) suspension (visible defects) (i) chassis (visible defects) (j) tachograph (installation) (k) speed limiting device (installation) (l) evidence of fuel and/or oil spillage 11. Result of inspection: Ban on using the vehicle, which has serious defects n 12. Miscellaneous/remarks 13. Authority/officer or inspector having carried out the inspection Signature of testing authority/agent or inspector (1) These items shall be subject to specific tests and/or checks as laid down in Annex II to Directive 2000/30/EC. 10.8.2000 EN Official Journal of the European Communities L 203/7 RULES FOR TESTING AND/OR CHECKING BRAKING SYSTEMS AND EXHAUST EMISSIONS ANNEX II 1. Specific conditions concerning brakes It is required that every part of the braking system and its means of operation be maintained in good and efficient working order and be properly adjusted. The vehicle’s brakes must fulfil the following braking functions: (a) for motor vehicles and their trailers and semi-trailers, a service brake capable of slowing down the vehicle and of stopping it safely, rapidly and efficiently, whatever its conditions of loading and whatever the upward or downward gradient of the road on which it is moving; (b) for motor vehicles and their trailers and semi-trailers a parking brake capable of holding the vehicle stationary, whatever its condition of loading, and whatever the upward or downward gradient of the road; 2. Specific conditions concerning exhaust emissions 2.1. Motor vehicles equipped with positive-ignition (petrol) engines (a) Where the exhaust emissions are not controlled by an advanced emission control system such as a three-way catalytic converter which is lambda-probe controlled: 1. visual inspection of the exhaust system in order to check that there is no leakage; 2. 3. if appropriate, visual equipment has been fitted; inspection of the emission control system in order to check that the required after a reasonable period of engine conditioning (taking account of the vehicle manufacturer’s recommendations) the carbon monoxide (CO) content of the exhaust gases is measured when the engine is idling (no load). The maximum permissible CO content in the exhaust gases must not exceed the following: (cid:151) for vehicles registered or put into service for the first time between the date from which member States required the vehicles to comply with Directive 70/220/EEC (1) and 1 October 1986: CO must not exceed 4,5 % vol., (cid:151) for vehicles registered or put into service for the first time after 1 October 1986: CO must not exceed 3,5 % vol. (b) Where the exhaust emissions are controlled by an advanced emission control system such as a three-way catalytic converter which is lambda-probe controlled: 1. 2. 3. visual inspection of the exhaust system in order to check that there are no leakages and that all parts are complete; visual inspection of the emission control system in order to check that the required equipment has been fitted; determination of the efficiency of the vehicle’s emission control system by measurement of the lambda value and of the CO content of the exhaust gases in accordance with section 4. (1) Council Directive 70/220/EEC of 20 March 1970 on the approximation of the laws of the Member States relating to measures to be taken against air pollution by emissions from motor vehicles (OJ L 76, 6.4.1970, p. 1). Directive as last amended by Commission Directive 1999/102/EC (OJ 334, 28.12.1999, p. 43). L 203/8 EN Official Journal of the European Communities 10.8.2000 4. exhaust pipe emissions (cid:151) limit values (cid:151) measurement at engine idling speed: The maximum permissible CO content in the exhaust gases must not exceed 0,5 % vol., (cid:151) measurement at high idling speed (no load), engine speed to be at least 2 000 minfl1: CO content: maximum 0,3 % vol., Lambda: 1 – 0,03 or in accordance with the manufacturer’s specifications. 2.2. Motor vehicles equipped with compression ignition (diesel) engines Measurement of exhaust gas opacity with free acceleration (no load from idling up to cut-off speed). The level of concentration must not exceed (1) the following limit values of the coefficient of absorption: (cid:151) naturally aspirated diesel engines = 2,5 mfl1, (cid:151) turbo(cid:150)charged diesel engines = 3,0 mfl1, or equivalent values where use in made of equipment of a type different from that complying with these requirements. Vehicles registered or put into service for the first time before 1 January 1980 are exempted from these requirements. 2.3. Test equipment Vehicle emissions are tested using equipment designated to establish accurately whether the limit values prescribed or indicated by the manufacturer have been complied with. (1) Council Directive 72/306/EEC of 2 August 1972 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of pollutants from diesel engines for use in vehicles (OJ L 190, 20.8.1972, p. 1). Directive as last amended by Commission Directive 97/20/EC (OJ L 125, 16.5.1997, p. 2).
http://publications.europa.eu/resource/cellar/aaad0d63-8262-42d2-ad1a-e71db797831f
92000E001873
WRITTEN QUESTION P-1873/00 by Hiltrud Breyer (Verts/ALE) to the Commission. Nuclear-related provisions set aside in Germany.
2000-06-06
eng
[ "European Parliament", "Provisional data" ]
[]
[]
[]
[ "html", "pdf", "print" ]
[ "Germany", "control of State aid", "decommissioning of power stations", "infringement of EU law", "radioactive waste", "tax relief" ]
[ "1318", "5541", "3735", "5953", "347", "365" ]
C 53 E/194 Official Journal of the European Communities EN 20.2.2001 (2001/C 53 E/251) WRITTEN QUESTION E-1863/00 by Carles-Alfred Gas(cid:242)liba i B(cid:246)hm (ELDR) to the Commission (9 June 2000) Subject: Agricultural over-exploitation, and citrus-growing in particular, in the Valencian Autonomous Community The conversion of unirrigated land and woodland into farmland is causing over-production, while the new farms frequently take no account whatever of the fact that the area already suffers from grave water shortages. Both the increase in the number of farms and the over-production involved, contrary to the Common Agricultural Policy, are frequently tacitly supported by the autonomous and state governments. Such practices threatens farmers(cid:146) professional standards, and considerably lowers prices and farmers(cid:146) incomes. How does the Commission intend to deal with this anomaly, particularly in the Valencian and Catalan citrus-growing sector? What measures does the Commission intend to take to oblige the Valencian Autonomous Community (Objective 1) to apply modernisation and agricultural improvement measures, particularly as regards citrus-growing, as part of the aid which the Valencian Community will be receiving? Answer given by Mr Fischler on behalf of the Commission (14 July 2000) The Commission is collecting the information it needs to answer the question. It will communicate its findings as soon as possible. (2001/C 53 E/252) WRITTEN QUESTION P-1873/00 by Hiltrud Breyer (Verts/ALE) to the Commission Subject: Nuclear-related provisions set aside in Germany (6 June 2000) Under Article 87(1) of the EC Treaty, State aids are prohibited in the Community if they affect trade between Member States. At the latest since expiry of the time limit for transposition of the directive on the internal market for electricity, the conditions have existed for large-scale electricity trading between Member States. The admission of all provisions made for disposal and for decommissioning of nuclear power stations in Germany, which reduces tax liability, represents a departure from the principles underpinning tax law that goes against the entire system and is tantamount to aid, since: (cid:129) the provisions of the firms concerned are freely disposable and are subject to no statutory requirements in terms of risk, return or availability, (cid:129) obligation, with regard to the cost of dismantling nuclear power stations, is, unlike what should be the case, given no tangible expression in law or in an administrative decision, (cid:129) in the light of what is available as a basis for an appraisal (e.g. Deregulation Commission report, 1990/91), provisions to cover the cost of disposal are excessive and cannot therefore be regarded in their entirety as attribution of a future cost to the point in time when it is caused. 1. Does the Commission agree with the above position? Has the Commission(cid:146)s competition authority already intervened to counter this serious violation of 2. EU competition law? 20.2.2001 EN Official Journal of the European Communities C 53 E/195 If not, must not the Commission put up with being reproached for applying different standards 3. (contrary to the Electricity Network Supply Act), especially as its attention has already been drawn more than once to what are tantamount to subsidies for nuclear-related provisions set aside in Germany (Questions E-2472/97 (1) and P-2422/99 (2))? 4. What action is planned to put an end to this deplorable state of affairs as soon as possible? (1) OJ C 76, 11.3.1998, p. 114. (2) OJ C 203 E, 18.7.2000, p. 171. Answer given by Mr Monti on behalf of the Commission (6 July 2000) The Commission is aware of the facts which the question assesses as a departure from the principles underpinning tax law and tantamount to aid. However, the Commission needs for its assessment still further inquiries so that for the time being, it cannot be said whether it agrees with the Honourable Member(cid:146)s position. 1. Due to the fact that the inquiries are not closed yet, no decision has been taken in the matter so far. 2. The Commission has to examine complaints against breaches of Community competition rules. The progress of the inquiry into complaints depends upon the individual case and the complexity of the factual and legal questions which have to be solved in the case concerned. The Commission will decide upon the appropriate measures and actions after a final assessment of 3. the facts. (2001/C 53 E/253) WRITTEN QUESTION E-1877/00 by Konstantinos Hatzidakis (PPE-DE) to the Commission (9 June 2000) Subject: Progress on the Attica highway and the Athens suburban railway The Attica highway, known as the Elefsina (cid:129) Stavrou (cid:129) Spata Airport freeway, is a major project which is closely associated with the operation of the new airport in Spata and the 2004 Olympic Games. The original budget of this project was Drs. 450 billion, and it was due to be completed and gradually handed over between 2001 and 2002. Recently a number of airlines have been threatening to boycott Spata airport if the above highway leading to the new airport has not been completed. There are also signs that the suburban railway linking the new airport of Spata and Athens will not be ready for the Olympic Games in 2004, since the competition for the choice of consultant for the project will be invalidated. Will the Commission say: 1. What is the overall take-up rate of appropriations for the project so far, what is the delay in the handover of the project and has any provision been made for the payment of compensation for this delay? 2. When is the project expected to be opened to traffic given the present rate of construction? 3. What are the consequences likely to be for the operation of Spata airport if the Attica highway is not completed in time? 4. What exactly is to be done to link the centre of Athens by rail to the new airport of Spata?
http://publications.europa.eu/resource/cellar/b5e62b39-cd21-4a91-993e-c9413455f797
92000E001874
WRITTEN QUESTION P-1874/00 by Michiel van Hulten (PSE) to the Commission. European food aid to Russia.
2000-06-06
eng
[ "European Parliament", "Provisional data" ]
[]
[]
[]
[ "html", "pdf", "print" ]
[ "EU aid", "Russia", "aid evaluation", "food aid", "swine" ]
[ "862", "5876", "6374", "807", "2560" ]
6.3.2001 EN Official Journal of the European Communities C 72 E/139 Answer given by Mr Byrne on behalf of the Commission (26 July 2000) At the moment there are no Community regulations covering the practice of body piercing as such. However, European Parliament and Council Directive 94/27/EEC of 30 June 1994 amending for the twelfth time Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (1), which recently entered into force, prohibits the use of nickel for body piercing. This is important, as 15 % of women in the Community are now sensitised to nickel, and this is partly attributed to its use in body piercing. The Commission does not know of any specific regulations applied by Member States in this field. It will carry out a survey on this subject among the Member States in order to establish whether Community inform the initiatives in this field are justified and necessary, and what form they could take. It will Honourable Member of the results of this survey. (1) OJ L 188, 22.7.1994. (2001/C 72 E/175) WRITTEN QUESTION P-1874/00 by Michiel van Hulten (PSE) to the Commission (6 June 2000) Subject: European food aid to Russia Has the Commission taken note of the report entitled (cid:145)Russians blame EU for pigs(cid:146) deaths(cid:146) in NRC 1. Handelsblad on 27 May 2000? 2. The report asserts that earlier this year, because French and German meat was being stored in the slaughterhouse at Jaroslavl, there was no storage capacity for pigs from local pig farmers, causing the deaths of thousands of Russian pigs. Is that assertion correct? 3. Does the Commission agree with its acting delegate in Moscow that the European aid package, worth US$ 500 million, has not disrupted the Russian market? If so, does it have figures to back up that proposition? On what information is the acting delegate(cid:146)s statement that EU food aid to Russia (cid:145)has saved 4. thousands of babushkas(cid:146) lives(cid:146) based? Does the Commission agree with a Dutch meat trader in Russia that EU food aid is putting pressure 5. on prices in Russia and that the European Union and the US are rumoured to be dumping surpluses? Is the Commission prepared to open an investigation into the impact of EU food aid on the pig 6. market in Russia? Answer given by Mr Patten on behalf of the Commission (30 June 2000) The Commission does not accept the criticism reported in the NRC Handelsblad to which the Honourable Member refers. The food delivery programme was adopted by the Council in December 1998, after considering the request of the Russian government for assistance. Because of the poor harvest and financial crisis of 1998, the Russian government feared that there would be food shortages and speculative price rises in many Russian regions through the winter of 1998 and spring of 1999. To avoid this it was necessary to import a substantial quantity of food. C 72 E/140 Official Journal of the European Communities EN 6.3.2001 The products supplied were delivered to over 50 of the 89 regions of the Russian Federation and both the Community and American food delivery programmes (total quantity of about 5 million tonnes) had a significant impact in bridging the food needs deficit. As a consequence, prices for most food products rose gradually, rather than sharply as had been feared. Before this crisis, around 85 % of Community food exports to the Federation (mainly beef and pork) went to Moscow and St Petersburg and the regions surrounding the two cities. These areas were specifically excluded from the Community food programme to avoid disruption to traditional export markets. The proceeds from the sale of the food are being used for pension fund (80 %) and other priority social purposes (20 %). As a result the pension fund was able to clear arrears in full thus providing valuable income to those most in need. The total proceeds to be generated from sales will be about 7 400 million roubles (€ 274 million) and it is generally acknowledged that this income has been properly targeted to ensure that the less fortunate have benefited. The quantity of pork allocated to Yaroslavl under the Community programme was 5 000 tonnes, but the actual quantity delivered was only 2 413 tonnes. In fact, three of the four regional processing plants went bankrupt before delivery of Community pork, which demonstrates that the local industry was already in serious difficulty. Responsibility for discharge, internal transport, distribution and storage was the sole responsibility of the Russian authorities. However, the loss of three regional processing plants is likely to have been the main cause of any disruption in the market, rather than the presence of Community product in the cold stores. In relation to storage, the Commission considers that the percentage of total capacity utilised (private and state controlled) for the Community programme was negligible. Under the terms of Council Regulation (EC) No 2802/98 of 17 December 1998 on a programme to supply agricultural products to the Russian Federation (1), the programme is being independently evaluated. The interim report of the evaluators has already been presented to the Council and a copy is sent direct to the Honourable Member and to Parliament(cid:146)s Secretariat. The final report will be completed in the near future. (1) OJ L 349, 24.12.1998. (2001/C 72 E/176) WRITTEN QUESTION E-1881/00 by Gorka Kn(cid:246)rr Borr(cid:224)s (Verts/ALE) to the Commission (9 June 2000) Subject: Price of fuel in Spain There have been six consecutive rises in fuel prices in Spain in the space of a month. The latest rise is all the more surprising when we see that all the major oil companies operating in the sector are maintaining prices which, as the Commissioner Mrs Loyola de Palacio has pointed out, (cid:145)amazingly(cid:146) coincide. Leaving this (cid:145)coincidence(cid:146) aside, what steps has the Commission taken or does it intend to take in this context? Does it believe that competition in this sector is being distorted? Answer given by Mr Monti on behalf of the Commission (2 August 2000) The fact that the major oil companies operating in the Spanish market are charging similar retail prices does not, in itself, necessarily mean that distributors have formed cartels or that competition is being distorted. It is true, as the Honourable Member points out, that parallel pricing could be the result of concerted practices or agreements between operators with the object or effect of distorting competition.
http://publications.europa.eu/resource/cellar/2f23ec24-be00-4f51-93cf-aed9c90c9105
32000R1190
http://data.europa.eu/eli/reg/2000/1190/oj
Commission Regulation (EC) No 1190/2000 of 6 June 2000 establishing the standard import values for determining the entry price of certain fruit and vegetables
2000-06-06
eng
[ "European Commission" ]
[]
[]
[]
[ "pdf", "print" ]
[ "agri-monetary policy", "citrus fruit", "fruit vegetable", "import price", "pip fruit", "stone fruit" ]
[ "2511", "693", "1605", "2635", "1118", "1117" ]
7.6.2000 EN Official Journal of the European Communities L 134/21 I (Acts whose publication is obligatory) COMMISSION REGULATION (EC) No 1190/2000 of 6 June 2000 establishing the standard import values for determining the entry price of certain fruit and vegetables THE COMMISSION OF THE EUROPEAN COMMUNITIES, (2) Having regard to the Treaty establishing the European Community, the standard In compliance with the above criteria, import values must be fixed at the levels set out in the Annex to this Regulation, Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the last import arrangements amended by Regulation (EC) No 1498/98 (2), and in particular Article 4(1) thereof, fruit and vegetables (1), as for HAS ADOPTED THIS REGULATION: Article 1 Whereas: (1) Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade nego- tiations, the criteria whereby the Commission fixes the in standard values for imports from third countries, respect of the products and periods stipulated in the Annex thereto. The standard import values referred to in Article 4 of Regula- tion (EC) No 3223/94 shall be fixed as indicated in the Annex hereto. Article 2 This Regulation shall enter into force on 7 June 2000. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 6 June 2000. For the Commission Franz FISCHLER Member of the Commission (1) OJ L 337, 24.12.1994, p. 66. (2) OJ L 198, 15.7.1998, p. 4. L 134/22 EN Official Journal of the European Communities 7.6.2000 to the Commission Regulation of 6 June 2000 establishing the standard import values for determining the entry price of certain fruit and vegetables ANNEX CN code 0707 00 05 0709 90 70 0805 30 10 0808 10 20, 0808 10 50, 0808 10 90 0809 20 95 Third country code (1) Standard import value (EUR/100 kg) 052 628 999 052 999 388 528 999 388 400 404 508 512 528 720 804 999 052 064 400 999 66,7 125,1 95,9 60,6 60,6 55,4 58,8 57,1 82,7 87,7 91,8 77,3 89,6 82,9 85,4 96,4 86,7 288,1 181,7 367,3 279,0 (1) Country nomenclature as fixed by Commission Regulation (EC) No 2543/1999 (OJ L 307, 2.12.1999, p. 46). Code ‘999’ stands for ‘of other origin’.
http://publications.europa.eu/resource/cellar/fa578b95-4639-4633-a40f-3bfcf50e18dd
52000AG0035
Common Position (EC) No 35/2000 of 6 June 2000 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a Regulation of the European Parliament and of the Council establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No 820/97
2000-06-06
eng
[ "Council of the European Union" ]
[]
[]
[]
[ "html", "pdf", "print" ]
[ "beef", "directory", "labelling", "meat product", "statistical method" ]
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23.8.2000 EN Official Journal of the European Communities C 240/7 COMMON POSITION (EC) No 35/2000 adopted by the Council on 6 June 2000 with a view to adopting a Regulation of the European Parliament and of the Council of ... establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No 820/97 (2000/C 240/02) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, (3) For the sake of clarity Regulation (EC) No 820/97 should be repealed and replaced by this Regulation. Having regard to the Treaty establishing the European Com- munity, and in particular Articles 37 and 152 thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the Economic and Social Committee (2), Having regard to the opinion of Regions (3), the Committee of the Acting in accordance with the procedure referred to in Article 251 of the Treaty (4), Whereas: (1) (2) Article 19 of Council Regulation (EC) No 820/97 of 21 April 1997 establishing a system for the identifi- cation and registration of bovine animals and regarding the labelling of beef and beef products (5), states that a compulsory beef labelling system is to be introduced which is obligatory in all Member States from 1 January 2000 onwards. The same Article also provides that, on the basis of a Commission proposal, the general rules for that compulsory system are to be adopted before that date. Council Regulation EC No 2772/1999 of 21 December 1999 providing for the general rules for a compulsory beef labelling system (6) provides for these general rules to apply only temporarily for a maximum period of is to say from 1 February to eight months, 31 August 2000. that (1) OJ C 376 E, 28.12.1999, p. 42. (2) OJ C 117, 26.4.2000, p. 47. (3) OJ C 226, 8.8.2000, p. 9. (4) European Parliament opinion of 12 April 2000 (not yet published in the Official Journal), Council Common Position of 6 June 2000 and European Parliament Decision of … (not yet published in the Official Journal). (5) OJ L 117, 7.5.1997, p. 1. (6) OJ L 334, 28.12.1999, p. 1. (4) (5) (6) (7) (8) Following the instability in the market in beef and beef products caused by the bovine spongiform encephalopa- thy crisis, the improvement in the transparency of the conditions for the production and marketing of the products concerned, particularly as regards traceability, has exerted a positive influence on consumption of beef. In order to maintain and strengthen the confidence of consumers in beef and to avoid misleading them, it is necessary to develop the framework in which the information is made available to consumers by sufficient and clear labelling of the product. To that end it is essential to establish, on the one hand, an efficient system for the identification and registration of bovine animals at the production stage and to create, on the other hand, a specific Community labelling system in the beef sector based on objective criteria at the marketing stage. By virtue of the guarantees provided through this improvement, certain public interest requirements will also be attained, in particular the protection of human and animal health. As a result, consumer confidence in the quality of beef and beef products will be improved, a higher level of protection of public health preserved and the lasting stability of the beef market will be reinforced. Article 3(1)(c) of Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable to intra-Community trade in certain live animals and products with a view to the completion C 240/8 EN Official Journal of the European Communities 23.8.2000 of the internal market (1) states that animals for intra- Community trade must be identified in accordance with the requirements of Community rules and be registered in such a way that the original or transit holding, centre or organisation can be traced, and that before 1 January 1993 these identification and registration systems are to be extended to the movements of animals within the territory of each Member State. (12) The current rules concerning the identification and the registration of bovine animals have been laid down in Council Directive 92/102/EEC of 27 November 1992 on the identification and registration of animals (5) and Regulation (EC) No 820/97. Experience has shown that the implementation of Directive 92/102/EEC for bovine animals has not been entirely satisfactory and needs further improvement. It is therefore necessary to adopt specific rules for bovine animals in order to reinforce the provisions of the said Directive. (9) Article 14 of Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organis- ation of veterinary checks on animals entering the Community from third countries and amending Direc- tives 89/662/EEC, 90/425/EEC and 90/675/EEC (2), states that the identification and registration as provided for in Article 3(1)(c) of Directive 90/425/EEC of such animals must, except in the case of animals for slaughter and registered equidae, be carried out after the said checks have been made. (10) The management of certain Community aid schemes in the field of agriculture requires the individual identifi- cation of certain types of livestock. The identification and registration systems must, therefore, be suitable for the application and control of such individual identification measures. (11) It is necessary to ensure the rapid and efficient exchange of information between Member States for the correct application of this Regulation. Community provisions relating thereto have been established by Council Regu- lation (EEC) No 1468/81 of 19 May 1981 on mutual assistance between the administrative authorities of the Member States and the cooperation between the latter and the Commission to ensure the correct application of the law on customs or agriculture matters (3) and by Council Directive 89/608/EEC of 21 November 1989 on mutual assistance between the administrative auth- orities of the Member States and cooperation between the latter and the Commission to ensure the correct application of legislation on veterinary and zootechnical matters (4). (13) For the introduction of an improved identification system to be accepted, it is essential not to impose excessive demands on the producer in terms of adminis- trative formalities. Feasible time limits for its implemen- tation must be laid down. (14) For the purpose of rapid and accurate tracing of animals for reasons relating to the control of Community aid schemes, each Member State should create a national computerised database which will record the identity of the animal, all holdings on its territory and the move- ments of the animals, in accordance with the provisions of Council Directive 97/12/EC of 17 March 1997 amending and updating Directive 64/432/EEC on health problems affecting intra-Community trade in bovine animals and swine (6), which clarifies the health require- ments concerning this database. (15) It is important that each Member State take all measures that may still be necessary in order to ensure that the national computerised database is fully operational as quickly as possible. (16) Steps should be taken in order to create the technical conditions guaranteeing the best communication poss- ible by the producer with the database and a comprehen- sive use of databases. (17) In order to permit movements of bovine animals to be traced, animals should be identified by an eartag applied in each ear and in principle accompanied by a passport throughout any movement. The characteristics of the eartag and of the passport should be determined on a Community basis. In principle a passport should be issued for each animal to which an eartag has been allocated. (1) OJ L 224, 18.8.1990, p. 29. Directive as last amended by Directive 92/118/EEC (OJ L 62, 15.3.1993, p. 49). (2) OJ L 268, 24.9.1991, p. 56. Directive as last amended by Directive 96/43/EC (OJ L 162, 1.7.1996, p. 1). (3) OJ L 144, 2.6.1981, p. 1. Regulation repealed by Regulation (EC) (5) OJ L 355, 5.12.1992, p. 32. Directive as last amended by the No 515/97 (OJ L 82, 22.3.1997, p. 1). (4) OJ L 351, 2.12.1989, p. 34. 1994 Act of Accession. (6) OJ L 109, 25.4.1997, p. 1. 23.8.2000 EN Official Journal of the European Communities C 240/9 (18) Animals imported from third countries pursuant to Directive 91/496/EEC should be subject to the same identification requirements. (19) Every animal should keep its eartag throughout its life. information which is required for labelling beef pro- duced in the Community may be available to a third country operator or organisation. It is therefore necess- ary to state the minimum information that third countries must ensure is indicated on the label. (20) The Commission is examining, on the basis of work performed by the Joint Research Centre, the feasibility of using electronic means for the identification of animals. (28) For operators or organisations producing and marketing minced beef who may not be in a position to provide all the information required under the compulsory beef labelling system, exceptions ensuring a certain minimum number of indications must be provided. (21) Keepers of animals, with the exception of transporters, should maintain an up-to-date register of the animals on their holdings. The characteristics of the register should be determined on a Community basis. The competent authority should have access to these registers on request. (22) Member States may spread the costs arising from the application of these measures over the entire beef sector. (29) The objective of labelling is to give maximum trans- parency in the marketing of beef. (30) The provisions of this Regulation must not affect Council Regulation (EEC) No 2081/92 of 14 July 1992 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1). (23) The authority or authorities responsible for the appli- cation of each Title in this Regulation should be designated. (31) (24) A compulsory beef labelling system should be intro- duced which is obligatory in all Member States. Under this compulsory system, operators and organisations marketing beef should indicate on the label information about certain characteristics of the beef and the point of slaughter of the animal or animals from which that beef was derived. (25) The compulsory beef labelling system should be reinforced from 1 January 2002. Under this compulsory system, operators and organisations marketing beef should, in addition, indicate on the label information concerning origin, in particular where the animal or animals from which the beef was derived were born, fattened and slaughtered. (26) The system of compulsory labelling based on origin should be in force from 1 January 2002, it being understood that full information on movements made by bovine animals in the Community is only required for animals born after 31 December 1997. For all indications other than those falling under the compulsory beef labelling system, a Community frame- work for labelling of beef should also be provided and, in view of the diversity of descriptions of beef marketed in the Community, the establishment of a voluntary beef labelling system is the most appropriate solution. The effectiveness of such a voluntary labelling system depends on the possibility of tracing back any labelled beef to the animal or animals of origin. The labelling arrangements of an operator or organisation should be subject to a specification to be submitted to the com- petent authority for approval. Operators and organis- ations should be entitled to label beef only if the label contains their name or their identifying logo. The competent authorities of the Member States should be authorised to withdraw their approval of any specifi- cation in the event of irregularities. In order to ensure that labelling specifications may be recognised across the Community, is necessary to provide for the exchange of information between Member States. it (32) Operators and organisations importing beef into the Community from third countries may also wish to label their products according to the voluntary labelling system. Provisions should be laid down to ensure as far as possible that labelling arrangements relating to imported beef are of equivalent reliability to those set up for Community beef. (27) The compulsory beef labelling system should also apply to beef imported into the Community. However, pro- vision should be made for the fact that not all the (1) OJ L 208, 24.7.1992, p. 1. C 240/10 EN Official Journal of the European Communities 23.8.2000 (33) The change from the arrangements in Title II of Regu- lation (EC) No 820/97 to those in this Regulation can give rise to difficulties that are not dealt with in this Regulation. In order to deal with that possibility, provision should be made for the Commission to adopt the necessary transitional measures. The Commission should also be authorised to solve specific practical problems where justified. the (34) With a view to guaranteeing the reliability of arrangements provided for by this Regulation, it is necessary to oblige the Member States to carry out adequate and efficient control measures. These controls should be without prejudice to any controls that the Commission may carry out by analogy with Article 9 of Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities’ financial interests (1). (35) Appropriate penalties should be laid down in the event of a breach of the provisions of this Regulation. (36) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (2), Article 2 For the purposes of this Title: — ‘animals’ means a bovine animal within the meaning of Article 2(2)(b) and (c) of Directive 64/432/EEC (4), — ‘holding’ means any establishment, construction or, in the case of an open-air farm, any place situated within the territory of the same Member State, in which animals covered by this Regulation are held, kept or handled, — ‘keeper’ means any natural or legal person responsible for animals, whether on a permanent or on a temporary basis, including during transportation or at a market, — ‘competent authority’ means the central authority or authorities in a Member State responsible for, or entrusted with, carrying out veterinary checks and implementing this Title or, in the case of the monitoring of premiums, the authorities entrusted with implementing Regulation (EEC) No 3508/92. Article 3 The system for the identification and registration of bovine animals shall comprise the following elements: HAVE ADOPTED THIS REGULATION: (a) eartags to identify animals individually; TITLE I (b) computerised databases; (c) animal passports; IDENTIFICATION AND REGISTRATION OF BOVINE ANIMALS (d) individual registers kept on each holding. Article 1 1. Each Member State shall establish a system for the identification and registration of bovine animals, in accordance with this Title. 2. The provisions of this Title shall apply without prejudice to Community rules which may be established for disease eradication or control purposes and without prejudice to Directive 91/496/EEC and Regulation (EEC) No 3508/92 (3). However, the provisions of Directive 92/102/EEC which relate specifically to bovine animals shall no longer apply from the date on which those animals must be identified in accordance with this Title. (1) OJ L 312, 23.12.1995, p. 1. Regulation as last amended by Regulation (EC) No 1036/1999 (OJ L 127, 21.5.1999, p. 4). (2) OJ L 184, 17.7.1999, p. 23. (3) OJ L 355, 5.12.1992, p. 1. Regulation as last amended by Regulation (EC) No 1036/1999 (OJ L 127, 21.5.1999, p. 4). The Commission and the competent authority of the Member State concerned shall have access to all the information covered by this Title. The Member States and the Commission shall take the measures necessary to ensure access to these data for all parties concerned, including consumer organisations having an interest which are recognised by the Member State, provided that the data confidentiality and protection prescribed by national law are ensured. Article 4 1. All animals on a holding born after 31 December 1997 or intended for intra-Community trade after 1 January 1998 shall be identified by an eartag approved by the competent authority, applied to each ear. Both eartags shall bear the same unique identification code, which makes it possible to identify (4) OJ 121, 29.7.1964, p. 1977/64. Directive updated by Directive 97/12/EC (OJ L 109, 25.4.1997, p. 1) and last amended by Directive 98/99/EC (OJ L 358, 31.12.1998, p. 107). 23.8.2000 EN Official Journal of the European Communities C 240/11 each animal individually together with the holding on which it was born. By way of derogation from the above requirement, animals born before 1 January 1998 which are intended for intra-Community trade after that date may be identified in accordance with Directive 92/102/EEC until 1 September 1998. By way of derogation from the first subparagraph, animals born before 1 January 1998 which are intended for intra- Community trade after that date with a view to immediate slaughter may be identified in accordance with Direct- ive 92/102/EEC until 1 September 1999. Bovine animals intended for cultural and sporting events (with the exception of fairs and exhibitions) may be identified, instead of by an eartag, by an identification system offering equivalent guarantees and authorised by the Commission. 2. The eartag shall be applied within a period to be determined by the Member State as from the birth of the animal and in any case before the animal leaves the holding on which it was born. The period may not be longer than 30 days up to and including 31 December 1999, and not longer than 20 days thereafter. However, at the request of a Member State and in accordance with the procedure referred to in Article 23(2), the Com- mission may determine the circumstances in which Member States may extend the maximum period. No animal born after 31 December 1997 may be moved from is identified in accordance with the a holding unless it provisions of this Article. Any animal imported from a third country which has 3. passed the checks laid down in Directive 91/496/EEC and which remains within Community territory shall be identified on the holding of destination by an eartag complying with the requirements of this Article, within a period to be determined by the Member State but not exceeding 20 days following the aforesaid checks, and in any event before leaving the holding. it is not necessary to identify the animal However, if the holding of destination is a slaughterhouse situated in the Member State where such checks are carried out and the animal is slaughtered within 20 days of undergoing the checks. The original identification established by the third country shall be recorded in the computerised database provided for in Article 5 or, if this is not yet fully operational, in the registers provided for in Article 3, together with the identification code allocated to it by the Member State of destination. Any animal from another Member State shall retain its 4. original eartag. No eartag may be removed or replaced without the 5. permission of the competent authority. The eartags shall be allocated to the holding, distributed 6. and applied to the animals in a manner determined by the competent authority. 7. Not later than 31 December 2001 the European Parlia- ment and the Council, acting on the basis of a report from the Commission accompanied by any proposals and in accordance with the procedure provided for in Article 95 of the Treaty, shall decide on the possibility of introducing electronic identi- fication arrangements in the light of progress achieved in this field. Article 5 The competent authority of the Member States shall set up a computerised database in accordance with Articles 14 and 18 of Directive 64/432/EC. The computerised databases shall become fully operational no later than 31 December 1999, after which they shall store all data required pursuant to the said Directive. Article 6 1. As from 1 January 1998, the competent authority shall, for each animal which has to be identified in accordance with Article 4, issue a passport within 14 days of the notification of its birth, or, in the case of animals imported from third countries, within 14 days of the notification of its reidenti- fication by the Member State concerned in accordance with Article 4(3). The competent authority may issue a passport for animals from another Member State under the same con- ditions. In such cases, the passport accompanying the animal on its arrival shall be surrendered to the competent authority, which shall return it to the issuing Member State. However, at the request of a Member State and in accordance with the procedure referred to in Article 23(2), the Com- mission may determine the circumstances under which the maximum period may be extended. 2. Whenever an animal is moved, it shall be accompanied by its passport. By way of derogation from the first sentence of para- 3. graph 1 and from paragraph 2, Member States: — which have a computerised database which the Com- mission deems to be fully operational in accordance with Article 5 may determine that a passport is to be issued only for animals intended for intra-Community trade and that those animals shall be accompanied by their passports only when they are moved from the territory of the Member State concerned to the territory of another Member State, in which case the passport shall contain information based on the computerised database. C 240/12 EN Official Journal of the European Communities 23.8.2000 In these Member States, the passport accompanying an animal imported from another Member State shall be surrendered to the competent authority on its arrival, — may until 1 January 2000 authorise the issue of collective animal passports for herds moved within the Member State concerned provided that such herds have the same origin and destination and are accompanied by a veterinary certificate. In the case of the death of an animal, the passport shall 4. be returned by the keeper to the competent authority within seven days of the death of the animal. If the animal is sent to the slaughterhouse, the operator of the slaughterhouse shall be responsible for returning the passport to the competent authority. Article 8 Member States shall designate the authority responsible for ensuring compliance with this Title. They shall inform each other and the Commission of the identity of this authority. Article 9 Member States may charge to keepers the costs of the systems referred to in Article 3 and of the controls referred to in this Title. Article 10 5. In the case of animals exported to third countries, the passport shall be surrendered by the last keeper to the competent authority at the place where the animal is exported. The measures necessary for the implementation of this Title shall be adopted in accordance with the management pro- cedure referred to in Article 23(2). These measures concern in particular: Article 7 (a) provisions concerning eartags; (b) provisions concerning the passport; 1. With the exception of animals shall: transporters, each keeper of (c) provisions concerning the register; — keep an up-to-date register, — once the computerised database is fully operational, report to the competent authority all movements to and from the holding and all births and deaths of animals on the holding, along with the dates of these events, within a period fixed by the Member State of between three and seven days of the event occurring. However, at the request of a Member State and in accordance with the procedure referred to in Article 23(2), the Commission may deter- mine the circumstances in which Member States may extend the maximum period and provide for special rules applicable to movements of bovine animals when put out to summer grazing in different mountain areas. 2. Where applicable and having regard to Article 6, each animal keeper shall complete the passport immediately on arrival and prior to departure of each animal from the holding and ensure that the passport accompanies the animal. Each keeper shall supply the competent authority, on 3. request, with all information concerning the origin, identifi- cation and, where appropriate, destination of animals, which he has owned, kept, transported, marketed or slaughtered. 4. The register shall be in a format approved by the competent authority, kept in manual or computerised form, and be available at all times to the competent authority, on request, for a minimum period to be determined by the competent authority but which may not be less than three years. (d) minimum level of controls to be carried out; (e) application of administrative sanctions; (f) transitional measures required to facilitate the application of this Title. TITLE II LABELLING OF BEEF AND BEEF PRODUCTS Article 11 An operator or an organisation, as defined in Article 12, which: — is required, by virtue of section I of this Title, to label beef at all stages of marketing, — wishes, by virtue of Section II of this Title, to label beef at the point of sale in such a way as to provide information, other than that laid down by Article 13, concerning certain characteristics or production conditions of the labelled meat or of the animal from which it derives, shall do so in accordance with this Title. This Title shall apply without prejudice to relevant Community legislation, in particular on beef. 23.8.2000 EN Official Journal of the European Communities C 240/13 Article 12 (d) the category of animal or animals from which the beef was derived. For the purposes of this Title, the following definitions shall apply: — ‘beef’ means all products falling within CN codes 0201, 0202, 0206 10 95 and 0206 29 91, — ‘labelling’ means the attachment of a label to an individual piece or pieces of meat or to their packaging material, or in the case of non-prewrapped products the supply of appropriate information in written and visible form to the consumer at the point of sale, — ‘organisation’ means a group of operators from the same or different parts of the beef trade. SECTION I COMPULSORY COMMUNITY BEEF LABELLING SYSTEM Article 13 General rules Operators and organisations marketing beef 1. Community shall label it in accordance with this Article. in the The compulsory labelling system shall ensure a link between, on the one hand, the identification of the carcase, quarter or pieces of meat and, on the other hand, the individual animal or, where this is sufficient to enable the accuracy of the information on the label to be checked, the group of animals concerned. 2. The label shall contain the following indications: (a) (b) (c) a reference number or reference code ensuring the link between the meat and the animal or animals. This number may be the identification number of the individual animal from which the beef was derived or the identification number relating to a group of animals; the approval number of the slaughterhouse at which the animal or group of animals was slaughtered and the Member State or third country in which the slaughter- house is established. The indication shall read: ‘Slaught- ered in (name of the Member State or third country) (approval number)’; the approval number of the cutting hall which performed the cutting operation on the carcase or group of carcases and the Member State or third country in which the hall is established. The indication shall read: ‘Cutting in: (name of the Member State or third country) (approval number)’; 3. However, up until 31 December 2001, Member States where sufficient details are available in the identification and registration system for bovine animals, provided for in Title I, may decide that, for beef from animals born, raised and slaughtered in the same Member State, supplementary items of information must also be indicated on labels. 4. A compulsory system as provided for in paragraph 3 must not lead to any disruption of trade between the Member States. The implementation arrangements applicable in those Member States intending to apply paragraph 3 shall require prior approval from the Commission. 5. (a) As from 1 January 2002, operators and organis- ations shall also indicate on the labels: (i) Member State or third country of birth, (ii) all Member States or third countries where fattening took place, (iii) Member State or third country where slaughter took place; (b) however, where the beef is derived from animals born, raised and slaughtered: (i) (ii) in the same Member State, the indication may be given as ‘Origin: (name of Member State)’, in the same third country, the indication may be given as ‘Origin: (name of third country)’. Article 14 Derogations from the compulsory labelling system By way of derogation from Article 13(2)(b) and (c) and (d) and from Article 13(5)(a)(i) and (ii), an operator or organisation preparing minced beef shall indicate on the label the words ‘prepared (name of the Member State or third country)’, depending on where the meat was prepared. The obligation provided for in Article 13(5)(a)(iii) shall be applicable to such meat as from the date of application of this Regulation. C 240/14 EN Official Journal of the European Communities 23.8.2000 However, such operator or organisation may add to the label of the minced beef: — one or more of the indications provided for in Article 13 and/or — the date on which the meat was prepared. On the basis of experience, and in the light of requirements, similar provisions may be adopted for cut meat and for beef trimmings in accordance with the procedure referred to in Article 23(2). Article 15 Compulsory labelling of beef from third countries By way of derogation from Article 13, beef imported into the Community for which not all the information provided for in Article 13 is available, in accordance with the procedure referred to in Article 17, shall be labelled with the indication: ‘Origin: non-EC’ and ‘Slaughtered in (name of third country)’. SECTION II VOLUNTARY LABELLING SYSTEM Article 16 General rules 1. For labels containing indications other than those pro- vided for in Section I of this Title, each operator or organisation shall send a specification for approval to the competent authority of the Member State in which production or sale of the beef in question takes place. The competent authority may also establish specifications to be used in the Member State concerned, provided that use thereof is not compulsory. Voluntary labelling specifications shall indicate: — the information to be included on the label, — the measures to be taken to ensure the accuracy of the information, authority and designated by the operator or the organis- ation. These bodies shall comply with the criteria set out in European standard EN 45011, — in the case of an organisation, the measures to be taken in relation to any member which fails to comply with the specifications. Member States may decide that controls by an independent body may be replaced by controls by a competent authority. The competent authority shall in that case have at its disposal the qualified staff and resources necessary to carry out the requisite controls. The costs of controls provided for in this section shall be borne by the operator or organisation using the labelling system. 2. The approval of any specification shall be subject to the assurance of the competent authority, obtained on the basis of a thorough examination of its components as referred to in paragraph 1, of the proper and reliable functioning of the labelling system envisaged and, in particular, of any specifi- cation which does not ensure a link between, on the one hand, the identification of the carcase, quarter or pieces of meat and, on the other hand, the individual animal or, where this is sufficient to enable the accuracy of the information on the label to be checked, the animals concerned. Specifications which provide for labels containing misleading or insufficiently clear information shall also be refused. 3. Where the production and/or sale of beef takes place in two or more Member States, the competent authorities of the Member States concerned shall examine and approve the specifications submitted in so far as the elements contained therein relate to operations taking place within their respective territories. In such case, each Member State concerned shall recognise the approvals granted by any other Member State concerned. If, within a period to be fixed in accordance with the procedure referred to in Article 23(2), counting from the day following the date of submission of the application, approval has not been refused or given, or supplementary information has not been asked for, the specification shall be considered to be approved by the competent authority. — the control system which will be applied at all stages of production and sale, including the controls to be carried out by an independent body recognised by the competent 4. Where the competent authorities of all the Member States concerned approve the specification submitted, the operator or organisation concerned shall be entitled to label beef, provided that the label contains its name or logo. 23.8.2000 EN Official Journal of the European Communities C 240/15 5. By way of derogation from paragraphs 1 to 4, the Commission, in accordance with the procedure referred to in Article 23(2), may provide for an accelerated or simplified procedure for approval in specific cases, in particular for beef in small retail packages or prime beef cuts in individual packages, labelled in a Member State according to an approved specification and introduced into the territory of another Member State, provided that no information is added to the initial label. A Member State may decide that the name of one or 6. more of its regions may not be used, in particular where the name of a region: — could give rise to confusion or difficulties in checking, — is reserved for beef in the framework of Regulation (EEC) No 2081/92. Where authorisation is given, the name of the Member State shall appear alongside the name of the region. this Article and in particular of inform the Commission of the 7. Member States shall implementation of the indications set out on the labels. The Commission shall inform the other Member States within the Management Committee for Beef and Veal referred to in Article 23(1)(b) and, where necessary, in accordance with the procedure referred to in Article 23(2), rules relating to those indications may be laid down and, in particular, limits may be imposed. — each operator and organisation whose specification was accepted by the competent authority. The Commission shall transmit these notifications to the Member States. Where, on the basis of the above notifications, the Commission reaches the conclusion that the procedures and/or criteria applied in a third country are not equivalent to the standards set out in this Regulation, the Commission shall, after consultation with the third country concerned, decide that approvals granted by that third country shall not be valid within the Community. Article 18 Sanctions Without prejudice to any action taken by the organisation itself or the independent control body provided for in Article 16, where it is shown that an operator or organisation has failed to comply with the specification referred to in Article 16(1), the Member State may withdraw the approval provided for in Article 16(2) or impose supplementary con- ditions to be respected if its approval is to be maintained. SECTION III GENERAL PROVISIONS Article 19 Detailed rules Article 17 Voluntary labelling system for beef from third countries 1. Where the production of beef takes place, in full or in part, in a third country, operators and organisations shall be entitled to label beef according to this section if, in addition to complying with Article 16, they have obtained for their specifications the approval of the competent authority desig- nated for that purpose by each of the third countries con- cerned. 2. The validity within the Community of an approval granted by a third country shall be subject to prior notification by the third country to the Commission of: — the competent authority which has been designated, — the procedures and criteria to be followed by the com- petent authority when examining the specification, The measures necessary for the implementation of this Title shall be adopted in accordance with the management pro- cedure referred to in Article 23(2). These measures concern in particular: (a) definition of the size of the group of animals, referred to in Article 13(2)(a); (b) definition of the minced beef, beef trimmings or cut beef referred to in Article 14; (c) definition of specific indications that may be put on labels; (d) definition of the categories of animals referred to in Article 13(2)(d). There shall be adopted in accordance with the same procedure: (e) measures required to facilitate the transition from the application of Regulation (EC) No 820/97 to application of this Title; (f) measures required to resolve specific practical problems. if duly justified, may derogate from Such measures, certain parts of this Title. C 240/16 EN Official Journal of the European Communities 23.8.2000 Article 20 Designation of competent authorities Member States shall designate the competent authority or authorities responsible for implementing this Title, no later than … (*). Article 21 At the latest by ... (**), the Commission shall submit a report to the European Parliament and the Council, together, if necessary, with appropriate proposals regarding extending the scope of this Regulation to processed products containing beef and beef-based products. TITLE III COMMON PROVISIONS Article 22 1. Member States shall take all the necessary measures to ensure compliance with the provisions of this Regulation. The controls provided for shall be without prejudice to any controls which the Commission may carry out pursuant to Article 9 of Regulation (EC, Euratom) No 2988/95. Any sanctions imposed by the Member State on a holder shall be proportionate to the gravity of the breach. The sanctions may involve, where justified, a restriction on movement of animals to or from the holding of the keeper concerned. Experts from the Commission, in conjunction with the 2. competent authorities: (a) (b) shall verify that the Member States are complying with the requirements of this Regulation; shall make on-the-spot checks to ensure that the checks are carried out in accordance with this Regulation. 3. A Member State in whose territory an on-the-spot check is made shall provide the experts from the Commission with any assistance they may require in the performance of their tasks. The outcome of the checks made must be discussed with the competent authority of the Member State concerned before a final report is drawn up and circulated. 4. Where the Commission deems that the outcome of checks so justifies, it shall review the situation within the Standing Veterinary Committee referred to in Article 23(1)(c). It may adopt the necessary decisions in accordance with the procedure laid down in Article 23(3). The Commission shall monitor developments in the 5. situation. In the light of such developments and in accordance with the procedure laid down in Article 235(3) it may amend or repeal the decisions referred to in paragraph 4. 6. Detailed rules for the application of this Article shall be adopted, where necessary, in accordance with the procedure referred to in Article 23(3). Article 23 The Commission shall be assisted: for the implementation of Article 10, by the European Agricultural Guidance and Guarantee Fund Committee referred to in Article 11 of Council Regulation (EC) No 1258/1999 (3), for the implementation of Article 19 by the Management Committee for Beef and Veal set up by Article 42 of Council Regulation (EC) No 1254/1999 (4), for the implementation of Article 22 by the Standing Veterinary Committee set up by Council Decision 68/361/EEC (5). 1. (a) (b) (c) 2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. The period referred to in Article 4(3) of Decision 1999/468/EC shall be set at one month. 3. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. The period referred to in Article 5(6) of Decision 1999/468/EC shall be set at three months. 4. The Committees shall adopt their rules of procedure. (*) Two months from the date of entry into force of this Regulation. (**) Three years from the date of entry into force of this Regulation. (3) OJ L 160, 26.6.1999, p. 103. (4) OJ L 160, 26.6.1999, p. 21. (5) OJ L 255, 18.10.1968, p. 23. 23.8.2000 EN Official Journal of the European Communities C 240/17 Article 24 Article 25 1. Regulation (EC) No 820/97 shall be repealed. This Regulation shall enter into force on the third day following the day of its publication in the Official Journal of the European Communities. 2. References to Regulation (EC) No 820/97 shall be con- strued as references to this Regulation and shall be read in accordance with the correlation table set out in the Annex. It shall be applicable to beef from animals slaughtered on or after 1 September 2000. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at … For the European Parliament The President For the Council The President C 240/18 EN Official Journal of the European Communities 23.8.2000 ANNEX CORRELATION TABLE Regulation (EC) No 820/97 This Regulation Article 1 Article 2 Article 3 Article 4 Article 5 Article 6 Article 7 Article 8 Article 9 Article 10 Article 11 Article 12 Article 13 Article 14(1) Article 14(2) Article 14(3) Article 14(4) Article 15 Article 16(1) Article 16(2) Article 16(3) Article 17 Article 18 Article 19 Article 20 Article 21 Article 22 Article 1 Article 2 Article 3 Article 4 Article 5 Article 6 Article 7 Article 8 Article 9 Article 10 — Article 11 Article 12 Article 16(1) Article 16(2) Article 16(5) Article 16(4) Article 17 Article 16(3) Article 16(3) Article 13(2)(a) Article 18 Article 19 — Article 20 Article 22 Article 25 23.8.2000 EN Official Journal of the European Communities C 240/19 STATEMENT OF THE COUNCIL’S REASONS I. INTRODUCTION 1. On 27 October 1999 the Commission submitted to the Council a proposal for a Regulation of the European Parliament and of the Council, based on Article 152 of the Treaty, establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Regulation (EC) No 820/97. 2. Having been consulted under the codecision procedure, the European Parliament delivered its opinion on the above proposal on 12 April 2000. The Economic and Social Committee and the Committee of the Regions delivered their opinions on 2 March and 13 April 2000 respectively. 3. At its meeting on 6 June 2000, the Council adopted its Common Position on the amended Commission proposal, taking Articles 37 and 152(4)(b) of the Treaty as its dual basis, which does not prejudice recourse to the codecision procedure. II. OBJECTIVES 4. The purpose of the proposal is to establish a reliable and transparent system for the identification and registration of bovine animals and regarding the mandatory labelling of beef so as to supplement and replace the provisions introduced in April 1997, under Regulation (EC) No 820/97, further to the BSE (bovine spongiform encephalopathy) crisis. Its twofold objective is to encourage consumer confidence in the quality of beef products and to reinforce the stability of that market. The compulsory labelling system, intended to replace arrangements which are in the main voluntary, would be introduced in two phases. Initially, the consumer would be given the information available on the point of slaughter, the place of deboning and the category of animal. Once the second phase is introduced, the labelling for beef products would also have to provide information on where the animal was born and reared. III. COMMON POSITION 5. Given the above objectives, the Council has approved the substance of the Commission proposal but has made a number of amendments, the grounds for which are given below. The majority of amendments are based on amendments by the European Parliament, in particular in the key areas of the proposal, such as the provisions on the origin of the meat and the date on which the obligatory indications of origin enter into force, and the voluntary system. Legal basis 6. The Council has amended the legal basis for the proposal by taking Articles 37 and 152(4)(b) of the Treaty as the basis, since the provisions of the proposed Regulation will not only have positive effects on the protection of public health by ensuring traceability and improving consumer information, but also concern the stability of the market in beef, which is one of the aims of the common agricultural policy. These elements are set out in recitals 6 and 7. C 240/20 EN Official Journal of the European Communities 23.8.2000 Recitals 1, 2 and 3 7. The date given in the first recital has been changed. Article 19 of Regulation (EC) No 820/97 lays down that a compulsory beef labelling system is to be introduced from 1 January 2000 onwards, and not 1 January 2001. The date on which Regulation (EC) No 820/97 was adopted has also been added. At the suggestion of Parliament, a new recital has been added (recital 2) which refers to Regulation (EC) No 2772/1999, in which it is stipulated that the general rules of a compulsory labelling system are to apply provisionally from 1 January to 31 August 2000. The third recital has also been simplified as suggested by Parliament. Recital 4 8. In recital 4, the Council has taken up a suggestion from Parliament to the effect that the provisions on labelling must prevent consumers from being misled. The recital has also been reworded to stress the need for appropriate and clear labelling of the product. The first sentence of the recital has also been reworded to make it easier to understand. Recital 15 9. To ensure the traceability of bovine animals and beef, a new recital has been added (recital 15). It is important that all the Member States have a fully operational computerised system as quickly as possible. Former recital 22 10. Recital 22 of the Commission proposal (former recital 22), defining ‘beef’, has been deleted in order to avoid a possible duplication of Article 12. Recital 26 11. For the sake of clarity the substance of recital 26 has been simplified. The date for the entry into force of the compulsory labelling system has been amended, in line with the change made to Article 13(5). Recital 27 12. For the sake of clarity, the wording of recital 27 has been simplified. The second sentence of this recital has been amended to establish better the relation between the labelling requirements for third country operators (pursuant to Article 15) and those imposed for beef produced in the Community. Recital 28 13. Recital 28 has been amended to reflect the limited scope of the derogations provided for under Article 14. 23.8.2000 EN Official Journal of the European Communities C 240/21 Recital 29 14. Recital 29 has been shortened as a result of Article 16 of the Commission proposal having been deleted (former Article 16). Recital 30 15. The Council has included part of the text suggested by Parliament for an additional recital (recital 30), confirming that the provisions of the proposal are without prejudice to Regulation (EEC) No 2081/92 on the protection of geographical indications and designations of origin. Recitals 31, 32 and 34 16. Recitals 31, 32 and 34 concern the adjustments needed better to convey that any other indications not required by the compulsory labelling system must be included in a Community framework on the basis of a voluntary labelling system modelled on the system described in Regulation (EC) No 820/97. Recital 33 17. Recital 33 has been amended to indicate that Commission intervention pursuant to Article 19 of the Regulation in the event of practical problems must be justified. Recital 36 18. A recital 36 has been added, pointing out that the implementing measures to be taken by the Commission must comply with the committee procedure rules laid down in Council Decision 1999/468/EC. Articles 2 and 5 19. In Articles 2 and 5, the reference to Directive 97/12/EC has been corrected by the references ‘Article 2(2)(b) and (c) of Directive 64/432/EEC’ and ‘Articles 14 and 18 of Directive 64/432/EEC’ respectively. Articles 6 and 7 20. Article 6(3) and Article 7(1) have been amended, at the suggestion of Parliament, so as to do away with certain references which are out of date. Article 7(1) has been amended to ease the administrative burden on breeders, particularly in Austria, who put their animals out to graze in mountain areas for the summer months. Article 11 21. The first of the two indents in Article 11 has been reworded in order to comply better with traceability requirements. The provisions laid down under the compulsory labelling system must be understood as applying to all points of sale and thus to all stages of marketing. Furthermore, the provision intended to establish the effect of Title II of the Regulation in terms of other Community legislative acts has been amended to stipulate that Title II is applicable without prejudice to the relevant legislation. C 240/22 EN Official Journal of the European Communities 23.8.2000 Article 12 22. The definition of ‘labelling’ has been amended and now contains nearly all of Parliament’s suggested wording to take account of the specific characteristics of small retailers. It is now stipulated that information must be readily available and provided to the consumer in written and visible form for non-prewrapped individual pieces of meat. This is the same information as must be provided for prewrapped meat sold, in particular, in supermarkets. Article 13 23. As proposed by Parliament, the indications which must be given on the label, stipulated in Article 13(2) and (5), have been simplified in order to avoid providing information which is of little practical use to the great majority of consumers. Thus: — as of the first stage in the compulsory labelling system, any requirement relating to the slaughter date, the region in which the abattoir and cutting hall are located or to the length of maturation of the meat has been deleted, — as of the second phase, any requirements relating to the region or holding have been deleted. 24. In addition, the provision contained in Article 13(3) whereby Member States may require additional information on cuts of meat from animals born, raised and slaughtered in the same Member State has now been limited to the first phase of the compulsory system. This amendment is intended to ensure, in the long term, an adequate degree of harmonisation to enable the single market in beef to function smoothly. 25. The date for the entry into force of the second phase of the compulsory labelling system, stipulated in paragraph 5, has been brought forward by 12 months to 1 January 2002. In so doing, the Council is seeking to comply, at least in part, with Parliament’s wishes where it is technically possible to anticipate the second phase. 26. The provision in paragraph 5(b), intended to allow indications of origin to be grouped as of the second phase, has also been simplified. Here the Council has to a certain extent followed the suggestions from Parliament, and considered that a generic indication, such as ‘Origin: EC’ or ‘Origin: non-EC’, should not be accepted because it would not be sufficient for consumers. The Council considers that if meat comes from animals born, raised and slaughtered in the same country there is no need to indicate the same name three times. However, when the meat originates from animals born, raised and slaughtered in different countries, the names of the Member States or the third countries of origin must appear on the label. Article 14 27. Most of Article 14 has been recast to limit the scope of the derogations allowed for certain types of beef. Firstly, the derogations no longer apply exclusively to operators and organisations that prepare minced beef, similar provisions could be adopted at a later stage for cut beef and beef trimmings in the light of the experience gained by then. Furthermore, as soon as the Regulation enters into force, the reference code or number that guarantees that the minced meat can be traced must appear on the label, together with the country of slaughter, as must the name of the country in which the meat was prepared. Operators preparing minced meat are no longer exempted from these obligations. At the same time, they will be able to use certain other indications usually required under the compulsory labelling system, if they so wish, and will be able to give the date on which the minced meat was prepared. 23.8.2000 EN Official Journal of the European Communities C 240/23 Moreover, no provision is made for simplified indications such as ‘Produced in the EC’ or ‘Produced in non-EC countries’ for the labelling of minced meat. Article 15 28. Just as the Council has rejected simplified indications in the form of generic designations proposed in Article 13(5), it has provided that the country of slaughter must be given for beef from third countries as well. The generic indication ‘Origin: non-EC’ is therefore an indication additional to that of the country of slaughter as required by Article 15, and not an alternative. Former article 16 29. Article 16 of the Commission proposal (former Article 16), which allowed operators and organisations that ensured a link between the beef and the animal from which the beef was derived to label beef with a specific logo, has been deleted. The Council agrees with Parliament on this issue, namely that a proliferation of logos in this sector should be avoided. Articles 16, 17 and 18 30. As regards the voluntary labelling system, which allows other indications to be given in addition to those required by the compulsory system, the Council has followed Parliament’s suggestions and replaced the majority of the rules provided for in Article 16 of the text with the provisions set out in Article 14 of Regulation (EC) No 820/97. Thus, the Council has chosen to continue the voluntary system in force since 1997 as opposed to the simplified procedures provided for in the Commission’s proposal. Article 16(6) has been reworded to avoid prejudicing the implementation of Regulation (EEC) No 2061/92 on the protection of geographical indications and designations of origin, and so that use of a name of a region in voluntary labelling does not cause confusion or inspection problems. Moreover, a new paragraph 7 has been added to ensure that information is circulated between the Commission and the Member States on the indications given on the labels and on the application of the voluntary system in general. The Commission is authorised, where necessary, to adopt implementing rules. Article 17 has been amended to ensure consistency with Article 16 as it now stands. Furthermore, in Article 18 of the text, sanctions for failure to comply with the rules on voluntary labelling may result in the withdrawal of approval, as is currently the case pursuant to Article 17 of Regulation (EC) No 820/97. Article 19 31. Article 19, on the implementing rules, has been amended in line with the amendments made to the labelling rules in Title II. Article 20 32. As suggested by Parliament, the deadline set in Article 20 for designating the authorities responsible for implementing Title II has been shortened to two months. C 240/24 EN Official Journal of the European Communities 23.8.2000 Article 21 33. The Council has in part taken over the text for an additional Article (Article 21) suggested by Parliament to enable both the institutions to review the scope of the Regulation in three years’ time and, if necessary, provide for it to be extended to cover processed products containing beef and beef products. Article 22 34. In agreement with Parliament, the wording of Article 22(2) has been tightened up to ensure that the Commission experts verify that the rules in the Regulation are being complied with and that they make checks on the checks conducted by the Member States. Furthermore, as these Commission experts are not necessarily veterinary experts the word ‘veterinary’ has been deleted. Article 25 35. The deadline for the implementation of the Regulation is stipulated more clearly so as to preclude the risk of a legal vacuum, since the temporary provisions of the compulsory labelling system, as laid down in Regulation (EC) No 2772/1999, expire on 31 August 2000. Given the need to use up stocks from animals slaughtered before that date, the Regulation will be applicable only to beef from animals slaughtered on or after 1 September 2000. Lastly, the Regulation enters into force on the third day after its publication in the Official Journal of the European Communities, and not on the seventh day thereafter. IV. GENERAL CONCLUSION 36. The Council considers that its Common Position, which comprises the amendments given above and takes account of the European Parliament’s opinion at first reading, best meets the objectives set out the Commission has endorsed these amendments. in the Commission proposal;
http://publications.europa.eu/resource/cellar/68027a61-9900-4fe7-8405-30a514a6836c
92000E001906
WRITTEN QUESTION P-1906/00 by Albert Maat (PPE-DE) to the Commission. Advertising campaign for British pigmeat in the United Kingdom.
2000-06-06
eng
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[ "United Kingdom", "animal welfare", "comparative advertising", "intensive livestock farming", "pigmeat", "restriction on competition", "single market" ]
[ "3774", "5462", "6134", "715", "4692", "3581", "3299" ]
13.3.2001 EN Official Journal of the European Communities C 81 E/107 2. On 29 May 2000 the Council agreed to the request of the United Kingdom to take part in some of the provisions of the Schengen acquis. The relevant Council Decision is published in the Official Journal L 131 of 1 June 2000, page 43 (1). (1) OJ L 131, 1.6.2000, p. 43. (2001/C 81 E/129) WRITTEN QUESTION P-1906/00 by Albert Maat (PPE-DE) to the Commission (6 June 2000) Subject: Advertising campaign for British pigmeat in the United Kingdom There is an advertising campaign for British pigmeat in the United Kingdom worth € 7,4 million (£ 4,6 million) financed by the Ministry of Agriculture, Fisheries and Food and the Meat and Livestock Commission. There are posters in the regional and national press referring to different standards of animal welfare in other Member States of the EU. The campaign of 11 May is to do with the restricted space which sows allegedly have and the 30 May campaign refers to the cannibalism that allegedly occurs as a result of feeding bone meal. The campaign puts other Member States (indirectly) in a bad light. The main purpose of the campaign is to encourage the sale of British pigmeat, which will have an adverse effect on exports of pigmeat (cid:129) principally from Denmark and the Netherlands (cid:129) to the United Kingdom. The campaign has been launched in the light of the crisis in the British pigmeat sector which is the result not only of differences in welfare requirements in the Union but also of the exchange rate of the pound. Is the Commission aware of the British advertising campaign for pigmeat? What is its attitude towards this campaign? Does the Commission agree that the campaign (cid:129) and the resultant distortion of competition (cid:129) are a contravention of the European internal market? If not, why not? Does the Commission agree that a level playing field needs to be created within the internal market, with uniform standards for animal welfare, so that the pig sector can operate under the same conditions throughout Europe? If not, why not? If so, what action is the Commission considering taking? Answer given by Mr Fischler on behalf of the Commission (29 June 2000) the promotion campaign to which the Honourable Member refers. The Commission is aware of The Commission has started an inquiry with the authorities in the United Kingdom to investigate the matter. Without prejudice to the outcome of the Commission emphasises the importance of proper observance of the state aid rules in the field of promotion and advertising of agricultural products as they are outlined in the framework for national aid for advertising of agricultural products and certain products not listed in Annex II (now Annex I) to the EC Treaty, excluding fishery products (1) and the Commission communication concerning state involvement in the promotion of agricultural and fisheries products (2). these investigations, The minimum requirements for the protection of pigs kept in intensive conditions are provided by Council Directive 91/630/EEC of 19 November 1991 (3). Article 6 provides for appropriate proposals to improve the welfare conditions of farmed pigs on the basis of a specific report from the scientific veterinary committee. This report has been adopted and can be consulted at the Internet site of the Commission at the following address: http://europa.eu.int/comm/dg24/health/sc/oldcomm4/out_en.html. C 81 E/108 Official Journal of the European Communities EN 13.3.2001 The report makes various recommendations to improve the welfare conditions of pigs kept in intensive conditions, including the necessity to keep sows in social groups. The Commission will submit a proposal to amend the present legislation based on these recommendations and practical experiences of the Member States. The draft Commission proposal, that is being prepared and will be presented to the Council before September 2000, will include in particular provisions banning individual stalls for sows. The Commission proposal also aims to establish separate areas for the performance of the normal behaviour patterns of the animals. Enrichment of the environment and mutilations of the pigs will also be addressed. The Commission has also to take into consideration socio- economic implications when proposing measures such as those concerning the ban on individual sow stalls. (1) OJ C 302, 12.11.1987. (2) OJ C 272, 28.10.1986. (3) OJ L 340, 11.12.1991. (2001/C 81 E/130) WRITTEN QUESTION E-1910/00 by Mar(cid:237)a Sornosa Mart(cid:237)nez (PSE), Mar(cid:237)a Valenciano Mart(cid:237)nez-Orozco (PSE) and Mar(cid:237)a Rodr(cid:237)guez Ramos (PSE) to the Commission (16 June 2000) Subject: Follow-up to and continuation of the (cid:145)Flower for the Women of Kabul(cid:146) campaign Since the Taliban came to power in 1996, the women of Afghanistan have suffered brutal discrimination and repression whereby they are forced to wear the burqua (the garment that covers them completely) and denied the right to work and to attend hospitals to receive medical assistance. Numerous murders, public executions and acts of violence have been committed (cid:145)with Government consent(cid:146). In 1998 the Commission launched a campaign entitled, (cid:145)A Flower for the Women of Kabul(cid:146), to raise awareness of the problems experienced by these women and to call for international support. Circum- stances in Afghanistan later obliged the European Community Humanitarian Office (ECHO) to temporarily withdraw funding from the projects and organisations operating in Kabul. Further to the resolution adopted by the European Parliament at its part-session last December (joint text of B5-0343, 0346, 0371, 0378 and 0384/1999): Will the Commission give details of measures taken since then and of any action further to the (cid:145)Flower for the Women of Kabul(cid:146) campaign? Will the Commission give details of developments with regard to the decision to suspend ECHO(cid:146)s humanitarian aid in Kabul? Does the Commission consider that sufficient international pressure has been brought to bear on the Taliban regime by the European Union and its Member States? Does the Commission intend to make new proposals or suggestions to the Council to provide increased support for Afghan women? Answer given by Mr Patten on behalf of the Commission (17 July 2000) The (cid:145)Flower for the women of Kabul(cid:146) campaign was designed for a limited period to heighten international awareness of the plight of Afghan women in general and in Kabul in particular. In that regard the campaign succeeded in its objectives. No specific follow up actions were envisaged or planned at the outset. On the programming side, however, the Commission has maintained its focus on the humanitarian needs of women and children in critical sectors like health, education, sanitation and water supply.
http://publications.europa.eu/resource/cellar/dd0ffcfd-a49a-4b28-81f1-12548dacdb8b
52000SC0931
Draft Decision n° 1/2000 of the EC-Turkey Association Committee on the adoption of the terms of reference of the Association Committee subcommittees - Draft common position of the Community
2000-06-06
eng
[ "European Commission" ]
[]
[]
[]
[ "html" ]
[ "agricultural expenditure", "general budget (EU)", "preliminary draft EC budget" ]
[ "5575", "5158", "5452" ]
EUR-Lex - 52000SC0931 - EN Avis juridique important | 52000SC0931 Draft Decision n° 1/2000 of the EC-Turkey Association Committee on the adoption of the terms of reference of the Association Committee subcommittees - Draft common position of the Community /* SEC/2000/0931 final */ Draft DECISION n° 1/2000 OF THE EC-TURKEY ASSOCIATION COMMITTEE on the adoption of the terms of reference of the Association Committee subcommittees - Draft common position of the Community(presented by the Commission)EXPLANATORY MEMORANDUMThe EC-Turkey Association Council of 11 April has adopted Decision n° 3/2000 creating the subcommittees of the Association Committee for Turkey.The purpose of the subcommittees is to prepare the analytical examination of the Turkish legislation in the various fields of the Community acquis and to monitor the implementation of the Accession Partnership with Turkey, which is to be adopted in the course of this year.In its Decision, the Association Council mandated the Association Committee to adopt the terms of reference of the subcommittees: these should be in line with those adopted for the other candidate countries. Moreover, the terms of reference should take into account the following issues:- the particularities of the relations between the EU and Turkey, namely the existence of the Customs Union, which has its own institutional framework, in particular the Customs Union Joint Committee and the Customs Union Co-operation Committee;- the modifications to the Treaty on European Union, in particular as regards Title VI, which also constitute an integral part of the acquis communautaire.The Commission invites the Council to adopt the attached draft, as the Community position, in view of the adoption by the EC-Turkey Association Committee of the terms of reference of the subcommittees of the EC-Turkey Association Committee.Draft DECISION n° 1/2000 OF THE EC-TURKEY ASSOCIATION COMMITTEE on the adoption of the terms of reference of the Association Committee subcommitteesTHE EC-TURKEY ASSOCIATION COMMITTEE,Having regard to the Agreement establishing an Association between the European Economic Community and Turkey [1];[1] OJ L 217 of 29.12.1964, p.1.Having regard to the EC-Turkey Association Council Decision n° 3/2000 of 11 April 2000 creating the subcommittees of the EC-Turkey Association Committee;Whereas:(1) The Helsinki European Council of December 1999 called on the Commission to draw up an Accession Partnership for Turkey, to set up appropriate monitoring mechanisms and to prepare a process of analytical examination of the acquis;(2) In its Decision n° 3/2000 the EC-Turkey Association Council created a number of subcommittees of the EC-Turkey Association Committee and instructed the EC-Turkey Association Committee to adopt their terms of reference;(3) The terms of reference of the subcommittees of the EC-Turkey Association Committee should take into consideration the existing institutional framework of the EC-Turkey Association Agreement and the modifications of the Treaty on European Union.HAS DECIDED AS FOLLOWS:Sole ArticleThe terms of reference of the subcommittees of the EC-Turkey Association Committee are set out in the Annex.Done at Brussels,For the Association CommitteeThe PresidentANNEXTerms of ReferenceEU/Turkey Subcommittee N° 1 on Agriculture and Fisheries1. Composition and ChairmanshipThe subcommittee shall be composed of representatives of the European Commission and representatives of the Government of Turkey. It shall be chaired alternately by the two parties according to the rules on the alternate chairmanship of the Association Committee. The Member States will be informed and invited to the subcommittee meetings.2. RoleThe subcommittee shall work under the authority of the Association Committee, to which it shall report after each meeting. The subcommittee does not have any decision-making power.3. Subject matterThe subcommittee shall discuss the implementation of the Association Agreement and of the priorities established under the Accession Partnership in the areas listed below. In particular, it shall assess progress as regards law approximation, implementation and enforcement. Where relevant, co-operation in public administration matters shall be discussed. The subcommittee shall examine any problems that may arise in the sectors listed below and shall suggest possible steps to be undertaken.3.a- Agricultural co-operation and rural development.3.b- Veterinary and phytosanitary matters.3.c- Legislation applicable to trade in agricultural and fisheries products, and processed agricultural products, with the exclusion of matters pertaining to the Customs Union Joint Committee.4. SecretariatAn official of the European Commission and an official of the Government of Turkey shall act jointly as permanent Secretaries of the subcommittee.All communications concerning the subcommittee shall be forwarded to the Secretaries.5. MeetingsThe subcommittee shall meet whenever circumstances require. A meeting may be convened on the basis of a request from either party, channelled through the Secretary in charge, who will pass the request onto the other party. Upon receipt of a request for a subcommittee meeting, the Secretary of the other party shall reply within 15 working days. In cases of particular urgency, subcommittees may be convened at shorter notice subject to the agreement of both parties. All requests to convene meetings should be in writing.Each meeting of the subcommittee shall be held at a time and place agreed by both parties.The meetings shall be convened by the Secretary in charge in agreement with the Chairperson. Before each meeting, the Chairperson will be informed of the intended composition of the delegation of each party.If both parties agree, the subcommittee may invite experts to its meetings to provide the specific information so requested.6. Agenda of the meetingsAll requests for items to be included in the subcommittee agenda shall be forwarded to the Secretaries.A provisional agenda will be drawn up for each meeting. It shall be forwarded by the Secretary in charge to its counterpart not later than fifteen days before the beginning of the meeting.The provisional agenda shall include the items in respect of which the Secretaries have received a request for inclusion in the agenda no later than fifteen days before the beginning of the meeting. Supporting documentation must be received by both parties at least seven days ahead of the meeting. To take account of urgent matters, these time limits may be shortened provided both parties agree.The agenda shall be adopted by the subcommittee at the beginning of each meeting.7. MinutesMinutes shall be taken for and agreed after each meeting. A copy of the minutes shall be forwarded by the Secretaries of the subcommittee to the Secretary of the Association Committee.8. Multi disciplinary MeetingsA subcommittee meeting may deal with any or all of the areas listed in point 3. Where necessary, meetings may be called on a single subject.9. PublicityUnless otherwise decided, the meetings of the subcommittee shall not be public.Terms of ReferenceEU/Turkey Sub Committee N° 2 on Internal Market and Competition1. Composition and ChairmanshipThe subcommittee shall be composed of representatives of the European Commission and representatives of the Government of Turkey. It shall be chaired alternately by the two parties according to the rules on the alternate chairmanship of the Association Committee. The Member States will be informed and invited to the subcommittee meetings.2. RoleThe subcommittee shall work under the authority of the Association Committee, to which it shall report after each meeting. The subcommittee does not have any decision-making power.3. Subject matterThe subcommittee shall discuss the implementation of the Association Agreement and of the priorities established under the Accession Partnership in the areas listed below. In particular, it shall assess progress as regards law approximation, implementation and enforcement. Where relevant, co-operation in public administration matters shall be discussed. The subcommittee shall examine any problems that may arise in the sectors listed below and shall suggest possible steps to be undertaken.3.a- Free movement of goods, including standardisation, certification, conformity assessments, market surveillance.3.b- Intellectual and industrial property rights.3.c- Public procurement data protection and civil law.3.d- Company Law, accounting and electronic commerce.3.e- Consumer protection.3.f- Competition and state aid.3.g- Services, including financial services: banking, insurance, investment and postal services.3.h- Movement of workers except co-ordination of social security.3.i- Right of establishment and provision of services.3.j- Turkish participation in related Community programmes.4. SecretariatAn official of the European Commission and an official of the Government of Turkey shall act jointly as permanent Secretaries of the subcommittee.All communications concerning the subcommittee shall be forwarded to the Secretaries.5. MeetingsThe subcommittee shall meet whenever circumstances require. A meeting may be convened on the basis of a request from either party, channelled through the Secretary in charge, who will pass the request onto the other party. Upon receipt of a request for a subcommittee meeting, the Secretary of the other party shall reply within 15 working days. In cases of particular urgency, subcommittees may be convened at shorter notice subject to the agreement of both parties. All requests to convene meetings should be in writing.Each meeting of the subcommittee shall be held at a time and place agreed by both parties.The meetings shall be convened by the Secretary in charge in agreement with the Chairperson. Before each meeting, the Chairperson will be informed of the intended composition of the delegation of each party.If both parties agree, the subcommittee may invite experts to its meetings to provide the specific information so requested.6. Agenda of the meetingsAll requests for items to be included in the subcommittee agenda shall be forwarded to the Secretaries.A provisional agenda will be drawn up for each meeting. It shall be forwarded by the Secretary in charge to its counterpart not later than fifteen days before the beginning of the meeting.The provisional agenda shall include the items in respect of which the Secretaries have received a request for inclusion in the agenda no later than fifteen days before the beginning of the meeting. Supporting documentation must be received by both parties at least seven days ahead of the meeting. To take account of urgent matters, these time limits may be shortened provided both parties agree.The agenda shall be adopted by the subcommittee at the beginning of each meeting.7. MinutesMinutes shall be taken for and agreed after each meeting. A copy of the minutes shall be forwarded by the Secretaries of the subcommittee to the Secretary of the Association Committee.8. Multi disciplinary MeetingsA subcommittee meeting may deal with any or all of the areas listed in point 3. Where necessary, meetings may be called on a single subject.9. PublicityUnless otherwise decided, the meetings of the subcommittee shall not be public.Terms of ReferenceEU/Turkey Subcommittee N° 3 on Trade, Industry and ECSC products1. Composition and ChairmanshipThe subcommittee shall be composed of representatives of the European Commission and representatives of the Government of Turkey. It shall be chaired alternately by the two parties according to the rules on the alternate chairmanship of the Association Committee. The Member States will be informed and invited to the subcommittee meetings.2. RoleThe subcommittee shall work under the authority of the Association Committee, to which it shall report after each meeting. The subcommittee does not have any decision-making power.3. Subject matterThe subcommittee shall discuss the implementation of the Association Agreement and of the priorities established under the Accession Partnership in the areas listed below. In particular, it shall assess progress as regards law approximation, implementation and enforcement. Where relevant, co-operation in public administration matters shall be discussed. The subcommittee shall examine any problems that may arise in the sectors listed below and shall suggest possible steps to be undertaken. However, specific trade problems will continue to be dealt with by the Customs Union mixed committee.3.a- Trade, with the exclusion of matters pertaining to the EC-Turkey Customs Union Joint Committee.3.b- ECSC products.3.c - Investment promotion.3.d- Small and medium enterprises and Turkey's participation in Community SME programmes.3.e- Industrial policy and co-operation.3.f- Tourism.4. SecretariatAn official of the European Commission and an official of the Government of Turkey shall act jointly as permanent Secretaries of the subcommittee.All communications concerning the subcommittee shall be forwarded to the Secretaries.5. MeetingsThe subcommittee shall meet whenever circumstances require. A meeting may be convened on the basis of a request from either party, channelled through the Secretary in charge, who will pass the request onto the other party. Upon receipt of a request for a subcommittee meeting, the Secretary of the other party shall reply within 15 working days. In cases of particular urgency, subcommittees may be convened at shorter notice subject to the agreement of both parties. All requests to convene meetings should be in writing.Each meeting of the subcommittee shall be held at a time and place agreed by both parties.The meetings shall be convened by the Secretary in charge in agreement with the Chairperson. Before each meeting, the Chairperson will be informed of the intended composition of the delegation of each party.If both parties agree, the subcommittee may invite experts to its meetings to provide the specific information so requested.6. Agenda of the meetingsAll requests for items to be included in the subcommittee agenda shall be forwarded to the Secretaries.A provisional agenda will be drawn up for each meeting. It shall be forwarded by the Secretary in charge to its counterpart not later than fifteen days before the beginning of the meeting.The provisional agenda shall include the items in respect of which the Secretaries have received a request for inclusion in the agenda no later than fifteen days before the beginning of the meeting. Supporting documentation must be received by both parties at least seven days ahead of the meeting. To take account of urgent matters, these time limits may be shortened provided both parties agree.The agenda shall be adopted by the subcommittee at the beginning of each meeting.7. MinutesMinutes shall be taken for and agreed after each meeting. A copy of the minutes shall be forwarded by the Secretaries of the subcommittee to the Secretary of the Association Committee.8. Multi disciplinary MeetingsA subcommittee meeting may deal with any or all of the areas listed in point 3. Where necessary, meetings may be called on a single subject.9. PublicityUnless otherwise decided, the meetings of the subcommittee shall not be public.Terms of ReferenceEU/Turkey Sub Committee N° 4 on Economic and Monetary Issues, Capital Movements and Statistics1. Composition and ChairmanshipThe subcommittee shall be composed of representatives of the European Commission and representatives of the Government of Turkey. It shall be chaired alternately by the two parties according to the rules on the alternate chairmanship of the Association Committee. The Member States will be informed and invited to the subcommittee meetings.2. RoleThe subcommittee shall work under the authority of the Association Committee, to which it shall report after each meeting. The subcommittee does not have any decision-making power.3. Subject matterThe subcommittee shall discuss the implementation of the Association Agreement and of the priorities established under the Accession Partnership in the areas listed below. In particular, it shall assess progress as regards law approximation, implementation and enforcement. Where relevant, co-operation in public administration matters shall be discussed. The subcommittee shall examine any problems that may arise in the sectors listed below and shall suggest possible steps to be undertaken.3.a- Economic and monetary issues.3.b- Current payments and capital movements, including investment protection.3.c- Financial sector reform (structural aspects).3.d- Statistical co-operation.4. SecretariatAn official of the European Commission and an official of the Government of Turkey shall act jointly as permanent Secretaries of the subcommittee.All communications concerning the subcommittee shall be forwarded to the Secretaries.5. MeetingsThe subcommittee shall meet whenever circumstances require. A meeting may be convened on the basis of a request from either party, channelled through the Secretary in charge, who will pass the request onto the other party. Upon receipt of a request for a subcommittee meeting, the Secretary of the other party shall reply within 15 working days. In cases of particular urgency, subcommittees may be convened at shorter notice subject to the agreement of both parties. All requests to convene meetings should be in writing.Each meeting of the subcommittee shall be held at a time and place agreed by both parties.The meetings shall be convened by the Secretary in charge in agreement with the Chairperson. Before each meeting, the Chairperson will be informed of the intended composition of the delegation of each party.If both parties agree, the subcommittee may invite experts to its meetings to provide the specific information so requested.6. Agenda of the meetingsAll requests for items to be included in the subcommittee agenda shall be forwarded to the Secretaries.A provisional agenda will be drawn up for each meeting. It shall be forwarded by the Secretary in charge to its counterpart not later than fifteen days before the beginning of the meeting.The provisional agenda shall include the items in respect of which the Secretaries have received a request for inclusion in the agenda no later than fifteen days before the beginning of the meeting. Supporting documentation must be received by both parties at least seven days ahead of the meeting. To take account of urgent matters, these time limits may be shortened provided both parties agree.The agenda shall be adopted by the subcommittee at the beginning of each meeting.7. MinutesMinutes shall be taken for and agreed after each meeting. A copy of the minutes shall be forwarded by the Secretaries of the subcommittee to the Secretary of the Association Committee.8. Multi disciplinary MeetingsA subcommittee meeting may deal with any or all of the areas listed in point 3. Where necessary, meetings may be called on a single subject.9. PublicityUnless otherwise decided, the meetings of the subcommittee shall not be public.Terms of ReferenceEU-Turkey Sub Committee N° 5 on Innovation1. Composition and ChairmanshipThe subcommittee shall be composed of representatives of the European Commission and representatives of the Government of Turkey. It shall be chaired alternately by the two parties according to the rules on the alternate chairmanship of the Association Committee. The Member States will be informed and invited to the subcommittee meetings.2. RoleThe subcommittee shall work under the authority of the Association Committee, to which it shall report after each meeting. The subcommittee does not have any decision-making power.3. Subject matterThe subcommittee shall discuss the implementation of the Association Agreement and of the priorities established under the Accession Partnership in the areas listed below. In particular, it shall assess progress as regards law approximation, implementation and enforcement. Where relevant, co-operation in public administration matters shall be discussed. The subcommittee shall examine any problems that may arise in the sectors listed below and shall suggest possible steps to be undertaken.3.a- Education, training and youth as well as Turkey's participation in related Community programmes.3.b- Science, Research and Technological Development as well as Turkey's association in related programmes for research, technological development and demonstration.3.c- Telecommunications and information technologies.3.d- Cultural co-operation and audio-visual policy as well as Turkey's participation in related Community programmes.4. SecretariatAn official of the European Commission and an official of the Government of Turkey shall act jointly as permanent Secretaries of the subcommittee.All communications concerning the subcommittee shall be forwarded to the Secretaries.5. MeetingsThe subcommittee shall meet whenever circumstances require. A meeting may be convened on the basis of a request from either party, channelled through the Secretary in charge, who will pass the request onto the other party. Upon receipt of a request for a subcommittee meeting, the Secretary of the other party shall reply within 15 working days. In cases of particular urgency, subcommittees may be convened at shorter notice subject to the agreement of both parties. All requests to convene meetings should be in writing.Each meeting of the subcommittee shall be held at a time and place agreed by both parties.The meetings shall be convened by the Secretary in charge in agreement with the Chairperson. Before each meeting, the Chairperson will be informed of the intended composition of the delegation of each party.If both parties agree, the subcommittee may invite experts to its meetings to provide the specific information so requested.6. Agenda of the meetingsAll requests for items to be included in the subcommittee agenda shall be forwarded to the Secretaries.A provisional agenda will be drawn up for each meeting. It shall be forwarded by the Secretary in charge to its counterpart not later than fifteen days before the beginning of the meeting.The provisional agenda shall include the items in respect of which the Secretaries have received a request for inclusion in the agenda no later than fifteen days before the beginning of the meeting. Supporting documentation must be received by both parties at least seven days ahead of the meeting. To take account of urgent matters, these time limits may be shortened provided both parties agree.The agenda shall be adopted by the subcommittee at the beginning of each meeting.7. MinutesMinutes shall be taken for and agreed after each meeting. A copy of the minutes shall be forwarded by the Secretaries of the subcommittee to the Secretary of the Association Committee.8. Multi disciplinary MeetingsA subcommittee meeting may deal with any or all of the areas listed in point 3. Where necessary, meetings may be called on a single subject.9. PublicityUnless otherwise decided, the meetings of the subcommittee shall not be public.Terms of ReferenceEU/Turkey Sub Committee N° 6 on Transport, Environment, Energy (including Trans European Networks - TENs)1. Composition and ChairmanshipThe subcommittee shall be composed of representatives of the European Commission and representatives of the Government of Transport. It shall be chaired alternately by the two parties according to the rules on the alternate chairmanship of the Association Committee. The Member States will be informed and invited to the subcommittee meetings.2. RoleThe subcommittee shall work under the authority of the Association Committee, to which it shall report after each meeting. The subcommittee does not have any decision-making power.3. Subject matterThe subcommittee shall discuss the implementation of the Association Agreement and of the priorities established under the Accession Partnership in the areas listed below. In particular, it shall assess progress as regards law approximation, implementation and enforcement. Where relevant, co-operation in public administration matters shall be discussed. The subcommittee shall examine any problems that may arise in the sectors listed below and shall suggest possible steps to be undertaken3.a- Transport.3.b- Environment and Turkey's participation in related Community programmes.3.c- Energy including nuclear safety and Turkey's participation in related Community programmes.4. SecretariatAn official of the European Commission and an official of the Government of Turkey shall act jointly as permanent Secretaries of the subcommittee.All communications concerning the subcommittee shall be forwarded to the Secretaries.5. MeetingsThe subcommittee shall meet whenever circumstances require. A meeting may be convened on the basis of a request from either party, channelled through the Secretary in charge,, who will pass the request onto the other party. Upon receipt of a request for a subcommittee meeting, the Secretary of the other party shall reply within 15 working days. In cases of particular urgency, subcommittees may be convened at shorter notice subject to the agreement of both parties. All requests to convene meetings should be in writing.Each meeting of the subcommittee shall be held at a time and place agreed by both parties.The meetings shall be convened by the Secretary in charge in agreement with the Chairperson. Before each meeting, the Chairperson will be informed of the intended composition of the delegation of each party.If both parties agree, the subcommittee may invite experts to its meetings to provide the specific information so requested.6. Agenda of the meetingsAll requests for items to be included in the subcommittee agenda shall be forwarded to the Secretaries.A provisional agenda will be drawn up for each meeting. It shall be forwarded by the Secretary in charge to its counterpart not later than fifteen days before the beginning of the meeting.The provisional agenda shall include the items in respect of which the Secretaries have received a request for inclusion in the agenda no later than fifteen days before the beginning of the meeting. Supporting documentation must be received by both parties at least seven days ahead of the meeting. To take account of urgent matters, these time limits may be shortened provided both parties agree.The agenda shall be adopted by the subcommittee at the beginning of each meeting.7. MinutesMinutes shall be taken for and agreed after each meeting. A copy of the minutes shall be forwarded by the Secretaries of the subcommittee to the Secretary of the Association Committee.8. Multi disciplinary MeetingsA subcommittee meeting may deal with any or all of the areas listed in point 3. Where necessary, meetings may be called on a single subject.9. PublicityUnless otherwise decided, the meetings of the subcommittee shall not be public.Terms of ReferenceEU/Turkey Subcommittee N° 7 on Regional Development, Employment and Social Policy1. Composition and ChairmanshipThe subcommittee shall be composed of representatives of the European Commission and representatives of the Government of Turkey. It shall be chaired alternately by the two parties according to the rules on the alternate chairmanship of the Association Committee. The Member States will be informed and invited to the subcommittee meetings.2. RoleThe subcommittee shall work under the authority of the Association Committee, to which it shall report after each meeting. The subcommittee does not have any decision-making power.3. Subject matterThe subcommittee shall discuss the implementation of the Association Agreement and of the priorities established under the Accession Partnership in the areas listed below. In particular, it shall assess progress as regards law approximation, implementation and enforcement. Where relevant, co-operation in public administration matters shall be discussed. The subcommittee shall examine any problems that may arise in the sectors listed below and shall suggest possible steps to be undertaken.3.a- Employment and social policy and Turkey participation in related Community programmes in the social field.3.b- Co-ordination of social security systems.3.c- Regional development policy.4. SecretariatAn official of the European Commission and an official of the Government of Turkey shall act jointly as permanent Secretaries of the subcommittee.All communications concerning the subcommittee shall be forwarded to the Secretaries.5. MeetingsThe subcommittee shall meet whenever circumstances require. A meeting may be convened on the basis of a request from either party, channelled through the Secretary in charge, who will pass the request onto the other party. Upon receipt of a request for a subcommittee meeting, the Secretary of the other party shall reply within 15 working days. In cases of particular urgency, subcommittees may be convened at shorter notice subject to the agreement of both parties. All requests to convene meetings should be in writing.Each meeting of the subcommittee shall be held at a time and place agreed by both parties.The meetings shall be convened by the Secretary in charge in agreement with the Chairperson. Before each meeting, the Chairperson will be informed of the intended composition of the delegation of each party.If both parties agree, the subcommittee may invite experts to its meetings to provide the specific information so requested.6. Agenda of the meetingsAll requests for items to be included in the subcommittee agenda shall be forwarded to the Secretaries.A provisional agenda will be drawn up for each meeting. It shall be forwarded by the Secretary in charge to its counterpart not later than fifteen days before the beginning of the meeting.The provisional agenda shall include the items in respect of which the Secretaries have received a request for inclusion in the agenda no later than fifteen days before the beginning of the meeting. Supporting documentation must be received by both parties at least seven days ahead of the meeting. To take account of urgent matters, these time limits may be shortened provided both parties agree.The agenda shall be adopted by the subcommittee at the beginning of each meeting.7. MinutesMinutes shall be taken for and agreed after each meeting. A copy of the minutes shall be forwarded by the Secretaries of the subcommittee to the Secretary of the Association Committee.8. Multi disciplinary MeetingsA subcommittee meeting may deal with any or all of the areas listed in point 3. Where necessary, meetings may be called on a single subject.9. PublicityUnless otherwise decided, the meetings of the subcommittee shall not be public.Terms of ReferenceEU/Turkey Subcommittee N° 8 on Customs, Tax, Drugs and Money laundering1. Composition and ChairmanshipThe subcommittee shall be composed of representatives of the European Commission and representatives of the Government of Turkey. It shall be chaired alternately by the two parties according to the rules on the alternate chairmanship of the Association Committee. In case of discussion of subject matters covered by title VI of the Treaty on European Union, the subcommittee shall be chaired by a representative of the Presidency of the Council, who shall also express the position of the Member States. The Member States shall endeavour to reach an agreed line on these subject-matters. The Commission shall be fully associated with the work on these subject matters.The Member States will be informed and invited to the subcommittee meetings.2. RoleThe subcommittee shall work under the authority of the Association Committee, to which it shall report after each meeting. The subcommittee does not have any decision-making power.3. Subject matterThe subcommittee shall discuss the implementation of the Association Agreement and of the priorities established under the Accession Partnership in the areas listed below. In particular, it shall assess progress as regards law approximation, implementation and enforcement. Where relevant, co-operation in public administration matters shall be discussed. The subcommittee shall examine any problems that may arise in the sectors listed below and shall suggest possible steps to be undertaken.3.a- Customs co-operation (with the exception of issues dealt with in the Customs Co-operation Committee).3.b- Indirect Taxation and Turkey's participation in, e.g, the Fiscalis programme.3.c- Money laundering.3.d- Drugs.3.e- Audit and financial Control.3.f- Asylum, immigration, external borders, visa.3.g- Judicial co-operation.4. SecretariatAn official of the European Commission and an official of the Government of Turkey shall act jointly as permanent Secretaries of the subcommittee.All communications concerning the subcommittee shall be forwarded to the Secretaries.5. MeetingsThe subcommittee shall meet whenever circumstances require. A meeting may be convened on the basis of a request from either party, channelled through the Secretary in charge, who will pass the request onto the other party. Upon receipt of a request for a subcommittee meeting, the Secretary of the other party shall reply within 15 working days. In cases of particular urgency, subcommittees may be convened at shorter notice subject to the agreement of both parties. All requests to convene meetings should be in writing.Each meeting of the subcommittee shall be held at a time and place agreed by both parties.The meetings shall be convened by the Secretary in charge in agreement with the Chairperson. Before each meeting, the Chairperson will be informed of the intended composition of the delegation of each party.If both parties agree, the subcommittee may invite experts to its meetings to provide the specific information so requested.6. Agenda of the meetingsAll requests for items to be included in the subcommittee agenda shall be forwarded to the Secretaries.A provisional agenda will be drawn up for each meeting. It shall be forwarded by the Secretary in charge to its counterpart not later than fifteen days before the beginning of the meeting.The provisional agenda shall include the items in respect of which the Secretaries have received a request for inclusion in the agenda no later than fifteen days before the beginning of the meeting. Supporting documentation must be received by both parties at least seven days ahead of the meeting. To take account of urgent matters, these time limits may be shortened provided both parties agree.The agenda shall be adopted by the subcommittee at the beginning of each meeting.7. MinutesMinutes shall be taken for and agreed after each meeting. A copy of the minutes shall be forwarded by the Secretaries of the subcommittee to the Secretary of the Association Committee.8. Multi disciplinary MeetingsA subcommittee meeting may deal with any or all of the areas listed in point 3. Where necessary, meetings may be called on a single subject.9. PublicityUnless otherwise decided, the meetings of the subcommittee shall not be public.
http://publications.europa.eu/resource/cellar/02f14bee-1807-4d4b-aef0-c36493080576
32000R1193
http://data.europa.eu/eli/reg/2000/1193/oj
Commission Regulation (EC) No 1193/2000 of 6 June 2000 amending Regulation (EC) No 1758/98 increasing to 4 750 000 tonnes the quantity of wheat of breadmaking quality held by the French intervention agency for which a standing invitation to tender for export has been opened
2000-06-06
eng
[ "European Commission" ]
[]
[]
[]
[ "pdf", "print" ]
[ "France", "award of contract", "cereals of bread-making quality", "common wheat", "export", "intervention agency" ]
[ "1085", "20", "5364", "5010", "946", "3170" ]
7.6.2000 EN Official Journal of the European Communities L 134/27 COMMISSION REGULATION (EC) No 1193/2000 of 6 June 2000 amending Regulation (EC) No 1758/98 increasing to 4 750 000 tonnes the quantity of wheat of breadmaking quality held by the French intervention agency for which a standing invitation to tender for export has been opened THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals (1), as last amended by Regulation (EC) No 1253/ 1999 (2), and in particular Article 5 thereof, Whereas: (1) (2) Commission Regulation (EEC) No 2131/93 (3), as last amended by Regulation (EC) No 39/1999 (4), lays down the procedures and conditions for the disposal of cereals held by the intervention agencies. for Commission Regulation (EC) No 1758/98 (5), as last amended by Regulation (EC) No 1083/2000 (6), opened a standing invitation to tender the export of 3 950 000 tonnes of wheat of breadmaking quality held by the French intervention agency. France informed the Commission of the intention of its intervention agency to increase by 800 000 tonnes the quantity for which a standing invitation to tender for export has been opened. The total quantity of wheat of breadmaking quality held by the French intervention agency for which a standing invitation to tender for export has been opened should be increased to 4 750 000 tonnes. store. Annex I to Regulation (EC) No 1758/98 must therefore be amended. (4) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals, HAS ADOPTED THIS REGULATION: Article 1 Regulation (EC) No 1758/98 is hereby amended as follows: 1. Article 2 is replaced by the following: ‘Article 2 1. The invitation to tender shall cover a maximum of 4 750 000 tonnes of wheat of breadmaking quality to be exported to all third countries. The regions in which the 4 750 000 tonnes of wheat 2. of breadmaking quality are stored are stated in Annex I to this Regulation.’ 2. Annex I is replaced by the Annex hereto. Article 2 (3) This increase in the quantity put out to tender makes it necessary to alter the list of regions and quantities in This Regulation shall enter into force on the day of its publica- tion in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 6 June 2000. For the Commission Franz FISCHLER Member of the Commission (1) OJ L 181, 1.7.1992, p. 21. (2) OJ L 160, 26.6.1999, p. 18. (3) OJ L 191, 31.7.1993, p. 76. (4) OJ L 5, 9.1.1999, p. 64. (5) OJ L 221, 8.8.1998, p. 3. (6) OJ L 122, 24.5.2000, p. 41. L 134/28 EN Official Journal of the European Communities 7.6.2000 ANNEX ‘ANNEX I Place of storage Quantity (tonnes) Amiens Bordeaux Châlons Clermont-Ferrand Dijon Lille Lyon Nancy Nantes Orléans Paris Poitiers Rennes Rouen 346 000 17 000 499 000 10 000 183 000 676 000 75 000 36 000 110 000 1 290 000 324 000 497 000 111 000 576 000’
http://publications.europa.eu/resource/cellar/47a2802a-3730-4ac5-990d-17b4652d59bd
32000R1195
http://data.europa.eu/eli/reg/2000/1195/oj
Commission Regulation (EC) No 1195/2000 of 6 June 2000 on the issuing of export licences for products processed from fruit and vegetables
2000-06-06
eng
[ "European Commission" ]
[]
[]
[]
[ "pdf", "print" ]
[ "export licence", "export refund", "nut" ]
[ "1642", "3568", "1116" ]
L 134/30 EN Official Journal of the European Communities 7.6.2000 COMMISSION REGULATION (EC) No 1195/2000 of 6 June 2000 on the issuing of export licences 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 Commission Regulation (EC) No 1429/95 of 23 June 1995 on implementing rules for export refunds on products processed from fruit and vegetables other than those granted for added sugars (1), as last amended by Regulation (EC) No 1007/97 (2), and in particular Article 4(1) thereof, Whereas: (1) (2) (3) Commission Regulation (EC) No 339/2000 (3) specifies the quantities which may be covered by applications submitted for export licences with advance fixing of the refund other than those applied for in connection with food aid. Article 4 of Regulation (EC) No 1429/95 lays down the conditions under which special measures may be taken by the Commission to prevent an overrun in the quant- ities for which export licence applications may be submitted. In view of the information available to the Commission as of today, the quantity of 405 tonnes of prepared hazelnuts in the Annex to Regulation (EC) No 339/ 2000, reduced or increased by the quantities referred to in Article 4(1) of Regulation (EC) No 1429/95, would be exceeded if licences were issued with advanced fixing of refunds without restriction in response to applications submitted since 30 May 2000. A reducing factor should accordingly be applied to the quantities applied for on 30 May 2000, and applications for export licences with advance fixing of refunds submitted subsequently with a view to such licences being issued during the current period should be rejected, HAS ADOPTED THIS REGULATION: Article 1 Export licences with advance fixing of the refund for prepared hazelnuts for which applications were submitted on 30 May 2000 pursuant to Article 1 of Regulation (EC) No 339/2000 shall be issued for 27,0 % of the quantities applied for. Applications for export licences with advance fixing of refunds for the above product submitted after 30 May 2000 and before 24 June 2000 shall be rejected. This Regulation shall enter into force on 7 June 2000. Article 2 This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 6 June 2000. For the Commission Franz FISCHLER Member of the Commission (1) OJ L 141, 24.6.1995, p. 28. (2) OJ L 144, 5.6.1997, p. 16. (3) OJ L 43, 16.2.2000, p. 14.
http://publications.europa.eu/resource/cellar/ecb185a5-13d7-427d-aeeb-d543ab25d180
32000D0371
http://data.europa.eu/eli/dec/2000/371/oj
2000/371/EC: Commission Decision of 6 June 2000 setting the date on which dispatch of fighting bulls from Portugal to France may commence by virtue of Article 3(7) of Decision 98/653/EC (notified under document number C(2000) 1563) (Text with EEA relevance)
2000-06-06
eng
[ "European Commission" ]
[]
[]
[]
[ "html", "pdf", "print" ]
[ "France", "Portugal", "animal show", "bull", "export", "originating product" ]
[ "1085", "2563", "5903", "4388", "946", "2771" ]
L 134/34 EN Official Journal of the European Communities 7.6.2000 II (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 6 June 2000 setting the date on which dispatch of fighting bulls from Portugal to France may commence by virtue of Article 3(7) of Decision 98/653/EC (notified under document number C(2000) 1563) (Text with EEA relevance) (2000/371/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), Having regard to Commission Decision 98/653/EC of 18 November 1998 concerning emergency measures made neces- sary by the occurrence of bovine spongiform encephalopathy in Portugal (3), as last amended by Decision 2000/104/EC (4), and in particular Article 3(7) thereof, Whereas: (1) the Article 3(7) of Decision 98/653/EC requires Commission to set the date on which dispatch of fighting bulls may commence, after having assessed the protocols referred to in Annex II point 13 and after having informed the Member States. (2) The protocols submitted by France have been assessed and found to be satisfactory, HAS ADOPTED THIS DECISION: Article 1 The date referred to in Article 3(7) of Decision 98/653/EC shall be 7 June 2000 for dispatch of fighting bulls to France. This Decision is addressed to the Member States. Article 2 Done at Brussels, 6 June 2000. For the Commission David BYRNE Member of the Commission (1) OJ L 224, 18.8.1990, p. 29. (2) OJ L 62, 15.3.1993, p. 49. (3) OJ L 311, 20.11.1998, p. 23. (4) OJ L 29, 4.2.2000, p. 36.
http://publications.europa.eu/resource/cellar/2a7c7417-6392-4246-b6ec-c367e0462352
92000E001894
WRITTEN QUESTION P-1894/00 by Jan Wiersma (PSE) to the Commission. Forest fires in polluted areas of Belarus and the Ukraine.
2000-06-06
eng
[ "European Parliament", "Provisional data" ]
[]
[]
[]
[ "html", "pdf", "print" ]
[ "Belarus", "EU environmental policy", "Ukraine", "fire", "forest", "health risk", "nuclear accident" ]
[ "5458", "5794", "5946", "1335", "1063", "3730", "921" ]
6.3.2001 EN Official Journal of the European Communities C 72 E/145 (2001/C 72 E/181) WRITTEN QUESTION P-1894/00 by Jan Wiersma (PSE) to the Commission (6 June 2000) Subject: Forest fires in polluted areas of Belarus and the Ukraine Is there any truth in the reports that forest fires have broken out in Belarus and the Ukraine in areas 1. polluted as a result of the Chernobyl disaster? 2. Will these fires result in greater risks for public health in the countries in question and beyond? 3. 4. Have the fires prompted action by the European Union, or will they prompt such action? In what way is the EU helping to control the risks of pollution in Belarus and the Ukraine? Answer given by Mr Patten on behalf of the Commission (3 July 2000) Several forest and peat fires broke out in Belarus and Ukraine in mid May 2000. The Commission has no information suggesting that these fires broke out as a result of the Chernobyl accident. However, some of the forests involved are contaminated, and the fires may therefore constitute a mechanism for spreading radioactivity. This issue was the subject of Commission research projects within a programme of international cooperation on the environment and health consequences of the Chernobyl accident. The investigations found that only a marginal fraction of the total inventory of radionuclides existing in contaminated forests can be suspended in the air once more following a fire. The recent fires seem to reinforce this finding, since only small increases were recorded in the levels of radiation. Regarding new initiatives to respond to this situation the Commission will keep the situation under review. It is worth recalling that the Commission has an active programme of assistance in this field, which continues to address the consequences of the accident at the Chernobyl nuclear reactor. This includes assistance to build an adequate shelter for the reactor, to improve radioactive waste management and to address the environmental aspects of the situation. A Commission funded pilot project to install radiation monitoring systems for air and river water was initiated in Ukraine and Belarus during 1995. These systems are in operation. Moreover, medical and humanitarian assistance has been provided to the inhabitants of the areas worst affected by the disaster. (2001/C 72 E/182) WRITTEN QUESTION E-1899/00 by Hans-Peter Martin (PSE) to the Commission Subject: EU assistance for the Internet website (cid:145)S(cid:252)dtirol-Online(cid:146) (16 June 2000) Is it true that, as part of the ADAPT programme, the Commission has assisted the Internet service 1. (cid:145)S(cid:252)dtirol-Online(cid:146) of the Athesia publishing house with 1 billion lire through the project sponsor D.Net? How does the Commission explain the contention that, while the official project description states 2. that the EU assistance is intended for the Internet training of 40 to 50 journalists, only 11 people are employed at (cid:145)S(cid:252)dtirol-Online(cid:146)? How has the Commission reacted to public criticism levelled in this connection at Athesia, D.Net and (cid:145)S(cid:252)dtirol-Online(cid:146), and what information can it provide on precisely how resources have been spent on this project? What overall conclusion has been reached in any evaluations so far made of this project?
http://publications.europa.eu/resource/cellar/3ffc9f40-f175-4a9f-9af7-9ddda84e76a2
32000R1194
http://data.europa.eu/eli/reg/2000/1194/oj
Commission Regulation (EC) No 1194/2000 of 6 June 2000 derogating from Regulation (EC) No 708/98 on the taking over of paddy rice by the intervention agencies and fixing the corrective amounts and the price increases and reductions to be applied, with respect to the period for delivery to the intervention agency in the 1999/2000 marketing year
2000-06-06
eng
[ "European Commission" ]
[]
[]
[]
[ "html", "pdf", "print" ]
[ "delivery", "fixing of prices", "intervention agency", "rice" ]
[ "1684", "1025", "3170", "3732" ]
7.6.2000 EN Official Journal of the European Communities L 134/29 COMMISSION REGULATION (EC) No 1194/2000 of 6 June 2000 derogating from Regulation (EC) No 708/98 on the taking over of paddy rice by the intervention agencies and fixing the corrective amounts and the price increases and reductions to be applied, with respect to the period for delivery to the intervention agency in the 1999/2000 marketing year 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 amended by Regulation (EC) No 2072/98 (2), and in particular Article 8(b) thereof, and the taking over of deliveries. For the 1999/2000 these difficulties justify a derogation marketing year, from the time limit set in the abovementioned provi- sions for delivery to the intervention agency. (3) The measures provided for in this Regulation are in the Management accordance with the opinion of Committee for Cereals, Whereas: (1) (2) The conditions for the taking over of paddy rice by the intervention agencies are laid down in Commission Regulation (EC) No 708/98 (3), as amended by Regula- tion (EC) No 691/1999 (4). Article 6(1) of that Regula- tion provides that delivery must be effected not later than the end of the second month following receipt of the offer and in any case not later than 31 August of the current marketing year. During the 1999/2000 marketing year the intervention agencies encountered difficulties in setting up a good system for the storage, checking and reception of goods. These difficulties delayed the acceptance of offers made HAS ADOPTED THIS REGULATION: Article 1 Notwithstanding Article 6(1) of Regulation (EC) No 708/98, delivery of paddy rice for taking over by the intervention agency in respect of the 1999/2000 marketing year must be effected no later than 30 September 2000. Article 2 This Regulation shall enter into force on the day of its publica- tion in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 6 June 2000. For the Commission Franz FISCHLER Member of the Commission (1) OJ L 329, 30.12.1995, p. 18. (2) OJ L 265, 30.9.1998, p. 4. (3) OJ L 98, 31.3.1998, p. 21. (4) OJ L 87, 31.3.1999, p. 8.
http://publications.europa.eu/resource/cellar/bd00fc9d-35c3-4a0b-9e5f-4c7230c58a40
92000E001908
WRITTEN QUESTION P-1908/00 by Neena Gill (PSE) to the Commission. Joint Research Centre.
2000-06-06
eng
[ "European Parliament", "Provisional data" ]
[]
[]
[]
[ "html", "pdf", "print" ]
[ "Joint Research Centre", "administration of the Institutions", "appointment of staff", "servant (EU)" ]
[ "5354", "5421", "3559", "5251" ]
20.3.2001 EN Official Journal of the European Communities C 89 E/109 Answer given by Mr Bolkestein on behalf of the Commission (28 July 2000) Under Article 8 of Council Directive 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts (1), the contracting authority must, within 15 days of the date on which the request is received, inform any eliminated candidate or tenderer who so requests of the reasons for rejection of his application or his tender, and, in the case of a tender, the name of the successful tenderer. Moreover, according to a recent judgement by the Court of Justice (2), it must be possible to make an application to have a decision awarding a contract set aside, which implies in practice an obligation on the part of the contracting authorities to inform all tenderers of this decision. The Commission does not monitor bids submitted by companies receiving Community subsidies. Instead, under Article 30 of Directive 93/37/EEC, the contracting Authority, having the power to reject tenders, must request, in writing, details of the constituent elements of the tender if, for a given contract, tenders appear to be abnormally low in relation to the works. It should also be noted that the fact of having received a subsidy that enables a firm to submit substantially lower bids than the other tenderers is not in itself contrary to Community law on public procurement or the principle of equal treatment (3). (1) OJ L 199, 9.8.1993. (2) (3) See the conclusions of Advocate-General LØger in Case C-94/99, Judgment of 28 October 1999 in Case C-81/98, Alcatel Austria and others. (cid:145)ARGE Gew(cid:228)sserschutz(cid:146), presented on 15 June 2000. (2001/C 89 E/118) WRITTEN QUESTION P-1908/00 by Neena Gill (PSE) to the Commission (6 June 2000) Subject: Joint Research Centre The author understands that in October. What arrangements have been made for the recruitment to this post? the current Director-General of the Joint Research Centre is retiring How many people employed at the Joint Research Centre are employed on three-year temporary contracts, and how many on five-year temporary contracts? What proportion of these temporary contracts are renewed? Could the Commission give an outline of its future strategy for the JRC? What measures have been implemented to ensure that the Joint Research Centre is managed more effectively? Answer given by Mr Kinnock on behalf of the Commission (25 July 2000) The current Director-General of the Joint Research Centre (JRC) is due to retire on 31 October 2000. The Commission will take the necessary steps to fill the post as soon as possible. The JRC applies the research staff policy adopted in 1996 for the whole of the Commission(cid:146)s research budget. It employs 832 temporary staff including 155 on three-year temporary contracts (not renewable), 183 on initial five-year contracts, 143 on second five-year contracts and 451 on open-ended contracts. C 89 E/110 Official Journal of the European Communities EN 20.3.2001 On the future of the JRC, a high-level panel under the chairmanship of Mr Etienne Davignon has recently reported and made recommendations on ways in which the implementation of the JRC(cid:146)s mission could be improved. The Report was made available to the ITRE Committee of the Parliament by letter of Commissioner Busquin of 4 July. The JRC has already undertaken several reforms aimed at more effective management including total quality management, transfer of management tasks to the institutes and the introduction of internal auditing. (2001/C 89 E/119) WRITTEN QUESTION E-1914/00 by Guido Podest(cid:224) (PPE-DE) to the Commission (16 June 2000) Subject: Protection of animals during slaughtering In view of the significant discomfort to which animals destined for slaughter are subject, the fact that this discomfort not only causes pointless suffering to the animals themselves, but may be detrimental to the quality of the product obtained from slaughter, the repercussions of this discomfort in terms of consumer protection principles, and, finally, the current conditions under which live animals are imported into the Member States of the European Union by exporting countries, which are in fact countries involved in the accession process, Can the Commission say: 1. what practical measures are planned, with regard to the importation of animals for slaughter into the European Union, concerning the implementation of the objective, which Parliament has set out in numerous resolutions, of slaughtering being carried out in the place of rearing or as near to it as possible, 2. whether the current slaughtering conditions in the countries involved in the accession process which export to the European Union comply with Community objectives concerning respect for animals and consumer protection, 3. whether the Commission is now or will in the near future be prepared to provide financial aid for: (cid:129) the improvement of structures, the environment and machinery in slaughterhouses in these countries, (cid:129) training courses on the protection of animals for slaughterers in these countries and for veterinary officials responsible for checking that slaughterers carry out their duties in compliance with these instructions? Answer given by Mr Byrne on behalf of the Commission (28 July 2000) The Commission(cid:146)s responsibilities towards animal protection have increased under the recent protocol to the EC Treaty, which requires the European institutions and Member States to consider animal welfare a priority when drawing up agriculture, transport, single market and research policies. Community legislation is drawn up on the basis of the results of scientific research and practical knowledge, both of which indicate that animal transport is feasible if specific animal protection conditions are met. In relation to the transport of animals imported into the Community, the Commission believes that the most effective way to achieve a widespread improvement in animal welfare standards is to work towards an international consensus on this issue.
http://publications.europa.eu/resource/cellar/4e793b5d-72d1-40d0-9eeb-89bc26ae107b
32000R1196
http://data.europa.eu/eli/reg/2000/1196/oj
Commission Regulation (EC) No 1196/2000 of 6 June 2000 amending the import duties in the cereals sector
2000-06-06
eng
[ "European Commission" ]
[]
[]
[]
[ "pdf", "print" ]
[ "CCT duties", "United States", "cereals", "stock-exchange listing" ]
[ "4080", "888", "5360", "248" ]
7.6.2000 EN Official Journal of the European Communities L 134/31 COMMISSION REGULATION (EC) No 1196/2000 of 6 June 2000 amending the import duties in the cereals sector THE COMMISSION OF THE EUROPEAN COMMUNITIES, (2) Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals (1), as last amended by Regulation (EC) No 1253/ 1999 (2), Having regard to Commission Regulation (EC) No 1249/96 of 28 June 1996 laying down detailed rules for the application of Council Regulation (EEC) No 1766/92 as regards import duties in the cereals sector (3), as last amended by Regulation (EC) No 2519/98 (4), and in particular Article 2(1) thereof, Whereas: Article 2(1) of Regulation (EC) No 1249/96 provides that if during the period of application, the average import duty calculated differs by EUR 5 per tonne from the duty fixed, a corresponding adjustment is to be made. Such a difference has arisen. It is therefore neces- sary to adjust the import duties fixed in Regulation (EC) No 1168/2000, HAS ADOPTED THIS REGULATION: Article 1 Annexes I and II to Regulation (EC) No 1168/2000 are hereby replaced by Annexes I and II to this Regulation. (1) The import duties in the cereals sector are fixed by Commission Regulation (EC) No 1168/2000 (5), as amended by Regulation (EC) No 1189/2000 (6). Article 2 This Regulation shall enter into force on 7 June 2000. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 6 June 2000. For the Commission Franz FISCHLER Member of the Commission (1) OJ L 181, 1.7.1992, p. 21. (2) OJ L 160, 26.6.1999, p. 18. (3) OJ L 161, 29.6.1996, p. 125. (4) OJ L 315, 25.11.1998, p. 7. (5) OJ L 131, 1.6.2000, p. 14. (6) OJ L 133, 6.6.2000, p. 23. L 134/32 EN Official Journal of the European Communities 7.6.2000 Import duties for the products covered by Article 10(2) of Regulation (EEC) No 1766/92 ANNEX I CN code Description 1001 10 00 Durum wheat high quality medium quality (1) 1001 90 91 Common wheat seed 1001 90 99 Common high quality wheat other than for sowing (3) medium quality low quality 1002 00 00 Rye 1003 00 10 Barley, seed 1003 00 90 Barley, other (3) 1005 10 90 Maize seed other than hybrid 1005 90 00 Maize other than seed (3) 1007 00 90 Grain sorghum other than hybrids for sowing Import duty by land inland waterway or sea from Mediterra- nean, the Black Sea or Baltic Sea ports (EUR/tonne) Import duty by air or by sea from other ports (2) (EUR/tonne) 6,24 16,24 24,70 24,70 62,98 77,18 74,25 74,25 74,25 82,21 82,21 74,25 0,00 6,24 14,70 14,70 52,98 67,18 64,25 64,25 64,25 72,21 72,21 64,25 (1) In the case of durum wheat not meeting the minimum quality requirements for durum wheat of medium quality, referred to in Annex I to Regulation (EC) No 1249/96, the duty applicable is that fixed for low-quality common wheat. (2) For goods arriving in the Community via the Atlantic Ocean or via the Suez Canal (Article 2(4) of Regulation (EC) No 1249/96), the importer may benefit from a reduction in the duty of: — EUR 3 per tonne, where the port of unloading is on the Mediterranean Sea, or — EUR 2 per tonne, where the port of unloading is in Ireland, the United Kingdom, Denmark, Sweden, Finland or the Atlantic Coasts of the Iberian Peninsula. (3) The importer may benefit from a flat-rate reduction of EUR 14 or 8 per tonne, where the conditions laid down in Article 2(5) of Regulation (EC) No 1249/96 are met. 7.6.2000 EN Official Journal of the European Communities L 134/33 ANNEX II Factors for calculating duties (period from 31 May 2000 to 5 June 2000) 1. Averages over the two-week period preceding the day of fixing: Exchange quotations Minneapolis Kansas-City Chicago Chicago Minneapolis Minneapolis Minneapolis Product (% proteins at 12 % humidity) HRS2. 14 % HRW2. 11,5 % SRW2 YC3 HAD2 Medium quality (*) US barley 2 Quotation (EUR/t) 128,55 117,60 107,30 95,67 171,17 (**) 161,17 (**) 103,72 (**) Gulf premium (EUR/t) — 6,02 2,07 8,66 Great Lakes premium (EUR/t) 24,71 — — — — — — — — — (*) A discount of 10 EUR/t (Article 4(1) of Regulation (EC) No 1249/96). (**) Fob Great Lakes. 2. Freight/cost: Gulf of Mexico — Rotterdam: 19,04 EUR/t; Great Lakes — Rotterdam: 27,63 EUR/t. 3. Subsidy within the meaning of the third paragraph of Article 4(2) of Regulation (EC) No 1249/96: 0,00 EUR/t (HRW2) 0,00 EUR/t (SRW2).
http://publications.europa.eu/resource/cellar/fbe77691-c562-439e-9bfe-aaedea5ce264
32000D0372
http://data.europa.eu/eli/dec/2000/372/oj
2000/372/EC: Commission Decision of 6 June 2000 setting the date on which dispatch of fighting bulls from Portugal to Spain may commence by virtue of Article 3(7) of Decision 98/653/EC (notified under document number C(2000) 1564) (Text with EEA relevance)
2000-06-06
eng
[ "European Commission" ]
[]
[]
[]
[ "html", "pdf", "print" ]
[ "Portugal", "Spain", "animal show", "bull", "export", "originating product" ]
[ "2563", "863", "5903", "4388", "946", "2771" ]
7.6.2000 EN Official Journal of the European Communities L 134/35 COMMISSION DECISION of 6 June 2000 setting the date on which dispatch of fighting bulls from Portugal to Spain may commence by virtue of Article 3(7) of Decision 98/653/EC (notified under document number C(2000) 1564) (Text with EEA relevance) (2000/372/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), Having regard to Commission Decision 98/653/EC of 18 November 1998 concerning emergency measures made neces- sary by the occurrence of bovine spongiform encephalopathy in Portugal (3), as last amended by Decision 2000/104/EC (4), and in particular Article 3(7) thereof, Whereas: (1) the Article 3(7) of Decision 98/653/EC requires Commission to set the date on which dispatch of fighting bulls may commence, after having assessed the protocols referred to in Annex II point 13 and after having informed the Member States. (2) The protocols submitted by Spain have been assessed and found to be satisfactory, HAS ADOPTED THIS DECISION: Article 1 The date referred to in Article 3(7) of Decision 98/653/EC shall be 7 June 2000 for dispatch of fighting bulls to Spain. This Decision is addressed to the Member States. Article 2 Done at Brussels, 6 June 2000. For the Commission David BYRNE Member of the Commission (1) OJ L 224, 18.8.1990, p. 29. (2) OJ L 62, 15.3.1993, p. 49. (3) OJ L 311, 20.11.1998, p. 23. (4) OJ L 29, 4.2.2000, p. 36.
http://publications.europa.eu/resource/cellar/17da100e-6500-4af9-9d8e-e9cb4c88f3ac
52000PC0340
Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 2027/97 on air carrier liability in the event of accidents
2000-06-06
eng
[ "European Commission" ]
[]
[]
[]
[ "html", "pdf", "print" ]
[ "air transport", "carrier", "indemnification", "transport accident", "traveller" ]
[ "4505", "4542", "1339", "730", "5956" ]
C 337 E/68 EN Official Journal of the European Communities 28.11.2000 Proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 2027/97 on air carrier liability in the event of accidents (2000/C 337 E/08) (Text with EEA relevance) COM(2000) 340 final (cid:15) 2000/0145(COD) (Submitted by the Commission on 7 June 2000) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 80(2) thereof, Having regard to the proposal from the Commission, Having regard to the opinion of Committee, the Economic and Social Having regard to the opinion of the Committee of the Regions, Acting in accordance with the procedure laid down in Article 251 of the Treaty, Whereas: (6) In the internal aviation market, the distinction between national and international transport has been eliminated and it is therefore appropriate to have the same level and liability in both international and national nature of transport within the European Community. (7) In compliance with the principle of subsidiarity, action at Community level is desirable in order to create a single set of rules for all Community air carriers. (8) A system of unlimited liability in case of death or injury to passengers is appropriate in the context of a safe and modern air transport system. (9) Uniform liability limits loss of, damage to or for destruction of baggage and for damage occasioned by delay, which apply to all travel on Community carriers, will ensure simple rules for both passengers and airlines and enable passengers to recognise when additional insurance is necessary. (1) In the framework of the common transport policy, it is desirable to ensure a proper level of compensation for passengers involved in air accidents. (10) It would be impractical for Community air carriers and they were to apply confusing for their passengers if different liability regimes on different routes across their networks. (2) A new Convention for the Unification of Certain Rules Relating to International Carriage by Air was agreed at Montreal on 28 May 1999 setting new global rules on liability in the event of accidents for international air transport replacing those in the Warsaw Convention of 1929 and its subsequent amendments. (3) The aforementioned Montreal Convention provides for a regime of unlimited liability in the case of death or injury of air passengers. (4) The Community has signed the Montreal Convention indi- cating its intention to become a party to the agreement. (11) is desirable to relieve accident victims and their in the It dependants of period immediately after an accident. short-term financial concerns (12) Article 50 of the Montreal Convention requires parties to ensure that air carriers are adequately insured and it is necessary to take account of Article 7 of Council Regu- lation (EEC) No 2407/92 of 23 July 1992 on licensing of air carriers (2) in complying with this provision. (13) The applicable rules on liability in the event of an accident should be included in every airlines’ conditions of carriage and it is appropriate to make this information easily available to passengers. (5) It is necessary to amend Council Regulation (EC) 2027/97 on air carrier liability in the event of accidents (1) in order the Montreal to align it with the provisions of Convention, thereby creating a uniform system of liability for international air transport. (14) It is desirable to provide basic information on the liability rules applicable to every passenger so that they can make additional insurance arrangements in advance of travel if necessary. (1) OJ L 285, 17.10.1997, p. 1. (2) OJ L 240, 24.8.1992, p. 1. 28.11.2000 EN Official Journal of the European Communities C 337 E/69 (15) It will be necessary to review the monetary amounts set down in this Regulation in order to take account of inflation and any review of the liability limits in the Montreal Convention, HAVE ADOPTED THIS REGULATION: Article 1 Regulation (EC) No 2027/97 is hereby amended as follows: 1. The Title shall be replaced by the following: @Regulation (EC) No 2027/97 on air carrier liabilityA. Convention done at Guadalajara on 18 September 1961;A (iv) The following point (g) shall be inserted: @(g) BMontreal ConventionC shall mean the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Montreal on 28 May 1999.A (v) Paragraph 2 shall be replaced by the following: @2. Concepts contained in this Regulation which are not defined in paragraph 1 shall be equivalent to those used in the Montreal Convention.A 2. Article 1 shall be replaced by the following: 4. Article 3 shall be replaced by the following: @Article 1 @Article 3 This Regulation lays 1. down the obligations of Community air carriers in relation to liability for damage sustained in case of death or bodily injury of a passenger where the accident, which caused the death or injury, took place on board the aircraft or in the course of any of the operations of embarking or disembarking. the This Regulation extends certain provisions of 2. Montreal Convention for the Unification of Certain Rules for International Carriage by Air to cover all carriage of persons and their baggage performed by Community air including carriage between points carriers within a single Member State. It applies equally to all gratuitous carriage by aircraft of persons and baggage performed by Community air carriers.A reward, for 3. Article 2 shall be amended as follows: (i) Point (c) shall be replaced by the following: @(c) Bperson entitled to compensationC shall mean a passenger or any natural person entitled to claim in accordance with in respect of that passenger, applicable law;A (ii) Point (d) shall be deleted. (iii) Point (f) shall be replaced by the following: @(f) BWarsaw ConventionC shall mean the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw on 12 October 1929, or the Warsaw Convention as amended at the Hague on 28 September 1955 and the Convention supplementary to the Warsaw 1. The liability of a Community air carrier for damage sustained in case of death or bodily injury of a passenger shall be governed by the provisions set out in Articles 17, 20 and 21 of the Montreal Convention. 2. The obligation of insurance set out in Article 7 of Regulation (EEC) No 2407/92 shall be understood as requiring that a Community carrier shall be insured up to a level that is adequate to ensure that all natural persons entitled to compensation receive the full amount to which they are entitled in accordance with this Regulation.A 5. The following Article 3a shall be inserted: @Article 3a 1. The liability of a Community air carrier for damage caused by delay and in the case of destruction, loss, damage or delay in the carriage of baggage shall be governed by the provisions set out in Articles 19, 20, 22(1), (2), (5) and (6) and 31 of the Montreal Convention. The supplementary sum which, in accordance with 2. Article 22(2) of the Montreal Convention, may be demanded by a Community carrier when a passenger makes a special declaration of interest in delivery of their baggage at destination, shall be based on a tariff which is related to the additional costs involved in transporting and insuring the baggage concerned over and above those for baggage valued at or below the liability limit. The tariff shall be made available to passengers on request. 3. Within fourteen days of receiving a complaint made in relation to the provisions of this Article, a Community air carrier the shall notify the passenger concerned, complaint has been received and is being assessed.A that C 337 E/70 EN Official Journal of the European Communities 28.11.2000 6. Article 4 shall be replaced by the following: @Article 4 Nothing in this Regulation shall: E imply that a Community air carrier is the sole party liable to pay damages. E prejudice the question whether a person liable for damage in accordance with its provisions has a right of recourse against any other person.A 7. Article 5(2) shall be replaced by the following: @2. Without prejudice an advance payment shall not be less than the equivalent in Euro of 16 000 Special Drawing Rights per passenger in the event of death.A to paragraph 1, E the applicable limit for flight on the carrier’s that liability in respect of destruction, loss of or damage to baggage and a warning that baggage greater in value than this figure should be brought to the airline’s attention at check-in or fully insured by the passenger prior to travel; E the applicable limit for that flight on the carrier’s liability for damage occasioned by delay. 4. In the case of all carriage performed by Community carriers, the limits indicated in the written notice shall be those established by this Regulation. 5. Non-compliance with the provisions of paragraph 3 shall not affect the existence or the validity of the contract of carriage, which shall, nonetheless, be subject to the rules of this Regulation.A 8. Article 6 shall be replaced by the following: 9. Article 7 shall be replaced by the following: @Article 6 @Article 7 The provisions contained in Articles 3, 3a and 5 shall 1. be reflected in the Community air carrier’s conditions of carriage. 2. Air carriers shall ensure that adequate information on the provisions contained in Articles 3, 3a and 5 is, on request, made available to passengers at the Community air carrier’s agencies, travel agencies and check-in counters and at points of sale. 3. In addition to the information requirements set out in the Warsaw and Montreal Conventions, carriers shall give all consumers in the Community who purchase air transport services a written notice explaining in simple and easily understood terms: E the applicable limit for that liability in respect of death or injury, exists; flight on the carrier’s if such a limit No later than six years after the entry into force of this Regulation, the Commission shall draw up a report on the application of the Regulation. In particular, the Commission shall examine the need to revise the amounts mentioned in the relevant Articles of the Montreal Convention in the light of economic developments.A Article 2 This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Communities. It shall apply from the date of its entry into force or from the date of entry into force of the Montreal Convention, whatever is the latest. This Regulation shall be binding in its entirety and directly applicable in all Member States.
http://publications.europa.eu/resource/cellar/1a91f9fc-f1d6-440f-ba73-c50e5f7a7027
52000PC0289
Proposal for a Council Decision amending Decision 2000/24/EC so as to extend the Community guarantee granted to the European Investment Bank to cover loans for projects in Croatia
2000-06-06
eng
[ "European Commission" ]
[]
[]
[]
[ "html", "pdf", "print" ]
[ "Croatia", "EIB loan", "credit guarantee", "economic cooperation" ]
[ "5563", "2607", "1130", "209" ]
31.10.2000 EN Official Journal of the European Communities C 311 E/329 Proposal for a Council Decision amending Decision 2000/24/EC so as to extend the Community guarantee granted to the European Investment Bank to cover loans for projects in Croatia (2000/C 311 E/24) COM(2000) 289 final (cid:151) 2000/0122(CNS) (Submitted by the Commission on 6 June 2000) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 308 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament, Whereas: (1) On 6 March 1995, the General Affairs Council adopted negotiation directives for the conclusion of an economic and trade agreement including a financial protocol with Croatia. The financial protocol consisted of a special EUR 230 million European Investment Bank (EIB) loan facility for Croatia covering a five-year period. On 4 August 1995, the Council announced the suspension of the negotiations with Croatia on the economic and trade agreement due to the start of military operations in Krajina. the presidency of (2) Recent developments, following the results of the parlia- mentary and the presidential elections in early 2000, have fundamentally changed the political scenario in Croatia. The new Croatian government is fully committed to reform a implementing programme in line with the conditions of the European Union Stabilisation and Association process the countries of South-Eastern Europe. economic political and for (3) The General Affairs Council of 24 January 2000 adopted a specific statement on Croatia and re-iterated its readiness to help Croatia meeting the challenges in developing a closer relationship with the European Union. faces it (4) On 14 February 2000 the General Affairs Council invited the Commission to prepare a report on the feasibility of opening negotiations for a Stabilisation and Association Agreement with Croatia. The Commission intends to adopt such a feasibility report by June 2000. reform programme (5) It is crucial to demonstrate the European Union’s support to Croatia at this moment in implementing a political and economic the elections of early 2000 in line with the European Union Stabilisation and Association process, by supporting Croatia’s and activities private sector development. in infrastructure investment elaborated after (6) It is therefore appropriate to provide a guarantee mandate to the EIB to allow it to sign loan operations in Croatia. The EIB has indicated its ability and willingness to extend loans from its own resources in Croatia, in accordance with its Statute. (7) On 31 October 1994 Council adopted Regulation (EC, Euratom) No 2728/94 establishing a Guarantee Fund for external actions (1), amended by Regulation (EC, Euratom) No 1149/1999 (2). (8) Council Decision 2000/24/EC (3) grants the EIB a Community guarantee against for loans projects outside the Community (Central and Eastern Europe, Mediterranean countries, Latin America and Asia and the Republic of South Africa). losses under (9) That global guarantee covering the general EIB external lending mandate laid down in Decision 2000/24/EC should be extended to Croatia. The loan ceilings should be increased in order to allow for the extension of corre- sponding loan facilities to Croatia. Decision 2000/24/EC should therefore be amended accordingly. (10) The Treaty does not provide, for the adoption of this Decision, powers other than those under Article 308, HAS DECIDED AS FOLLOWS: Article 1 Article 1 of Decision 2000/24/EC is hereby amended as follows: 1. The second sentence of the second subparagraph of paragraph 1 shall be amended as follows: (a) in the introductory part, (cid:145)EUR 18 410 million(cid:146) shall be replaced by (cid:145)EUR 18 660 million(cid:146); (b) in the first indent (cid:145)EUR 8 680 million(cid:146) shall be replaced by (cid:145)EUR 8 930 million(cid:146). 2. In the first indent of paragraph 2, (cid:145)Croatia(cid:146) shall be inserted after (cid:145)Bulgaria(cid:146). Article 2 This Decision shall take effect on the day of its publication in the Official Journal of the European Communities. (1) OJ L 293, 12.11.1994, p. 1. (2) OJ L 139, 2.6.1999, p. 1. (3) OJ L 9, 13.1.2000, p. 24.
http://publications.europa.eu/resource/cellar/591075cb-333a-42b0-95cd-60f787f20286
32000R1192
http://data.europa.eu/eli/reg/2000/1192/oj
Commission Regulation (EC) No 1192/2000 of 6 June 2000 amending Regulation (EC) No 2198/98 increasing to 6 550 051 tonnes the quantity of barley held by the German intervention agency for which a standing invitation to tender for export has been opened
2000-06-06
eng
[ "European Commission" ]
[]
[]
[]
[ "pdf", "print" ]
[ "Germany", "award of contract", "barley", "export", "export licence", "intervention agency" ]
[ "1318", "20", "2193", "946", "1642", "3170" ]
7.6.2000 EN Official Journal of the European Communities L 134/25 COMMISSION REGULATION (EC) No 1192/2000 of 6 June 2000 amending Regulation (EC) No 2198/98 increasing to 6 550 051 tonnes the quantity of barley held by the German intervention agency for which a standing invitation to tender for export has been opened THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals (1), as last amended by Regulation (EC) No 1253/ 1999 (2), and in particular Article 5 thereof, Whereas: (1) (2) Commission Regulation (EEC) No 2131/93 (3), as last amended by Regulation (EC) No 39/1999 (4), lays down the procedures and conditions for the disposal of cereals held by the intervention agencies. for Commission Regulation (EC) No 2198/98 (5), as last amended by Regulation (EC) No 1121/2000 (6), opened a standing invitation to tender the export of 6 050 123 tonnes of barley held by the German inter- vention agency. Germany informed the Commission of the intention of its intervention agency to increase by 499 928 tonnes the quantity for which a standing invi- tation to tender for export has been opened. The total quantity of barley held by the German intervention agency for which a standing invitation to tender for export has been opened should be increased to 6 550 051 tonnes. store. Annex I to Regulation (EC) No 2198/98 must therefore be amended. (4) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals, HAS ADOPTED THIS REGULATION: Article 1 Regulation (EC) No 2198/98 is hereby amended as follows: 1. Article 2 is replaced by the following: ‘Article 2 1. The invitation to tender shall cover a maximum of 6 550 051 tonnes of barley for export to third countries, with the exception of the United States of America, Canada and Mexico. The regions in which the 6 550 051 tonnes of barley 2. are stored are stated in Annex I to this Regulation.’ 2. Annex I is replaced by the Annex hereto. Article 2 (3) This increase in the quantity put out to tender makes it necessary to alter the list of regions and quantities in This Regulation shall enter into force on the day of its publica- tion in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 6 June 2000. For the Commission Franz FISCHLER Member of the Commission (1) OJ L 181, 1.7.1992, p. 21. (2) OJ L 160, 26.6.1999, p. 18. (3) OJ L 191, 31.7.1993, p. 76. (4) OJ L 5, 9.1.1999, p. 64. (5) OJ L 277, 14.10.1998, p. 9. (6) OJ L 127, 27.5.2000, p. 5. L 134/26 EN Official Journal of the European Communities 7.6.2000 ANNEX ‘ANNEX I Place of storage Quantity (tonnes) Schleswig-Holstein/Hamburg/Niedersachsen/ Bremen/Nordrhein-Westfalen Hessen/Rheinland-Pfalz/Baden-Württemberg/ Saarland/Bayern Berlin/Brandenburg/Mecklenburg-Vorpommern Sachsen/Sachsen-Anhalt/Thüringen 2 082 846 420 465 1 816 864 2 229 876’
http://publications.europa.eu/resource/cellar/41dc2990-5f92-4638-90ad-c565b763be97
92000E001905
WRITTEN QUESTION P-1905/00 by Michael Cashman (PSE) to the Commission. Marriage contracts.
2000-06-06
eng
[ "European Parliament", "Provisional data" ]
[]
[]
[]
[ "html", "pdf", "print" ]
[ "area of freedom, security and justice", "matrimonial law" ]
[ "6222", "570" ]
C 72 E/146 Official Journal of the European Communities EN 6.3.2001 3. What does the Commission think of the accusation that (cid:145)S(cid:252)dtirol-Online(cid:146) has for some time tolerated extreme right-wing chat fora on its website? Given these criticisms, how can EU assistance for this Internet service be justified? Answer given by Mrs Diamantopoulou on behalf of the Commission (27 July 2000) The issue raised by the Honourable Member relates to the management of projects cofinanced by the European Social Fund (ESF) under the various Community Initiatives. In accordance with Community rules and in line with the principle of subsidiarity, management of these projects falls within the competence of the Member States. Having contacted the Member State, is LIT 982 900 000, of which a sum of 442 000 000 is cofinanced by the ESF, 147 435 000 by the national budget (fondo di rotazione), and LIT 393 160 000 provided by the private sector. The amount of the advance already paid by the ESF is LIT 73 000 000. the Commission can confirm that the project(cid:146)s budget The Commission has asked the national authorities to check on the entire project. In accordance with the partnership principle, no further advance payments will be made. (2001/C 72 E/183) WRITTEN QUESTION P-1905/00 by Michael Cashman (PSE) to the Commission (6 June 2000) Subject: Marriage contracts Can the Commission confirm that marriage contracts validated and signed under one Member State(cid:146)s laws are not valid in the courts of another? Can the Commission give the European Parliament an assurance that it will introduce steps to provide legal protection to citizens in such situations? Answer given by Mr Vitorino on behalf of the Commission (5 July 2000) The Honourable Member has asked the Commission to confirm that marriage contracts validated and signed under the law of one Member State are not valid before the courts of another Member State. The Commission would inform the Honourable Member that at the moment there are no Community rules applicable to marriage contracts and matrimonial property arrangements. The Brussels and Rome Conventions on Jurisdiction and the Law Applicable to Contractual Obligations in Civil and Commercial Matters exclude matrimonial property arrangements from their scope. Similarly, the regulation on jurisdiction and the recognition and enforcement of judgments in matrimonial matters excludes marriage contracts and matrimonial property arrangements. However, the Commission communication proposing a scoreboard to review progress on the creation of an area (cid:145)of freedom, security and justice(cid:146) (1), provides for the drawing up by April 2004 of a preliminary study on jurisdiction and applicable law, for matrimonial property arrangements. It follows then that the validity of marriage contracts concluded in another Member State is currently governed by the national rules, notably under private international law, of each Member State. 6.3.2001 EN Official Journal of the European Communities C 72 E/147 the Commission would point out that there is a Convention on the Law Applicable to Moreover, Matrimonial Property Regimes concluded under the aegis of the Hague Conference on Private International Law, but it has been ratified by only three Member States, France, Luxembourg and the Netherlands. (1) COM(2000) 167 final. (2001/C 72 E/184) WRITTEN QUESTION P-1907/00 by Chris Davies (ELDR) to the Commission (6 June 2000) Subject: Beal Valley Contract: public procurement The Beal Valley Action Group first made contact with the Commission in April 1999 regarding the alleged failure of Oldham Council to advertise the (cid:145)Beal Valley(cid:146) golf course project according to EC rules on public procurement. On 3 September 1999 the Action Group received a response from the Directorate-General for Competi- tion requesting further information regarding the case. On 30 September 1999, copies of correspondence between the Beal Valley Action Group and the Commission were hand delivered to the Directorate-General for Competition together with extracts from the advice on the case from the Queen(cid:146)s Counsel and Barrister (dated May 1998). A letter was received from John Mogg, Director-General of the Directorate-General for Competition, on 26 October requesting further information about the contract value of the works in question. On 25 January, a letter was sent by myself to Mr Mogg asking exactly what additional information was required. On 7 February, the Beal Valley Action Group(cid:146)s (cid:145)Financial Report to the European Commission(cid:146) was hand delivered to the Directorate-General for Competition. Further contract by telephone with officials at this Directorate-General has revealed that the Commission still considers that more proof is needed to substantiate the claims made by the Beal Valley Action Group against Oldham Council. However, the Commission has so far been unable to clarify exactly what additional information is required. Exactly what evidence does the Commission require as proof that a local authority has not properly advertised a contract, given that the same local authority is thereafter likely to seek to disguise this fact from the Commission? How many actions for failure to properly advertise contracts are currently being pursued? Finally, when will the Beal Valley Action Group get a full and comprehensive response to the submission to the Commission? Answer given by Mr Bolkestein on behalf of the Commission (4 July 2000) The first issue that needs to be tackled with respect to the (cid:145)Beal Valley(cid:146) project concerns the rules applicable to this case. If the estimated value of the contract is over the threshold and a public works contract, in the sense of Council Directive 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts (1), has been concluded, then the detailed provisions of the directive would be applicable to this case. If it is a public works contract under the threshold the relevant provisions would be the general rules and principles regarding Community law.
http://publications.europa.eu/resource/cellar/d8216611-e8a1-4c62-9a1c-1cf8765e351e
92000E001907
WRITTEN QUESTION P-1907/00 by Chris Davies (ELDR) to the Commission. Beal Valley Contract: public procurement.
2000-06-06
eng
[ "European Parliament", "Provisional data" ]
[]
[]
[]
[ "html", "pdf", "print" ]
[ "North West (England)", "United Kingdom", "access to information", "competence of the Member States", "infringement of EU law", "sports facilities", "works contract" ]
[ "3397", "3774", "453", "40", "5953", "853", "1798" ]
6.3.2001 EN Official Journal of the European Communities C 72 E/147 the Commission would point out that there is a Convention on the Law Applicable to Moreover, Matrimonial Property Regimes concluded under the aegis of the Hague Conference on Private International Law, but it has been ratified by only three Member States, France, Luxembourg and the Netherlands. (1) COM(2000) 167 final. (2001/C 72 E/184) WRITTEN QUESTION P-1907/00 by Chris Davies (ELDR) to the Commission (6 June 2000) Subject: Beal Valley Contract: public procurement The Beal Valley Action Group first made contact with the Commission in April 1999 regarding the alleged failure of Oldham Council to advertise the (cid:145)Beal Valley(cid:146) golf course project according to EC rules on public procurement. On 3 September 1999 the Action Group received a response from the Directorate-General for Competi- tion requesting further information regarding the case. On 30 September 1999, copies of correspondence between the Beal Valley Action Group and the Commission were hand delivered to the Directorate-General for Competition together with extracts from the advice on the case from the Queen(cid:146)s Counsel and Barrister (dated May 1998). A letter was received from John Mogg, Director-General of the Directorate-General for Competition, on 26 October requesting further information about the contract value of the works in question. On 25 January, a letter was sent by myself to Mr Mogg asking exactly what additional information was required. On 7 February, the Beal Valley Action Group(cid:146)s (cid:145)Financial Report to the European Commission(cid:146) was hand delivered to the Directorate-General for Competition. Further contract by telephone with officials at this Directorate-General has revealed that the Commission still considers that more proof is needed to substantiate the claims made by the Beal Valley Action Group against Oldham Council. However, the Commission has so far been unable to clarify exactly what additional information is required. Exactly what evidence does the Commission require as proof that a local authority has not properly advertised a contract, given that the same local authority is thereafter likely to seek to disguise this fact from the Commission? How many actions for failure to properly advertise contracts are currently being pursued? Finally, when will the Beal Valley Action Group get a full and comprehensive response to the submission to the Commission? Answer given by Mr Bolkestein on behalf of the Commission (4 July 2000) The first issue that needs to be tackled with respect to the (cid:145)Beal Valley(cid:146) project concerns the rules applicable to this case. If the estimated value of the contract is over the threshold and a public works contract, in the sense of Council Directive 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts (1), has been concluded, then the detailed provisions of the directive would be applicable to this case. If it is a public works contract under the threshold the relevant provisions would be the general rules and principles regarding Community law. C 72 E/148 Official Journal of the European Communities EN 6.3.2001 Two letters were sent to the complainant, namely on 3 September 1999 and 5 October 1999, in order to tackle this first issue. The complainant replied to the first letter on 23 September 1999. The information included in this reply did not bring forward any new elements that would permit further analysis. Therefore, a second letter was addressed to the complainant, asking for further information about the contract value of the works in question and in particular the method used to arrive at any contract valuation. The complainant sent two replies to the above mentioned second letter. The first reply, dated 29 October 1999, basically consisted of a repetition of the information that had been originally sent. The second reply, dated 7 February 2000, includes new information which is currently under analysis. It would appear from the documents contained in this second reply that a service concession, as that concept is clarified and defined in the Commission interpretative communication on concessions (2) may be involved. As regards the question concerning the evidence required to examine the alleged infringements, the Commission needs substantiated information showing that an infringement of the public procurement rules has taken place. Otherwise, information would be needed in order to have sufficient foundation to address specific issues to the Member State. factual Finally, with respect to current actions for failure to properly advertise contracts, there are currently about 228 public procurement infringement cases open, including some involving failure to advertise in the Official journal. If, as a result of the analysis of the documentation, Community law, the Commission will adopt the necessary measures. it appears there has been an infringement of (1) OJ L 199, 9.8.1993. (2) OJ C 121, 29.4.2000. (2001/C 72 E/185) WRITTEN QUESTION E-1911/00 by Christine De Veyrac (PPE-DE) to the Commission (16 June 2000) Subject: Grants for exchanges I receive numerous letters complaining at the meagreness of the grants allocated under the Erasmus section of the Socrates programme. In order to remedy this problem, could the Commission consider the possibility of setting up, for example, a European Foundation by means of a public-private partnership, with a view to encouraging young people(cid:146)s mobility in the European Union? Answer given by Mrs Reding on behalf of the Commission (25 July 2000) Every year the demand for student mobility under Erasmus rises sharply, while the budget available for mobility grants increases only slightly. The Commission is aware of the repercussions of this imbalance in terms of the level of Erasmus grants and the frustration this can cause. Together with the various interested parties (Socrates/Erasmus national agencies, representatives of the academic world, student associations), it is looking for possible solutions to the problem. The Honourable Member(cid:146)s attention is drawn to the fact that the purpose of Erasmus grants is not to cover all the costs incurred by students during the period spent abroad, but to help offset the additional costs resulting from their being abroad. Financial assistance from sources other than the Community budget is therefore essential, and many countries participating in the Erasmus mobility scheme offer students additional (national, regional or private) funding. This is clear from the survey on the socio-economic background of Erasmus students, the results of which were forwarded to Parliament on 18 January 2000 (1) and are currently being examined by the Committee on Culture, Youth, Education, the Media and Sport.
http://publications.europa.eu/resource/cellar/860991bd-176b-4d97-8b8f-29602566c705
32000R1201
http://data.europa.eu/eli/reg/2000/1201/oj
Commission Regulation (EC) No 1201/2000 of 6 June 2000 establishing unit values for the determination of the customs value of certain perishable goods
2000-06-06
eng
[ "European Commission" ]
[]
[]
[]
[ "html", "pdf", "print" ]
[ "customs valuation", "fresh fruit", "fresh vegetable" ]
[ "4645", "1119", "1608" ]
L 135/8 EN Official Journal of the European Communities 8.6.2000 COMMISSION REGULATION (EC) No 1201/2000 of 6 June 2000 establishing unit values for the determination of the customs value of certain perishable goods THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, (2) Having regard to Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (1), as last amended by Regulation (EC) No 955/1999 of the Euro- pean Parliament and of the Council (2), Having regard to Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (3), as last amended by Regulation (EC) No 1662/1999 (4), and in particular Article 173 (1) thereof, Whereas: unit values for the products referred to in the classi- fication in Annex 26 to that Regulation. The result of applying the rules and criteria laid down in the abovementioned Articles to the elements communi- cated to the Commission in accordance with Article 173 (2) of Regulation (EEC) No 2454/93 is that unit values set out in the Annex to this Regulation should be estab- lished in regard to the products in question, HAS ADOPTED THIS REGULATION: Article 1 The unit values provided for in Article 173 (1) of Regulation (EEC) No 2454/93 are hereby established as set out in the table in the Annex hereto. (1) Articles 173 to 177 of Regulation (EEC) No 2454/93 provide that the Commission shall periodically establish This Regulation shall enter into force on 9 June 2000. Article 2 This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 6 June 2000. For the Commission Erkki LIIKANEN Member of the Commission (1) OJ L 302, 19.10.1992, p. 1. (2) OJ L 119, 7.5.1999, p. 1. (3) OJ L 253, 11.10.1993, p. 1. (4) OJ L 197, 29.7.1999, p. 25. 8.6.2000 EN Official Journal of the European Communities L 135/9 ANNEX Description Amount of unit values per 100 kg Code Species, varieties, CN code 1.10 New potatoes 0701 90 50 1.30 Onions (other than seed) 0703 10 19 1.40 Garlic 0703 20 00 1.50 Leeks ex 0703 90 00 1.60 Cauliflowers 0704 10 00 1.70 Brussels sprouts 0704 20 00 1.80 White cabbages and red cabbages 0704 90 10 1.90 Sprouting broccoli or calabrese (Brassica oleracea L. convar. botrytis (L.) Alef var. italica Plenck) ex 0704 90 90 1.100 Chinese cabbage ex 0704 90 90 1.110 Cabbage lettuce (head lettuce) 0705 11 10 1.120 Endives ex 0705 29 00 1.130 Carrots ex 0706 10 00 1.140 Radishes ex 0706 90 90 1.160 Peas (Pisum sativum) 0708 10 00 a) b) c) a) b) c) a) b) c) a) b) c) a) b) c) a) b) c) a) b) c) a) b) c) a) b) c) a) b) c) a) b) c) a) b) c) a) b) c) a) b) c) a) b) c) EUR FIM SEK ATS FRF BEF/LUF DEM IEP GBP DKK ITL GRD NLG ESP PTE 49,11 291,97 410,59 675,71 322,11 1 980,91 29,31 174,28 245,09 403,34 192,27 1 182,44 116,81 694,53 976,73 1 607,37 766,24 4 712,19 45,99 273,44 384,55 632,84 301,67 1 855,23 55,28 328,68 462,22 760,67 362,61 2 229,99 59,69 354,90 499,10 821,35 391,54 2 407,89 35,54 211,30 297,15 489,01 233,11 1 433,59 105,95 629,95 885,90 1 457,90 694,99 4 274,01 84,62 503,16 707,59 1 164,46 555,10 3 413,76 152,67 907,73 1 276,55 2 100,79 1 001,45 6 158,69 21,82 129,74 182,45 300,25 143,13 880,22 27,08 161,03 226,46 372,67 177,65 1 092,53 96,04 38,67 30,70 57,33 23,09 18,32 228,46 92,00 73,02 89,95 36,22 28,75 108,12 43,54 34,56 116,74 47,01 37,31 69,51 27,99 22,21 207,22 83,44 66,23 165,51 66,65 52,90 298,60 120,24 95,43 42,68 17,18 13,64 52,97 21,33 16,93 366,50 95 081,31 16 548,52 108,21 8 170,45 9 844,75 218,77 56 755,95 9 878,14 64,60 4 877,11 5 876,53 871,84 226 179,96 39 365,71 257,42 19 435,91 23 418,74 343,25 89 049,06 15 498,63 101,35 7 652,09 9 220,17 412,59 107 037,01 18 629,36 121,82 9 197,82 11 082,64 445,50 115 575,96 20 115,53 131,54 9 931,58 11 966,77 265,24 68 810,58 11 976,20 78,31 5 912,98 7 124,67 790,77 205 147,81 35 705,15 233,48 17 628,60 21 241,07 631,61 163 856,46 28 518,56 186,49 14 080,38 16 965,75 1 139,47 295 610,34 51 449,79 336,44 25 402,15 30 607,59 162,86 42 249,41 7 353,34 48,08 3 630,54 4 374,52 202,14 52 440,19 9 127,00 59,68 4 506,25 5 429,67 129,01 767,06 1 078,72 1 775,22 846,25 5 204,25 252,32 101,60 80,64 962,88 249 798,19 43 476,37 284,30 21 465,46 25 864,18 623,21 3 705,45 5 210,99 8 575,59 4 088,00 25 140,32 1 218,90 490,82 389,57 4 651,41 210 022,55 103 693,80 1 373,38 124 942,85 1 206 707,28 L 135/10 EN Official Journal of the European Communities 8.6.2000 Description Amount of unit values per 100 kg Code Species, varieties, CN code 1.170 Beans: 1.170.1 Beans (Vigna spp., Phaseolus ssp.) ex 0708 20 00 1.170.2 Beans (Phaseolus ssp., vulgaris var. Compressus Savi) ex 0708 20 00 1.180 Broad beans ex 0708 90 00 1.190 Globe artichokes 0709 10 00 1.200 Asparagus: 1.200.1 — green ex 0709 20 00 1.200.2 — other ex 0709 20 00 1.210 Aubergines (eggplants) 0709 30 00 1.220 Ribbed celery (Apium graveolens L., var. dulce (Mill.) Pers.) ex 0709 40 00 1.230 Chantarelles 0709 51 30 1.240 Sweet peppers 0709 60 10 1.250 Fennel 0709 90 50 1.270 Sweet potatoes, whole, human consumption) 0714 20 10 fresh (intended for 2.10 Chestnuts (Castanea spp.), fresh ex 0802 40 00 2.30 Pineapples, fresh ex 0804 30 00 a) b) c) a) b) c) a) b) c) a) b) c) a) b) c) a) b) c) a) b) c) a) b) c) a) b) c) a) b) c) a) b) c) a) b) c) a) b) c) a) b) c) a) b) c) EUR FIM SEK ATS FRF BEF/LUF DEM IEP GBP DKK ITL GRD NLG ESP PTE 147,49 876,94 1 233,24 2 029,52 967,48 5 949,76 117,10 696,26 979,15 1 611,37 768,14 4 723,90 157,74 937,88 1 318,94 2 170,55 1 034,71 6 363,22 — — — — — — 382,62 2 274,93 3 199,24 219,48 1 304,94 1 835,15 5 264,91 2 509,80 15 434,69 3 020,05 1 439,67 8 853,62 101,32 602,41 847,17 1 394,16 664,60 4 087,15 288,47 116,16 92,20 229,03 92,23 73,20 308,51 124,23 98,60 — — — 748,33 301,33 239,17 429,26 172,85 137,19 198,16 79,79 63,33 1 100,81 285 581,82 49 704,37 325,03 24 540,39 29 569,23 874,01 226 742,06 39 463,54 258,06 19 484,22 23 476,94 1 177,31 305 427,23 53 158,38 347,61 26 245,73 31 624,03 — — — — — — 2 855,69 128 941,59 843,17 740 847,88 63 661,95 76 707,62 1 638,08 424 964,02 73 963,28 483,66 36 517,67 44 000,91 756,20 196 178,81 34 144,13 223,28 16 857,88 20 312,42 81,29 483,30 679,67 1 118,52 533,20 3 279,06 158,98 64,02 50,81 606,68 157 391,06 27 393,28 179,13 13 524,80 16 296,32 1 316,23 7 825,97 11 005,69 18 111,77 8 633,93 53 096,75 2 574,33 1 036,62 822,78 9 823,84 443 570,86 219 002,91 2 900,60 263 881,22 2 548 584,41 169,88 1 010,04 1 420,42 2 337,54 1 114,31 6 852,77 73,55 437,31 614,99 1 012,07 482,46 2 967,00 60,08 357,21 502,35 826,70 394,09 2 423,56 176,48 1 049,30 1 475,64 2 428,42 1 157,63 7 119,19 107,37 638,39 897,78 1 477,44 704,30 4 331,30 332,25 133,79 106,19 143,85 57,93 45,98 117,50 47,32 37,56 345,16 138,99 110,32 210,00 84,56 67,12 1 267,89 328 925,42 57 248,14 374,36 28 264,95 34 057,04 548,95 142 412,66 24 786,35 162,08 12 237,69 14 745,45 448,40 116 328,39 20 246,49 132,40 9 996,24 12 044,68 1 317,18 341 712,93 59 473,76 388,91 29 363,80 35 381,06 801,37 207 897,50 36 183,72 236,61 17 864,88 21 525,77 8.6.2000 EN Official Journal of the European Communities L 135/11 Description Amount of unit values per 100 kg Code 2.40 Species, varieties, CN code Avocados, fresh ex 0804 40 00 2.50 Guavas and mangoes, fresh ex 0804 50 00 2.60 Sweet oranges, fresh: 2.60.1 — Sanguines and semi-sanguines 0805 10 10 2.60.2 — Navels, navelines, navelates, salustianas, vernas, Valencia lates, Maltese, shamoutis, ovalis, trovita and hamlins 0805 10 30 2.60.3 — Others 0805 10 50 2.70 Mandarins (including tangerines and satsumas), fresh; clementines, wilkings and similar citrus hybrids, fresh: 2.70.1 — Clementines ex 0805 20 10 2.70.2 — Monreales and satsumas ex 0805 20 30 2.70.3 — Mandarines and wilkings ex 0805 20 50 2.70.4 — Tangerines and others ex 0805 20 70 ex 0805 20 90 2.85 Limes (Citrus aurantifolia), fresh ex 0805 30 90 2.90 Grapefruit, fresh: 2.90.1 — white ex 0805 40 00 2.90.2 — pink ex 0805 40 00 2.100 Table grapes 0806 10 10 a) b) c) a) b) c) a) b) c) a) b) c) a) b) c) a) b) c) a) b) c) a) b) c) a) b) c) a) b) c) a) b) c) a) b) c) a) b) c) a) b) c) EUR FIM SEK ATS FRF BEF/LUF DEM IEP GBP DKK ITL GRD NLG ESP PTE 120,62 717,19 1 008,58 1 659,80 791,23 4 865,90 127,31 756,94 1 064,48 1 751,79 835,08 5 135,57 235,92 95,00 75,40 248,99 100,26 79,58 900,28 233 557,53 40 649,75 265,82 20 069,88 24 182,62 950,17 246 501,69 42 902,63 280,55 21 182,19 25 522,86 55,64 330,81 465,22 765,59 364,96 2 244,42 108,82 43,82 34,78 415,26 107 729,80 18 749,94 122,61 9 257,35 11 154,38 60,53 359,92 506,16 51,50 306,21 430,62 832,97 397,08 2 441,94 708,66 337,82 2 077,50 118,39 47,67 37,84 100,73 40,56 32,19 451,80 117 210,36 20 399,99 133,40 10 072,03 12 136,00 384,38 99 717,90 17 355,50 113,49 8 568,88 10 324,82 79,34 471,75 663,42 59,35 352,86 496,23 62,27 370,24 520,67 51,73 307,58 432,55 1 091,78 520,45 3 200,67 816,63 389,29 2 394,04 856,86 408,47 2 511,97 711,84 339,34 2 086,84 102,78 611,07 859,35 1 414,22 674,16 4 145,94 69,26 411,83 579,15 72,17 429,09 603,43 953,09 454,34 2 794,10 993,05 473,39 2 911,25 154,94 921,20 1 295,49 2 131,96 1 016,31 6 250,08 155,18 62,49 49,60 116,07 46,74 37,10 121,79 49,04 38,93 101,18 40,74 32,34 201,01 80,94 64,24 135,47 54,55 43,30 141,15 56,84 45,11 303,03 122,02 96,85 592,18 153 628,50 26 738,42 174,85 13 201,48 15 906,74 442,94 114 911,04 19 999,80 130,78 9 874,44 11 897,93 464,76 120 571,92 20 985,06 137,23 10 360,89 12 484,05 386,10 100 165,96 17 433,48 114,00 8 607,38 10 371,21 767,07 199 000,34 34 635,21 226,49 17 100,34 20 604,56 516,96 134 113,81 23 341,97 152,64 11 524,56 13 886,19 538,63 139 736,93 24 320,65 159,04 12 007,76 14 468,41 1 156,38 299 996,96 52 213,26 341,43 25 779,10 31 061,78 L 135/12 EN Official Journal of the European Communities 8.6.2000 Description Amount of unit values per 100 kg Code Species, varieties, CN code 2.110 Water melons 0807 11 00 2.120 Melons (other than water melons): 2.120.1 — Amarillo, cuper, honey dew (including cantalene), onteniente, piel de sapo (in- cluding verde liso), rochet, tendral, futuro ex 0807 19 00 2.120.2 — other ex 0807 19 00 2.140 Pears 2.140.1 Pears — nashi (Pyrus pyrifolia) ex 0808 20 50 2.140.2 Other ex 0808 20 50 2.150 Apricots 0809 10 00 2.160 Cherries 0809 20 95 0809 20 05 2.170 Peaches 0809 30 90 2.180 Nectarines ex 0809 30 10 2.190 Plums 0809 40 05 2.200 Strawberries 0810 10 00 2.205 Raspberries 0810 20 10 2.210 Fruit of the species Vaccinium myrtillus 0810 40 30 2.220 Kiwi fruit (Actinidia chinensis Planch.) 0810 50 00 a) b) c) a) b) c) a) b) c) a) b) c) a) b) c) a) b) c) a) b) c) a) b) c) a) b) c) a) b) c) a) b) c) a) b) c) a) b) c) a) b) c) a) b) c) EUR FIM SEK ATS FRF BEF/LUF DEM IEP GBP DKK ITL GRD NLG ESP PTE 27,47 163,33 229,69 378,00 180,19 1 108,14 53,73 21,63 17,17 205,03 53 189,34 9 257,39 60,54 4 570,62 5 507,24 81,07 482,03 677,88 95,26 566,41 796,54 1 115,57 531,79 3 270,41 1 310,85 624,89 3 842,92 129,52 770,09 1 082,99 68,75 408,78 574,87 1 782,24 849,60 5 224,85 946,04 450,98 2 773,44 — — — — — — — — — — — — 60,10 357,34 502,53 826,99 394,23 2 424,43 186,92 1 111,36 1 562,92 2 572,05 1 226,10 7 540,26 149,44 888,52 1 249,53 2 056,32 980,25 6 028,33 394,59 2 346,13 3 299,36 5 429,68 2 588,34 15 917,72 158,56 63,85 50,68 186,32 75,03 59,55 253,32 102,01 80,96 134,47 54,15 42,98 — — — — — — 117,55 47,33 37,57 365,58 147,21 116,84 292,28 117,69 93,41 771,75 310,76 246,66 605,08 156 975,93 27 321,03 178,66 13 489,13 16 253,34 711,01 184 455,66 32 103,77 209,93 15 850,50 19 098,60 966,69 250 786,85 43 648,44 285,43 21 550,41 25 966,55 513,14 133 121,85 23 169,32 151,51 11 439,32 13 783,48 — — — — — — — — — — — — 448,56 116 369,83 20 253,70 132,44 9 999,80 12 048,97 1 395,08 361 923,91 62 991,40 411,91 31 100,55 37 473,71 1 115,35 289 352,90 50 360,71 329,32 24 864,44 29 959,69 2 945,06 132 976,83 869,56 764 032,78 65 654,25 79 108,19 750,86 4 464,41 6 278,32 10 332,06 4 925,32 30 289,62 1 468,55 591,35 469,36 5 604,12 253 039,82 124 932,59 1 654,68 150 533,91 1 453 867,69 1 822,37 10 835,32 15 237,75 25 076,36 11 953,96 73 514,22 3 564,25 1 435,23 1 139,16 13 601,44 614 138,69 303 216,85 4 015,97 365 352,38 3 528 600,36 136,06 808,98 1 137,67 1 872,23 892,50 5 488,66 266,11 107,16 85,05 1 015,50 263 449,67 45 852,35 299,84 22 638,55 27 277,66 8.6.2000 EN Official Journal of the European Communities L 135/13 Description Amount of unit values per 100 kg Code Species, varieties, CN code 2.230 Pomegranates ex 0810 90 85 2.240 Khakis (including sharon fruit) ex 0810 90 85 2.250 Lychees ex 0810 90 30 a) b) c) a) b) c) a) b) c) a) b) c) EUR FIM SEK ATS FRF BEF/LUF DEM IEP GBP DKK ITL GRD NLG ESP PTE 347,17 2 064,18 2 902,86 4 777,16 2 277,29 14 004,80 310,11 1 843,84 2 593,00 4 267,23 2 034,20 12 509,87 433,40 2 576,90 3 623,90 5 963,75 2 842,94 17 483,43 679,01 273,42 217,02 606,53 244,23 193,85 847,66 341,33 270,92 2 591,14 116 996,29 765,06 672 214,86 57 764,23 69 601,34 2 314,55 104 507,61 683,40 600 459,79 51 598,23 62 171,79 3 234,75 146 056,74 955,09 839 184,84 72 112,16 86 889,46
http://publications.europa.eu/resource/cellar/94f8610c-0b42-475b-8fde-fa1cd1b84dfb
32000R1205
http://data.europa.eu/eli/reg/2000/1205/oj
Commission Regulation (EC) No 1205/2000 of 7 June 2000 amending representative prices and additional duties for the import of certain products in the sugar sector
2000-06-07
eng
[ "European Commission" ]
[]
[]
[]
[ "pdf", "print" ]
[ "CCT duties", "import", "representative price", "sugar" ]
[ "4080", "1309", "2687", "4314" ]
8.6.2000 EN Official Journal of the European Communities L 135/21 COMMISSION REGULATION (EC) No 1205/2000 of 7 June 2000 amending representative prices and additional duties for the import of certain products in the sugar sector THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, (2) Having regard to Council Regulation (EC) No 2038/1999 of 13 September 1999 on the common organisation of the markets in the sugar sector (1), Having regard to Commission Regulation (EC) No 1423/95 of 23 June 1995 laying down detailed implementing rules for the import of products in the sugar sector other than molasses (2), as last amended by Regulation (EC) No 624/98 (3), and in particular the second subparagraph of Article 1(2), and Article 3(1) thereof, Whereas: (EC) No 1441/1999 (4), as last amended by Regulation (EC) No 1079/2000 (5). It follows from applying the general and detailed fixing rules contained in Regulation (EC) No 1423/95 to the information known to the Commission that the repres- entative prices and additional duties at present in force should be altered to the amounts set out in the Annex hereto, HAS ADOPTED THIS REGULATION: Article 1 The representative prices and additional duties on imports of the products referred to in Article 1 of Regulation (EC) No 1423/95 shall be as set out in the Annex hereto. (1) The amounts of the representative prices and additional duties applicable to the import of white sugar, raw sugar and certain syrups are fixed by Commission Regulation This Regulation shall enter into force on 8 June 2000. Article 2 This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 7 June 2000. For the Commission Franz FISCHLER Member of the Commission (1) OJ L 252, 25.9.1999, p. 1. (2) OJ L 141, 24.6.1995, p. 16. (3) OJ L 85, 20.3.1998, p. 5. (4) OJ L 166, 1.7.1999, p. 77. (5) OJ L 121, 23.5.2000, p. 7. L 135/22 EN Official Journal of the European Communities 8.6.2000 to the Commission Regulation of 7 June 2000 amending representative prices and the amounts of additional duties applicable to imports of white sugar, raw sugar and products covered by CN code 1702 90 99 ANNEX CN code 1701 11 10 (1) 1701 11 90 (1) 1701 12 10 (1) 1701 12 90 (1) 1701 91 00 (2) 1701 99 10 (2) 1701 99 90 (2) 1702 90 99 (3) Amount of representative prices per 100 kg net of product concerned Amount of additional duty per 100 kg net of product concerned (EUR) 20,47 20,47 20,47 20,47 23,66 23,66 23,66 0,24 6,07 11,62 5,88 11,10 13,84 8,88 8,88 0,40 (1) For the standard quality as defined in Article 1 of amended Council Regulation (EEC) No 431/68 (OJ L 89, 10.4.1968, p. 3). (2) For the standard quality as defined in Article 1 of Council Regulation (EEC) No 793/72 (OJ L 94, 21.4.1972, p. 1). (3) By 1 % sucrose content.
http://publications.europa.eu/resource/cellar/90d0be74-d0b2-4392-a60a-0cea3a085a5b
92000E001718
WRITTEN QUESTION E-1718/00 by Raffaele Costa (PPE-DE), Francesco Fiori (PPE-DE), Stefano Zappalà (PPE-DE), Mario Mantovani (PPE-DE), Vittorio Sgarbi (PPE-DE), Luigi Cesaro (PPE-DE), Amalia Sartori (PPE-DE), Renato Brunetta (PPE-DE), Antonio Tajani (PPE-DE), Giuseppe Gargani (PPE-DE), Francesco Musotto (PPE-DE), Guido Viceconte (PPE-DE), Giorgio Lisi (PPE-DE), Mario Mauro (PPE-DE), Giuseppe Nisticò (PPE-DE), Marcello Dell'Utri (PPE-DE), Guido Podestà (PPE-DE), Raffaele Fitto (PPE-DE), Umberto Scapagnini (PPE-DE), Pier Casini (PPE-DE) and Raffaele Lombardo (PPE-DE) to the Council. The euro crisis.
2000-06-07
eng
[ "European Parliament", "Provisional data" ]
[]
[]
[]
[ "html", "pdf", "print" ]
[ "economic growth", "economic policy", "euro", "euro area", "exchange rate", "job creation" ]
[ "310", "2497", "665", "6151", "4390", "284" ]
C 81 E/80 Official Journal of the European Communities EN 13.3.2001 Answer given by Mr Barnier on behalf of the Commission (4 July 2000) The Italian authorities sent the Commission their Objective 2 zoning proposal on 1 October 1999. On 11 October the Commission informed them that it was unacceptable since it did not meet the requirement of Article 4(4) of Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds (1) that at least 50 % of the population covered by Objective 2 must live in zones meeting the criteria of paragraphs 5 and 6 of that Article. Only 29,6 % of the total population proposed in fact did so. The Commission therefore asked Italy to send with all speed an amended proposal in line with the Council Regulation. New zones meeting the Community criteria and with a population of at least 1 510 000 would have to be included and zones of equivalent population not meeting them dropped. In the case of the Province of Turin the Commission has pointed out to Italy that the zones in greatest difficulty in it could perfectly well be presented for Objective 2 eligibility on the basis of paragraphs 7 to 9 of the said Article 4. The Commission has several times pointed out to Italy the need for immediate transmission of a revised proposal in order not to penalise the areas in question. As soon as it has been received the Commission will give top priority to rapid adoption. Italy is the only Member State for which it has not been possible to adopt Objective 2 zoning. (1) OJ L 161, 26.6.1999. (2001/C 81 E/097) WRITTEN QUESTION E-1718/00 by Raffaele Costa (PPE-DE), Francesco Fiori (PPE-DE), Stefano Zappal(cid:224) (PPE-DE), Mario Mantovani (PPE-DE), Vittorio Sgarbi (PPE-DE), Luigi Cesaro (PPE-DE), Amalia Sartori (PPE-DE), Renato Brunetta (PPE-DE), Antonio Tajani (PPE-DE), Giuseppe Gargani (PPE-DE), Francesco Musotto (PPE-DE), Guido Viceconte (PPE-DE), Giorgio Lisi (PPE-DE), Mario Mauro (PPE-DE), Giuseppe Nistic(cid:242) (PPE-DE), Marcello Dell(cid:146)Utri (PPE-DE), Guido Podest(cid:224) (PPE-DE), Raffaele Fitto (PPE-DE), Umberto Scapagnini (PPE-DE), Pier Casini (PPE-DE) and Raffaele Lombardo (PPE-DE) to the Council Subject: The euro crisis (7 June 2000) The undeniable crisis affecting the euro has been, and is, a cause for great concern in all the countries are participating in the single currency, and in the EU in general. Can the Council as a matter of urgency provide the European Parliament and, more generally, European citizens, with an adequate explanation of the measures that have been, or are to be, taken to put an end to a situation which we all hope is transitory, but which nevertheless has been dragging on for many months? Reply (28 September 2000) The Euro 11 group, on 8 May, issued the following statement: The Euro 11 Ministers and Commissioner, and the President of the ECB share the view that growth is very robust in the euro area; an increasing number of jobs is being created. The ECB is committed to 13.3.2001 EN Official Journal of the European Communities C 81 E/81 ensure that this growth will remain non-inflationary. Ministers are determined to speed us ongoing fiscal consolidation and structural reforms towards a knowledge-based, full-employment economy according to the orientations set by the special European Council in Lisbon, thus increasing the growth potential of our economies. In this context, we share a common concern about the present level of the euro which does not reflect the strong economic fundamentals of the euro area. Although the Council itself has not taken a position on the recent developments of the external value of the euro, it may be pointed out in the above context that in the broad guidelines of the economic policies of the Member States and of the Community for 1999/2000, adopted on 12 July 1999 (1), the Council underlined that strong, sustainable growth and employment constitute the main priority and that growth and stability-oriented macroeconomic policies and comprehensive and co-ordinated economic reforms are the main means. (1) OJ L 217, 17.8.1999, p. 34. (2001/C 81 E/098) WRITTEN QUESTION E-1726/00 by Nuala Ahern (Verts/ALE) to the Commission (31 May 2000) Subject: Assessment of the hazards posed to neighbouring EU states by the storage of radioactive liquid waste at Sellafield in the United Kingdom What assessment has been made of the hazards posed to EU states adjacent to the United Kingdom by the build-up and storage of high-activity radioactive liquid wastes at Sellafield in Cumbria, UK, resulting from the reprocessing of spent irradiated nuclear fuel? (2001/C 81 E/099) WRITTEN QUESTION E-1727/00 by Nuala Ahern (Verts/ALE) to the Commission (31 May 2000) Subject: Research into the dangers to the environment of a breach-of-containment accident at a number of nuclear plants What research has been done by the Commission, Euratom or the Joint Research Centres on behalf of the Commission, into the dangers to the environment of a breach-of-containment accident at the high-activity liquor (HAL) storage tanks in operation respectively at: (a) BNFL Sellafield, (b) UKAEA Dounreay, (c) Cogema La Hague, (d) CEA Marcoßle, (e) KFK Karlsruhe? Joint answer to Written Questions E-1726/00 and E-1727/00 given by Mrs Wallstr(cid:246)m on behalf of the Commission (20 July 2000) The high active liquor (HAL) storage facility at Sellafield has been in place since 1955. In connection with the incorporation of high level waste concentrate into glass in the Windscale vitrification plan (WVP) in 1990, a submission of general data under Article 37 Euratom treaty for this plant was made in January
http://publications.europa.eu/resource/cellar/06078224-7e3a-445f-82b1-d94a7312fa91
32000R1203
http://data.europa.eu/eli/reg/2000/1203/oj
Commission Regulation (EC) No 1203/2000 of 7 June 2000 amending Regulation (EC) No 441/2000 increasing to 49 973 tonnes the quantity of barley held by the Irish intervention agency for which a standing invitation to tender for export has been opened
2000-06-07
eng
[ "European Commission" ]
[]
[]
[]
[ "pdf", "print" ]
[ "Ireland", "award of contract", "barley", "export", "intervention agency", "third country" ]
[ "1504", "20", "2193", "946", "3170", "2300" ]
L 135/16 EN Official Journal of the European Communities 8.6.2000 COMMISSION REGULATION (EC) No 1203/2000 of 7 June 2000 amending Regulation (EC) No 441/2000 increasing to 49 973 tonnes the quantity of barley held by the Irish intervention agency for which a standing invitation to tender for export has been opened THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, (4) Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals (1), as last amended by Regulation (EC) No 1253/ 1999 (2), and in particular Article 5 thereof, Whereas: (1) (2) Commission Regulation (EEC) No 2131/93 (3), as last amended by Regulation (EC) No 39/1999 (4), lays down the procedures and conditions for the disposal of cereals held by the intervention agencies. Commission Regulation (EC) No 441/2000 (5), as amended by Regulation (EC) No 1083/2000 (6), opened a standing invitation to tender for the export of 29 977 tonnes of barley held by the Irish intervention agency. Ireland informed the Commission of the intention of its intervention agency to increase by 19 996 tonnes the quantity for which a standing invitation to tender for export has been opened. The total quantity of barley held by the Irish intervention agency for which a standing invitation to tender for export has been opened should be increased to 49 973 tonnes. store. Annex I to Regulation (EC) No 441/2000 must therefore be amended. 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 441/2000 is hereby amended as follows: 1. Article 2 is replaced by the following: ‘Article 2 The invitation to tender shall cover a maximum of 1. 49 973 tonnes of barley to be exported to all third coun- tries with the exception of the United States, Canada and Mexico. The regions in which the 49 973 tonnes of barley are 2. stored are stated in Annex I to this Regulation.’ 2. Annex I is replaced by the Annex hereto. Article 2 (3) This increase in the quantity put out to tender makes it necessary to alter the list of regions and quantities in This Regulation shall enter into force on the day of its publica- tion in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 7 June 2000. For the Commission Franz FISCHLER Member of the Commission (1) OJ L 181, 1.7.1992, p. 21. (2) OJ L 160, 26.6.1999, p. 18. (3) OJ L 191, 31.7.1993, p. 76. (4) OJ L 5, 9.1.1999, p. 64. (5) OJ L 54, 26.2.2000, p. 29. (6) OJ L 122, 24.5.2000, p. 41. 8.6.2000 EN Official Journal of the European Communities L 135/17 ANNEX ‘ANNEX I (tonnes) Place of storage Bagnelstown/County Carlow Baltinglass/County Wicklow Bridgetown/County Wexford Enniscorthy/County Wexford Ferns/County Wexford Freshford Road/Kilkenny Gorey/County Wexford Naas/County Kildare Palmerstown/County Kilkenny Quantity 1 796 15 000 2 548 2 058 7 684 3 309 10 759 2 167 4 652’
http://publications.europa.eu/resource/cellar/b0381afe-eced-4131-9fb6-c178918ac643
32001D0418
http://data.europa.eu/eli/dec/2001/418/oj
2001/418/EC: Commission Decision of 7 June 2000 relating to a proceeding pursuant to Article 81 of the EC Treaty and Article 53 of the EEA Agreement (Case COMP/36.545/F3 — Amino Acids) (Text with EEA relevance) (notified under document number C(2000) 1565)
2000-06-07
eng
[ "European Commission" ]
[]
[]
[]
[ "html", "pdf", "print" ]
[ "economic sanctions", "infringement of EU law", "inter-company agreement", "merger control", "organic acid", "restriction on competition" ]
[ "3870", "5953", "3821", "183", "5055", "3581" ]
L 152/24 EN Official Journal of the European Communities 7.6.2001 COMMISSION DECISION of 7 June 2000 relating to a proceeding pursuant to Article 81 of the EC Treaty and Article 53 of the EEA Agreement (Case COMP/36.545/F3 (cid:151) Amino Acids) (notified under document number C(2000) 1565) (Only the German, English and French texts are authentic) (Text with EEA relevance) (2001/418/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to the Agreement on the European Economic Area, Having regard to Council Regulation No 17 of 6 February 1962, First Regulation implementing Articles 85 and 86 of the Treaty (1) (EC) No as 1216/1999 (2), by Regulation amended last volumes of undertakings, producing and offering for sale synthetic lysine to distributors and/or industrial users established in the EEA, for the use in animal feeds. The present Decision covers the period September 1990 to June 1995. B. THE UNDERTAKINGS AND THE ASSOCIATION CONCERNED Having regard to the Commission decision of 29 October 1998 to open a proceeding in this case, 1. Archer Daniels Midland Company (2) Having given the undertakings concerned the opportunity to make known their views on the objections raised by the Commission pursuant to Article 19(1) of Regulation No 17, Commission Regulation No 99/63/EEC of 25 July 1963 on the hearings provided for in Article 19(1) and (2) of Council Commission and Regulation No Regulation (EC) No 2842/98 of 22 December 1998 on the hearing of parties in certain proceedings under Articles 85 and 86 of the EC Treaty (4), subsequently 17 (3), consulting the Advisory Committee on Restrictive After Practices and Dominant Positions, (3) WHEREAS: I. THE FACTS A. SUBJECT OF PROCEEDINGS (1) This case concerns agreements on prices, sales volumes and the exchange of firm specific information on sales (1) OJ 13, 21.2.1962, p. 204/62. (2) OJ L 148, 15.6.1999, p. 5. (3) OJ 127, 20.8.1963, p. 2268/63. (4) OJ L 354, 30.12.1998, p. 18. (4) Archer Daniels Midland Company (ADM) is the ultimate parent company of a group of companies processing cereals and oil seeds worldwide. Worldwide ADM has over 200 plants including substantial assets in the EEA, soya bean among which are the world’s processing facility in Europoort, the in Hamburg, world’s Germany, and the world’s largest soft-seed crushing plant in Erith, United Kingdom. largest multi-seed the Netherlands, complex largest returns ADM is a manufacturer of starch and starch products and entered into the biochemicals market because they from the production of expected higher than on their chemicals based on starch products traditional products. ADM’s BioProducts Division was formed time, ADM’s management decided to start producing lysine when it became aware that two other undertakings were about to set up production facilities in North America (but both undertakings gave up on ADM’s expansion announcement). ADM’s production facilities for lysine were completed in June 1992. in 1989. At about that (ADM Archer Daniels Midland Ingredients) is a wholly owned subsidiary of ADM, dealing with ADM’s European amino acids business during the period covered by the present investigation. Ingredients Ltd 7.6.2001 EN Official Journal of the European Communities L 152/25 (5) (6) (7) (8) (9) In the year ending 30 June 1995, all companies belonging to the ADM group had a total turnover of approximately USD 12,6 billion (EUR 12,6 billion); in the year ending 30 June 1998, the total turnover was approximately USD 16,1 billion (EUR 16,1 billion). In lysine was 1995, ADM’s worldwide approximately USD 202 million (EUR 202 million), of which approximately USD 41 million (EUR 41 million) was made in the EEA. turnover for 2. Ajinomoto Company, Incorporated of group Ajinomoto Company, Inc. (Ajinomoto) is the ultimate a parent companies of company including lysine, and food manufacturing chemicals, products. Backed in amino acid technology, the group of companies is also engaged in the development and manufacture of pharmaceuticals. Ajinomoto’s operations encompass manufacturing and marketing bases in 21 countries. capabilities by Ajinomoto operates amino acid feed grade production plants in Japan, the EEA (Eurolysine SA (cid:151) (cid:145)Eurolysine(cid:146)), in the United States, Thailand, China, and Brazil. a plant In 1974, Eurolysine was established as a joint venture between Ajinomoto and Orsan to manufacture and market feed grade lysine in Europe. In 1976, Eurolysine also started in Amiens. Eurolysine built producing lysine in Italy through its wholly owned subsidiary Bioitalia Biopro Italia SpA. The total number of employees of Eurolysine is currently 338. Eurolysine is the sole producer of feed grade lysine in the EEA. September 1994. At Ajinomoto and Orsan each owned 50 % of Eurolysine until time, Ajinomoto increased its interest to 75 % by purchasing additional shares from Orsan. In 1996, Ajinomoto acquired all of the Eurolysine shares then held by Orsan, and made Eurolysine its wholly owned subsidiary. that production development, of the and pharmaceuticals, animal alcoholic health beverages. Kyowa has amino acid production plants in Japan, Hungary and Mexico. Kyowa introduced the lysine fermentation process in 1958. and marketing agricultural food, products, chemicals, alcohol, and (12) (13) Kyowa’s European subsidiary is Kyowa Hakko Europe GmbH (Kyowa Europe), which is responsible for the marketing of lysine in the EEA. In 1995, all companies belonging to the Kyowa group had a turnover of approximately JPY 375 billion (EUR 2,8 billion). In that year, Kyowa’s worldwide turnover for lysine was approximately JPY 10 million (EUR 73 million), of which approximately DEM 30 million (EUR 16 million) was made in the EEA. In the year ending 31 March 1998, the total turnover of the Kyowa group was approximately JPY 398 billion (EUR 2,8 billion). 4. Daesang Corporation a of which (14) Daesang Corporation is a Korean undertaking and the group operating company of ultimate parent include the activities worldwide, the feeds, and amino manufacture of seasonings, animal acids. It was created through a merger of Daesang Industrial Limited and Miwon Corporation Limited. formerly known as Daesang Industrial Limited was Sewon Corporation Foods and Miwon Limited Corporation Limited (together Sewon). In the first half of 1998, Sewon transferred its worldwide lysine business to an undertaking belonging to a group of companies unrelated to any addressees of this Decision. (15) At the beginning of 1992, Miwon Handels GmbH was established and dealt with Sewon’s amino acids business in Europe. In November 1994, Miwon Handels GmbH changed its name to Sewon Europe GmbH (together Sewon Europe). (10) In the year ending 31 March 1995, all companies belonging to the Ajinomoto group had a total turnover of approximately JPY 725,7 billion (EUR 5,1 billion). In the year ending 31 March 1998, the total turnover was approximately JPY 836,0 billion (EUR 5,8 billion). In 1995, Ajinomoto’s world-wide turnover for lysine was approximately USD 239 million (EUR 239 million), of which approximately FRF 483 million (EUR 75 million) was made in the EEA. (16) 1995, Sewon’s turnover worldwide In was approximately Korean Won 225 billion (EUR 227 million). In that year, its worldwide turnover for lysine was approximately DEM 125 million (EUR 67 million), of which approximately DEM 28 million (EUR 15 million) was made in the EEA. In 1998, Sewon’s worldwide turnover was approximately Korean Won 1,47 trillion (EUR 946 million). 3. Kyowa Hakko Kogyo Company Limited 5. Cheil Jedang Corporation (11) Kyowa Hakko Kogyo Company Limited (Kyowa) is the ultimate parent company of a group of companies established and operating worldwide, and involved in (17) Cheil Jedang Corporation (Cheil) is the ultimate parent company of a group of companies established and operating worldwide. It was established as the Korean Samsung Group’s first manufacturing affiliate in 1953. L 152/26 EN Official Journal of the European Communities 7.6.2001 (23) (24) (25) (26) (27) (28) In 1993, Cheil became a diversified company focusing among other things on pharmaceuticals and foodstuffs. independent. Cheil is (18) Cheil entered the lysine market in 1991. In 1995, Cheil had a turnover of approximately USD 1,9 billion (EUR 1,9 billion). In that year, Cheil’s worldwide turnover for lysine was approximately USD 52 million (EUR 52 million), of which approximately EUR 17 million was made in the EEA. In 1997, Cheil had a turnover of approximately USD 1,4 billion (EUR 1,4 billion). (19) (20) (21) 6. Fefana The Federation EuropØene des Fabricants d’Adjuvants pour la Nutrition Animale (Fefana) has its central office in Brussels. It is a body that represents and promotes the scientific, technical and economic interests of animal feed additive manufacturers. Fefana was conceived in order to deal with the numerous Community legislative proposals impacting on the area of animal nutrition. The existing national professional associations dealing with the feed additive industry required a representation at European level and, for this reason, Fefana was founded in 1963. considered that industry the C. THE PRODUCT Lysine is an essential amino acid. Amino acids are building blocks of protein, a major component of body tissues. Animals synthesise body proteins from amino acids released during digestion. Twenty-two different amino acids account for all the proteins found in life. Animals can synthesise only some of these. The others, designated as essential, must be supplied by the diet, either bound naturally to protein or in a chemically pure form. The main sources of amino acids for animals are proteins of vegetal or animal origin: soybean meal, rapeseed meal, corn gluten feed, peas, fishmeal, meat and bonemeal, skimmed milk and other products. Another source of certain amino acids is industrial production. These amino acids are identical to those amino acids found in feed protein. (22) In most cases, a single feedstuff or the combination of feedstuffs does not supply each amino acid in the precise amount required by animals to exactly meet their dietary requirements. Hence, certain amino acids end up being supplied in excess of requirements to provide an adequate amount of other amino acids. The addition of amino acids in pure form provides a better balance to the dietary protein. diets. formulating Significant progress has been made in defining the precise amino acid requirements of different classes of livestock and nutritionists have long realised the benefits of diets with individual amino acids allows for a reduction in crude in the diet while maintaining amino protein content acids at adequate levels. Research has shown that the level of dietary protein in a standard maize soybean meal can be reduced if the diet is adequately fortified with lysine, tryptophan and threonine. Supplementing The availability of synthetic amino acids provides nutritionists with the flexibility to formulate diets with amino acid profiles that more closely resemble those of the animal’s requirements than would be the case if only conventional raw materials were available. This has the effect of not only reducing the usage of relatively expensive protein sources, but also animal performance is enhanced. There is increasing pressure in European countries to the amount of nitrogen and phosphorous reduce animal production effluent arising from intensive systems. According to Fefana, increased use of amino acids combined with reduced crude protein levels in feeds to reduce nitrogen excretion by up to 20 % to 25 %. is estimated to have the potential The removal of government subsidies on cereals in the Community under the common agricultural policy reforms is expected to reduce the cost of cereals in the European countries. This could be expected to increase the proportion of in European livestock diets. The net effect of this is that demand for increase, everything being equal, as amino acids are no longer supplied by high levels of oilcakes in these diets. amino acids will to oilcakes synthetic relative cereals The production of synthetic amino acids is one of the oldest and probably the most widely used applications of biotechnology in the animal feed industry. It involves the fermentation of a suitable carbohydrate source, such as sugar and starch, by an organism which has been genetically modified to produce an excess of the amino acid in question. Feedgrade lysine has been produced commercially for some 30 years and the growth in the use of this amino acid worldwide has been remarkable. Whereas total world usage was approximately 30 000 t in 1979, consumption is currently in the region of 250 000 t per annum. Although this rise in consumption is partially attributable and poultry increase production that has occurred worldwide, it also reflects an increasing sophistication in the formulation of livestock diets. to the in pig 7.6.2001 EN Official Journal of the European Communities L 152/27 D. THE MARKET FOR LYSINE to indirect sales by appointed agents and/or independent distributors established in different Member States. 1. Supply side (a) Production (37) Until May 1995, ADM Ingredients had two sales agents. One of them, BASF, was then replaced by direct sales and a number of other distributors or sales agents. (29) (30) (31) (32) synthetic technology whereby amino acids The production process of employs a a high level of genetically modified bacterium is used to ferment carbohydrates. The major challenges to the process are the creation and maintenance of sterile conditions that allow for growth of the organism while preventing contamination by any other micro-organism. The improved has technology significantly over the years, leading to substantial cost reductions. production the for The carbohydrate source used in fermentation process constitutes by far the largest production cost. As production requires substantial amounts of electrical energy to agitate and aerate the fermentors, access to cheap electrical power is also crucial. Manufacture of intensive. Production amino acids requires for equipment in fermentation, extraction and purification, and pollution control. is highly capital investment heavy Before 1991, there were only three lysine producers, these being: Ajinomoto/Eurolysine, Kyowa, and Sewon. Ajinomoto/Eurolysine was the biggest producer, with a manufacturing capacity of around 80 000 t. Kyowa and Sewon had smaller capacities of around 50 000 t and 30 000 t respectively. In 1994, Sewon started to expand its capacity up to 50 000 t. doubled In 1991, ADM entered the lysine market. ADM’s plant the world’s essentially lysine production capacity. In addition, it was known that ADM had a very strong financial background and cheap access to raw material resources. (33) Also in 1991, Cheil entered the lysine market with a production capacity of around 10 000 t. At the end of 1993, Cheil started expansion of its production capacity up to 40 000 t. This continued through the beginning of 1994 and was finally completed in July 1995. (34) During the period covered by the present proceeding, there was no other significant entry into the lysine market. (35) Eurolysine is the sole lysine producer in the EEA. (b) Distribution (38) (39) through a number of Eurolysine sold amino acids distributors. Ajinomoto’s direct in the European lysine market was confined to its interest in Eurolysine (see paragraphs 8 and 9). involvement Kyowa Europe appointed two Japanese trading houses as and representatives in various EEA Member States. lysine who had offices agents sales for (40) Sewon Europe sold lysine to distributors and industrial users. (41) Cheil has no sales subsidiary in the EEA. Its lysine business in this region is run by a sales office selling mainly to industrial users. 2. Demand side (42) (43) feedmills spread over The European compound feed industry turns out more than 150 million tonnes of animal feed every year in thousands of the continent. Feedmills formulate, mix and, if needed, further process feedstuffs and micro-ingredients into compound feeds that meet quantitative and qualitative nutritional needs at In particular, the feed formula must ensure adequate content of each essential amino acid. the lowest possible cost per tonne of feed. 3. Market information (a) Factors influencing the determination of lysine prices contain Synthetic lysine is, to a large extent, used to add lysine to feedstuffs that do not, or not sufficiently, contain natural lysine, e.g. cereals. Feedstuffs to which lysine is added are therefore substitutable to feedstuffs which naturally soybean. Therefore, the amount of synthetic lysine demanded by the European feed industry and, consequently the price, is influenced in particular by European cereal prices and world soybean prices, the latter being quoted by the Chicago Board of Trade. The price of soybean minus the price of cereals is known as the lysine (cid:145)shadow price(cid:146). sufficient lysine, e.g. (36) In the EEA, the lysine producers concerned by this Decision have operated various distribution systems, ranging from direct sales to industrial users (feed mills) (44) Nutritionists use computers to optimise feed formulas via a least-cost formulation technique. After inputting L 152/28 EN Official Journal of the European Communities 7.6.2001 data on available feedstuffs and their current prices, successive substitutions are made between feedstuffs until formula is found that supplies all the cheapest nutritional requirements. far as it is necessary to better balance the diet general, and in particular to prevent protein excesses. in (b) Average monthly lysine prices (45) When a change occurs on the market, the feed industry reacts quickly to movements in the price of ingredients, and immediately recalculates new formulae for the same sets of nutritional constraints. This can prompt swings in the volumes of lysine supplemented to feeds. If the cost of the feedstuff to which synthetic lysine is added exceeds the price of alternative naturally amino acid-rich feedstuffs, synthetic amino acids will only be used in so (46) (47) From the beginning of 1981 until the end of 1988, lysine prices had almost doubled. After this period lysine prices started to fall. The average monthly lysine prices which Eurolysine, ADM Ingredients, Kyowa Europe, and Sewon Europe charged their customers from 1991 to 1995 were the following: 1991 1992 1993 1994 1995 (DEM/kg) Eurolysine: 4,56 Kyowa: 4,61 Sewon: 4,22 Cheil: 4,20 Eurolysine: 4,49 Kyowa: 4,51 Sewon: 4,08 Cheil: 4,06 Eurolysine: 4,30 Kyowa: 4,33 Sewon: 4,14 Cheil: 3,92 Eurolysine: 4,23 Kyowa: 4,22 Sewon: 3,81 Cheil: 3,75 Eurolysine: 4,07 Kyowa: 4,10 Sewon: 3,81 Cheil: 3,83 January Eurolysine: 4,80 Kyowa: 4,80 Sewon: 4,41 Eurolysine: 4,13 Kyowa: 4,01 Sewon: 3,67 Cheil: 4,23 Eurolysine: 4,12 Kyowa: 3,95 Sewon: 3,94 Cheil: 3,94 ADM: 4,35 Eurolysine: 5,15 Kyowa: 5,11 Sewon: 4,92/4,98 Cheil: 4,56 February Eurolysine: 4,74 Kyowa: 4,81 Sewon: 4,17 Eurolysine: 3,78 Kyowa: 3,78 Sewon: 3,18 Cheil: 3,76 Eurolysine: 4,09 Kyowa: 4,06 Sewon: 4,01 Cheil: 3,79 Eurolysine: 5,12 Kyowa: 5,13 Sewon: 4,93/4,94 Cheil: 4,62 March April May June July Eurolysine: 4,52 Kyowa: 4,60 Sewon: 3,97 Cheil: 5,15 Eurolysine: 3,51 Kyowa: 3,60 Sewon: 3,01 Cheil: 3,31 Eurolysine: 4,02 Kyowa: 4,03 Sewon: 3,82 Cheil: 3,70 Eurolysine: 5,07 Kyowa: 5,07 Sewon: 4,81 Cheil: 4,57 ADM: 5,30/min. 5,20 Eurolysine: 4,35 Kyowa: 4,30 Sewon: 3,51 Eurolysine: 3,53 Kyowa: 3,54 Sewon: 3,07 Cheil: 2,99 Eurolysine: 3,72 Kyowa: 3,71 Sewon: 3,47 Cheil: 3,26 ADM: 3,15 Eurolysine: 4,96 Kyowa: 5,01 Sewon: 4,83/4,84 Cheil: 4,72 Eurolysine: 4,22 Kyowa: 4,15 Sewon: 3,21 Cheil: 3,83 Eurolysine: 3,52 Kyowa: 3,45 Sewon: 3,08 Cheil: 3,19 Eurolysine: 3,16 Kyowa: 3,03 Sewon: 3,01 Cheil: 2,58 Eurolysine: 4,95 Kyowa: 5,01 Sewon: 4,61 Cheil: 4,70 Eurolysine: 4,12 Kyowa: 3,75 Sewon: 3,20 Cheil: 3,76 Eurolysine: 3,18 Kyowa: 3,18 Sewon: 2,97 Cheil: 2,81 Eurolysine: 2,88 Kyowa: 2,82 Sewon: 2,87 Cheil: 2,41 Eurolysine: 4,84 Kyowa: 4,87 Sewon: 4,54/4,55 Cheil: 4,67 Eurolysine: 4,04 Kyowa: 4,25 Sewon: 3,47 Cheil: 3,58 Eurolysine: 2,69 Kyowa: 2,72 Sewon: 2,49 Cheil: 2,05 ADM: 2,80/3,00/3,15/3,40 Eurolysine: 3,08 Kyowa: 3,10 Sewon: 2,81 Cheil: 3,04 ADM: 4,00/4,80/5,60 Eurolysine: 4,83 Kyowa: 4,83 Sewon: 4,49/4,56 Cheil: 4,32 ADM: 5,10 August Eurolysine: 4,20 Kyowa: 4,50 Sewon: 3,79 Cheil: 4,78 September Eurolysine: 4,56 Kyowa: 5,10 Sewon: 4,01 Cheil: 4,52 Eurolysine: 2,74 Kyowa: 2,84 Sewon: 2,55 Cheil: 2,70 ADM: 3,50 Eurolysine: 3,00 Kyowa: 2,90 Sewon: 2,66 Cheil: 3,41 Eurolysine: 3,57 Kyowa: 3,38 Sewon: 3,45 Cheil: 3,77 Eurolysine: 4,79 Kyowa: 4,79 Sewon: 4,53/4,54 Cheil: 4,41 Eurolysine: 4,05 Kyowa: 4,01 Sewon: 3,94 Cheil: 3,95 Eurolysine: 4,81 Kyowa: 4,78 Sewon: 4,53 Cheil: 4,41 ADM: 5,10/minimum 5,00 7.6.2001 EN Official Journal of the European Communities L 152/29 1991 1992 1993 1994 1995 (DEM/kg) October Eurolysine: 4,70 Kyowa: 4,90 Sewon: 4,08 Cheil: 4,61 November Eurolysine: 4,63 Kyowa: 4,65 Sewon: 4,08 Cheil: 4,20 Eurolysine: 4,53 Kyowa: 4,60 Sewon: 4,04 Cheil: 4,01 December Eurolysine: 3,26 Kyowa: 3,01 Sewon: 3,11 Cheil: 3,33 Eurolysine: 3,42 Kyowa: 3,35 Sewon: 3,41 Cheil: 3,63 ADM: 3,75/4,35 Eurolysine: 3,64 Kyowa: 3,40 Sewon: 3,31 Cheil: 3,71 Eurolysine: 4,55 Kyowa: 4,48 Sewon: 4,55 Cheil: 4,23 Eurolysine: 4,93 Kyowa: 4,79 Sewon: 4,78 Cheil: 4,33 Eurolysine: 5,01 Kyowa: 4,92 Sewon: 4,87 Cheil: 4,49 ADM: 5,50 Eurolysine: 4,75 Kyowa: 4,79 Sewon: 4,55/4,50 Cheil: 4,48 Eurolysine: 4,69 Kyowa: 4,68 Sewon: 4,22/4,24 Cheil: 4,26 Eurolysine: 4,55 Kyowa: 4,64 Sewon: 4,21/4,22 Cheil: 4,36 (c) Annual lysine sales (48) The quantities of lysine which the undertakings concerned by this Decision sold each year were as follows (in tonnes): 1991 EEC World 1992 EEC World 1993 EEC, EU World 1994 EU EEA (excluding EU) World 1995 EU EEA (excluding EU) Ajinomoto 30 378 81 812 Ajinomoto 31 529 83 737 Ajinomoto 31 808 80 517 Ajinomoto 30 772 Kyowa 4 475 Sewon 3 505 38 590 32 429 Kyowa 6 455 Sewon 3 998 Cheil 1 115 5 480 Cheil 3 352 46 003 33 515 12 782 Kyowa 6 223 Sewon 4 802 Cheil 8 294 43 777 34 516 16 570 Kyowa 6 847 838 Sewon 4 815 994 Cheil 8 425 763 ADM 2 000 15 000 ADM 12 000 54 000 ADM 14 000 70 000 ADM 12 000 94 687 47 638 36 698 17 806 75 000 Ajinomoto 38 947 Kyowa 8 704 21 Sewon 8 056 Cheil 8 943 186 ADM 16 000 World 99 607 45 688 42 583 22 216 87 000 L 152/30 EN Official Journal of the European Communities 7.6.2001 E. DESCRIPTION OF EVENTS (55) (49) Until the early 1990s Ajinomoto/Eurolysine, Kyowa and Sewon were the only producers of synthetic lysine. Ajinomoto/Eurolysine was the market leader worldwide and also in Europe. At the beginning of the 1990s, ADM and Cheil were investing in lysine production capacity and prepared for their entry into the lysine market. 1. Asian/European cartel (50) (51) (52) the incumbent Asian The Commission has indications, that in the 1970s and 1980s, producers, Ajinomoto, Kyowa and Sewon, in one form or the other cooperated with the aim of fixing prices and volumes in Europe. lysine The first collusion the Commission is able to prove took place in July 1990. Moreover, when it became apparent that ADM and Cheil were investing in lysine production capacity in order the Asian/European cartel was the forum used to monitor closely the development of the new entrants’ potential to influence the competitive situation on the market. the lysine market, to enter (a) The beginning to a meeting between these In a letter to Ajinomoto dated 6 December 1990, two Sewon refers undertakings, which took place in July 1990. In this letter Sewon stated that, after the meeting, it was able to raise sharply the price of (cid:145)with the help of (Ajinomoto)(cid:146). In the light of the cooperation between the two companies on lysine prices and sales volumes, the which followed the meeting of Commission takes the view that Ajinomoto and Sewon during this meeting agreed on lysine prices to be applied in the world market. July 1990, lysine, (53) On 20 September 1990, Ajinomoto and Sewon met in Seoul. Ajinomoto informed Sewon that, the day before, its US subsidiary had announced a price increase, and that the new price would be the worldwide standard price (the European price was DEM 4,60/kg). Ajinomoto also referred to Kyowa’s intention to announce, on 24 September 1990 and in the USA, a corresponding price increase. Ajinomoto, Kyowa and Sewon had discussed the new prices by telephone prior to meeting and reached Sewon’s understanding that Ajinomoto requested Sewon to follow the price move. Sewon agreed to follow the prices indicated by Ajinomoto. agreement. tentative It was a (54) In December 1990 Ajinomoto and Sewon discussed the possibility for a further price increase. On 12 December 1990 Sewon informed Ajinomoto that it agreed to the worldwide increase of the lysine price. considered From the events concerning the price fixing of 20 September 1990 it is clear that Kyowa also participated in price agreements concerning Europe, as the American price was standard world price. the Moreover, the Commission takes the view that the price agreements reached between Ajinomoto and Sewon in July and December 1990 were not limited to these two companies. Firstly, the sharp raise of the lysine price in July 1990, to which Sewon’s letter of 6 December 1990 referred, would not have been possible without the lysine producer. involvement of Secondly, the Asian/European cartel demonstrates that Kyowa’s participation in the cartel was essential. Finally, in an internal document setting out the market allocation within the Ajinomoto/Orsan Group as discussed during the 23 June 1992 Mexico meeting, which Ajinomoto prepared in view of the 10 July 1992 Tokyo meeting, Kyowa is included under the title Old Club along with Ajinomoto, Sewon and Cheil. This is consistent with Ajinomoto’s suggestion that in the period prior for discussions of the European market did not come from Ajinomoto but rather from Sewon and Kyowa. the second largest to mid-1992 the the operation of initiative (b) Meeting of 18 February 1991 (56) On 18 February 1991, representatives of Ajinomoto, Kyowa and Sewon met and fixed the world market price for lysine, and in particular the price for Europe, being the then current Eurolysine sales price (i.e. DEM 4,70/kg). (57) As to quantities, Sewon agreed to limit its sales to the level of the previous year until ADM achieved full-scale production and sales, which was expected to happen in April or May 1991, in order to maintain the price. Kyowa insisted on the home-market principle. The participants agreed to sell, in 1991, within the export quantities of 1990. (c) Meeting of 12 March 1991 in Tokyo (58) The meeting took place in the Okura Hotel. The included representatives of Ajinomoto, participants Kyowa, and Sewon. The agenda for the meeting was prepared by Ajinomoto who also arranged the meeting. (59) At this meeting, Kyowa disclosed the following information on ADM: ADM’s 24 fermentors would be running normally by the middle of April; ADM would start to sell at around the beginning of May; ADM’s production plan was 27 000 t in the first year, 45 000 t the second year, and 60 000 t the third year; ADM planned to sell one half of its production on the US for export. Kyowa market reported that ADM intended to sell its product by following the other manufacturers’ selling prices. leaving the other half 7.6.2001 EN Official Journal of the European Communities L 152/31 (60) Ajinomoto disclosed information on Cheil’s production plant in Indonesia, gathered during a business trip to Indonesia. so as to maintain market shares. On 12 March 1992 the Asian producers met again to discuss ADM’s impending full entry into the lysine market. Prices were also discussed by telephone during this period. (61) to Europe, Thereafter, the participants discussed their own market behaviour. Sewon informed the other participants, that it wanted to sell, in the USA in 1991, the same quantity as in 1990, and that they would definitely maintain the the other participants base price. As complained about Sewon selling under the agreed price, i.e. DEM 4,70/kg. Sewon was requested not to sell under the agreed price and to maintain last year’s sales volume. It was noted that European local meetings dealt with the European price. The participants promised to keep the agreements on sales quantity and price made at this meeting until ADM and Cheil began significant market sales. In case of violations of the agreement, each company agreed to immediately contact the other parties by a (cid:145)hotline(cid:146), proposed by Ajinomoto. (d) Meeting of 4 July 1991 in Tokyo (62) The meeting took place at the premises of Ajinomoto. The participants included representatives of Ajinomoto, Kyowa, and Sewon. (63) (64) The participants exchanged information on ADM’s and Cheil’s production capacity and sales volumes. Some communicated the days before information on its production capacity and sales volumes to Ajinomoto by telephone. the meeting Cheil The participants then exchanged information on their own prices and sales volumes. In relation to Europe they referred to a regional meeting of 3 July 1991 where a price of DEM 4,30/kg was announced. The participants fixed the price for the USA and for Europe (DEM 4,30/kg). The price for Asia and Oceania was to be discussed at a later stage. As to quantities, the participants concluded that (cid:145)controlling volume will be a very tough issue(cid:146). (e) Follow-up (65) After ADM had commenced significant sales at low prices, Ajinomoto, Kyowa and Sewon met in Seoul, on 11 February 1992. They discussed ADM’s and Cheil’s market potential and prices. On 10 March 1992, Ajinomoto and Kyowa agreed to follow ADM’s prices, (66) On 30 March 1992 Sewon Europe reported to the Sewon headquarters in Korea on a (cid:145)trilateral meeting(cid:146) which apparently took place some days before. During this meeting Ajinomoto, Kyowa and Sewon evaluated the then current European lysine market. In particular, it was noted that the price increased by 5 % for Germany, Great Britain, the Netherlands, Luxembourg, and France, where prices were (around DEM 3,25/kg) than in other countries. The participants agreed that the European market should be maintained at DEM 3,76/kg. The next meeting was scheduled to be held on 30 April 1992 in Basel. In its to its headquarters, Sewon Europe expressed report doubts as to the likelihood that the discussed prices would the participating companies were different, and ADM and Cheil were not attending(cid:146). relatively lower the price for opinions (cid:145)because kept, the be of (67) On 5 May 1992 Sewon Europe reported to the Sewon headquarters in Korea on another trilateral meeting (probably held on 30 April 1992 in Basel) where Ajinomoto, Kyowa and Sewon had evaluated the then current European lysine market. the participants confirmed that the price for the European market should be maintained at DEM 3,76/kg. The next meeting was scheduled to be held on 3 June 1992 at a In its report to its location to be chosen by Sewon. headquarters, to Sewon Europe to discuss price increases in meetings that ADM and Cheil did not attend. it apparently seemed meaningless In particular, (68) On 19 June 1992 Ajinomoto, Kyowa and Sewon met. They concluded that the possibility of increasing prices by reducing the sales volumes of each company should be reviewed. In particular, the participants agreed that the problem of raising the price could be solved by having ADM agree to operate at only 80 % capacity. Moreover, Ajinomoto and Kyowa requested Sewon to reduce substantially its sales to the USA and Europe on the principle that the local producer should sell as much as possible in its region. 2. Global cartel (a) Background (69) ADM’s plant essentially doubled the world’s lysine production capacity. Already before and shortly after its market entry, ADM sent to the incumbent producers that, though it intended to be a big player in signals L 152/32 EN Official Journal of the European Communities 7.6.2001 the lysine market, it preferred to achieve its part of the market by coordination, rather than by a price war. In this context, ADM met Ajinomoto on 12 December, and Kyowa on 13 December 1991. On 11 February 1992, Ajinomoto and Kyowa informed Sewon of their respective meetings with ADM. (74) The participants also discussed what mechanism could be used to allocate quantities. ADM explained that competitors in the citric acid industry used both formal and informal means for keeping track of sales figures. (70) In order to convince the incumbent producers of the seriousness of its intentions and the penalties of not agreeing, ADM granted Ajinomoto, Kyowa, and Sewon the possibility of inspecting its production plant, and commenced significant sales at low prices. This caused the incumbent lysine producers, as of the beginning of 1992, to drastically lower lysine prices in an attempt to keep market situation, Ajinomoto and Kyowa agreed on 10 March 1992 that they should cooperate with ADM and begin meeting with ADM in order to prepare an agreement on prices and sales quantities (meetings of 14 April 1992 between ADM and Ajinomoto in Tokyo, of 16 and 17 April 1992 between ADM and Kyowa in Hawaii, and of 19 June 1992 (cid:151) the same day that Ajinomoto, Kyowa and Sewon met (cid:151) between ADM and Sewon in Decatur). In response to this shares. (71) These discussions led to the 23 June 1992 meeting in the beginning of ADM’s Mexico, which constitutes collusion with the members of the Asian/European cartel. (b) Meeting of 23 June 1992 in Mexico (72) and was meeting attended Kyowa ADM, The representatives. Ajinomoto/Eurolysine chaired the meeting. The Kyowa arranged participants decided that the Ajinomoto and Kyowa representatives would convey any results of the meeting to Sewon and Cheil after the meeting. and by the far as timing was (73) ADM’s primary goal was to have the same production share as that of the largest competitor, which would result in one third of total world demand for ADM, one third for the Ajinomoto group and, one third for Kyowa and the Korean producers. Kyowa and Ajinomoto expressed their disagreement with this proposal at least concerned. ADM then as suggested that it would implement its quota proposal over the second year, by allocating to it all extra market growth until it has reached Ajinomoto’s market share. For 1992, the proposed quota scheme was: Ajinomoto 66 000 t; ADM 48 000 t; Kyowa 34 000 t; Sewon 18 000 t and Cheil 6 000 t. Ajinomoto was prepared to accept 48 000 t for ADM in 1992 with the prospect of growth over time. ADM indicated that it would, in any event, implement the proposal on quantity as from 1 October 1992. (75) The participants agreed on the lysine price levels until October: USD 1,05/lb delivered (at the time USD 0,70/lb) with regard to North America (concerning Europe the participants considered that the price could be (cid:145)a little higher(cid:146) than in North America). Conditional on final agreement to the sales allocation proposal, the price was fixed at USD 1,20/lb for the end of the year. For the other territories, the target price was USD 2,30 cif (at that time below USD 2,00/kg cif). (cid:151) F o l l o w - u p (76) On 2 July 1992 Kyowa received a telephone call from ADM which indicated that it agreed to a production quota of 48 000 t for 1992, provided it achieved parity with Ajinomoto in three years. (77) On 10 July 1992, Ajinomoto and Kyowa met with the two Korean lysine producers in Tokyo at Ajinomoto’s premises. Ajinomoto informed the Korean producers on the sales allocation discussions with ADM of 23 June 1992. Ajinomoto and Kyowa presented an allocation plan based on every supplier’s market power and level of investment. It was proposed that Ajinomoto should have 73 500 t, Kyowa 37 000 t, ADM 48 000 t, Sewon 20 500 t, and Cheil 6 000 t for the first year. As to Europe, the allocation proposal was (out of 58 000 t): Ajinomoto 34 000 t; Kyowa 8 000 t; ADM 5 000 t; Sewon 13 500 t, and Cheil 5 000 t. If the demand in North America increased, the increased sales volume would belong to ADM, and any future increased sales in Europe would belong to Eurolysine. Ajinomoto said that if agreement between participants was reached, the final allocations would be agreed upon with ADM at the end of July. For quantity control purposes, all the companies should have quarterly meetings together to review and collect information concerning the production volume and sales figures of each company. Sewon was against a local quota It proposed that each party’s future allocation should be based on each party’s proportion of last year’s sales. requested a worldwide quantity allocation of Cheil 15 000 t. As no agreement was each participant was to return to headquarters to reconsider the subject and inform Ajinomoto of the results of their reconsideration by 17 July. Ajinomoto then explained the details of the meeting with ADM concerning prices, in particular to adjust the price to USD 1,05/lb in both Europe and America by 30 September 1992, and then further adjusting it to USD 1,20/lb by 30 December 1992. system based on competitiveness. reached, 7.6.2001 EN Official Journal of the European Communities L 152/33 in order (78) On 7 August 1992, the Asian producers met again in Tokyo at Ajinomoto’s premises. They continued the discussion in order to reach agreement on the reduction of lysine production volume. Ajinomoto informed the other participants that ADM was prepared to invite employees of its competitors to its production plant in Decatur to prove its production capacity. Sewon proposed a general reduction of production of 20 %. It suggested a revised quantity allocation plan as follows: Ajinomoto 64 800 t, ADM 48 000 t, Kyowa 33 600 t, Sewon 26 600 t, and Cheil 12 000 t. This revised plan was not agreed either, because Ajinomoto was not happy with the amount proposed for itself, and because Cheil insisted on 15 000 t. The participants nevertheless agreed to continue the discussion as to reduction of production. The proposed price increase was favourably received, but it was decided to discuss this matter further at the next meeting with ADM. Ajinomoto suggested that before the five companies to formulate a plan with met, different scenarios, and all the participating companies readily accepted this suggestion. Ajinomoto suggested that a further meeting should take place in Seoul. it would be better (79) On 27 August 1992, the Asian producers met again, this time in Seoul at Cheil’s premises. They continued the discussions of 10 July and 7 August 1992. The participants could not reach a conclusion on the next steps in the discussion with ADM concerning the sales quota allocation for lysine. The participants set out what in their view should be the purpose of the meeting with ADM: it is not the decision of the quantity allocation, but the price increase and the discussion of how, practically, to implement the price increase. Regarding the price, the participants agreed to the ADM plan to increase the American price to USD 1,05/lb as of 31 August 1992. The participants noted that ADM had already offered this price to customers. Ajinomoto’s and Kyowa’s US subsidiaries intended to announce from the middle of September. A price adjustment for Europe was to be decided by a Europe meeting. the confirmation of the new price as (80) On 8 September 1992 ADM and Ajinomoto met in Chicago. Ajinomoto suggested the allocation of lysine sales quotas not on a worldwide basis, but to restrict production according to the local market situation. ADM agreed but insisted on a total production quota of 48 000 t. Both participants confirmed the price increase to USD 1,05/lb, initially agreed by ADM and the Japanese producers at the Mexico meeting of 23 June 1992 and accepted by the Korean producers at the Seoul meeting of 27 August 1992. (c) Meeting of 1 October 1992 in Paris (81) The meeting was held in the Pullman Windsor Hotel, in Paris. The participants included representatives of ADM, fake Ajinomoto/Eurolysine, Kyowa, Sewon, and Cheil. The meeting was arranged by Ajinomoto/Eurolysine, which prepared a agenda. The participants discussed only prices. The five companies evaluated the impact of the agreed price levels and exchanged information on the acceptance of the price increases in the different regions. Fefana (82) referred to the price increases The participants in Europe, which had been fixed, first, at DEM 3,50/kg, and then at DEM 3,75/kg in the context of the Seoul meeting (27 August 1992). At the time of the meeting, the price announced by the producers was DEM 4,00/kg. All participants, however, admitted that this price was not yet applied in practice. The participants considered in particular that the European price at that time was 22 % higher than the US price. They were concerned that parallel importers would be attracted if the price differential increased and concluded that it was not possible to increase the European price further at that moment. Therefore the participants agreed to keep the price at DEM 4,00/kg, and to discuss a possible further increase at the next meeting. (83) ADM wanted to have fewer people in the price meetings for Europe, so ADM proposed that it would meeting. the attend not local manager Ajinomoto/Eurolysine meetings the most effective forums. Therefore, these meetings would President of continue, Eurolysine would himself report to ADM directly. considered the European local and the (84) The participants fixed the prices for the other regions, too. (85) The participants also discussed the possibility of the formation of an amino acid working group within Fefana. Ajinomoto was asked to find out how to set this up. (cid:151) F o l l o w - u p (86) On 29 October 1992 Kyowa discussed with Ajinomoto/Eurolysine the prices for lysine in Europe. (87) On 2 November 1992 Ajinomoto/Eurolysine and Sewon in Seoul. The participants discussed ADM’s met behaviour in the lysine market. Ajinomoto informed Sewon that ADM would try to increase the price to the point where market demand started to shrink, and that at that time ADM was happy with the allocation of 48 000 t sales volume. This was the reason why ADM did not mention quantity allocation in the Paris meeting of 1 October 1992. Ajinomoto expected that ADM would ask for a maximum quantity in 1993 and even more a end of 1993. The comprehensive agreement on production quotas was felt absence of the at L 152/34 EN Official Journal of the European Communities 7.6.2001 fact that to be a destabilising factor in terms of the relationship between the producers. However, this was attenuated by the everybody including ADM exercised self-restraint in its sales. Nevertheless the participants agree that more cooperation on quota would be necessary. Sewon was prepared to give in even to a 40 % reduction. (93) Because the producers believed their inability to come to a comprehensive volume agreement helped initiate and prolong the return to low prices, talks on sales quantity and Ajinomoto’s intention to have a meeting on the (cid:145)global (lysine) market(cid:146) around mid-January 1993. On 21 January 1993, ADM proposed to Kyowa a regional volume allocation. allocation resumed. It was ADM’s (88) At this meeting Ajinomoto/Eurolysine requested Sewon to stop sales in Europe for the next two weeks, to keep the price at DEM 4,25, and to limit sales quantity to 6 000 t per year. Unless Sewon reduced its sales volume in Europe, Eurolysine would institute an anti-dumping action against Sewon. Sewon confirmed its willingness to stick to the agreed prices, and agreed to limit its sales to Europe to 6 000 t per year. The participants agreed to have open and direct communication at the highest level if staff broke the agreement. no specific agenda, Ajinomoto (94) On 26 February 1993, Ajinomoto, Kyowa, Sewon and Cheil met at Ajinomoto’s premises in Tokyo. As there was proposed exchanging ideas about the lysine price decline on the world market and how prices could be raised again. Concerning Europe, the participants noted that the price was maintained, Sewon restricted their sales volumes. As to the global situation, the participants concluded that no progress could be made. because Ajinomoto and (89) On 4 November 1992, ADM and Ajinomoto discussed their lysine sales policies by telephone. The prices for Asia, North America and Oceania were confirmed in accordance with the Paris meeting of 1 October 1992. The price for Europe was set at DEM 4,25/kg. The participants noted that Sewon deviated from the agreed price levels in some respect. They considered that ADM should sell lysine in Korea (cid:145)so that Sewon will behave elsewhere(cid:146). (95) In order to revive the quota discussion, ADM’s and Ajinomoto’s upper management arranged to meet to enhance the relationship between the two market leaders and accelerate the process of developing a comprehensive volume agreement. Since Kyowa and Eurolysine wanted to express their views prior to the intended meeting between ADM and Ajinomoto, meetings were arranged between ADM and Kyowa on 15 April 1993, and among ADM and Eurolysine on 28 April 1993. (90) On 2 and 5 November 1992 Ajinomoto met Cheil in in terms of informed Ajinomoto that Seoul. Cheil cooperation, the lysine price increase was a substantial success and expressed their intention to continue the cooperation with regard to lysine prices. Concerning lysine quotas, however, the companies continued to disagree. (91) After the Mexico and Paris meetings, prices increased in some places, and in particular in the USA and in Europe, the undertakings concerned by this Decision blamed each agreements. other Consequently, the relationships among the producers deteriorated. everywhere. Accordingly, respecting price not not but the for (92) On 30 November 1992, Ajinomoto, Kyowa, Sewon and Cheil met at Cheil’s premises in Seoul. They noted that ADM was offering very low prices. However, the communication with ADM was interrupted due to a FBI search at ADM (which caused the then President of ADM’s Bioproducts Division to cooperate with the FBI in the US lysine investigation). The participants noted that they had no other choice than to wait until ADM re-established the communication. (96) In the course of its meeting with ADM on 15 April 1993, Kyowa argued that the volume should be cut by all competitors. (97) At their meeting on 28 April 1993, Eurolysine raised the possibility with ADM of dividing sales volumes only in those regions in which the price-fixing agreement had effectively raised prices in 1992. Concerning Europe, ADM and Eurolysine agreed that if the prices went up in Europe, the price agreement concluded in Mexico (23 June 1992), and that the only place where it was fully implemented was this region. it was because of (98) On 30 April 1993, Ajinomoto and ADM met at ADM’s premises in Decatur. The purpose of the meeting was to enable the top executives from the two biggest lysine producers to restore the relationship between the two companies and begin the process of developing a comprehensive volume agreement. During this meeting, company ADM alluded to the controlling its sales force in order to maintain high prices, and explained that its sales people have the general tendency to be very competitive and that, unless the producers had very firm control of their sales a price-cutting problem. people, there would be importance of a 7.6.2001 EN Official Journal of the European Communities L 152/35 Ajinomoto indicated that everybody now understood it is necessary to adjust supply. ADM and Ajinomoto representatives arranged for another meeting which occurred on 14 May 1993 in Tokyo. (99) Both ADM and Ajinomoto informed Kyowa on their Decatur meeting. then be the following: Ajinomoto 81 200 t, ADM 60 000 t, Kyowa 44 400 t, Sewon 32 900 t, and Cheil 13 500 t. Ajinomoto proposed to hold quarterly meetings by each region and to have a communication system. The participants confirmed the price increases in the different regions. In relation to Europe, the price was set at DEM 3,20/kg (on the basis of the confirmed price of USD 0,81/lb) and at DEM 4,20/kg when the US price rose to USD 1,05/lb. the to continue (100) On 14 May 1993 ADM and Ajinomoto/Eurolysine met in Tokyo in order discussion commenced in Decatur. The participants argued over the size of the current market and ADM’s share of that market. ADM requested 65 000 t for 1993. They again discussed the mechanism needed to obtain and police a sales volume agreement. ADM stated that the way for them to communicate is through a trade association. ADM explained by way of example that ADM reported its citric acid sales every month to a trade association, and every year, Swiss accountants audited those figures. ADM said lysine sales could likewise be reported to, e.g. Ajinomoto, which could then report back to each results. ADM stated this every member’s member reporting must be very confidential. (d) Meeting of 24 June 1993 in Vancouver (105) The meeting was held in the Hyatt Regency Hotel in Vancouver. The participants included representatives of ADM, Ajinomoto/Eurolysine, Kyowa, Sewon, and Cheil. (106) The of on the following points were agenda: 1. examination 2. recent market production/sales volume adjustment for each company, 3. price increase schedule, 4. communication system (especially regional meetings), and 5. establishing the lysine cooperative organisation. conditions, (101) Ajinomoto reported to Kyowa on its Tokyo meeting with ADM. Both producers agreed that ADM’s 1993 volume allocation request was unacceptable and that Sewon should be involved in the volume discussion. (102) On 27 May 1993 Ajinomoto and Kyowa met Sewon and informed Sewon of ADM’s volume request for 1993. Ajinomoto referred to the good results of cooperation in the past, but ADM’s entrance in the market has complicated matters. Sewon confirmed that it always was ready to negotiate and to proceed by discussion with Ajinomoto and Kyowa. The participants felt the need to convene a meeting between the five producers in order to adjust volume. Ajinomoto wanted to take initiative in negotiating with ADM, whilst Sewon should persuade Cheil. (103) On 1 June 1993 ADM informed Kyowa that it had decided to stop the decrease of the lysine price in Europe, and that it had announced the day before a price increase to USD 0,81/lb. to be followed in the next (104) On 18 June 1993 Ajinomoto, Kyowa, Sewon and Cheil met in the Sankei-Kaikan Hotel in Tokyo to discuss the tactics five producers’ meeting scheduled to take place in Vancouver on 24 exchanged price and June 1993. The participants they volume information by region. On that basis, discussed different sales allocation schemes on the basis of Ajinomoto’s first proposal (54 000 t for ADM) and ADM’s request (65 000 t). The plan for the meeting with ADM was to insist on 54 000 t in order to reach an agreement on 60 000 t. The final allocation would (107) The participants noted that the price increases in the USA and in Europe were successful, but the agreements for South and Central America, as well as for Asia were not properly executed. Participants envisaged having a stepped increase in prices from USD 0,81/lb, if possible, finally to USD 1,20/lb. to USD 1,10/lb, and, to USD 0,95/lb, that (108) Ajinomoto presented a table on volume allocation on the basis of 54 000 t allocation for ADM. ADM insisted on maintaining its current production volume, i.e. 65 000 t. Cheil instead of the insisted on 15 000 t, 14 000 t proposed by Ajinomoto. It was agreed to have a president’s meeting to solve the problem. (109) Concerning the communication system, the Japanese wanted to have local meetings; ADM was opposed and requested direct communication to its headquarters. (110) All except Cheil agreed to form an official lysine corporation, to be managed by Ajinomoto and ADM. (cid:151) F o l l o w - u p (111) Ajinomoto and ADM agreed to have a meeting on 5 October, in Paris, to be arranged by Ajinomoto. The main agenda points were to be price/quantity and association. ADM informed Ajinomoto its production levels in the past nine months were the equivalent of 65 000 t per annum, which was an that L 152/36 EN Official Journal of the European Communities 7.6.2001 acceptable minimum quantity for ADM. ADM stated that parity in market shares with Ajinomoto, which ADM wanted to achieve, could be delayed for another two or three years. producer would be allocated. ADM stated that the other lysine producers could each sell 2 000 t more than they sold in 1993, and that ADM and Ajinomoto would share the remaining growth in worldwide lysine sales in 1994. ADM agreed to this plan and was charged to get the other producers to agree to this allocation scheme. (e) Meeting of 5 October 1993 in Paris (112) The meeting was held in the Grand Hotel in Paris. The included representatives of Ajinomoto/ participants and Cheil. The Eurolysine, ADM, Kyowa, Sewon, meeting was arranged by Ajinomoto, which also prepared the agenda and chaired the meeting. The subjects of the meeting were the establishment of an amino acid producers’ association under the umbrella of Fefana, agreement on prices for the fourth quarter of 1993, and sales volume allocation for the next year. (113) Ajinomoto reported the progress made in creating a producers’ association. (114) Concerning market trends, the participants noted that the Mississippi flood in the summer of 1993, which destroyed the US soybean crop, caused an increase in grain prices but resulted at the same time in excessive lysine stocks. They therefore expected a decrease in to prevent a price decrease, orders, and in order supplies had to be reduced. Concerning Europe, the participants envisaged a 40 % to 50 % reduction. (115) In the framework of the price review by region, the participants realised that the European price agreed at a i.e. DEM 5,30/kg, was much higher regional meeting, than the price in other regions. It was agreed to keep the European price at this level. (116) For the period October 1993 to September 1994 each company claimed its production volume. It was noted that Cheil claimed 22 000 t, which was different from the quantity that the Vancouver meeting (24 June 1993). ADM could not decide at time on a reduction of production volume, so it was determined that top management at ADM and Ajinomoto would become directly involved in the quantity discussion. this company alluded to at that (118) After the Irvine meeting, the Asian producers discussed the volume proposal reached in Irvine. Both Cheil and Sewon wanted more volume. As a result, Cheil did not attend the next meeting, which took place on 8 December 1993 in Tokyo. (f) Meeting of 8 December 1993 in Tokyo (119) The meeting was held in the Palace Hotel in Tokyo and included representatives of Ajinomoto/Eurolysine, ADM, Kyowa, and Sewon. (120) The participants reviewed lysine prices region by region. They noted that the prices agreed at the Paris meeting (5 October 1993) were not implemented. Concerning Europe, the current price was DEM 5,00/kg instead of DEM 5,30/kg as agreed, and this in spite of the fact that each producer had limited its sales. It was agreed to keep the European price at DEM 5,30/kg for the first quarter of 1994. fully (121) During the meeting, fine-tuned the the producers volume allocation plan developed by ADM and Ajinomoto in Irvine. Sales quantities were allocated by supplier worldwide and by region, including Europe. Worldwide, ADM was allocated 67 000 t (plus a portion of 1994 growth); Ajinomoto, 84 000 t; and Kyowa 46 000 t. ADM, Ajinomoto and Kyowa each agreed to the volume allocation scheme. Sewon was to receive either 34 000 t or 37 000 t, depending on whether Ajinomoto and Kyowa agreed to an audit of their 1992 sales volumes. Sewon agreed to this proposal. (cid:151) F o l l o w - u p (117) On 25 October 1993, the top management of ADM and Ajinomoto met in Irvine. The participants discussed how to allocate 1994 sales volumes for each lysine lysine each producer. They analysed the volume of producer would sell by the end of 1993, and then ADM proposed using those figures to calculate 1994 sales volume allocations for each lysine producer. They discussed how much the market would grow in 1994 the growth in the market each and how much of (122) ADM named Ajinomoto as the office to which each lysine producer would provide monthly sales figures. Ajinomoto’s job would be to keep track of the figures so that the producers could make adjustments in their sales to limit the overall annual sales to the agreed maximums. Regarding the submission of monthly sales numbers, ADM told the others that they had (cid:145)to watch their telephones and to be very careful(cid:146). ADM further the producers attend trade association proposed that their price and sales meetings quarterly to adjust volumes according to their agreements. It explained how forming an industry association could provide a 7.6.2001 EN Official Journal of the European Communities L 152/37 seemingly legitimate, but artificial, reason to meet, and thus conceal the fact that purported competitors were secretly meeting to discuss prices and sales volumes. ADM described how to have (cid:145)official(cid:146) and (cid:145)unofficial(cid:146) meetings. ADM explained that while attending an official industry association meeting, one person would book a hotel suite and quietly notify the others, and then they would secretly meet to discuss prices and sales volumes away from the official meeting. The participants agreed to proceed in this way. (cid:151) F o l l o w - u p the upper management of the Asian companies would decide the audit issue at a later meeting. (128) In the afternoon Cheil, which had not participated in the morning meeting because Cheil wanted a larger sales volume allocation as previously agreed by the other producers, was offered a quota of 17 000 t. Cheil agreed on this offer and the report of sales figures. (129) The participants (including Cheil) then discussed and agreed upon prices to charge for lysine for the second quarter of 1994 on a country-by-country basis within each of the following regions: North America, Central and South America, Europe, the Middle East, Africa and Asia. (123) There was discussion between the Asian producers about the audit of sales figures. (130) in order (124) On 1 February 1994 ADM Ingredients met with Eurolysine. They discussed the price level at that time to and decided to slow down deliveries maintain the price. This was the first meeting between European representatives of lysine producers after the (cid:145)trilateral meetings(cid:146) in the first half of 1992 (paragraphs 75 and 76), of which the Commission possesses direct evidence. However, it is clear from the evidence directly concerning other meetings (27 August 1992; 1 October 1992; 5 October 1993), that during the whole period covered European representatives of the lysine producers fine-tuned the decisions taken at world level. investigation present the by (125) On 26 January 1994 the first official meeting of the Fefana amino acid working party was held in the Fefana offices in Brussels. On 15 February 1994, Eurolysine invited the other lysine producers to a fake Fefana (cid:145)task force meeting(cid:146) in Honolulu. (g) Meeting of 10 March 1994 in Honolulu (126) The meeting was held in the Sheraton Makaha Resort of participants were Hotel. Ajinomoto/Eurolysine, ADM, Kyowa, Sewon and Cheil, Kyowa chaired the meeting. representatives The their sales volume numbers (127) The meeting in Hawaii was the first meeting held since Ajinomoto/Eurolysine, ADM, Kyowa and Sewon had decided to submit to Ajinomoto. During the morning Ajinomoto/Eurolysine, ADM, Kyowa and Sewon discussed and analysed their sales figures in relation to the target established at the Tokyo meeting (8 December 1993). They then discussed whether or not to submit their figures for verification through an audit. Since there was no progress on this issue, the participants agreed that figures sales In the European market, it was noted that the current price was below DEM 5,00/kg and end-users seemed to be waiting for it to drop further. Furthermore, stock levels seemed to have dropped, apparently due to manipulation by traders. The participants agreed, with immediate effect, that the price for Europe was to be DEM 5,20/kg. (131) ADM and Ajinomoto suggested that the next official amino acid working party meetings could be used as a (cid:145)cover(cid:146) for the producers’ conspiratorial meetings. (cid:151) F o l l o w - u p The Japanese companies wanted (132) On 15 March 1994, Ajinomoto, Kyowa and Sewon met in the Royal Hotel in Tokyo. The participants discussed the selection of accounting firms to verify the sales volumes. each company to use their own accounting firms, Sewon proposed the appointment of one accounting firm to examine each company. They agreed to continue the discussion at the next meeting. Sewon’s sales allocation quantity for 1994 was once again discussed. The Japanese companies referred to 34 000 t, based on Sewon’s actual sales volume of 1992. Sewon claimed If, however, the accounting firm’s auditing 37 000 t. results indicated Ajinomoto and Kyowa’s 1992 sales result to be 84 000 t and 46 000 t respectively, then Sewon would agree to sell 34 000 t in 1994, but over 37 000 t in 1995. (h) Meeting of 19 May 1994, in Paris (133) On 19 May 1994 at the occasion of the second official Fefana amino acids working party meeting, which took place in Paris, the five lysine producers met unofficially at the Grand Hotel. (134) The participants discussed and analysed their figures, which they had reported to Ajinomoto, relation to the target sales figures established at sales in the L 152/38 EN Official Journal of the European Communities 7.6.2001 Tokyo meeting (8 December 1993). Ajinomoto stated that Sewon had exceeded the proportionate quantity of the annual total of 34 000 t and that they must buy from other companies the exceeding quantity at the end of the year. Sewon stated that it had only agreed to 34 000 t, on condition of an independent audit of the 1992 sales figures of each of the other producers. Given that ADM, Ajinomoto and Kyowa claimed that any accounting firm other than the ones currently used by these producers was not acceptable, Sewon insisted on 37 000 t. ADM warned Sewon to reduce its sales or there would be pressure on price. (135) The participants then discussed prices by region. In relation to Europe, agreed on a minimum price of DEM 5,10/kg starting from the 25 May of that year. The participants expected these prices to hold until the next time they met. the participants There was some discussion of US cargo entering Europe at about DEM 4,60 and the impact of the weak US dollar. (i) Meeting of 23 August 1994 in Sapporo (140) The meeting was held in the Hiroshima Prince Hotel in Sapporo. The participants were representatives of Ajinomoto/Eurolysine, ADM, Kyowa, Sewon and Cheil. Eurolysine had invited the other lysine producers to a fake Fefana (cid:145)task force meeting(cid:146). (141) The participants discussed and analysed their figures, which they had reported to Ajinomoto, relation to the target sales figures established at Tokyo meeting (8 December 1993). sales in the (cid:151) F o l l o w - u p (136) At the end of May/beginning of June 1994 ADM set its sales targets and target prices in an internal meeting held in St Louis. The European sales organisation was disciplined to stay at the target price of DEM 5,10/kg. (137) On 16 June 1994 at the occasion of an official Fefana meeting in D(cid:252)sseldorf, ADM Ingredients, Eurolysine, Kyowa Europe and Cheil met unofficially. Eurolysine commented on the current European market situation, including prices country by country. The participants noted that prices were dropping below DEM 4,70/kg. Everyone agreed to keep the price at DEM 5,10/kg. (138) On 30 June 1994 Eurolysine met Sewon Europe. Eurolysine gave explanations concerning the D(cid:252)sseldorf meeting of 16 June. Sewon noted that actual market prices had always dropped after the announcement of price increases, because Eurolysine announced a price increase after securing orders from big customers at the old price. It concluded that the actual price could not be increased. The participants also exchanged their views concerning the market situation in different countries. (139) On 19 July 1994 at the invitation of Eurolysine, which prepared a fake Fefana agenda, ADM Ingredients, Eurolysine, Sewon Europe and Cheil met at the Hyatt Regency Hotel. The participants agreed to keep the following prices (per kg) until the year: Germany DEM 5,10, France FRF 17,50, Belgium BEF 105, the Netherlands NLG 5,70, the United Kingdom GBP 2,10, Spain and Portugal ESP 430 (minimum 425), Italy ITL 5 200, Austria ATS 36. They agreed to coordinate their attitudes toward certain clients, which were difficult to approach individually by each supplier. the end of (142) Sewon’s sales allocation quantity for 1994 was once again discussed. Ajinomoto understood that Sewon’s quota of 37 000 t was limited to 1994 and not the basis for the 1995 allocation. Sewon replied that unless its 1995 sales volume allocation was 50 000 t, it had no intention to further negotiate any sales quantities. Because the quantity Sewon demanded was beyond the expectations of the other companies the meeting was discontinued for consultation purposes. (143) After the meeting resumed ADM threatened the other participants with a new price war and predicted that Sewon would be severely damaged not only in the overseas markets but in the Korean market too. Kyowa reminded the others that it was possible to maintain high prices based on cooperation and mutual efforts. Kyowa asked Sewon if they were going to instigate another price war. Sewon responded that it could not cooperate with the other companies on production quantities but It was concluded that Sewon’s future status could be that of an observer and not a participant in the quota allocation scheme. It was decided to leave this question to a top management meeting. it could cooperate on pricing. (144) The participants further discussed actual and future price strategies and market developments for each region. In relation to Europe the participants decided not to increase the price due to the German mark’s appreciation compared to the US dollar. (cid:151) F o l l o w - u p (145) On 7 September 1994 ADM Ingredients, Eurolysine, Sewon Europe and Cheil met at the Hotel Frankfurter Hof in Frankfurt. The participants reviewed the results 7.6.2001 EN Official Journal of the European Communities L 152/39 sales figures reduced from 91 400 t of the Sapporo meeting (23 August 1994). ADM Ingredients, Eurolysine and Cheil expressed concerns regarding Sewon’s sales quantity claim. The participants then discussed and analysed their in relation to the agreed sales quotas. ADM Ingredients proposed that the total 1994 sales quantity in Europe should be to 80 000 t. Eurolysine supported the proposal, saying that demand in Europe was down (largely due cheap availability of soybean meal). However, both Cheil and Sewon Europe disagreed with the proposal, on the basis that 80 000 t was far too little for the European market. The participants finally decided on the lysine price (per kg): the United Kingdom GBP 2,10 to 2,25; Spain at least DEM 5,10 to 5,20; other countries around the DEM 5,00 to 5,10 level. to the (146) On 13 October 1994 ADM met with Ajinomoto at the Four Seasons Hotel in Chicago. The participants discussed the problems they were facing because Sewon was now insisting on expanding its lysine plant capacity in 1995. Ajinomoto informed ADM that Sewon had stopped submitting its sales volume figures. (j) Meeting of 26 October 1994 in Zurich (147) The meeting was held in the Dolder Grand Hotel Zurich. The Ajinomoto/Eurolysine, ADM, Kyowa, Sewon and Cheil. participants were representatives in of its (148) Deviating from the initial agenda, Ajinomoto asked Sewon, at the beginning of the meeting, whether its volume policy announced at the Sapporo meeting (23 August 1994) had changed and what its 1995 sales target would be. Sewon answered that its policy had not changed and that target was 50 000 t. sales Ajinomoto then made a quantity allocation proposal that was accepted by all participants except Sewon. Sewon claimed that it could not agree to that proposal because its priorities for 1995 were 50 000 t and 20 % market share. Sewon informed the other participants that its 1995 budget price was USD 2,20/kg. The other participants in if implementing its increase, then they would all increase their sales as well. Moreover, ADM threatened to increase its sales on the Korean market from 1 000 t per year to 5 000 t per year if Sewon persisted in raising its worldwide sales to 50 000 t. ADM also said that it could force the standard price of lysine down to USD 1,30/kg in order to force Sewon back to the negotiating table. ADM referred to the fact that Sewon was financially the weakest company, implying that it could be the target of a take-over. Kyowa also suggested buying out Sewon if the latter insisted on a 50 000 t capacity. It directly inquired as to who was the second largest shareholder in the company. Sewon proposed to persisted Sewon that said discuss prices without further quantity negotiations. The other participants rejected this on grounds that price negotiations were meaningless without having a quantity agreement first. The meeting was dissolved after ADM had left the meeting. (cid:151) F o l l o w - u p (149) On 23 and 24 November 1994 Ajinomoto met Sewon in Seoul in order to clarify the situation after the Zurich meeting (26 October 1994) and to prepare for the next meeting. Sewon indicated that a new plant was being built for the Chinese market and that it intended to increase its capacity to 50 000 t by 1995/96 as the 39 000 t proposed in Zurich was not acceptable considering its level of it was agreed that Sewon should continue to cooperate on prices with its competitors. Moreover, it was agreed that Sewon should maintain its production at 37 000 t for 1994, and continue to send monthly sales reports over the next year (at this point Ajinomoto had received the August and September reports). Ajinomoto reported the results of the meeting to ADM, Kyowa and Cheil. investment. However, (150) On 1 December 1994, at the occasion of an official Fefana meeting in Amsterdam, ADM Ingredients, Eurolysine, Kyowa Europe and Cheil met unofficially. They exchanged information on prices and quantities. It was suggested that there was no reason to have a lower price in Europe than in the USA and that therefore a European price of DEM 4,90/kg was justified. The participants agreed to set DEM 4,90/kg as the offer price and DEM 4,80 as the minimum price. They furthermore agreed to minimise supplies at the existing price of DEM 4,40 to 4,50. (151) On 6 December 1994 ADM Ingredients and Eurolysine met Sewon Europe in Frankfurt. The purpose of the meeting was in particular to explain to Sewon the price discussion that took place at the Amsterdam meeting (1 December 1994). The participants also compared the actual sales (January to September), the expected sales (by end of December), and the allocated quantities for Europe. Sewon Europe stated that basically it did not want price decreases and wanted to maintain the agreed prices, but that such agreed prices had been rendered meaningless due to the fact that Eurolysine was selling quantities in advance at a price lower than the agreed price. If this situation continued, Sewon would sell at whatever prices it could. It would keep the agreed price levels only if they were in line with market conditions. As suggested that case, Sewon Europe producers should stop selling for two weeks in Spain, and resume selling when the agreed price was reached and ADM Ingredients in the market. Eurolysine a model L 152/40 EN Official Journal of the European Communities 7.6.2001 informed Sewon Europe that they had announced the agreed new price that day. for the first quarter of 1995. Kyowa was informed of the results by phone. if companies started a price war, (152) On 12 December 1994, Ajinomoto and Sewon met again in order to continue their discussions started on 23 November 1994 in Seoul. Ajinomoto stated that that lysine producers maintained communications year, all It warned and were happy with the achieved prices. it was Sewon that, certain that everyone would suffer losses. Therefore, they urged Sewon to find points that all could agree on. Sewon stated that, in 1995, its policy was to achieve 20 % market share and to sell 50 000 t. However, Sewon was willing to reduce its sales to 46 000 t. Ajinomoto proposed a sales volume for Sewon of 40 000 t and to purchase the extra quantity of 6 000 t from Sewon in order to sell it under Ajinomoto’s brand. Sewon rejected that proposal and insisted on 46 000 t own sales. It, nevertheless, promised to keep the price at Ajinomoto’s level. (158) On 9 March 1995, at the occasion of an official Fefana meeting in Basle ADM Ingredients, Eurolysine, Sewon Europe, and Cheil met unofficially in the Hilton Hotel. The purpose of the meeting was a price adjustment for the second quarter of 1995 with the weakening US dollar and stronger German mark. The participants expected continuous price weakening due to the traders’ activities of importing the product from the USA where the price was at USD 2,64/kg. Taking this into account, the participants agreed on the following prices/kg: the United Kingdom GBP 1,95 to 2,00; Spain DEM 4,10; Italy ITL 5 200 to 5 300; France FRF 15,70 to 16,00; other European markets DEM 4,40 to 4,50. There was a discussion between Sewon and ADM concerning the supply to each other’s in the United Kingdom. customers (k) Meeting of 18 January 1995 in Atlanta (l) Meeting of 21 April 1995 in Hong Kong (153) On 18 January of 1995, Ajinomoto/Eurolysine, ADM, Kyowa, Sewon and Cheil met in Atlanta. representatives same year. They concluded that (154) The participants compared the allocated production quotas for 1994 with the actual sales figures realised during the the difference between allocated quota and actual sales of each company was not excessive and that therefore the price the participants resolved to allocate sales quotas on the basis of size for 1995. All participants, except Sewon, which requested a higher market share, agreed to maintain the market share, allocated for 1994, i.e. Ajinomoto 33 %, ADM 27 %, Kyowa 19 %, Sewon 14 %, Cheil 7 %. could be maintained. Furthermore the estimated market level (155) All participants, including Sewon, agreed to continue to report monthly sales results to Ajinomoto. (156) With regard to prices, the participants agreed, inter alia, to increase the European price from DEM 4,50/kg to DEM 4,90/kg, with an exceptional minimum price of DEM 4,80/kg. (cid:151) F o l l o w - u p (159) The meeting was held in the Regent Hotel Kong. The participants Ajinomoto/Eurolysine, ADM, Kyowa, Sewon and Cheil. in Hong included representatives of (160) The participants compared the allocated production quotas for 1994 and January to March 1995 with the actual sales figures realised during the same period. Because Sewon had increased sales volume beyond its 1995 share, there were strong protests from the other companies. Sewon reconfirmed that its target volume was unalterable. Ajinomoto and Kyowa urged Sewon to reduce sales volume because the market price would suffer. Sewon pointed out that the market price had fallen despite their increased sales volumes. (161) Furthermore, the participants discussed sales prices region by region. Concerning Europe, the participants agreed to decrease the previously agreed price of DEM 4,80/kg (meeting of 18 January 1995) to DEM 4,50/kg. The plan was to discuss the price again at a meeting between the people in charge of sales in Europe. (162) The participants noted that lysine causing resold requested in Europe the premix companies drop. of that Ajinomoto re-exporting the product originally imported from other regions should be blocked. He also requested Sewon to stop Sewon’s distributor in Canada from selling to regions other than Canada. price activities traders’ a (157) On 30 January 1995 European representatives of amino acid producers met, apparently in order to review prices (163) It was finally agreed that Kyowa would be the host for the next meeting in the Cayman Islands, which was scheduled for 7 July 1995. 7.6.2001 EN Official Journal of the European Communities L 152/41 (cid:151) F o l l o w - u p ADM issued a press release on the investigations which took place at its subsidiaries. (164) On 27 April 1995 ADM Ingredients, Eurolysine, Kyowa Europe, Sewon Europe and Cheil met in the Sofitel Hotel in Brussels. The participants compared their sales volumes in Europe (including Africa and the Middle East) during the first quarter of 1995. Sewon’s sales volume was estimated, and this company was asked to submit actual data. The other participants complained about Sewon’s sales volume increase. The participants then reviewed the price discussion that had taken place at the Hong Kong meeting (21 April 1995). After this, they entered into a detailed price discussion concerning Europe. They decided a minimum of DEM 4,25/kg as the European price, and set the prices by each currency. These prices were to be applied for deliveries from 27 April to late June. Afterwards, a price of DEM 4,50 was to be announced. The participants agreed on the explanation to be given to buyers. It was also agreed not to include in the contract a clause on most favourable treatment. The next meeting of the European representatives was scheduled for 19 May 1995, in Utrecht. (165) On 23 May 1995, apparently at the occasion of the official Fefana task force meeting on environmental pollution, ADM Ingredients, Eurolysine, Kyowa Europe, Sewon Europe and Cheil met. The participants exchanged detailed information on prices and quantities applied by in different European countries. The new European price valid from the Monday following the meeting was set at DEM 4,25/kg. The participants then set the price by each European currency. All participants agreed to firmly respect that level. The idea of dividing customers amongst producers was put forward. each producer (166) On 27 June 1995 the FBI searches of the offices of Sewon Lysine and ADM, Ajinomoto’s Heartland America took place. F. THE COMMISSION’S PROCEDURE (167) In July 1996, immediately after the publication of the Commission notice on the non-imposition or reduction of fines in cartel cases (5) (leniency notice), Ajinomoto offered to the Commission, on the basis of that notice, its full cooperation in establishing the existence of a cartel in the lysine market and its effect in the EEA. It later submitted evidence in this respect and continued to supplement this information. (169) Immediately after the investigations at ADM and Kyowa, Sewon Europe and the European sales office of Cheil were informed by the Commission, by telephone, that the Commission had opened a proceeding under Article 81 of the EEA Agreement. the EC Treaty and Article 53 of (170) A few days after the investigation at their premises, Kyowa indicated its possible willingness to cooperate with the Commission. After discussion with the Commission on the terms of reference concerning its possible cooperation, Kyowa submitted business records and subsequently its an oral chronology of meetings and other contacts between lysine producers. Thereafter, it continued to supplement this information. representatives gave (171) On 28 July 1997 the Commission addressed requests for information in accordance with Article 11 of Regulation No 17 to ADM, ADM Ingredients, Sewon, Sewon Europe and Cheil concerning their behaviour in certain amino acid markets, and in particular business records of the cartel meetings which were identified in the request. (172) After having received the request for information, Sewon indicated its willingness to cooperate with the Commission. It provided minutes of meetings between lysine producers. Sewon also provided details of meetings for which the Commission had made no request. It continued to supplement this information. It had, however, (173) Cheil replied that there were no complete or accurate records of the meetings identified in the Commission’s request. interviewed each and every member of staff who participated in the meetings in order to obtain a detailed account of what was actually discussed. Cheil also provided details of meetings for which the Commission had made no request. the requested providing (174) As ADM and ADM Ingredients did not respond to the Commission’s request within the time limit fixed by it for the Commission, by registered letter of 14 October 1997, reminded both companies that it had not received any, or part, of the information requested. In this letter the Commission expressly stated that the delay in replying to the request for information hindered the conduct of this case. information, (168) On 11 and 12 June 1997 the Commission carried out investigations ordered by decision at two European subsidiaries of ADM and the offices of Kyowa Europe. (5) OJ C 207, 18.7.1996, p. 4. (175) Eventually, on 24 October 1997 ADM Ingredients answered the Commission’s request in relation to lysine, but submitted no information concerning other amino acids. ADM did not answer at all. L 152/42 EN Official Journal of the European Communities 7.6.2001 (176) On 29 October 1998 the Commission initiated proceedings in the present case and adopted a statement of objections against companies to which this Decision is addressed. All parties submitted written observations in response to the Commission’s objections. An oral hearing took place on 1 March 1999. On 16 August 1999 the Commission issued a supplementary statement of objections. G. THE LYSINE INVESTIGATION IN THE USA (177) On 27 June 1995, after more than two years of secret the FBI searched the offices of ADM, investigation, Ajinomoto’s Heartland Lysine and Sewon America. (178) sales volumes of In August and October 1996 the parties were charged by the US authorities with engaging in a conspiracy to suppress and eliminate competition by fixing the price and allocating the lysine. The defendants signed plea agreements to pay fines. ADM paid a then record fine of USD 70 million (out of USD conspiracy). a 100 million including Ajinomoto and Kyowa agreed in their plea agreements to pay fines of USD 10 million each and Cheil agreed to pay USD 1,25 million. As the US Government prosecuted only Sewon’s US subsidiary, Sewon America. to Sewon, citric acid (179) On 4 November 1992 the former President of ADM’s Bioproducts Division, who served this undertaking during the relevant period, began working with the FBI. He agreed to follow all directions given by FBI agents. Currently, the former President of ADM’s Bioproducts Division is serving a nine-year prison term for the theft of nearly USD 10 million from ADM. (180) On 9 July 1999 a US judge sentenced the former vice chairman of ADM and two former executives to prison and to pay fines for their roles in the conspiracy which is the subject of the present proceeding. H. THE LYSINE INVESTIGATION IN CANADA (181) On 27 May 1998 the Canadian authorities announced that ADM pleaded guilty to having participated in price-fixing and market-sharing conspiracies and were fined CAD 16 million. The fine imposed on Ajinomoto was CAD 3,5 million, while the fine imposed on Sewon was CAD 70 000. Cheil was not prosecuted in Canada because during the conspiracy period Cheil did not sell any lysine in Canada. Kyowa was granted immunity. II. ASSESSMENT A. JURISDICTION the this European of established outside (182) These proceedings concern agreements concluded inside and outside the EEA by companies established inside and outside region. According to established case-law of the Court of Justice and the Court of First Communities, where Instance producers the EEA region sell directly to purchasers established in the EEA region and engage in price competition in order to win orders from those customers, that constitutes competition within the common market. It follows that where those producers agree on the prices and on the allocation of sales volumes, and put that coordination into effect in the EEA region, they are taking part in agreements which have the object and effect of restricting competition within the common market, within the meaning of Article 81(1) of the EC Treaty and Article 53 of the EEA Agreement. (Judgment in Joined Cases 89, 104, 114, 116, 117 and 125 to 129/85 Ahlstr(cid:246)m) (6). B. ARTICLE 81 OF THE EC TREATY AND ARTICLE 53 OF THE EEA AGREEMENT (183) The Commission the that considers companies concerned by this Decision infringed Article 81 of the EC Treaty and Article 53 of the EEA Agreement in that they, in the EEA and by agreement, fixed lysine prices, controlled the supply and allocated sales volumes to each other, and exchanged information on their sales volumes volume to monitor in order allocations they agreed upon. sales the 1. Article 81(1) of the EC Treaty and Article 53(1) of the EEA Agreement (a) Undertakings (184) The companies this Decision are undertakings within the meaning of Article 81(1) of the EC Treaty and Article 53(1) of the EEA Agreement. concerned by (b) Agreements (185) According to the case-law of the Court of Justice, in order for there to be an agreement within the meaning of Article 81(1) of the EC Treaty and Article 53 of the EEA Agreement, it is sufficient that the undertakings in question should have expressed their joint intention to conduct themselves on the market in a specific way (judgments in Case 41/69 ACF Chemiefarma (7), and in Joined Cases 209/78 to 215/78 and 218/78 Heintz van Landewyck (8). Attendance by an undertaking at meetings (6) [1988] ECR 5193. (7) [1970] ECR 661, paragraph 112. (8) [1980] ECR 3125, paragraph 86. 7.6.2001 EN Official Journal of the European Communities L 152/43 involving anti-competitive activities suffices to establish in the absence of its participation in those activities, proof capable of establishing the contrary (Judgments in Cases T-141/94 Thyssen (10)). T-14/89 Montedipe (9) and in (cid:151) Price agreements (186) In July 1990 Ajinomoto, Kyowa and Sewon agreed to raise the worldwide lysine price (see paragraph 52). In September 1990, Ajinomoto, Kyowa and Sewon fixed, inter alia, the European price at DEM 4,60/kg (see paragraph 53). (187) In the first half of December 1990 Ajinomoto, Kyowa and Sewon set the European price at DEM 4,80/kg (see paragraph 54). (188) On 18 February 1991 Ajinomoto, Kyowa and Sewon at DEM 4,70/kg (see in Europe fixed the price paragraph 56). (189) On 12 March 1991 Ajinomoto, Kyowa and Sewon agreed to maintain the lysine price in Europe at DEM 4,70/kg (see paragraph 61). (190) On 4 July 1991 Ajinomoto, Kyowa and Sewon fixed the price in Europe at DEM 4,30/kg (see paragraph 64). (191) Thereafter, Ajinomoto, Kyowa and Sewon continued to discuss lysine prices. (192) Ajinomoto and Kyowa agreed, on 10 March 1992, to follow ADM’s prices, so as to maintain market shares (see paragraph 65). (193) During a meeting apparently at the end of March 1992, on which Sewon Europe reported on 30 March 1992 to its headquarters in Korea, Ajinomoto, Kyowa and Sewon agreed to maintain the European price at DEM 3,76/kg (see paragraph 66). (194) At the end of April/beginning of May 1992 Ajinomoto, Kyowa and Sewon confirmed their price agreement reached at the end of March 1992 (see paragraph 67). (195) On 23 June 1992, ADM, Ajinomoto and Kyowa fixed the worldwide lysine price at a level they intended to maintain until the end of that year. The participants agreed that the European lysine price could be a little higher than the North American price, i.e. USD 1,05/lb until October and USD 1,20/lb for the end of the year (apparently fixed at DEM 3,50/kg and DEM 3,75/kg mentioned during the meeting of 1 October 1992). This agreement was conditional on an agreement on ADM’s to for sales quantities. ADM’s request was 48 000 t (9) [1992] ECR II-1155, paragraphs 129 and 144. (10) [1999] ECR II-347, paragraph 177. 1992 (see paragraph 73). Ajinomoto, Kyowa and Sewon accepted ADM’s sales quantities request (meetings of 10 July and 7 August 1992), with which ADM was satisfied (as mentioned during the meetings of 2 November 1992 between Ajinomoto and Sewon). Cheil and Sewon adhered to this price agreement on 27 August 1992 (see paragraph 79). (196) On 1 October 1992, the five lysine producers fixed the price at DEM 4,00/kg (see paragraph 82). (197) On 2, 4 and 5 November 1992 ADM, Ajinomoto, Sewon and Cheil agreed to set the lysine price in Europe at DEM 4,25/kg (see paragraphs 87, 89 and 90). The price fixing was prepared by Ajinomoto’s and Kyowa’s discussion of 29 October 1992; Kyowa was therefore also involved in this agreement (see paragraph 86). (198) On 1 June 1993 ADM informed Kyowa that it had stopped decreasing the lysine price. The new standard price was USD 0,81/lb. On the basis of that price, the Asian producers, on 18 June 1993, set the European price at DEM 3,20/kg (see paragraph 104). On 24 June 1993, all five lysine producers confirmed this price agreement, and a new step increase in prices was envisaged (see paragraph 107). (199) On 5 October 1993, apparently due to flooding of the Mississippi river, which destroyed the US soybean crop, the European price at DEM the five producers set their meeting of 8 5,30/kg (see paragraph 114). At December 1993, (see confirmed paragraph 120). this price was (200) On 10 March 1994 all fixed the European lysine price at DEM 5,20/kg (paragraph 130). five producers (201) On 19 May 1994 the five lysine producers fixed the baseline lysine price for Europe at DEM 5,10/kg (see paragraph 135). ADM, Ajinomoto, Kyowa and Cheil confirmed this agreement on 16 June 1994 (see paragraph 137). On 30 June 1994 Ajinomoto informed Sewon that the agreement had been confirmed. On 19 July 1994 ADM, Ajinomoto, Sewon and Cheil agreed to keep the price of DEM 5,10/kg until the end of 1994 five lysine producers again (see paragraph 139). All confirmed this agreement on 23 August 1994 (see paragraph 144). (202) On 7 September 1994 ADM, Ajinomoto, Sewon and Cheil fixed the lysine price to be between DEM 5,00 and DEM 5,20/kg in Europe (see paragraph 145). On 23 November 1994, Sewon confirmed that it would keep this price, too (see paragraph 149). L 152/44 EN Official Journal of the European Communities 7.6.2001 (203) On 1 December 1994 ADM, Ajinomoto, Kyowa and Cheil set the minimum offer price at DEM 4,80/kg for Europe (see paragraph 150). On 12 December 1994 Sewon agreed to set (see paragraph 152). the price at level this (204) On 18 January 1995 all five producers agreed the European target price to be DEM 4,90/kg, with an exceptional minimum price of DEM 4,80/kg (see paragraph 156). (205) On 9 March 1995 ADM, Ajinomoto, Sewon and Cheil set the European price at DEM 4,40 to 4,50/kg (see paragraph 158). All five producers confirmed this price on 21 April 1995 (see paragraph 161). (206) On 27 April 1995 the five lysine producers set the European minimum price at DEM 4,25/kg and the target price at DEM 4,50/kg (see paragraph 164). All five lysine producers confirmed the minimum price on 23 May 1995 (see paragraph 165). (207) and It therefore has to be concluded that, from at least July 1990, Ajinomoto, Kyowa Sewon repeatedly expressed their joint intention to apply certain sales prices in the EEA, and hence concluded agreements within the meaning of Article 81(1) of the EC Treaty and Article 53(1) of the EEA Agreement. ADM became a party to price agreements with the then incumbent lysine producers as of 23 June 1992, and Cheil as of 27 August 1992. (208) The Commission has no reason to believe that after 27 June 1995, when the FBI searches took place, the undertakings concerned by this Decision concluded more price agreements. to that used demonstrate involvement (209) ADM suggests that a review of the documents which the the Commission commencement date of ADM’s in the infringement corresponds with the meeting attended by ADM, Ajinomoto/Eurolysine and Kyowa representatives in Mexico City on 23 June 1992 does not support the Commission’s conclusion. It is of the opinion that no agreement was reached involving ADM in the cartel at that time. With regard to agreements on price, ADM observes that any such agreement at the Mexico City meeting was conditional on agreement as to volume allocations. In its view, final agreement could not have been reached before 8 December 1993 (i.e. the meeting in Tokyo). (210) As to this argument it has to be noted that agreements which are concluded under a condition are nevertheless (cid:145)agreements(cid:146) within the meaning of Article 81(1) of the EC Treaty and Article 53(1) of the EEA Agreement. to the prices discussed Therefore, ADM’s agreement during the Mexico meeting, which was conditional on the other producers’ agreement to a volume allocation of 48 000 t, this agreement became unconditional. On 23 June 1992 in Mexico Ajinomoto/Eurolysine and Kyowa agreed to the falls into this category. Moreover, volume allocation requested by ADM. ADM then confirmed its agreement to this allocation on 2 July 1992. Sewon agreed on 7 August 1992. At about the same time, Cheil agreed to self-restrain its sales as well (mentioned during the meeting of 2 November 1992, between Ajinomoto and Sewon). The condition for the price agreement of 23 June 1992 to become unconditional was therefore met. (cid:151) Agreements on quantities (211) From the minutes of the meeting of 18 February and 12 March 1991 it can be seen that Ajinomoto, Kyowa, and in 1991, worldwide the same Sewon agreed to sell, quantities as in 1990 (see paragraphs 58 and 61). There was at least agreement between the participants that in 1991 in Europe Sewon’s quantities should be the same as in 1990. Furthermore, at least in 1991, Ajinomoto, Kyowa and Sewon agreed to the home-market principle, i.e. the local producer should sell as much as possible in its own region. The local producer in Europe was Ajinomoto/Eurolysine. that (212) The Commission reaches this conclusion on the basis of that Kyowa and Ajinomoto insisted on this the fact principle (meetings of 18 February 1991 and 19 June 1992) and that Sewon had submitted to the same principle (see paragraphs 56 and 68). (213) On 23 June 1992 ADM, Ajinomoto and Kyowa agreed to the proposal that worldwide lysine sales quantities had to be coordinated (see paragraphs 73 and 74). On 10 July 1992, the two Korean lysine producers adhered to the idea to coordinate their sales with ADM (see paragraph 76). (214) On 10 July 1992 Ajinomoto and Kyowa proposed to the Korean producers a sales allocation plan for 1992 which provided for a quota of 48 000 t in favour of ADM (see paragraph 77). On 2 July 1992 ADM had already agreed to its 1992 quota (see paragraph 76) (confirmed in the meeting of 8 September 1992, see paragraph 80). During the meeting of 7 August 1992, it became clear that Sewon adhered to the agreement on ADM’s quota (see paragraph 78). Sewon confirmed its agreement during the meeting of 2 November 1992 (see paragraph 87). Furthermore, at this meeting, Sewon agreed to limit its sales in Europe to 6 000 t. Although Cheil did not agree to any individual sales quantity allocation, it agreed, within the plan, to coordinate sales quantities to self-restrain its sales (mentioned during the meeting of 2 November 1992 between Ajinomoto and Sewon, see paragraph 87). 7.6.2001 EN Official Journal of the European Communities L 152/45 (215) The negotiations for an agreement on individual sales volume allocations for 1993 started on 21 January 1993. Although the parties continued their efforts they reached no that year, during the summer of agreement sales individual comprehensive allocation for 1993. On 5 October 1993 however, all five lysine producers agreed to reduce supply in order to prevent a price decline. As regards Europe, a 40 % to 50 % reduction was envisaged (see paragraph 114). on a (216) At their meeting of 25 October 1993 Ajinomoto and ADM reached agreement on a comprehensive individual sales volume allocation for all five lysine producers for 1994: all five producers were allocated a basic quota equal to their 1993 sales. Out of the expected sales increase, Kyowa, Sewon and Cheil would each get a supplementary quota of 2 000 t while ADM and Ajinomoto would remaining worldwide lysine sales increase (see paragraph 117). Kyowa and Sewon adhered to this agreement on 8 December 1993 (see paragraph 121). On 10 March 1994 ADM, Ajinomoto, Kyowa, and Sewon confirmed their agreement on the sales allocation volumes for 1994, (see agreement Sewon confirmed its paragraphs 127 and 128). agreement once again on 23 and 24 November 1994 (see paragraph 149). adhered to this and Cheil equally share the (217) On 18 January 1995 ADM, Ajinomoto, Kyowa and Cheil agreed to maintain, for 1995, the market share allocated for 1994 (see paragraph 153). Sewon did not participate in the 1995 sales volume allocation. (218) and 1991, Ajinomoto, Kyowa It therefore has to be concluded that, as from at least 18 Sewon February repeatedly expressed their joint intention to control the supply of lysine and to allocate certain sales volumes to each other in the EEA and hence concluded agreements within the meaning of Article 81(1) of the EC Treaty and Article 53(1) of the EEA Agreement. ADM became a party to agreements on quantities as from 2 July 1992. Also at some moment during the second half of 1992, and in any event before 2 November 1992, Cheil agreed, within the plan to coordinate sales quantities to self-restrain its sales (meeting of 10 July 1991), (mentioned during the meeting of 2 November 1992, between Ajinomoto and Sewon). From this moment, Cheil definitely consented to the adoption of an overall plan comprising an agreement on sales quantities, and it became a party to such agreements with the other lysine producers (11). elements of constituent the (219) Cheil does not agree with the Commission’s conclusion in sales its involvement concerning the duration of volume agreements. It suggests that it was always in disagreement with the other companies as to how much volume it should produce. Cheil states that the only occasion on which it might have been possible to suggest that it could have agreed to a volume allocation was at the Honolulu meeting (10 March 1994) where, on the face of the minutes, it might appear that it had settled on an agreed volume of 17 000 t. Cheil token emphasises however indication after being put under considerable pressure by ADM and Ajinomoto. Cheil stresses that at the time it indicated it might accept 17 000 t, it had already taken the internal decision to expand to 40 000 t. Cheil states that while it indicated that it might agree to a volume allocation on 10 March 1994, it already knew that in practice it would not comply. it only gave this that (220) Furthermore, Cheil claims that statements on sales volumes, made by its representatives before 10 March 1994, were merely acknowledgments of the generally known economic principle that over-capacity will lead to a such acknowledgments of a general economic nature do not amount to an agreement to limit sales volumes within the meaning of Article 81(1) of the EC Treaty. reduction in prices. argues that It (221) The Commission’s finding that Cheil’s behaviour constitutes restrictive agreements within the meaning of Article 81(1) of the EC Treaty and Article 53(1) of the EEA Agreement, is not altered if it could be established this undertaking had no genuine intention to that implement the intentions actually expressed by it. Having regard to the manifestly anti-competitive object of the events at the occasions where the intentions were taking any expressed Cheil, by participating without action to publicly distance from what themselves occurred at them, gave the impression to the other participants that it had the same intentions as the other parties in conformity with them (judgment in Case T-7/89 Hercules (12)). The notion of (cid:145)agreement(cid:146) is objective in nature. The actual motives (and hidden intentions) which underlay the behaviour adopted towards the other participants are irrelevant (judgment in Case T-142/89 Usines Gustave Boºl (13). and would act (222) As to Cheil’s argument it did not express any intention as to its sales volumes, but it merely that the acknowledged Commission notes that it is clear that the objective of economic principle, general that a (11) See Judgment in Case T-295/94 Buchmann [1998] ECR II-813, paragraph 121. (12) [1991] ECR II-1711, paragraph 232. (13) [1995] ECR II-867, paragraph 60. L 152/46 EN Official Journal of the European Communities 7.6.2001 the meetings in question was clearly to control sales volumes and that it is the Commission’s understanding and that of the other lysine producers that Cheil made statements concerning its conduct on the lysine market. be successful. Therefore, the agreements on prices and the sales quantities in question have as their object restriction of competition within the meaning of Articles 81(1) of the EC Treaty and Article 53(1) of the EEA Agreement. (223) The Commission has no reason to believe that after 27 June 1995, when the FBI searches took place, the undertakings concerned by this Decision concluded more agreements on sales quantities. (cid:151) Agreement on the exchange of information on sales quantity (224) On 8 December 1993, ADM, Ajinomoto, Kyowa and Sewon agreed that from January 1994, all companies were to make monthly reports of sales/shipments by region to Ajinomoto, at the latest 15 days after the end of the month, allowing for feedback each month (see paragraph 122). Cheil adhered to this agreement on 10 March 1994 (see paragraph 128). (225) ADM, Ajinomoto, Kyowa and Cheil implemented the agreement on the quantity information system until 27 June 1995. Sewon stopped producing sales figures as from beginning 1995 (meeting of 27 April 1995). However it continued to participate in meetings where it was informed of the figures reported by the other producers, until 27 June 1995. In those circumstances, Sewon remained a participant in the agreement on the exchange of information (14). (226) therefore has to be concluded that, It from the beginning of 1994, the undertakings concerned by this Decision had a joint intention to exchange information on their sales quantities in the EEA in order to monitor the agreements on sales quantity allocation, and hence were parties in an agreement within the meaning of Article 81(1) of the EC Treaty and Article 53(1) of the EEA Agreement. (229) As to the information exchange system, their influencing it has to be the information which the undertakings, noted that according to the agreement, were to receive and subsequently actually did receive was capable of appreciably conduct. Given the availability of this information, each undertaking knew that it was being kept under close surveillance by its competitors and that it could, if necessary, react to the conduct of its competitors, on the basis of considerable more recent and accurate data than those available by other means. It follows that the information exchange decision-making reduced system appreciably independence by substituting practical cooperation between them for the normal risks of competition. In any event, where an exchange of firm specific information is the adjunct of an anti-competitive practice, such as in the present case, it is also caught by the prohibition in Article 81(1) of the EC Treaty and Article 53(1) of the EEA Agreement as an integral part of that practice. participating producers the the of (230) It is established case-law that there is no need to take account of the concrete effects of agreements in order to conclude that they are prohibited by Article 81(1) of the EC Treaty (and by implication Article 53(1) of the EEA Agreement), when it is apparent, as in this case, that the restriction of their object competition (judgment in Case C-277/87 Sandoz (15)). they have as (227) The Commission has no reason to believe that after 27 the June 1995, when the FBI searches took place, undertakings concerned by this Decision continued their agreement on the exchange of information on sales quantity. (c) Object of the agreements (d) Effect on trade between Member States of the Community and EEA countries (231) The agreements in question had an appreciable effect upon trade between Member States of the Community and EEA countries. (228) Article 81(1) of the EC Treaty and Article 53(1) of the EEA Agreement expressly mention, as restrictive of competition, agreements that fix selling prices, limit or control production, or share markets within the EEA. In the present the companies concerned was to regulate the lysine market and to coordinate their behaviour in such a way as to ensure that their agreed price and sales quota initiatives would the objective of case, (232) The lysine market is one which is particularly characterised by trade between Member States. In the EEA there is only one producer of lysine, i.e. Eurolysine, with production plants in France and Italy. Lysine purchased in all other EEA countries has to be imported from these countries, from outside the EEA, or from the EEA countries into which the lysine produced in third countries had initially been imported. (14) See Case T-295/94 Buchmann, loc. cit., at paragraph 131. (15) [1990] ECR I-45. 7.6.2001 EN Official Journal of the European Communities L 152/47 (233) Virtually all trade throughout the EEA in this important agro-industrial sector was controlled by the cartel. All producers supplied lysine throughout the EEA. The collusive behaviour adopted by the lysine producers distorted the pattern of trade in this region through the effect on price levels and quantities. (234) The application of Article 81(1) of the EC Treaty and Article 53(1) of the EEA Agreement to a cartel is not limited to that part of the members’ sales which actually involve the transfer of goods from one Member State to another. Nor is it necessary, in order for those Articles to apply, to show that the individual conduct of each participant, as opposed to the cartel as a whole, affected trade between Member States in Case T-13/89 ICI (16)) and, by implication, EEA countries. (judgment 2. Article 81(3) of the EC Treaty and Article 53(3) of the EEA Agreement (235) The agreements which are the subject of this Decision took place in secrecy and have not been notified to the Commission. Therefore, they cannot be exempted from the application of Article 81(1) of the EC Treaty and Article 53(1) of the EEA agreement. In any event, the type of in question does not meet the conditions laid down in Article 81(3) of the EC Treaty and Article 53(3) of the EEA Agreement. conduct adopted by the undertakings 3. Single continuing infringement (236) In the present case, the undertakings concerned by this Decision, in varying compositions of participants, concluded at different times anti-competitive agreements concerning different types of behaviour either separately or in combination. Every single one of these agreements constitutes, in principle, an infringement of Article 81 of the EC Treaty and Article 53 of the EEA Agreement. (237) This of series agreements was anti-competitive concluded in the context of a single common plan to regulate prices and supply on the lysine market. The undertakings concerned participated in an overall framework which manifested itself in agreements with the object of restricting competition between the participating undertakings on the lysine market. The Commission considers therefore that it is artificial to sub-divide separate the actions were infringements as undertaken in the context of an overall common plan pursuing the same anti-competitive purpose. individual it actions that is clear into the (238) From the case-law of the Court of Justice and the Court it follows that Article 81 of the EC of First Instance, Treaty and Article 53 of the EEA Agreement can be infringed both by separate series of connected acts (judgments in Case C-49/92 P Anic (17) and in Case T-1/89 Rh(cid:244)ne Poulenc (18)). The Commission concludes that, in the present case, the actions of the participants continuing infringement. constitute and a single acts one (239) Ajinomoto, Kyowa this infringement from at least June 1990, Cheil from the beginning of 1991, and ADM from 23 June 1992. committed Sewon and (240) The Commission has no reason to believe that searches took place. On the other hand, the infringement continued after 27 June 1995, when the the FBI infringement had not ended at the last meeting at which an agreement within the meaning of Article 81(1) of the EC Treaty and Article 53(1) of the EEA Agreement was reached, i.e. 23 May 1995, because the parties had the intention to continue the conspiracy on 7 July 1995 in the Cayman Islands (agreed during the meeting of 21 April 1995 in Hong Kong). the date of sales volume information (241) Ajinomoto claims that the period in which the cartel operated in a systematic fashion, with the participants among exchanging themselves, and ostensibly agreeing on target prices and sales levels, was quite brief. Ajinomoto states that this period began in January 1994 and lasted no more than one and a half years. Ajinomoto alleges that while competitors had conducted meetings prior to this time, and reached agreements on target prices from time to time, any adherence to such agreements was short-lived. In particular, price wars in which lysine prices were driven below cost, placing Eurolysine in serious financial peril, occurred throughout the first halves of both 1992 and 1993. (242) Cheil stresses that it did not attend meetings from December 1993 to March 1994. and (243) The Commission does not accept the argument that the infringement, Cheil in which Ajinomoto participated, was not continuous. Whilst it is clear that the extent and the depth of the cooperation between the in terms of the lysine producers changed over time, number of the firms participating and of the scope the agreements conclude, it is the Commission’s view that the incumbent as well as the new cartel members at any time of their collusion subscribed to an identical common plan to regulate prices and supply on the lysine market. (16) [1992] ECR II-1021, paragraph 304. (17) C-49/92 P, not yet published in the ECR, paragraph 81. (18) Case T-1/89, [1991] ECR II-867, paragraphs 125 and 126. L 152/48 EN Official Journal of the European Communities 7.6.2001 (244) In particular, the Commission considers that ADM’s entry into the pre-existing cartel did not constitute the end of that cartel and the beginning of a new one. Rather ADM’s entry led to the extension of the pre-existing cartel to embrace again all producers of lysine and brought about a more structured approach to the operation of (see paragraph 71). The possibility that ADM was unaware, at the time of its an ongoing cartel between its market competitors, it conception was its participated in the creation of a new cartel, does not affect the Commission’s finding on the duration of the collusion, as the duration of an infringement has to be determined on an objective basis. the cartel entry, of and that that (245) Regarding the period from December 1993 to March 1994, Cheil did not participate in one meeting, i.e. the meeting of 8 December 1993 in Tokyo. This meeting prepared the 1994 sales volume allocation, which was finally discussed and agreed upon by all five lysine producers during the meeting of 10 March 1994 in Honolulu. Cheil’s absence from the meeting of 8 December 1993 in Tokyo therefore did not end its participation in the infringement committed before this date. On the contrary, its attendance at the meeting of 10 March 1994 in Honolulu proves that Cheil continued its illegal behaviour. (246) The fact that the parties tried to solve the problems which occurred from time to time after agreements had been reached indicates that the agreements were linked to each other. (247) Given that there is one single continuing infringement of Article 81 of the EC Treaty and Article 53 of the each undertaking EEA Agreement, concerned by this Decision is responsible for the totality of the infringement for the period of its participation (judgments in Case C-49/92 P Anic (19)). follows that it C. LIMITATION PERIOD (248) Pursuant to Article 1 of Council Regulation (EEC) No 2988/74 (20), the power of the Commission to impose fines or penalties for infringements of Article 81 of the EC Treaty and Article 53 of the EEA Agreement are subject to a limitation period of five years. Time begins is to run on the day on which the infringement committed. repeated infringements, however, time begins to run on the day on which the infringement ceased. In the present case, the continuing infringement ceased on 27 June 1995. In the case of continuing or (249) On 11 June 1997, the Commission carried out investigations at the premises of some participants in the cartel. Pursuant to Article 2 of Regulation (EEC) No 2988/74 those actions interrupted the limitation period in the present proceedings. Therefore the Commission is entitled to impose fines for this infringement on the undertakings to which the present Decision is addressed. D. FINES IMPOSED PURSUANT TO ARTICLE 15(2)(a) OF REGULATION NO 17 (250) Compliance with Article 81 of the EC Treaty and Article 53 of the EEA Agreement is enforceable by means of fines. Pursuant to Article 15(2)(a) of Regulation No 17, the Commission may by decision impose such fines, where undertakings infringe the competition rules either intentionally or negligently. 1. Infringement of intentionally or negligently the competition rules either (251) The facts presented by the parties indicate that all the participants in the cartel had the intention to conclude agreements to fix prices, share markets and to exchange information. For example, on 1 October 1992 all the participants in the cartel met in Paris to discuss prices and to exchange information to enable an evaluation to be made of the impact of price agreement made at earlier meetings (for example, 27 August 1992) for the purpose of concluding a new price (DEM 4,00/kg). (252) Moreover, all participants in the cartel were aware of their conduct. For example, on 8 the illegality of December 1993, regarding the submission of monthly sales figures, ADM told the others that they had (cid:145)to watch their telephones and to be very careful(cid:146). The cartel members also took precautions to disguise the fact that they met and the purpose of their meetings. (253) They organised meetings under the cover of official Fefana meetings, for example the meeting of 19 May 1994 in Paris. The parties adopted the practice that, while attending an official industry meeting, one person would obtain a hotel suite and secretly notify the others. They would then secretly meet to discuss prices and sales volumes away from the official meeting. They also met at fake Fefana meetings, for example the meeting of 23 August 1994 in Sapporo. (19) Loc. cit., at paragraph 203. (20) OJ L 319, 29.11.1974, p. 1. (254) The Commission therefore concludes that the addressees the present Decision committed the infringement of intentionally. 7.6.2001 EN Official Journal of the European Communities L 152/49 2. The amount of the fines (255) the fines, In fixing the amount of the Commission follows the methodology explained in its guidelines of 14 January 1998 on the method of setting fines imposed pursuant to Article 15(2) of Regulation No 17 and Article 65(5) of the ECSC Treaty (the guidelines on fines) (21). (a) The basic amount (256) The basic amount is determined according to the gravity and duration of the infringement, which are the only criteria referred to in Article 15(2) of Regulation No 17. (cid:151) Gravity (257) In assessing the gravity of the present infringement, the Commission takes account of its actual impact on the market, where this can be measured, and the size of the relevant geographic market. its nature, Nature of the infringement (258) By their nature, horizontal restrictions such as price cartels and market-sharing quotas are very serious infringements. The present infringement concerns a to the very serious price and quota cartel infringements found for example in the Commission’s Polypropylene (22), and decisions Cartonboard (24), which in substance were upheld by the judgments of 24 October 1991 (25), 14 May 1998 (26), 20 April 1999 (27), and 8 July 1999 (28) respectively. The Commission therefore considers, that the present infringement is very serious by its nature. PVC (23) similar in that infringement did not (259) ADM opposes this conclusion. ADM argues that the jeopardise the proper present functioning of the single market as required by the Commission guidelines on fines as defined at paragraph third indent, under (cid:145)very serious infringements(cid:146). 1(A), ADM contends there was no partitioning of In ADM’s view the Commission’s national markets. documents in the present case, that when, show, European prices were the subject of a conversation or agreement, they were considered in unified terms on a trans-Europe basis. Similarly volumes were not allocated in Europe on a country-by-country (or (cid:145)stay at home(cid:146)) basis. Instead volume allocations were discussed for the most part in worldwide aggregates. ADM suggests that information sharing occurred, even when volume (21) OJ C 9, 14.1.1998, p. 3. (22) OJ L 230, 18.8.1986, p. 1. (23) OJ L 239, 14.9.1994, p. 14. (24) OJ L 243, 19.9.1994, p. 1. (25) ECR [1991] p. II-867. (26) ECR [1998] p. II-813.. (27) Joined Cases T-305(cid:150)94 et seq. PVC [1999] ECR II-931. (28) Not yet published in the ECR. volumes were broken down regionally only to the individual Europewide level and not Member States. to the level of (cid:145)very First, (260) The Commission rejects this reading of its guidelines on from the definition of serious fines. infringements(cid:146) in the guidelines it is clear, that price cartels and market-sharing quotas, by their nature, jeopardise the proper functioning of the single market. It is only in relation to (cid:145)other practices(cid:146) that the latter qualification has to be actually established in order to conclude that they are such infringements. Secondly, within the categories of price cartels and market-sharing quotas there cannot be, in view of their incompatibility with the common market, any distinction between prices between competitors operating in the same geographical area and those agreements based on geographical separation (i.e. a (cid:145)stay at home(cid:146) basis). volumes agreed shares and of The actual impact of the infringement on the lysine market in the EEA (261) The Commission considers the that infringement, committed by undertakings which were practically, for the period covered by this Decision, the only lysine producers in the world, had the effect of raising prices than they would otherwise have been and higher restricting sales quantities, and therefore had an actual impact on the lysine market in the EEA. (262) From the evidence in the Commission’s possession, it is clear that around March 1991 ADM’s market entry had the effect of placing significant downward pressure on prices. As a result, in the summer of 1992, the lysine price was around 50 % lower in comparison with prices at the beginning of 1991. The price initiatives taken by the companies concerned in the second half of 1992 led, within six months, to a substantial recovery of lysine prices in Europe, bringing them back to around 80 % of the price at the beginning of 1991. (263) In July of 1993 a similar scenario unfolded. After ADM had decreased its price, during the period April to June, the prices immediately recovered following a new agreement in June. (264) The following agreements the concluded price Mississippi flood in the summer of 1993, which destroyed the USA soybean crop, allowed the parties to maintain the European price level at around DEM 5,00/kg until the beginning of 1995, which was above the agreed price level at the beginning of 1991 even though the worldwide lysine production capacity had doubled and demand had risen only by around 60 %. L 152/50 EN Official Journal of the European Communities 7.6.2001 (265) Moreover, whilst price decisions. In November it cannot be established that every company concerned fully implemented the agreements, it is clear that at least ADM was disciplined in executing the 1992 ADM announced exactly the DEM 3,75/kg that it agreed to in that year. The price announced in September of December 1992 exceeded by DEM 0,10, the target price agreed one month before. During the second half of 1993, the announced price was substantially higher than the agreed minimum prices. From March until at least September 1994, ADM announced prices which were the agreed minimum prices. At the very least the announced prices thus served as a reference point in individual negotiations on transaction prices with customers (29). (266) A good example of ADM’s attitude towards the price agreements, is its internal meeting held in St Louis at the end of May/beginning of June 1994. There the European sales organisation was disciplined to stay at the target price of DEM 5,10 agreed with the other lysine producers in May of that year. (267) to the quotas, relation information the In in the Commission’s possession is also conclusive of the companies’ actual sales relation between each of quantities and the quota agreements. At the end of 1994, the worldwide market shares attained by each of the producers were almost identical to the shares they allocated to each other: Allocated Actual Ajinomoto 33 36 ADM 27 28 Kyowa Sewon 19 18 14 10 Cheil 7 8 (268) Moreover, statements made by company representatives indicate indirectly that the price and quota agreements served their purpose. (269) During its meeting with Ajinomoto on 5 November 1992 in Seoul, Cheil considered that the lysine price increase was a substantial success. On 26 February 1993, Ajinomoto, Kyowa, Sewon and Cheil noted that the European price was maintained, because Ajinomoto and Sewon restricted their sales volumes. On 28 April 1993, ADM and Eurolysine agreed that if the prices went up in Europe, the price agreement concluded in Mexico (23 June 1992), and that the only place where it was fully implemented was in this region. When Ajinomoto, Kyowa and Sewon met on 27 May 1993, Ajinomoto referred (cid:145)to the good results(cid:146) of their cooperation before ADM’s entry into the market. On 18 January 1995, all five lysine producers concluded that, the difference between allocated quota and actual sales of each company was not excessive and that therefore the price level could be maintained. it was because of in 1994, (270) Ajinomoto, ADM, Kyowa and Sewon disagree with the Commission’s conclusion that the infringement had an actual impact on the lysine market in the EEA. (271) Ajinomoto claims that lysine the conspiracy was not significant, because synthetic lysine only accounts for less than 5 % of all lysine consumed by the feed industry each year in the Community. impact of the (29) See judgment paragraph 177. in Case T-308/94 Cascades [1998] ECR II-925, Ajinomoto suggests that while the main sources of lysine and other amino acids are protein concentrates of vegetable or animal origin (e.g. soybean meal, fishmeal, and skimmed milk), another source of certain amino acids is industrial production through fermentation (e.g. lysine) or chemical processes (e.g. methionine). These to those amino (synthetic) amino acids are identical In Ajinomoto’s view, found in feed protein. acids therefore, use of is not amino acids synthetic just one ingredient compulsory. Synthetic lysine is among many, and other lysine-rich products such as soybean meal or fishmeal can always be used instead. As a result, if the cost of synthetic lysine is too high in comparison to alternative lysine-rich feedstuffs, it will be eliminated entirely. (272) Ajinomoto states that lysine as successive formula is substitutions the cheapest feedmills view natural It maintains and synthetic that substitutable. feedstuffs producers use computers to optimise feed formulae via a least-cost-formulation technique. After inputting data on available feedstuffs and their current are made between prices, feedstuffs until found that supplies all nutritional requirements. Lysine is treated in ingredient. The price these analyses as any other threshold at which an ingredient comes into the formula is called the (cid:145)shadow price(cid:146). Ajinomoto holds that the volatility of price movement of ingredients is by far the main driver of synthetic lysine market price fluctuations. It contends that historically, it has been the lysine price changes. Ajinomoto cause of virtually all considers existence of a price-fixing agreement, there was very little scope for lysine prices artificially. the cartel members to control that notwithstanding the 7.6.2001 EN Official Journal of the European Communities L 152/51 For Ajinomoto this is apparent from the curve of the synthetic lysine market price and its shadow price, as compared with the price of related agricultural or fishery commodities containing natural lysine. (273) Ajinomoto suggests that the lowering of ceiling prices on cereals in Europe in 1993 resulted in a substantial increase in the (cid:145)spread(cid:146) at that time, thus leading to a significant increase in lysine prices through ordinary market mechanisms. (277) ADM contends that, during the period identified by the Commission as that within which ADM participated in the prices were determined for the most part by factors other than (cid:145)collusion(cid:146). infringement, described lysine (278) ADM submitted two economic studies in order to put the capable forward infringement had no actual anti-competitive impact on the EEA market for lysine. evidence showing that of (274) The Commission agrees that it is technically possible for synthetic lysine to be substituted by natural lysine, and vice versa. However, natural lysine does not exist in pure form. If natural lysine is substituted for synthetic lysine, the including in particular protein and other substances, other is compounded. This can result, for example, in an excess formula, amount necessitating the addition of other essential amino acids. it necessarily involves the addition of all to which natural amino acids, protein lysine given diet for of a (275) The Commission accepts that the price of soybean meal limit on the pricing and corn provides an upper low decisions of for enough, synthetic lysine and, thus, forces synthetic lysine prices down. the parties. When this ceiling is substitute soybean meal becomes a (276) However, as long as the price of soybean meal remained high enough (and significantly higher than cash corn prices) the parties were able to maximise their profits by raising selling prices as high as demand conditions would allow. That is, the parties set prices according to the perceived level of lysine’s own price elasticity of demand. Dr Connor of Purdue University analysed this situation (30) for the USA and came to the conclusion that: (279) In the first study ADM suggests that the events over the relevant period in the lysine industry can best be understood if competitors are analysed as if operating and interacting in an oligopoly market structure. ADM considers that the oligopoly can be characterised as Cournot (31). It is argued that the price charged by each firm in a Cournot game would be distinguishable from and lower than the price that would be obtained if, instead, the rival firms in the industry were effectively behaving collusively. (280) In both the studies, ADM tries to rationalise its observed behaviour in a way that is compatible with economic theory. the period of For investigation. this ADM subdivides that, (281) ADM argues that prior to the meeting of 8 December 1993 in Tokyo the impact of its performance on the lysine market can be characterised as pro-competitive. ADM suggests to solve its output in order problem, it had to obtain firm specific information from its competitors. It is ADM’s view that the exchange of that firm specific information (in contrast to common information such as demand) between competitors made it possible to achieve, in the lysine market, a non-cooperative Cournot equilibirum. (cid:145)when lysine prices were USD 0,70 to 0,90 per pound, the elasticity of demand was perceived to be around fl 0,2; when prices were higher (USD 1,10 to USD 1,20) the elasticity was about in the range fl 0,5 to fl 0,8. When five companies form a cartel and face a demand for their products with elasticity of between fl 0,45 and fl 0,8, a well-known economic formula predicts that the cartel’s optimal prices will be between USD 0,88 and USD 1,49. In fact, US selling prices by the three largest sellers were always within the USD 0,92 to USD 1,22 the core collusive period, range in every month of October 1992 to July 1995.(cid:146) (30) (cid:145)Lysine production, international price trade and the effects of fixing(cid:146), by Dr John Connor, Staff Paper 98-18, September 1998, Purdue University, p. 35. (282) ADM suggests that, by the end of 1993, it had obtained satisfaction about the capacity of its plant and about its growth in 1994. Although ADM admits that, during the (31) In a market structure with relatively few sellers, each large enough the to affect market prices and volumes, when acting alone, problem each firm must solve individually ((cid:145)the game(cid:146)) is how much to invest in capacity to produce and how much to produce in order to maximise its profit, given the output and respective capacities of its rivals, and the demand for the product. The collective outcome of each firm’s uncoordinated effort to solve its respective output problem determines the market price at which the lysine buyers demand is satisfied by the sum of the outputs supplied by rival firms. This is called the Cournot equilibrium output and price. This price amounts to the competitive price in such a market and the lowest price that will be sustainable consistent with uncoordinated profit maximisation. L 152/52 EN Official Journal of the European Communities 7.6.2001 second period, it was attracted to collude with the other its participation in the cartel was industry members, that of the typical (cid:145)cheater(cid:146). (283) In order to show that its behaviour had, during the second period and with the exception of two meetings, no actual impact on the lysine market, ADM submitted a simulation of a simple Cournot model using industry data (32). (284) ADM concludes that its actual prices charged in the market were no greater than the (cid:145)but for a cartel(cid:146) Cournot prices and were therefore no different from the prices that would be expected had no collusion been identified. ADM therefore effectively rules out the possibility that the actual prices were the outcome of ADM implementing a cartel agreement. However, ADM does not rule out the possibility that its pricing was the result of cheating on a cartel agreement. In ADM’s view, the meetings and competitor communications were statistically insignificant in determining European lysine prices, except to a small degree and only during a period of limited duration. ADM claims that only two meetings, on 8 December 1993 in Tokyo and on 10 March 1994 in Hawaii, had a statistically significant positive effect in raising lysine prices. is that relatively more attractive as (285) Finally, ADM notes that the number of players in the industry increased from four to five with the entry of ADM. Based on the results of a game-theoretic study of cartel stability by the economist Reinhard Selten (33) the the position of an conclusion ADM draws outsider becomes the number of competitors increases. With six players the Selten model would suggest that the probability of cartel stability is very small. Based on the fact that there were five competitors, ADM’s second study suggests that this is a border case. the competitors have the demand and cost (cid:145)complete information(cid:146) about informed about past parameters and are (cid:145)perfectly(cid:146) actions system of information sharing about current outputs and prices. The study suggests that this explains that, on the one no well-organised In this case, have but (32) The Cournot model is expressed as Price = marginal cost/(1(cid:150)Herfindahl-Hirshman index)/industry price elasticity. ADM did not have actual figures for the marginal cost but they were estimated based on a multiple regression model of ADM costs of variable inputs used in lysine production and distribution. The figure for the price elasticity was taken from a report by John Connor, (cid:145)The cost to US animal feeds manufacturers of an alleged price-fixing conspiracy by lysine manufacturers 1992 to 1995(cid:146) and the response of Frederick R. Warren-Boulton, prepared for US litigation. (33) Reinhard Selten: (cid:145)A simple model of imperfect competition where four are few and six are many(cid:146), International Journal of Game Theory, 2 pp. 141 to 201, reprinted in R. Selten: (cid:145)Models of Strategic Rationality(cid:146), Kluwer, Academic Publishers, 1988, pp. 95 to 155. hand, ADM agreed on this price of that quantity; on the it simultaneously cheated on the agreed other hand, quantities to secretly increase its current market share. The second study concludes that there was an explicit attempt to collude at the meeting of 8 December 1993, in which ADM took part. Being the fifth player, however, it was the one that behaved competitively to the extent that it could do so secretly. (286) The Commission considers that the findings of the parties themselves are eloquent on the impact of this cartel. It is inconceivable that the parties would have repeatedly agreed to meet in locations across the world to fix prices and share markets over such a long period without there being an impact on the lysine market. in observing (287) The likelihood that ADM’s observed behaviour could be explained away as being pro-competitive is also small due to the fact that the development of non-cooperative business strategies among companies requires years of experience and countermoves industry. ADM only entered the industry in 1991 and so it could not base its actions on history. Due to the fact that a cartel existed prior to ADM’s entry, neither Ajinomoto, Kyowa and pricing cooperatively. Overt price fixing is therefore a more likely outcome than tacit forms of cooperation in the absence of a long period of business interaction. each others moves in a particular Sewon tacitly basis had any for (288) Moreover, the conclusions of ADM’s first study are sensitive to the assumptions made, in particular those concerning the final elasticity of demand and the cost structures of ADM’s competitors. The studies mentioned in footnotes 30 and 32, on which the assumptions of the first ADM study are taken, contradict each other concerning the assumptions for the marginal cost and the elasticity of demand for lysine. These studies also use different models of oligopoly behaviour to simulate the lysine industry. The fact that the assumptions used by ADM’s study have been contested alone disqualifies the first ADM study from being sufficient the Commission’s findings as to the proof question of whether the collusive behaviour had an actual impact on the market. to rebut first second study the Commission (289) Concerning ADM’s considers that the ability to sustain collusion in an industry does not depend mechanically on the results of a game theory model as to whether ADM was the fifth company or not. Cartels can also be stable with many more players as numerous Commission decisions (for examples, see paragraph 258) have shown. In contrast, in other industries three firms could be enough to 7.6.2001 EN Official Journal of the European Communities L 152/53 ensure effective competition. The Commission therefore concludes that the second ADM study is little more than a mechanical application of a particular game-theoretic model. In every case the conclusion as to whether an industry can sustain a cartel depends on the facts of the case. In this case the facts as established by the parties enable the Commission to state that the parties were able to conclude price and market sharing agreements for a long period and that they had an impact on the lysine market. firm specific depends on the author of (290) As to the alleged pro-competitive information exchange during the first period under scrutiny identified by ADM, the Commission notes that the policy conclusion economic to be drawn from the game-theoretic literature concerning the distinction between industry the and information assumptions made. For example, the second ADM study has noted (34) (cid:145)when the cost of shared relates information to be production, a distinction is to be made between costs that are (cid:147)common(cid:148) and costs that are (cid:147)private(cid:148). Indeed the distinction leads to opposite policy conclusions. When the uncertainty is about a common value, such as the evolution of industry-wide costs or the cost of fuel, not to share information is an equilibrium Cournot strategy.(cid:146) The Commission therefore rejects the notion that the exchange of information between the parties can be considered to be pro-competitive on the basis of ADM’s second study. that to the (291) Kyowa holds that, during the period from ADM’s 1991 entry into the lysine market until shortly after late June 1992, collusive efforts plainly had little or no effect on the market, because prices were in constant decline. Kyowa asserts that even after a price agreement was allegedly reached in June 1992, another price war had the developed by the end of 1992 and lasted until middle of 1993. actual so that impact of (292) Sewon claims that it consistently undercut the agreed target prices, the the infringement on the European market was substantially reduced. Sewon submits that price agreements had little or no effect without an agreement on volume. It refers, for example, to the meeting of 26 October 1994 in Zurich, where the large producers declared that, without the negotiations on price an agreement on quantity, were meaningless. (293) Neither Kyowa’s nor Sewon’s arguments are conclusive. The Commission recognises that during the collusion between lysine producers, there were periods when the impact of the price fixing was less significant actual than during other periods. However, the periods described by the parties as (cid:145)price wars(cid:146) only provide an indication of what the prices would have been under conditions of normal competition. Furthermore, the Commission finds that, during the entire duration of the infringement committed by the undertakings concerned by the present Decision, price and volume agreements existed in parallel (see paragraphs 221 and 232). The Commission also notes that the threat of lower prices was a means by which ADM strategically influenced their (see paragraph 70). fellow cartel members’ actions future the cartel’s operation the lysine market (294) As to volumes, Ajinomoto notes that during the main period of in Europe grew substantially and Eurolysine operated at full capacity at all times. With the exception of ADM, all other parties concerned by this Decision also make the point that they operated at full capacity, and that therefore it is difficult to discern any real market impact of the infringement. (295) In any event, even on the hypothesis that this was the case, this argument is not conclusive as to the finding of actual impact on the market. Investment decisions as to increase capacity could have been delayed or changed on the basis of the collusion. Stock management and geographical allocation of volumes could have been influenced by the volume agreements. In any event, the periods of (cid:145)price wars(cid:146) and (cid:145)price peace(cid:146) between the parties concerned by this Decision were necessarily linked to changes in volumes put on the market and the strategic games played by the cartel participants (see paragraph 293). (296) impact of its finding as to the actual In conclusion, the Commission considers that the parties concerned by the present Decision have not been able to rebut the infringement on the lysine market in the EEA. In this respect, the Commission refers to the judgment in Case C-49/92 P Anic, where the Court of Justice held that it is presumed that undertakings, which collude and which continue to operate in the market, take into account the results of their collusion when determining their market behaviour (35). It is for the undertakings concerned in the first instance to put forward evidence capable of showing that the infringement had no actual impact on the decision-making of the participants and therefore on the market. This evidence had not been produced. (34) Louis Phlips, Competition policy: a game-theoretic perspective, Cambridge University Press 1995, Chapter 5, p. 88. (35) Loc cit., at paragraph 121. L 152/54 EN Official Journal of the European Communities 7.6.2001 (cid:151) The size of the relevant geographic market (297) The undertakings concerned by this Decision operated during the period covered by the present proceeding in each part of the EEA. Every part of the EEA was under the same influence of the collusion. The competitive conditions on the supply side and demand side of the market for synthetic lysine were similar throughout the EEA. The Commission considers, therefore, the relevant geographic market to be at least EEA-wide. (301) The Commission therefore considers that the particular circumstances taken into account in the Greek Ferries Decision differ substantially from those in the present case. In particular, the extent of the relevant geographic market in the present case (the EEA) compared with in the Greek Ferries Decision (three Adriatic Sea that routes), as well as the limitation of the collusion to prices in that case, excludes any similarity as to the assessment of the gravity of the infringements. (302) The Commission the undertakings concerned by the present Decision have committed a very serious infringement. concludes therefore that (cid:151) The Commission’s conclusion on gravity (cid:151) Differential treatment (298) Taking into account the nature of the behaviour under scrutiny and its actual impact on the lysine market, which was EEA-wide, the Commission considers that the undertakings concerned by the present Decision have committed an infringement of Article 81(1) of the EC Treaty and Article 53(1) of the EEA Agreement, which satisfies the conditions of paragraph 1(A), third indent, of the Commission’s guidelines on fines defining very serious infringements. (299) ADM and Ajinomoto oppose this conclusion. They consider that the facts support a conclusion that the infringement in this case is of lesser gravity than in typical cartels and justify a conclusion that the conduct should be characterised as a (cid:145)serious(cid:146), rather than a (cid:145)very infringement. Both undertakings refer to the serious(cid:146), Commission’s Greek the Commission regarded the infringement in that case merely as a serious one (36). Ferries Decision, where they engaged, during the period of (300) The Commission notes that in the Greek Ferries Decision the reasoning as to the seriousness of the infringement was manifold: the Commission accepted that the parties did not apply in full all the specific price agreements and that the infringement, in price competition through discounting. Moreover, the Greek Government, during the period of the infringement, encouraged the undertakings to keep fare increases within the inflation rates. Fares were kept at one of the lowest levels within the common market for maritime transport from one Member State to the other. Finally, the infringement produced its effects only within a limited part of the common market, namely three of the Adriatic Sea routes. Even if all routes between Greece and Italy were taken into account, the market was still small compared to other markets within the Community (37). (303) Within the category of very serious infringements, the proposed scale of likely fines makes it possible to apply differential treatment to undertakings. The Commission in the present case, there is considerable notes that, disparity between the the undertakings committing the infringement. sizes of (304) In order to take account of the effective capacity of the undertakings concerned to cause significant damage to the lysine market in the EEA and the need to ensure that the amount of the fine has a sufficiently deterrent effect, the Commission considers it appropriate that larger basic fines should be imposed on Ajinomoto and ADM than on Kyowa, Cheil and Sewon because of the considerable disparity between their It has therefore divided the parties into two groups according to size and taken this into account in determining the starting point for the fine according to the gravity of the infringements. The comparison is made on the basis of total turnover in the last year of the infringement. It is appropriate to take worldwide turnover as the basis for the undertakings because it enables the Commission to assess the undertakings concerned in the markets affected by their illegal behaviour. and importance of comparison of resources size of relative sizes. real the the the Ajinomoto ADM Kyowa Cheil Sewon Total turnover (EUR billion) Total lysine turnover (EUR million) 5 12,6 2,8 1,5 0,946 183 154 73 40 67 (36) OJ L 109, 27.4.1999, p. 24; see also Commission Decision of 14 October 1998, British Sugar (OJ L 76, 22.3.1999, p. 1). (37) See paragraph 148 of the Greek Ferries Decision. (305) The Commission accordingly sets the basic amounts of the fines determined for gravity as regards Ajinomoto and ADM to EUR 30 million and as regards Kyowa, Cheil and Sewon to EUR 15 million. 7.6.2001 EN Official Journal of the European Communities L 152/55 (306) that In the view of ADM, there is no need for deterrence in respect of itself under the European competition rules. It it has already suffered such significant claims sanctions certain penal executives) that it has already been sufficiently deterred from further infringement in the USA, Europe or indeed anywhere else in the world. (including sanctions for and laws. The to the anti-trust with respect laws applicable in the Community, as well as the importance of complying to all guide with those management of employees responsibility within the company whose positions contacts with involve material competitors, material contacts with customers or suppliers, or other functions with a potential anti-trust impact in the Community. decision-making, directed all levels is at (307) ADM refers expressly to the US criminal fine imposed on it which, in its view, addressed (cid:145)fixing the price and allocating the sales volumes of lysine offered for sale to customers in the United States and elsewhere(cid:146). ADM underlines that, in October 1996, it pleaded guilty in a US federal court to a criminal charge of conspiracy to restrain trade in lysine sales in the USA and elsewhere and paid a fine of USD 70 million. In May 1998, ADM also paid a criminal fine to Canadian authorities of CAD 16 million in respect of the same conduct. A fine was also paid to the Mexican authorities. (308) Beyond these criminal fines, ADM put forward that it settled consolidated US civil class action law suits. ADM has paid additional settlement damages to direct and indirect lysine purchasers, resolving various individual US federal and State class action claims. ADM has also paid to settle derivative shareholder actions brought against it, based in substantial part on the behaviour which was the subject of the lysine criminal actions and civil litigation in the USA. (310) Ajinomoto requests that the Commission’s assessment of the appropriateness of any fine in Europe take account of the fact that it has already been subjected to fines in the USA and Canada, and has therefore already been punished for its acknowledged misdeeds. to be (311) The Commission does not consider that, in the present case, fines imposed elsewhere, especially in the USA, on ADM, Ajinomoto or any other undertaking to which the present Decision is addressed, have any bearing on infringing European the fines imposed for that the possibility competition rules. Nor does undertakings may have been obliged to pay damages in civil actions have any relevance. Payments of damages in civil law actions which have the objective of recouping the damages caused by cartels to individual companies or consumers cannot be compared with public behaviour. The for Commission also notes that according to information provided by the authorities of the USA and Canada, the fines imposed by those authorities on the criminal undertakings concerned by this Decision only took account of the anti-competitive effects that the collusion under scrutiny in this Decision produced in the area of their jurisdictions. Finally, criminal fines imposed on individuals cannot in any event be taken into account because the present proceedings do not address natural persons. law sanctions illegal (312) The Commission welcomes ADM’s initiative to set up a compliance policy. However, case indicates, this initiative came too late and cannot, as a prevention tool, dispense the Commission from its duty to sanction the infringement of the competition rules which ADM has committed in the past (38). the present as (309) ADM suggests that, in July 1996, the ADM board of directors approved the company’s first corporate code of conduct and compliance policy. Stressing ADM’s commitment to the highest ethical standards of business the policy states that ADM demands strict conduct, adherence to the letter and the spirit of all laws applicable to the conduct of its business and demands high standards of integrity and ethical conduct from its personnel. The policy also makes it clear that the ADM board of directors, through its audit committee, will assure that the code is properly administered. Moreover, ADM indicates that, in July 1997, the ADM board of directors named a compliance officer and authorised additional staff to expand the company’s compliance efforts. In January 1999, ADM distributed a formal EC competition law compliance guide, detailing the manner in which all ADM employees must conduct themselves (cid:151) Duration (313) In the present case, the undertakings concerned have committed an infringement of medium duration (between three and five years). The starting amounts of the fines determined for gravity (see paragraph 305) are i.e. as to ADM therefore increased by 10 % per year, and Cheil by 30 % and Ajinomoto, Kyowa and Sewon by 40 %. (38) Judgment in Case T-305/94 PVC, loc. cit., at paragraph 1162. L 152/56 EN Official Journal of the European Communities 7.6.2001 (cid:151) The basic amount (314) The Commission accordingly set the basic amounts of the fines as regards ADM at EUR 39 million, as regards Ajinomoto at EUR 42 million, as regards Kyowa at EUR 21 million, as regards Cheil at EUR 19,50 million, and as regards Sewon at EUR 21 million. discretion in the fixing of fines pursuant to Article 15(2) of Regulation No 17 are the legal thresholds indicated by that provision, which refer, inter alia, to the total turnover of the undertakings concerned. For the rest, in assessing the present case in accordance with the the Commission has taken due guidelines on fines, account of the economic importance of the particular activity concerned by the infringement in its conclusions of gravity. (315) ADM, Ajinomoto and Kyowa are of the opinion that, in the present case, it would not be appropriate for the Commission, in fixing the amount of the fines, to follow the methodology explained in its guidelines on fines. They suggest that setting a fine by reference to a fixed basic amount according to the category of infringement without complementary reference to turnover affected by the infringement may result in illegal fines even if the limit in Regulation No 17 is not exceeded. They clearly assert considered vital constituent of the Commission’s calculations when setting a proportionate and therefore a legitimate fine. the The undertakings Commission may not radically alter the basic method of setting fines without warning or impose heavier fines based on a new methodology on offenders who have terminated their the new methodology was published or had even been mooted at a consultative level. previous Community to turnover in question maintain that activities before practice to be reference illegal that a (316) ADM refers to paragraphs 94 and 95 of the judgment in case T-77/92 Parker Pen (39) in which the Court of First Instance stated that the Commission did not take into account the fact that the turnover accounted for by relates was to which the infringement the product relatively low in comparison with the turnover resulting from Parker’s total sales, and therefore reduced the Commission’s fine. ADM is of the Court made it clear that a fine set without regard to the company’s Community turnover in the goods to which the considered relates would disproportionate for that very reason. the opinion that infringement be (317) The Commission notes from the outset that as it is not possible to have recourse to the method which is provided for in its guidelines of fines, in cases where the decision predates those guidelines (40), it is equally not possible to question the Commission’s right to follow the method, which the guidelines lay down, in cases where the decision is taken after its publication. (318) As to the need to take account, in fixing the fine, of the turnover in the product in question the Commission agrees that, in the past, it frequently determined the fine according to a base certain rate percentage of sales in the relevant Community market. the Commission’s However, the only constraints of representing a (39) [1994] ECR II-289. (40) Case T-141/94 Thyssen, loc, cit., at paragraph 666. calculated on the basis of (319) Kyowa submits that, in view of its cooperation with the Commission in the present case, fairness and due process require that any fine imposed on it by the Commission be the regulations, precedents and practice of the Commission applicable into its time Kyowa cooperation with the Commission. The relevant factual considerations Kyowa puts forward to constitute the circumstances of its cooperation include behaviour of the Commission’s staff in discussions regarding the basis for its cooperation. entered the at to decide, (320) Kyowa suggests that in meetings with the Commission’s staff, which occurred on 31 July and 1 August 1997, while always recognising that the amount of the fine is the Commission itself a matter the for methodology the Commission for then used by determining its potential fine was discussed. According to Kyowa, the Commission’s informed that to base the fine on an traditional approach was enterprise’s turnover within the common market for the product involved in the investigation during the last year of the illegal conduct, and that there was nothing in this investigation which would warrant a different approach. it was (321) Kyowa stresses that the substance of its discussions with the Commission’s staff was summarised in a letter sent to the Commission on 7 August 1997. Kyowa underlines that the letter clearly and unequivocally sets forth the bases upon which Kyowa proceeded with its the expectation that any base fine cooperation, would be calculated in accordance with the then existing traditional Commission approach. i.e. (322) In the Commission’s view the substance of Kyowa’s discussions with the Commission’s staff on the terms of its cooperation is evidenced by Kyowa’s letter of 7 August 1997, read in conjunction with a letter, which the Commission, letter, in response addressed to Kyowa on 25 August 1997. to Kyowa’s (323) It is true that the Commission did not dispute that, in the past, it frequently determined the fine according to a base rate representing a certain percentage of sales in the relevant Community market. However, in its letter 7.6.2001 EN Official Journal of the European Communities L 152/57 of 25 August 1997 the Commission expressly stated that (cid:145)it is evident that there are a number of different elements which determine the importance of a possible fine, the infringement and the benefit for the parties generated by the infringement(cid:146). the duration and gravity of such as likely fine, but, on the other hand, imposes on the Commission its own terms of cooperation by declaring in relation to its expectations as to the possible fine, cannot make which the Commission’s any statements without the Commission’s discretion as to the imposition of the fine. staff committing (324) It is the Commission’s view that the terms of reference of any cooperation with the Commission are set by the leniency notice. Already in the first meeting between Kyowa and the Commission’s staff concerning Kyowa’s potential cooperation in the Commission’s investigation, which took place on 8 July 1997, the Commission’s the investigation made (cid:145)specific staff reference(cid:146) (41) to the leniency notice. in charge of (b) Aggravating circumstances (cid:151) Role of leader in the infringement (325) The leniency notice sets out the conditions under which enterprises cooperating with the Commission during its investigation into a cartel may be exempted from fines, or may be granted reductions in the fine which would otherwise have been imposed upon them. Furthermore, that cooperation by an the notice expressly states enterprise is only one of several factors which the Commission takes into account when fixing the amount of a fine. (326) Concerning the procedure, the leniency notice explains that where an enterprise wishes to take advantage of the it should favourable treatment set out in the notice, contact for Competition. But that only on its it also specifies adoption of a decision will the Commission determine the fine. the Commission’s Directorate-General (327) Although the Commission is aware that the leniency notice will create legitimate expectations on which enterprises may rely when disclosing the existence of a cartel to the Commission, these expectations concern only the non-imposition or reduction of a possible fine, provided that all the conditions set out in the notice are met, and not the basic amount of the fine. (328) In particular, It is therefore clear, that any legimitate expectation in view of the amount of the fine which the Commission imposes at the end of a proceeding, can only arise from the leniency notice itself. it is excluded from the outset that an enterprise wishing to take advantage of the favourable treatment set out in the notice terms different from those explained in the notice. More specifically, it is not possible that such an undertaking, during its contacts with the Commission’s staff, on the the the one Commission’s staff to commit the Commission as to the indirectly determine can directly or impossibility recognises hand, of (41) At page 2 of Kyowa’s written reply of 1 February 1999 to the Commission’s statement of objections of 29 October 1998. (329) The Commission considers that ADM and Ajinomoto were the leaders in the infringement. This allegation is based on the following considerations. (330) Until the entry of ADM onto the market for lysine, Ajinomoto established the lysine prices which the other Asian producers agreed to follow (meeting of 20 September 1990). It was also the prime mover in ensuring that the other Asian producers agreed to cooperate with ADM in the framework of the global cartel. On 1 October 1992, Ajinomoto became a proxy for ADM in local European conspiracy meetings. During its talks with ADM of 4 November 1992, Ajinomoto and ADM envisaged economic sanctions against Sewon. Two days earlier, Ajinomoto threatened Sewon with an anti-dumping action in Europe. On 25 October 1993, Ajinomoto agreed with ADM that it would get the other Asian producers to agree to the allocation scheme. On 23 November 1994 and 20 April 1995, Ajinomoto (and Kyowa) again tried to persuade Sewon to agree to a allocation. Moreover, Ajinomoto manned and organised the secretariat of the quantity monitoring system. sales quantity in order (331) After its entry onto the lysine market and until June 1992, ADM used the price of lysine to force other lysine producers to conclude with it agreements with the purpose of restricting competition on the lysine market. ADM repeated this behaviour in the first half of 1993, to conclude quantity agreements. Moreover, on 19 May 1994, ADM warned Sewon to reduce its sales or there would be pressure on price. On 23 August 1994, ADM threatened the other lysine producers with another price war, and predicted that Sewon would be severely damaged not only in the overseas markets but in the Korean market as well. lysine producers to force other (332) Both ADM and Ajinomoto were the driving forces behind the global cartel. The meetings of 30 April 1993 in Decatur, continued on 14 May 1993 in Tokyo, and involving the top of 25 October 1993 in Irvine, management in particular illustrate the leading roles ADM and Ajinomoto played in the infringement. both undertakings, of L 152/58 EN Official Journal of the European Communities 7.6.2001 (333) ADM and Ajinomoto contest the Commission’s finding on the role they played in the infringement. the sales allocation scheme. It suggests that the evidence shows that Ajinomoto would undertake this task. (334) ADM suggests that Ajinomoto, Kyowa and Sewon operated a cartel for at least 17 years prior to its market entry. ADM submits that the long-standing nature of the cartel prior to its appearance on the scene highlights that it could not plausibly be thought to have achieved a a long-standing in arrangement entry into the market. immediately upon its leadership position such (335) Concerning its price strategy, ADM holds that the Commission’s allegation that it engaged in price cutting is unsupported and to force quantity agreements incorrect. ADM contends that its pricing strategy was consistent with the price needed to achieve its target of 50 % market share in five years. In the context of this plan and in view of the incumbent producers’ strategy, its low pricing was in fact the only option available to it to attempt to establish entry into the lysine market. ADM claims that the constant price wars throughout the the the than any non-implementation of leadership role within it. infringement the cartel period reflect rather of (336) As regards the events on 4 November 1992, 19 May 1994, and 23 August 1994, ADM notes that the only ADM representative present was Mr Whitacre. After 4 November 1992 this ADM official was working with the FBI. ADM claims that Mr. Whitacre’s actions exaggerated its role in the infringement. ADM puts forward that he was motivated by a personal objective to deflect onto ADM an FBI investigation of his own criminal acts by expanding ADM’s potential culpability in future criminal proceedings. (337) In addition, ADM indicates that the description of the 4 November 1992 conversation belies the suggestion that ADM and Ajinomoto were collaborating to punish Miwon. ADM stresses that it made it clear that it was intending to ship to Korea before any suggestion of sanctions against Miwon was made by Ajinomoto. It was ADM’s independent commercial decision to make the shipment. Concerning the meeting on 19 May 1994 its representative with Sewon, ADM underlines that merely noted that prices would reduce if volume increased. This sentence is simply a statement of the natural outcome of supply and demand. (339) The Commission does not accept that the mere pre-existence of the cartel excluded that ADM played from the beginning of its involvement a leading role in the collusion. As is shown by ADM’s behaviour during the meeting of 23 June 1992 in Mexico, ADM immediately took the lead as to the future structure of the cartel by referring to its experience in the citric acid collusion. (340) Moreover, the Commission does not put into question ADM’s awareness that, under normal conditions of competition, its volume targets could only be reached by fierce price competition. However, it is clear from the information in the Commission’s possession that ADM’s first choice was to realise its volume targets with collusive prices (meetings of December 1991 with Ajinomoto and Kyowa). By its temporarily low prices ADM demonstrated towards its competitors the losses that all operators would have to bear in the absence of an agreement on volumes and prices. These statements of the outcome of supply and demand in case of substantial price cuts constitute threats towards the other lysine producers, and in particular in relation to to volume Sewon which was to submit reductions. Therefore the Commission’s finding that ADM engaged in price cutting to force quantity agreements is coherent with ADM’s primary goal of achieving a 50 % market share. reluctant (341) As to the question whether Mr Whitacre’s actions have to be attributed to ADM, the Commission notes that of ADM’s Mr Whitacre was President former Bioproducts Division reporting directly to ADM’s vice-chairman. ADM’s vice-chairman, who had no connections with the FBI, was equally involved in the lysine cartel activities conspiracy. Moreover, ADM’s started well before Mr Whitacre’s commitment to work for the FBI, which in particular is demonstrated by the meetings of 23 June and 1 October 1992. It is therefore clear that Mr Whitacre acted within ADM’s overall company policy towards lysine. (342) Ajinomoto claims that in the period prior to mid-1992, when meetings and agreements with ADM began, the initiative for discussions of the European market did not come from Ajinomoto but rather from Sewon and Kyowa. Ajinomoto holds the meetings among Ajinomoto, Kyowa, and Sewon, which took place at the end of 1990 and the beginning of 1991, alternated between Tokyo and Korea, as the three companies took turns hosting the meetings. that (338) Finally on this point, concerning the meeting of 25 October 1993 with Ajinomoto, ADM emphasises that it did not undertake to get the other producers to agree to (343) Ajinomoto contends that, in particular, the lysine price agreed on 20 September 1990 between the Asian producers was not imposed on the other two producers, but instead that this price had been discussed among 7.6.2001 EN Official Journal of the European Communities L 152/59 tentative the three producers by telephone and that prior to the reached. meeting Ajinomoto alleges that rather than being forced to go along, Sewon enthusiastically agreed to the proposed arrangement. agreement been had it did not initiate discussions (344) Ajinomoto alleges that with ADM nor did it force any other producer to participate in the cartel. To the contrary, Ajinomoto asserts the and Orsan position (Ajinomoto’s joint venture partner in Eurolysine) to ADM, and vice versa. frequently used to express it was of Kyowa, Sewon, Cheil, that it that (345) Ajinomoto claims that ADM affected the conduct of the incumbent producers well before its effective entry to the market. The incumbent producers were aware of ADM’s intention to enter the lysine market from an realising also that ADM’s huge capacity early date, intended to carve out a build-up meant significant share of for itself. Ajinomoto incumbent underlines producers to inform them of its plans in this regard in 1991. A review of the chronology of events prior to entry into the and immediately following ADM’s in Ajinomoto’s European lysine market demonstrates, opinion, the extent to which the incumbent producers capacity build-up and were aggressive assumed latter effective control. that ADM approached influenced by ADM’s even before the market stance, the the (346) Ajinomoto suggests that, from its market entry, ADM was the sole leader in the infringement, proposing the structure and main workings of the price fixing and volume allocation initiatives. Ajinomoto maintains that by the time ADM began full production, it was actively orchestrating the cartel’s proceedings. In particular, ADM forced the other manufacturers to discuss prices and charging very and volumes by threatening to do so again if its demands were not met. Ajinomoto suggests that ADM proposed the structure and main workings of the price fixing and volume allocation initiatives, which were copied from the citric acid cartel in which ADM had participated. low prices, (347) Ajinomoto contests the Commission’s assertion that, on 1 October 1992, it became a proxy for ADM in local European conspiracy meetings. It puts forward that, in reality, it was simply, at ADM’s direction, to be used as a conduit to report to ADM on future meetings. it (348) Ajinomoto is of the opinion that it would have been to coerce Sewon (or any other impossible for to agree to its proposals. As regards its producer) alleged threat of an anti-dumping action, Ajinomoto the party interested in the issue of maintains that anti-dumping was but Orsan, Ajinomoto’s partner in Eurolysine. Ajinomoto indicates that Eurolysine was at the time effectively managed by not Ajinomoto Orsan and its owner La Farge CoppØe, over whom the Eurolysine Ajinomoto had no control, and that representatives at the meeting of 2 November 1992 were appointed by Orsan. Ajinomoto suggests that as ADM was going to ship lysine to Korea in any event, regardless of any encouragement on its part which could have occurred on 4 November 1992, the idea of economic sanctions against Sewon cannot be attributed to it. Ajinomoto does not contest that, on 23 November 1994 and 20 April 1995, it tried to persuade Sewon to agree to a sales quantity allocation. It claims, however, that the fact that it had to try to (cid:145)persuade(cid:146), rather than force Sewon to agree to ADM’s demands, is hardly a sign of leadership. (349) Concerning the role it played on 25 October 1993, Ajinomoto contends that it simply tried to persuade the other producers to comply with ADM’s demands. Ajinomoto suggests that, in reality, it was ADM’s plan, by ADM’s which was vice-chairman. Ajinomoto admits that, once again, it was the intermediary between ADM and the other producers, but not a leader. the meeting devised at it for that assumed responsibility (350) Ajinomoto states that the the role of manning the cartel secretariat was imposed on it by ADM. Ajinomoto claims that from the evidence it is apparent that ADM suggested the idea. Moreover, Ajinomoto holds that the fact certain administrative tasks cannot be taken as evidence that it was a leader. It refers to the Commission Decision in Cement, where the Commission noted that the fact that different undertakings may play differing roles in the pursuit of the common objective is in the nature of cartels (42). Ajinomoto alleges that, the reason why Eurolysine sent out invitations to the other producers because Eurolysine had the chairmanship of the Fefana amino acid working party. Ajinomoto argues it and Kyowa acted as coordinators because, unlike the Korean producers, large manufacturers with worldwide coverage, who were therefore interested in since lysine activities Ajinomoto had the largest market position and since all participants in the cartel other than ADM were Asian corporations, Ajinomoto finds it not surprising that it was requested to act as coordinator. Fefana meetings was In particular, for example, they were regions. in all that the to (351) Ajinomoto puts forward that Sewon and Kyowa also frequently took the initiative in cartel discussions. Ajinomoto suggests all other producers played an equal role in responding to the threat posed by ADM. Ajinomoto suggests if, during the early stages of the discussions with ADM, any companies just as instrumental as itself. Ajinomoto also suggests that if it took the lead, Kyowa was in particular, that, that (42) OJ L 343, 30.12.1994, p. 1, paragraph 46. L 152/60 EN Official Journal of the European Communities 7.6.2001 stresses infringement, Ajinomoto was a leader, Kyowa should also be classed as such, since, on 23 November 1994, it too sought to persuade Sewon to accept ADM’s demand. As to Sewon’s role in the this undertaking was an active participant in price fixing the period and participated in volume throughout allocation, except where it disagreed with the volume the others were willing to allocate it. Ajinomoto asserts that, rather than a victim of the conspiracy, in reality to its own benefit, while Sewon used the cartel the other free-riding on the volume agreements of producers. that the Kyowa, (352) As to Ajinomoto’s claims that in the period prior to mid-1992 the initiative for discussions of the European market did not come from it but rather from Sewon and that the market Ajinomoto/Eurolysine was, at leader in the EEA. It therefore had the choice to accept or those initiatives. Once it accepted the collusion, it also took the lead in the coordination. This is confirmed by the information in the Commission’s possession concerning the meeting of 20 September 1990. Commission to reject notes time, that (353) In relation to the tasks which Ajinomoto assumed in the framework of the conspiracy (intermediary between, on the one hand, ADM and, on the other hand, Kyowa, fake Fefana Sewon, Cheil and Orsan, organiser of meetings, manning the Commission considers that it is irrelevant whether these tasks were offered to Ajinomoto by the other participants or seized by Ajinomoto on its own for the conclusion that initiative. The decisive point Ajinomoto was a leader in the infringement is that this undertaking actually exercised these functions. secretariat) cartel the (354) Concerning Ajinomoto’s repeated attempts to bring Sewon into a comprehensive volume agreement, it is clear that also ADM and, to a lesser degree, Kyowa have from time to time participated in these actions or even taken similar action on their own initiative. However, these actions demonstrate again the active role played by Ajinomoto in the infringement and contribute to the overall assessment that it was a leader. It must, however, the role played by Kyowa, which be stressed that undoubtedly was cartel member, was substantially different from the roles played by ADM and Ajinomoto, both in relation to frequency and to importance for the cartel’s operation. an active (355) Finally on this point, the fact that ADM also played a leading role in the infringement does not excuse Ajinomoto’s behaviour. Both undertakings were by far the most powerful cartel members with the same ambition, to be the leader in the world lysine market. i.e. (356) For these reasons, ADM’s and Ajinomoto’s basic i.e. amounts of the fine are increased by 50 % each, with regard to ADM by EUR 19,50 million, and with regard to Ajinomoto by EUR 21 million. (c) Attenuating circumstances (cid:151) An exclusively passive role in the infringement (357) Sewon and Cheil claim that they played an exclusively passive role in the infringement. (358) Sewon submits that it was forced to participate in the infringement by means of threats from the large lysine It producers, namely Ajinomoto, ADM and Kyowa. holds that through its obstructive conduct, undertaken at great it very often prevented the producers from reaching a consensus. risk to itself, (359) First, with regard to the collusion on price, Sewon maintains that it was not in a position to openly oppose the demands of the large producers. In order to force cooperation from Sewon, these producers continuously its threatened Sewon with measures existence. endangering it (360) Second, with regard to volume allocation, Sewon states that, despite threats and intimidation from the large producers, resisted the allocations agreed upon between the large producers and obstructed their activities. For fear of retaliatory measures by the large producers, Sewon tried to avoid open conflict with these producers and, as a result, at times gave the impression of being willing to cooperate on the issue of volume allocation. Sewon states that open confrontation with the large producers was nevertheless unavoidable as from the meeting of 19 May 1994 in Paris, where Sewon revealed its major in production capacity, causing substantial retaliatory threats from the large producers and the eventual collapse of the entire conspiracy. increase (361) Cheil suggests that, as a small producer and a new entrant into the market, it invariably adopted a very low profile when attending meetings with the other companies. It maintains that it never took the initiative to call any meeting and it never led the discussions at any meeting. Cheil claims that, in fact, the principal reason why it attended these meetings was to gain further insight into the lysine industry. (362) The Commission rejects Sewon’s arguments for the most part, and Cheil’s arguments in their entirety. (363) The Commission notes that, in a cartel and for the purpose of determining the appropriate fine, there are three categories of members, i.e. leaders, active members In the present case, ADM and and passive members. 7.6.2001 EN Official Journal of the European Communities L 152/61 Ajinomoto were the leaders. As to the role of the other three cartel members, the Commission is of the opinion that in substance (indeed in a few instances Kyowa took a leading role) into the category of active members. This follows not only from the frequency of their participation in meetings during a long period, but also from their behaviour during the meetings where they actively took part in the discussions. they fall (368) Sewon claims that it consistently undercut the agreed target prices. (369) Cheil states that its prices were almost always the lowest in the market, in some cases up to 25 % lower than the prices charged by the other companies. (364) In fact, Sewon and Cheil do not call in question the Commission’s finding on this point. Rather they put forward justifications for their active participation in the collusion. However, neither the threats of which Sewon thought that it was the target nor Cheil’s need to gather information can justify infringements of the European competition rules. Sewon should have informed the competent authorities, including the Commission, of the illegal behaviour of its competitors in order to put an end to it, and Cheil would have, with some effort, certainly found legal means of gathering information granting it into the lysine industry for operating its lysine business in competition with the other producers. the insight (365) The Commission, nevertheless, considers that, from the beginning of 1995 and in relation to sales quantities, from an active to a Sewon changed its behaviour passive member in the infringement. Indeed, Sewon was not a party to the 1995 agreement on quantities, and though Sewon remained a participant in the agreement in the on the exchange of beginning of 1995, to inform the other producers on its sales the Commission finds that the increase in Sewon’s fine on account of duration should be reduced by 20 %. quantities. Under circumstances, information, it ceased, those (370) Ajinomoto suggests that it is apparent from the data referred to in the present Decision that the cartel members did not keep to agreed prices. It stresses that the five cartel members never achieved the same average monthly price. (371) As to the agreements on quantities, ADM states that it substantially exceeded its allocations each year. Its in its production capacity and relentless production attest that there was never any reduction or restraint in its production or supply of lysine. increase (372) Sewon asserts that it increased its worldwide sales from approximately 27 000 tonnes in 1990 to approximately 43 000 tonnes its production and sales capacity at all times. in 1995 and made full use of (373) Cheil claims, in particular, that although it indicated that it might accept a production capacity of 17 000 t (at the Honolulu meeting in March 1994), at the time this indication was given, it had already taken the internal decision to expand its capacity to 40 000 t. (cid:151) Non-implementation in practice of the offending agreements (374) As to the agreement on the exchange of information, ADM notes that it behaved strategically by lying and dissembling, in its exchanges of information with the other lysine producers, about common information and and such as prices variables proposed market allocation quotas the relevant period. sales throughout to customers, (366) ADM, Ajinomoto, Sewon and Cheil suggest that they offending implement practice, the in not, did agreements. (367) As to the price agreements, ADM states that, excepting at most those concluded during the Tokyo meeting of 8 December 1993 and the meeting in Hawaii of 10 March 1994, its actual European transaction prices charged around the time of each price agreement referred to in the present Decision were lower than those agreed upon. ADM contends that the other producers were well aware that it was not implementing any agreed terms. ADM is of the list price instructions, to which the Commission refers in the present Decision, must be contrasted with the analysis of transaction data comparing the prices stated, to have been agreed with actual ADM prices, which were far below that level. ADM contends that this transaction analysis is a more accurate reflection of ADM’s pricing than the list prices. the opinion that (375) Cheil claims that, whenever it submitted data on sales volumes, such data were continuously incorrect as they understated its actual sales. Cheil stresses that in fact it supplied misleading other companies. Cheil maintains that, for example, in 1994 it reported 8 951 t total sales in Europe, whereas the real sales volume amounted to 9 689 t. information the to (376) The Commission notes the implementation of that agreements on target prices, which were agreed in most cases, does not necessarily require that these prices eventually are actually applied in the market. Such agreements are implemented when the parties fix their prices in order to move them in the direction of the target agreed upon. From the information in the Commission’s possession it is clear that, in the present case, after most of the parties fixed their prices in accordance with their agreements. the price agreements, L 152/62 EN Official Journal of the European Communities 7.6.2001 rebates resulting in different the fact (377) Moreover, it cannot be expected that, by implementing a price agreement, a party to this agreement charges to its customers one single price. Normally, customers get a variety of actual transaction prices. Therefore, that different actual transaction prices exist in relation to a company’s customers and to the customers of different companies does not prove agreements were not implemented. A company’s internal price instructions, as have been discovered by the Commission in the case the of ADM, implementation of price agreements. reliable proof that price the most are of it is clear (378) With regard to the implementation of the agreements the cartel members on quantities, considered the quantities allocated to them as the minimum quantities. As long as every party was able to sell at least the quantities allocated it, the agreement was information in the to the respected. According Commission’s possession, this was the case. that (382) (383) the ended infringement. However, In the present case, the Commission carried out its first investigation on 11 and 12 June 1997. At that time, the undertakings concerned by the present Decision had already the Commission considers that, if the undertakings had not ended the infringement on their own initiative before the Commission intervened, but the infringement is caused by the intervention of another authority, the termination of the infringement will only then constitute an attenuating circumstance in the setting of the fine, if the undertaking had terminated the infringement as soon as the other authority intervened. the end of if the FBI searched the offices of ADM, In the USA, Ajinomoto and Sewon on 27 June 1995. The Commission has no reason to believe the undertakings the present Decision continued the infringement beyond that date. concerned that by (379) Concerning the implementation of the agreement on the exchange of information, it is the Commissions’s view that such an agreement is implemented as soon as the parties submit to each other the data they agreed upon. The question whether this data is correct, and to what degree, as well as whether incorrect data had been is not relevant in submitted in error or intentionally, this context. the data, submitted to each other by the cartel members, was acceptable when compared with each of the producers’s own data concerning the total market. it appears that In any event (384) For those reasons, the basic amounts of the fines are decreased by 10 % each, i.e. with regard to ADM by EUR 5,85 million, with regard to Ajinomoto by EUR 6,30 million, with regard to Kyowa by EUR 2,1 million, with regard to Cheil by EUR 1,95 million, and with regard to Sewon by EUR 1,98 million. (cid:151) Other attenuating circumstances (380) In principle, an agreement restricting competition is implemented where the cartel members determine their conduct on the market according to the joint intentions expressed. In case of repeated agreements, concluded over a long period, the Commission is of the opinion that it can be presumed that the agreements have been implemented by each of the parties as they would not have repeatedly agreed to meet in locations worldwide to fix prices and share markets over such a long period the undertakings of concerned bear the full burden of proof to show that they did not, the offending agreements. The Commission finds that the arguments put forward by the parties do not rebut either the proof on which the Commission bases its conclusion, nor the described presumption. In such circumstances, in practice, implement time. (385) ADM submits impact of its that any detrimental participation in the infringement was outweighed by the its entry into the market and positive effects of continuing increases in production. In this respect, ADM argues that, prior to its entry, the incumbent producers had operated a policy of high prices and restricted output. ADM claims that, in contrast, it made it clear that lysine is a commodity. ADM considers that its entry into the production and sale of synthetic lysine in Europe resulted in a net benefit to customers and estimates total benefits for the years 1992, 1993, 1994 and the first half of 1995 to be between approximately USD 147,7 million and USD 152,2 million. (386) Furthermore, ADM justifies its collusion with its lysine competitors by both offensive and defensive factors. (cid:151) Termination of the infringement as soon as a public authority intervenes (387) From a defensive point of view, ADM claims that there was a real threat of retaliation by the lysine producers’ cartel existing before its market entry. (381) In its guidelines on fines, the Commission has indicated that it will reduce the basic amount of the fine when offenders terminate the infringement as soon as the Commission intervenes, and in particular when it carries out checks. (388) As to the offensive factors, ADM maintains that lysine market data of various sorts, even in aggregate or generalised form, were simply not readily available to ADM managers. ADM adds that, equally, there were no mechanisms in place to assist it to discern any effort to 7.6.2001 EN Official Journal of the European Communities L 152/63 grow overall demand for lysine. ADM suggests that such enabled it engaging the information. to find out cartel (389) The Commission does not agree that the reasons, which ADM puts illegal behaviour, constitute attenuating circumstances in view of the determination of the appropriate level of the fine. forward in order to justify its (390) First, the Commission considers that it is clear that the benefits to the European economy would have been greater if ADM had competed with the other lysine producers. The European economy, and in particular the European consumers, suffered an important loss which otherwise would not have occurred if ADM’s market entry and its subsequent behaviour on the market were realised under normal conditions of competition (see paragraphs 261 to 297 concerning the assessment of the infringement on the lysine the actual market that ADM’s illegal It behaviour had a substantial negative impact on the lysine market in the EEA. impact of in the EEA). is clear collusion with its (391) Secondly, as to the offensive and defensive factors by lysine its which ADM justifies competitors, from the outset, the Commission notes, that ADM does not claim, and indeed has not submitted any proof, that it was aware of the existence of the Asian/European cartel. Therefore, that ADM had to defend itself against retaliation by the incumbent lysine producers by joining this cartel has to be rejected. In any event, instead of joining the cartel, ADM should have privately enforced the competition rules or denounced the its competitors to the competition authorities. illegal behaviour of the argument (394) The Commission rejects the and commercial commercial benefits of activity should be used to offset the negative effects of infringements of the competition rules. suggestion that industrial the (395) Kyowa suggests that, during the cartel period set forth in the present Decision, in the EEA it enjoyed only a small profit those years, and suffered substantial losses during the other four years. Kyowa claims that, in the EEA, its lysine business suffered net losses for the period as a whole. Kyowa requests the Commission to take account of this fact. for one of (396) The Commission does not consider that, in general, an losses which occurred during the period of infringement of the competition rules, constitute an attenuating circumstance in the fixing of the fine. In any event, the Commission should know the reasons which formed the basis of the losses in order to be able to assess relevance. However, Kyowa has not their indicated such reasons. (d) Application of the Commission’s leniency notice stages of at different (397) The addresses of the present Decision have cooperated with the Commission, the investigation and in relation to different periods covered the by the investigation into the infringement purpose of receiving the favourable treatment set out in the Commission’s leniency notice. In order to meet the legitimate expectations of the undertakings concerned as to the non-imposition or reduction of the fines on the basis of their cooperation, the Commission examines in the following section whether the parties concerned satisfied the conditions set out in the notice. for (392) Finally on this point, with regard to information gathering, it is clear that behaviour which, in principle, is prohibited pursuant to Article 81(1) of the EC Treaty and Article 53(1) of the EEA Agreement can only be declared to be compatible with the common market if the conditions set out in Article 81(3) of the EC Treaty and Article 53(3) of the EEA Agreement are met. That is not the case here. There can be no doubt that if information cannot be collected by legal means, which in the Commission’s view in practice did not occur, the undertakings concerned have to operate on the market without such information. (cid:151) Preliminary remarks (398) ADM indicates that after the 27 June 1995 search of its offices by the FBI, it has fully cooperated with the US authorities, and hence indirectly with authorities of other States with which the USA has an agreement on cooperation in anti-trust matters. ADM therefore claims favourable treatment under the leniency notice. (393) ADM and Ajinomoto stress that they have contributed the European significantly to the development of in Europe, industry, creating employment agricultural and generating revenues in Europe through the export of their positive contribution to the European economy be taken into account in their favour in the Commission’s assessment of any fines in the present case. lysine. They therefore request that (399) Moreover, ADM alleges that, by ADM Ingredients’ response of 24 October 1997 to the Commission’s formal information of 28 July 1997 pursuant to Article 11(1) of Regulation No 17, it had cooperated with the Commission in establishing the facts relating to the present proceeding. requests for (400) Furthermore, ADM claims that, after having received the statement of objections in the present case, it provided L 152/64 EN Official Journal of the European Communities 7.6.2001 the Commission with information and documents in which materially contributed to the establishment, relation to the period before its own market entry, of the full extent of the infringement by the other lysine producers. It concludes that this behaviour should be the rewarded with a reduction of leniency notice. the fine under (404) particular outside the exercise of any investigatory power used by the Commission (43). that In relation to the information ADM submitted to the Commission on the behaviour of the lysine producers before its market entry and without taking any position as to the value of the information provided by ADM, to the difference between the Commission points (cid:145)whistle blowing(cid:146) and (cid:145)self-incrimination(cid:146). The provision of information on cartels in which the informant has not participated cannot, by the very fact the informant is not the subject of any fine, be dealt with under the leniency notice. This principle applies equally to cartel members which provide information on periods for which a fine cannot be imposed on them. The benefit of the leniency notice arises only in favour of enterprises participating in cartels, which are deterred from informing the Commission of the existence of the cartel by the risk of incurring fines. In the present case, there is no risk for ADM of being fined for the period before its involvement in the collusion with the other in the parties. Although the Commission welcomes, information on the existence of public interest, all cartels, from parties which are not involved in the collusion, there is no possibility for the Commission to reward such informants. including that (405) At section I of its requests for information of 28 July the Commission required ADM to submit all 1997, business records in relation to a number of meetings with other amino acid producers. In response to this request, ADM Ingredients replied on 24 October 1997 that its offices in Europe had been requested to locate the requested information, and that it had also requested the assistance of its US parent company. In its reply of 24 October 1997, ADM Ingredients enclosed copies of documentation relating to the travel arrangements of some of its officials. It then noted that these are the only documents it can locate which are responsive to the Commission’s questions relating to these meetings. the present proceedings, However, could have provided the ADM admitted that the documents which it Commission with copies of provided to the US authorities. It suggests that it did not do so because it considered that the provision of those documents would not, in practice, provide worthwhile assistance to the Commission. in the course of it (406) is It the Commission’s view that ADM refused to its cooperate with the Commission in carrying out investigation in the present case. The Commission has come to this conclusion on the basis that ADM did not supply the information in its possession corresponding to the meetings with competitors the Commission in its requests for information of 28 July 1997 pursuant to Article 11(1) of Regulation No 17. The Commission therefore considers that ADM has not listed by (43) Case T-308/94 Cascades, loc. cit., at paragraph 260. its participation in meetings (401) Finally, ADM alleges that it always was willing to satisfy the conditions of the leniency notice to the best of its ability. ADM claims that it was prepared to supply to the Commission information which was available to it and that it is prepared in future to divulge any relevant information as soon as it becomes able to do so. ADM notes, however, that the persons most knowledgeable concerning and communications with the cartel were not in a position to provide ADM with information that would have to cooperate with the Commission. permitted it Moreover, though ADM could have provided the Commission with copies of the documents which ADM provided to the US authorities, it did not do so because these documents the provision of it considered that would not, in practice, provide worthwhile assistance to the Commission without access to the individuals involved. ADM argues that it would be inequitable to prejudice a company which satisfies the conditions of the leniency notice to the best of its ability. ADM is of the opinion that the relevant criterion should be whether a company is prepared to and does divulge the full extent of relevant and useful information available to it. (402) As i.e. jurisdiction, to ADM’s possible cooperation with the US authorities in their lysine investigation, the Commission notes that, according to the information provided by the authorities of the USA, their investigation was limited to the anti-competitive effects that the collusion under scrutiny in the present Decision produced in the area of their is the USA. obvious that the US authorities have no competence to find an infringement of the European competition rules. The Commission admits that the intervention of the US authorities caused the end of the collusion effecting the EEA. It is however clear that any fine to be imposed by the European the Commission in application of competition rules the if cooperation of the undertakings concerned by this Decision was with the Commission. In any event, can only reduced be it (403) Regarding ADM Ingredients’ to response the Commission’s requests for information, the Commission does not agree that the submission of the information qualifies for any reduction of the fine under the leniency notice. As an addressee of a formal for information pursuant to Article 11(1) of Regulation No 17, ADM Ingredients was obliged to supply the information. Although it the cooperation is provided by the undertaking concerned on its own initiative, it is clear from the leniency notice and in cooperation must be voluntary, that is not necessary that request the 7.6.2001 EN Official Journal of the European Communities L 152/65 cooperated in the Commission’s inquiry and cannot benefit from sections B and C of the leniency notice. (cid:151) Non-imposition of a fine or a very substantial reduction in its amount One other (Mr Ikeda), although retired in 1994, on 28 January 1999 delivered a statement which forms part of Ajinomoto’s defences in the Commission’s proceedings. The Commission therefore has reason to believe that Ajinomoto is in possession of, or is able to obtain cartel’s possession of, existence in relation to the period before ADM’s market entry. information concerning the (407) Ajinomoto suggests that it meets the conditions for non-imposition of a fine laid down in section B of the leniency notice, and that the nature of its cooperation with the Commission therefore qualifies full leniency. for it (408) The that time, Commission that Ajinomoto acknowledges informed the Commission about cartel under the scrutiny in this Decision before the Commission had undertaken an investigation, ordered by decision (see paragraph 177). The Commission also acknowledges it did not already have sufficient that, at information to establish the existence of the alleged cartel. The Commission notes that already before Ajinomoto approached the Commission on 12 July the lysine cartel had received extensive press 1996, in the USA and elsewhere, which the coverage Commission confirmed to Ajinomoto on 1 August 1996. Moreover, on 27 August 1996, when Ajinomoto provided the first documents Justice under its cooperation, first criminal anti-trust informed the public on its charges in its lysine investigation against, inter alia, Ajinomoto. the US Department of addressed in a letter (409) Ajinomoto was the first of of evidence the cartel members to adduce The existence. cartel’s the Commission also considers that this evidence, in relation to the period to which it refers, has been decisive, as it is in itself sufficient to establish the existence of the cartel as from ADM’s market entry. (410) Ajinomoto put an end to its involvement in the illegal the time at which it activity before 12 July 1996, disclosed the cartel to the Commission. (411) For the following reasons, it is the Commission’s view that Ajinomoto’s cooperation only in part fulfils the conditions for the non-imposition of a fine or a very substantial reduction in its amount pursuant to section B of the leniency notice. (412) The Commission considers that Ajinomoto, at least by the relevant negligence, did not provide it with all information and all and evidence available to it at the time when it started its cooperation with the Commission regarding the cartel’s operations before ADM’s market entry. the documents (414) Moreover, the Commission is aware that immediately after the US authorities executed a search warrant at Ajinomoto’s US offices at Heartland Lysine on 27 June 1995, Ajinomoto’s Tokyo legal department instructed that remaining documents concerning the cartel, which and Japan, be destroyed. were Ajinomoto admits that its documentation and, more particularly, documentation which it stored in Europe. it had destroyed some of stored in Europe (415) For these reasons, the Commission considers Ajinomoto’s cooperation with it was not complete. that (416) The Commission accepts that there can be doubts as to the question of whether early agreements are part of a single continuing infringement, and therefore as to the question of which information has to be provided to the Commission on the basis of the cooperation. However, in case of doubt, Ajinomoto should have pointed to the information in question in order to get guidance from the Commission as to its relevance in the present investigation. It is not for the company to determine the scope of the subject of the Commission’s investigation. (417) Finally, as the Commission has shown (see paragraphs in the 353 to 356), Ajinomoto was infringement. The Commission thus is of the opinion that Ajinomoto played a determining role in the illegal activity which, already in itself, excludes the application of section B of the leniency notice. leader a it could be argued that, (418) Where there is, as in the present case, more than one leader in an infringement, in relation to each other, leaders are co-equals, and that in such a context none of the leaders is able to play a determining role in the infringement. This would also provide an incentive for leaders in the infringement to come forward first and to adduce decisive evidence of the cartel’s existence. (413) As from June 1990 until June 1992, when ADM joined the cartel, the Commission finds that, on nine different occasions, Ajinomoto had concluded agreements on lysine prices and quantities with its competitors. Of the Ajinomoto officials who participated in those events, at least one is still employed by Ajinomoto (Mr Mimoto). (419) However, from the wording of the leniency notice it is clear that the Commission balanced the Community interest in granting favourable treatment to offenders which cooperate with it against the Community interest to deter future offenders by fining undertakings for their committed infringements. This balance would be L 152/66 EN Official Journal of the European Communities 7.6.2001 disturbed if leniency was available for cartel members which played a determining role in the infringement. (420) The Commission therefore concludes that Ajinomoto’s cooperation does not meet the conditions laid down in points (d) and (e) of section B of the leniency notice. ordered by decision on the premises of ADM and the information Kyowa. Finally, a substantial part of which Sewon submitted to the Commission constituted Sewon’s response to the Commission’s formal requests for information of 28 July 1997 pursuant to Article Sewon’s 11(1) of Regulation No 17. Therefore, cooperation with the Commission was not completely voluntary. (421) Ajinomoto considers that if it In its view, is fined in this case, notwithstanding its cooperation, this could adversely affect reliance in the future by others on the leniency there is a substantial difference notice. between cooperation offered prior the initiation of an investigation. Ajinomoto suggests that it was as a result of its cooperation, offered in view of the that leniency notice, the Commission initiated an investigation. the difference between cooperation If prior to and after initiation of an investigation were only of a insubstantial nature, the incentive for parties to volunteer information to the Commission at an early stage would be significantly reduced. to or after (422) The Commission consider acknowledges the European competition rules. that Ajinomoto’s cooperation was instrumental in establishing the key evidence of the infringement in relation to the period as from ADM’s market entry. However, the Commission that Ajinomoto had legitimate does not expectations as to the non-imposition of a fine for its infringement of In it is obvious that Ajinomoto relied on the particular, the Commission’s investigation false expectation that would be parallel to the lysine investigation in the USA, where the US authorities concentrated on the collusion in which ADM participated. Although, in principle, the European competition rules and the competition rules established in other parts of the world serve a similar purpose, undertakings should be aware of the fact that, also in international cartel cases which are investigated by different public authorities, the subject and the extent of the Commission’s procedure is based exclusively on the application of the European law. (423) Sewon was the first of the cartel members to adduce complete decisive evidence concerning the infringement found by the Commission in the present case. The documents provided by Sewon constitute, together with those submitted by Ajinomoto as to the period as from ADM’s market entry, the main source of evidence used by the Commission in preparing the present Decision. Sewon also put an end to its involvement in the illegal activity before the time at which it started cooperating with the Commission. It did not compel another enterprise to take part in the cartel and acted neither as an instigator nor played a determining role in the illegal activity. (424) However, at the time when Sewon started to cooperate with the Commission, there was sufficient information to establish the existence of a cartel as of ADM’s market entry. This information had already been supplied by Ajinomoto. Moreover, Sewon disclosed the collusion the Commission had undertaken investigations after (425) The Commission therefore that Sewon’s cooperation does not meet the conditions laid down in point (d) of section B of the leniency notice. concludes (426) Kyowa and Cheil were not the first to adduce evidence of the cartel existence. The evidence Kyowa and Cheil submitted to the Commission was not decisive in establishing the existence of the cartel, as it is in itself in relation to any period, the insufficient to establish, existence of the information which Cheil submitted to the Commission response to the Commission’s consisted of Cheil’s information of 28 July 1997 for formal pursuant to Article 11(1) of Regulation No 17. Therefore, Cheil’s cooperation with the Commission was, in essence, not voluntary. the most part, requests cartel. For the (427) The Commission therefore concludes that Kyowa’s cooperation does not meet the conditions laid down in point (b), and that Cheil’s cooperation does not meet the conditions laid down in points (b) and (d) of section B of the leniency notice. (428) ADM’s attitude towards the Commission’s investigation in the present case does not meet any condition laid down in section B of the leniency notice. (cid:151) Substantial reduction in the fine (429) As none of the undertakings concerned by the present Decision meets the conditions laid down in points (b) to (e) of section B of the leniency notice, none of them qualifies for a substantial reduction in the fine pursuant to section C of the leniency notice. (cid:151) Significant reduction in the fine Cooperation with the Commission before the statement of objections (430) Before the Commission adopted its statement of objections of 29 October 1998, Ajinomoto, Kyowa, Sewon, and Cheil provided the Commission with information, documents and other evidence which enabled the Commission to establish the existence of the infringement in the present case. 7.6.2001 EN Official Journal of the European Communities L 152/67 (431) Taking into account the extent and quality of the the cooperation with the Commission’s investigation, Commission grants Ajinomoto and Sewon, pursuant to section D of the leniency notice the highest possible reduction of the fine that would have been imposed if i.e. they had not cooperated with the Commission, 50 %. (432) As to Kyowa and Cheil, the Commission considers that a reduction of 30 % is the appropriate reduction of the fine rewarding Kyowa’s material contribution to the establishment of a number of meetings and other contacts between the parties, which are part of the infringement. Cooperation with the Commission after receiving the statement of objections (433) After the receiving statement Commission’s these proceedings. it did not substantially contest of objections of 29 October 1998, ADM informed the Commission that the It noted facts for the purpose of however that its decision not to contest the facts for the purpose of this investigation was not intended to be and should not be deemed to be an admission of such facts for any other purpose. or statement against ADM claims for a significant reduction in the fine which the Commission may impose on it in the present case. that by doing so it qualifies interest (434) Statements of the kind put forward by ADM which leave open the question whether facts on which the Commission bases its allegations are accurate, may be intended to lead to insecurity as to the legal effects of the decision once it becomes unassailable. However, the legal effects of a Commission decision do not depend on the behaviour of parties during the proceedings leading to the adoption of the decision. A Commission decision which has become definitive provides national courts with significant information, and on the basis of this information national courts are generally able to decide whether the conduct at issue is compatible with the European competition rules (44). (435) The Commission considers that ADM qualifies for a reduction in the amount of the fine of 10 %. (e) Adjustments (436) Sewon suggests that the Commission should take account of the specific economic context, in which it actually operates which means that it is unable to pay any the Commission to adjust the amount of the fine to be imposed on it accordingly. Sewon therefore substantial fines. asks (44) Notice on cooperation between national and the Commission in applying Articles 85 and 86 of the EEC Treaty, OJ C 39, 13.2.1993, p. 6. courts (437) Sewon states that due to the severe and lasting its financial situation economic crisis in South Korea, has deteriorated to the extent that its real ability to pay a fine is greatly reduced. In order to survive in this crisis, Sewon accelerated in 1998 a restructuring process started in 1997 through mergers and the sale of unprofitable businesses. The merger between Daesang Industrial Ltd and Miwon Co. Ltd, that formed Daesang Corporation in November 1997, as well as the sale of the worldwide lysine business to BASF in May 1998, are financial part of Sewon’s attempt situation. to improve its (438) The Commission considers that to take account, when determining the fine, of an undertaking’s loss-making financial situation would be tantamount to conferring a unjustified competitive advantage on undertakings least well adapted to the conditions of the market (45). While maintaining fines at a level which appears appropriate, the Commission will however give Sewon the possibility to propose acceptable periods for payment of the fine on condition that it demonstrates its inability to pay. (f) Liability for the infringement (439) (440) is settled law that It that a subsidiary has the fact separate legal personality is not sufficient to exclude the possibility of its conduct being imputed to the parent company, especially where the subsidiary does not independently decide its own conduct on the market, but carries out, in all material respects, the instructions given to it by the parent company (46). a decisive In the present case, the Commission considers that ADM, Ajinomoto, Kyowa and Sewon were in a position to exert influence on their European subsidiaries’ commercial policy. Since ADM Ingredients, Eurolysine, Kyowa Europe and Sewon Europe have been wholly owned subsidiaries of their respective parent companies, they necessarily followed a policy laid down by the bodies which determine their parent companies’ policy. It may be observed also that both the parent companies and the European subsidiaries played an active role in cartel meetings. In any event, the parties have not submitted any evidence to support an assertion that the named subsidiaries carried on their businesses on the lysine market as autonomous legal entities which determined their commercial policy largely on their own. (441) In those circumstances, the Commission is entitled to attribute to the parent companies the conduct of their subsidiaries. (45) Case T-141/94 Thyssen, loc. cit., at paragraph 628. (46) Judgment in Case T-354/94 Stora [1998] ECR II-2111, paragraph 79. L 152/68 EN Official Journal of the European Communities 7.6.2001 (442) Moreover, in prohibiting undertakings, inter alia, from entering into agreements or participating in concerted practices which may affect trade between Member States and have as the prevention, their object or effect restriction or distortion of competition within the common market, Article 81(1) of the EC Treaty and Article 53(1) of the EEA Agreement are aimed at economic units which consist of a unitary organisation of personal, tangible and intangible elements, which pursues a specific economic aim on a long-term basis an and infringement that provision (47). Eurolysine, Kyowa Europe and Sewon Europe are part of the economic units having committed the infringement found in the present Decision, they can be held liable for it. of Since ADM Ingredients, to the Commission of kind can contribute the referred to in (443) Until September 1994, Eurolysine was under joint control of Ajinomoto and Orsan. Thereafter Ajinomoto first increased its interest to 75 % and finally acquired all shares from Orsan, and so Ajinomoto is liable for the behaviour of Eurolysine during the entire period covered by the present Decision (48). (444) As to Sewon, the Commission notes that it disposed of its entire lysine business in the first half of 1998. However, where the party which committed the infringement continues to exist as a legal person, even though the economic activity concerning lysine which it carried on before is now carried on by a different legal entity, it liable committed in the relevant economic sector (49). infringement remains the for it Daesang Corporation Sewon Europe GmbH, jointly and severally liable Cheil Jedang Corporation EUR 8 900 000 EUR 12 200 000, HAS ADOPTED THIS DECISION: Article 1 its European Incorporated, Archer Daniels Midland Company and its European subsidiary Archer Daniels Midland Ingredients Limited, Ajinomoto Company, subsidiary and Eurolysine SA, Kyowa Hakko Kogyo Company Limited and its European subsidiary Kyowa Hakko Europe GmbH, Daesang Corporation and its European subsidiary Sewon Europe GmbH, Jedang Corporation have infringed Article as well as Cheil 81(1) of the EEA the EC Treaty and Article 53(1) of Agreement by participating in agreements on prices, sales volumes and the exchange of individual information on sales volumes of synthetic lysine, covering the whole of the EEA. The duration of the infringement was as follows: (a) in the case of Archer Daniels Midland Company and Archer Daniels Midland Ingredients Limited from 23 June 1992 to 27 June 1995; (b) in the case of Ajinomoto Company, Eurolysine SA from at least July 1990 to 27 June 1995; Incorporated, and (g) The amounts of proceedings the fines imposed in the present (c) in the case of Kyowa Hakko Kogyo Company Limited and Kyowa Hakko Europe GmbH from at least July 1990 to 27 June 1995; (445) In conclusion the fines to be imposed, pursuant to Article 15(2)(a) of Regulation No 17, should be as follows: (d) in the case of Daesang Corporation and Sewon Europe GmbH from at least July 1990 to 27 June 1995; Archer Daniels Midland Company Archer Daniels Midland Ingredients Limited, jointly and severally liable Ajinomoto Company, Incorporated Eurolysine SA, jointly and severally liable Kyowa Hakko Kogyo Company Limited Kyowa Hakko Europe GmbH, jointly and severally liable (e) in the case of Cheil Jedang Corporation from 27 August 1992 to 27 June 1995. EUR 47 300 000 EUR 28 300 000 Article 2 EUR 13 200 000 The following fines are hereby imposed on the undertakings referred to in Article 1 in respect of the infringements found therein: (47) Judgment in Case T-352/94 Mo Och Domsj(cid:246) [1998] ECR II-1989, paragraph 87. (48) Judgment in Cases 29/83 and 30/83 Rheinzink [1984] ECR 1679, paragraph 9. (49) Case T-305/94 PVC, loc. cit., at paragraph 953. (a) Archer Daniels Midland Company and Archer Daniels Midland Ingredients Limited, jointly and severally liable, a fine of EUR 47 300 000; 7.6.2001 EN Official Journal of the European Communities L 152/69 (b) Ajinomoto Company, Incorporated and Eurolysine SA, jointly and severally liable, a fine of EUR 28 300 000; (b) Archer Daniels Midland Ingredients Limited Church Motorway Erith DA8 1DL United Kingdom Kogyo (c) Kyowa Hakko Limited and Kyowa Hakko Europe GmbH, jointly and severally liable, a fine of Company (d) Daesang Corporation and Sewon Europe GmbH, jointly and severally liable, a fine of EUR 13 200 000; EUR 8 900 000; (c) Ajinomoto Company, Incorporated 15-1, Kyobashi Itchome Chuo-ku Tokyo 1048315 Japan (e) Cheil Jedang Corporation, a fine of EUR 12 200 000. (d) Eurolysine SA Article 3 The fines shall be paid by the undertakings named in Article 2 within three months of the date of notification of this Decision to the following account: Account No 642-0029000-95 of the European Commission with Banco Bilbao Vizcaya Argentaria (BBVA) SA Avenue des Arts 43 B-1040 Brussels Code SWIFT: (BBVABEBB) After the expiry of that period, interest shall be automatically payable at the interest rate applied by the European Central Bank to its main refinancing operations on the first working day of the month in which this Decision was adopted, plus 3,50 percentage points, namely, 7,25 %. Article 4 153 rue des Courcelles F-75817 Paris Cedex 17 (e) Kyowa Hakko Kogyo Company Limited 1-6-1 Ohtemachi Chiyoda-ku, Tokyo 100 Japan (f) Kyowa Hakko Europe GmbH Immermannstra(cid:223)e 65C D-40210 D(cid:252)sseldorf (g) Daesang Corporation Daesang Building 96-48 Shinsul-Dong Dongdaemoon-Ku Seoul 030-110 Korea (h) Sewon Europe GmbH Mergenthalerallee 1(cid:151)3 D-65760 Eschborn This Decision is addressed to: (i) Cheil Jedang Corporation (a) Archer Daniels Midland Company 4666 Faries Parkway Decatur, Illinois 62526 USA Standbrook House 4th floor Suite D 2(cid:151)5 Old Bond Street London W1X 3TB United Kingdom. This Decision shall be enforceable pursuant to Article 256 of the EC Treaty. Done at Brussels, 7 June 2000. For the Commission Mario MONTI Member of the Commission L 152/70 EN Official Journal of the European Communities 7.6.2001 Outline I. THE FACTS A. SUBJECT OF PROCEEDINGS B. THE UNDERTAKINGS AND THE ASSOCIATION CONCERNED 1. Archer Daniels Midland Company 2. Ajinomoto Company, Incorporated 3. Kyowa Hakko Kogyo Company 4. Daesang Corporation 5. Cheil Jedang Corporation 6. Fefana 1. Supply side (a) Production (b) Distribution 2. Demand side 3. Market information C. THE PRODUCT D. THE MARKET FOR LYSINE (a) Factors influencing the determination of lysine prices (b) Average monthly lysine prices (c) Annual lysine sales E. DESCRIPTION OF EVENTS 1. Asian/European cartel (a) The beginning (b) Meeting of 18 February 1991 (c) Meeting of 12 March 1991 in Tokyo (d) Meeting of 4 July 1991 in Tokyo (e) Follow-up 2. Global cartel (a) Background (b) Meeting of June 23, 1992 in Mexico (cid:151) Follow-up (c) Meeting of 1 October 1992 in Paris (cid:151) Follow-up 7.6.2001 EN Official Journal of the European Communities L 152/71 (d) Meeting of 24 June 1993 in Vancouver (cid:151) Follow-up (e) Meeting of 5 October 1993 in Paris (cid:151) Follow-up (f) Meeting of 8 December 1993 in Tokyo (cid:151) Follow-up (g) Meeting of 10 March 1994 in Honolulu (cid:151) Follow-up (h) Meeting of 19 May 1994 in Paris (cid:151) Follow-up (i) Meeting of 23 August 1994 in Sapporo (cid:151) Follow-up (j) Meeting of 26 October 1994 in Zurich (cid:151) Follow-up (k) Meeting of 18 January 1995 in Atlanta (cid:151) Follow-up (l) Meeting of 21 April 1995 in Hong Kong (cid:151) Follow-up F. THE COMMISSION’S PROCEDURE G. THE LYSINE INVESTIGATION IN THE USA H. THE LYSINE INVESTIGATION IN CANADA II. ASSESSMENT A. JURISDICTION B. ARTICLE 81 OF THE EC TREATY AND ARTICLE 53 OF THE EEA AGREEMENT 1. Article 81(1) of the EC Treaty and Article 53(1) of the EEA Agreement (a) Undertakings (b) Agreements (cid:151) Price agreements (cid:151) Agreements on quantities (cid:151) Agreement on the exchange of information on sales quantity (c) Object of the agreements (d) Effect on trade between Member States of the Community and EEA countries 2. Article 81(3) of the EC Treaty and Article 53(3) of the EEA Agreement 3. Single continuing infringement L 152/72 EN Official Journal of the European Communities 7.6.2001 C. LIMITATION PERIOD D. FINES IMPOSED PURSUANT TO ARTICLE 15(2)(a) OF REGULATION NO 17 1. Infringement of the competition rules either intentionally or negligently 2. The amount of the fines (a) The basic amount (cid:151) Gravity (cid:151) Nature of the infringement (cid:151) The actual impact of the infringement on the lysine market in the EEA (cid:151) The size of the relevant geographic market (cid:151) The Commission’s conclusion on gravity (cid:151) Differential treatment (cid:151) Duration (cid:151) The basic amount (b) Aggravating circumstances (cid:151) Role of leader in the infringement (c) Attenuating circumstances (cid:151) An exclusively passive role in the infringement (cid:151) Non-implementation in practice of the offending agreements (cid:151) Termination of the infringement as soon as a public authority intervenes (cid:151) Other attenuating circumstances (d) Application of the Commission’s notice of 18 July 1996 on the non-imposition or reduction of fines in cartel cases (cid:151) Preliminary remarks (cid:151) Non-imposition of a fine or a very substantial reduction in its amount (cid:151) Substantial reduction in the fine (cid:151) Significant reduction in the fine (e) Adjustments (f) Liability for the infringement (g) The amounts of the fines imposed in the present proceedings
http://publications.europa.eu/resource/cellar/ab9f9967-c445-4526-a27f-9e4834369110
52000PC0344
Proposal for a Council Regulation prohibiting imports of blue-fin tuna (Thunnus thynnus) originating in Belize Honduras and Equatorial Guinea
2000-06-07
eng
[ "European Commission" ]
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[ "Atlantic Ocean", "conservation of fish stocks", "import restriction", "sea fish" ]
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COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 07.06.2000 COM(2000)344 final 2000/0146(ACC) Proposal for a COUNCIL REGULATION prohibiting imports of blue-fin tuna (Thunnus thynnus) originating in Belize Honduras and Equatorial Guinea (presented by the Commission) EXPLANATORY MEMORANDUM At its last meeting, in November 1999, the International Commission for the Conservation of Atlantic Tuna (ICCAT) adopted a recommendation to prohibit the import of Atlantic bluefin in any form, from Equatorial Guinea, with effect from tuna by its Contracting Parties, 15 June 2000. This recommendation is based on the same Action Plan to Ensure the Effectiveness of the Conservation Program for Atlantic Bluefin Tuna (from 1994) and the 1996 recommendation on compliance that allowed ICCAT to recommend the import ban of Atlantic bluefin tuna from Belize, Honduras and Panama in 1997, and which was implemented by the Community through Council Regulation (EC) No 1435/98. At the same meeting, the import bans applicable to Belize and Honduras were maintained, while the existing ban on bluefin tuna imports from Panama was lifted, due to Panama’s cooperation with and accession to ICCAT. from The European Community 14 November 1997, and under the common commercial policy the respect of these import prohibitions has to be introduced on a Community level. a Contracting Party ICCAT, became as to As was the case with the adoption of Council Regulation (EC) No 1435/98, the Community considers these measures to be fully compatible with our obligations under the WTO, GATT- 1994 Article XX, which foresees the possibility of applying trade measures in order to protect exhaustible resources, as well as with the LOME Convention (Belize and Equatorial Guinea). Taking into account the nature of the various ICCAT recommendations, it is proposed to repeal Council Regulation (EC) No 1435/98 and replace it with the present proposal. The Council is requested to approve the attached proposal for a Regulation. 2 2000/0146(ACC) Proposal for a COUNCIL REGULATION prohibiting imports of blue-fin tuna (Thunnus thynnus) originating in Belize Honduras and Equatorial Guinea THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof, Having regard to the proposal from the Commission, Whereas: (1) (2) (3) (4) (5) (6) Fishery resources, which are an exhaustible natural resource, must be protected in the interests of biological balances and global food security. The International Commission for the Conservation of Atlantic Tuna (ICCAT), to which the European Community is a Contracting Party, adopted, in 1994, an Action Plan to Ensure the Effectiveness of the Conservation Program for Atlantic Bluefin Tuna as well as the 1996 Recommendation Regarding Compliance in the Bluefin Tuna and North Atlantic Swordfish Fisheries, to ensure the effective conservation of Atlantic bluefin tuna and the enforcement thereof. The stock concerned cannot be managed effectively by the ICCAT contracting parties, whose fishermen are obliged to reduce their catches of Atlantic blue-fin tuna, unless all non-contracting parties cooperate with ICCAT and comply with its conservation and management measures. ICCAT has identified Belize, Honduras and Equatorial Guinea as countries whose to the organisation's vessels fish Atlantic blue-fin tuna in a manner prejudicial measures to conserve the species, substantiating its findings with data concerning catches, trade and the observation of vessels. ICCAT's attempts to encourage the three countries to comply with measures for the conservation and management of Atlantic blue-fin tuna have been to no avail. ICCAT has instructed the contracting parties to take appropriate measures to continue to prohibit imports from Belize and Honduras and to introduce an import prohibition from Equatorial Guinea of Atlantic blue-fin tuna products in any form; these measures will be lifted as soon as it is established that the countries in question have brought their fishing practices into line with ICCAT's measures; whereas these measures must therefore be implemented by the Community, having the sole competence in this matter. 3 (7) (8) (9) ICCAT has recognised the improved cooperation in the conservation of Atlantic blue- fin tuna with Panama; ICCAT has at its annual meeting in 1999 recommended that the import prohibition applied by contracting parties against Panama for Atlantic blue-fin tuna products in any form, should be lifted. It is necessary to repeal Council Regulation (EC) No. 1435/981 applying import prohibitions against Belize, Honduras and Panama regarding blue-fin tuna and its products. These measures are compatible with the Community's obligations under other international agreements, HAS ADOPTED THIS REGULATION: Article 1 (1) The release for free circulation in the Community of Atlantic blue-fin tuna (Thunnus thynnus) of CN codes ex 0301 99 90, 0302 39 11, 0302 39 91, 0303 49 21, 0303 49 23, 0303 49 29, ex 0303 49 90, ex 0304 10 38, ex 0304 10 98, ex 0304 20 45, ex 0304 90 97, ex 0305 20 00, ex 0305 30 90, ex 0305 49 80, ex 0305 59 90, ex 0305 69 90, ex 1604 14 11, ex 1604 14 16, ex 1604 14 18 and ex 1604 20 70, originating in Belize, Honduras and Equatorial Guinea is hereby prohibited. (2) The landing of products mentioned in paragraph 1 for the purposes of Community transit is hereby prohibited. Article 2 This Regulation shall not apply to quantities of the products referred to in Article 1(1), originating in Equatorial Guinea, which can be shown to the satisfaction of the competent national authorities to have been under way to Community territory on the date of its entry into force and which are released for free circulation no later than fourteen days after that date. Regulation (EC) No. 1435/98 is hereby repealed. Article 3 1 OJ L 191, 7.7.1998, p. 13 4 This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Communities. Article 4 This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, For the Council The President 5
http://publications.europa.eu/resource/cellar/21d07b49-d45e-4cb6-9f6c-6b9faec9c9ea
32000D0405
http://data.europa.eu/eli/dec/2000/405/oj
2000/405/EC: Commission Decision of 7 June 2000 amending Decision 95/196/EC on the long-term national aid scheme for agriculture in the northern regions of Finland (notified under document number C(2000) 1539) (Only the Finnish and Swedish texts are authentic)
2000-06-07
eng
[ "European Commission" ]
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[ "Finland", "State aid", "agricultural region", "application of EU law", "regulation of agricultural production", "utilised agricultural area" ]
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27.6.2000 EN Official Journal of the European Communities L 154/23 COMMISSION COMMISSION DECISION of 7 June 2000 amending Decision 95/196/EC on the long-term national aid scheme for agriculture in the northern regions of Finland (notified under document number C(2000) 1539) (Only the Finnish and Swedish texts are authentic) (2000/405/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, without amending either the level of the unit aid or the total aid admissible for the sector. This is in conformity with the principles of the aid scheme. Having regard to the Act of Accession of Austria, Finland and Sweden, and in particular Article 142 thereof, (6) Whereas: (1) (2) (3) (4) (5) Finland, acting in accordance with Article 143 of the Act of Accession, notified the Commission on 26 October 1994 of the aid scheme proposed under Article 142. The aid scheme was approved by Commission Decision 95/196/EC (1), as amended by Decision 97/279/EC (2). Finland requested the Commission on 15 May 1998, 28 July 1999, 11 January 2000 and 31 January 2000 to amend certain aspects of Decision 95/196/EC and subse- quently presented additional information in support of its requests. In the abovementioned letters Finland asked that it be allowed to base the calculation of overshoots in the meat sector on the sector as a whole when considering the production amounts of different meats before defining possible proportional reductions in the aid amounts for those sectors that have overshot their share. This is in conformity with the consumption and produc- tion trends of the different meats concerned and would not lead to any increase in total meat production. Finland has requested the amendment of the provision introduced by Decision 97/279/EC regarding the separa- tion of amounts in Annex III and IV for the poultry sector, in order to allow some flexibility in the number of livestock units and the aid payable inside the sector Finland has requested that the livestock unit coefficient for nanny goats in Annex V be increased to allow the total amount of aid admissible to be paid per livestock unit instead of partially paying it on the basis of the amount of milk produced. The possibility of paying aid partially on the basis of the amount of milk produced should be ended, by amending Annex III to refer to cow's milk only. This is in conformity with Decision 95/196/EC, as the total amount of aid for the sector remains unchanged. (7) (8) Since in accordance with Article 4(5) of Council Regula- tion (EC) No 1254/1999 of 17 May 1999 on the common organisation of the market in beef and veal (3) Finland has decided not to apply this upper limit under the common organisation of it appears appropriate to remove this limit in respect of national aids as well. the market, Finland has requested that the livestock density applied in the case of suckler cows and male bovine animals should apply to those animals only. Since Commission Decision 2000/167/EC of 22 December 1999 approving a Finnish national aid programme implementing in particular Article 141 of the Act concerning the condi- tions of accession of the Republic of Finland and the Kingdom of Sweden (4) already provides for this possibility, the Commission considers this request to be justified in particular in order to avoid any discrimination between producers in different parts of Finland. the Republic of Austria, (1) OJ L 126, 9.6.1995, p. 35. (2) OJ L 112, 29.4.1997, p. 34. (3) OJ L 160, 26.6.1999, p. 21. (4) OJ L 54, 26.2.2000, p. 44. L 154/24 EN Official Journal of the European Communities 27.6.2000 (9) (10) (11) (12) Council Regulation (EEC) No 1765/92 (1) has been replaced by Regulation (EC) No 1251/1999 of 17 May 1999 establishing a support system for producers of certain arable crops (2). Council Regulation (EEC) No 3013/89 (3), has been replaced by Council Regulation (EC) No 2467/98 of 3 November 1998 on the common organisation of the market in sheepmeat and goatmeat (4). Inclusion of the SLOM quantities allocated in 1997 and 1998 justify certain amendments to Annexes II, III and IV to Decision 95/196/EC. Some technical corrections should be made to Annex III as regards the total aid admissible for horses and aid admissible for sheep and nanny goats, Annex IV as regards ‘Other UAA’ and ‘Total UAA’ and Annex VI as regards the grand total for potatoes for starch. (13) The national authorities should have the necessary time to prepare the annual information to be provided for the Commission. (14) Decision 95/196/EC should be amended accordingly. (15) In view of the nature and scope of the amendments, and at the request of Finland, this Decision should apply from 1 January 2000 with the exception of the amend- ments with regard to overshoots in the meat sector, which should apply from 1 January 1998, and with the exception of the amendments with regard to the entry for milk in Annex II and the entry for dairy cows in Annex IV, which should apply from 1 January 1999, HAS ADOPTED THIS DECISION: Article 1 Decision 95/196/EC is hereby amended as follows: 1. Article 3(2) is amended as follows: (a) Point (a) is replaced by the following: ‘(a) arable land: to the average number of hectares in the region which were sown in the period 1989 to 1991 to arable crops or, as the case may be, left fallow in accordance with a publicly funded compensatory scheme as referred to in Article 2(2) of Council Regulation (EC) No 1251/1999 (*); (*) OJ L 160, 26.6.1999, p. 1.’; (1) OJ L 181, 1.7.1992, p. 12. (2) OJ L 160, 26.6.1999, p. 1. (3) OJ L 289, 7.10.1989, p. 1. (4) OJ L 312, 20.11.1998, p. 1. (b) Point (d) is replaced by the following: ‘(d) suckler cows: to the individual ceilings allocated to Article 7(1) of to each producer pursuant Council Regulation (EC) No 1254/1999 (*); (*) OJ L 160, 26.6.1999, p. 21.’; (c) Point (e) is deleted; (d) Point (f) is replaced by the following: ‘(f) sheep and goats: to the individual limits allocated to producers pursuant to Article 10(2) of Council Regulation (EC) No 2467/98 (*). (*) OJ L 312, 20.11.1998, p. 1.’; (e) The second paragraph is replaced by the following: ‘Suckler cows and male bovine animals: The total number of animals qualifying for the aid shall be limited by the application of a stocking density on the holding of two livestock units (LU) per hectare of forage area.’ 2. Article 4(1)(a) is amended as follows: (a) Point (a) is replaced by the following: ‘(a) as part of the information provided pursuant to Article 143(2) of the Act of Accession, forward to the Commission each year before 1 June informa- tion on the effects of the aid granted and in particular on the trend in production and in the the means of production qualifying for the aid, trend in the economy of the regions concerned and the effects on the protection of the environ- the countryside ment and the preservation of the third referred to in the fourth indent of the Act of subparagraph of Article 142(3) of Accession;’ (b) The following sentences are added to point (c): ‘As regards meat products, the aid granted shall be reduced only in the event of an overrun of the total quantity of production of those products as defined in Annex II, in which case the subsequent net reduction in aid shall be in proportion to the overrun of prod- ucts In this context “meat products” shall mean beef and veal, sheepmeat and goatmeat, pigmeat, poultrymeat and reindeer meat.’ for which the overrun has occurred. 3. Annexes II, III.6, IV, V and VI are replaced by the text in the Annex to this Decision. 27.6.2000 EN Official Journal of the European Communities L 154/25 This Decision shall apply from 1 January 2000 with the exception of Article 1(2)(b) which shall apply from 1 January 1998, and of Article 1(3) in respect of the entry for milk in Annex II and the entry for dairy cows in Annex IV, which shall apply from 1 January 1999. Article 2 This Decision is addressed to the Republic of Finland. Article 3 Done at Brussels, 7 June 2000. For the Commission Franz FISCHLER Member of the Commission Sheepmeat and goatmeat Pigmeat Eggs Poultrymeat Reindeer meat Horses (LU) (3) Milk Total 1 2. CROP PRODUCTS Sugar Starch (6) L 154/26 EN Official Journal of the European Communities 27.6.2000 ANNEX ‘ANNEX II As referred to in Article 2(2) Per product Product 1. ANIMAL PRODUCTS Production in northern subregions (in tonnes) C 1 C 2 C 2 north C 3 C 4 Total Overall support 1993 (in million FIM) Beef/veal 18 400 31 700 3 600 223 42 900 16 950 8 335 — 276 24 700 8 000 1 075 — 2 400 2 800 60 1 300 1 000 10 — 340 5 600 111 2 000 1 000 20 1 073 390 600 41 6 2 1 2 370 70 59 900 (1) 1 216 711 70 906 (2) 26 952 9 441 3 443 6 000 35 301 109 44 41 32,2 534 234 922 953 104 024 165 651 24 000 1 750 863 (4) 2 648 (5) 17 570 24 160 2 270 9 400 0 0 0 0 0 0 0 19 840 33 560 1 703 200 Cereals and other arable crops: 900 400 717 800 52 500 32 500 — barley, oats, mixed cereals (809 400) (680 000) (52 000) (32 000) (0) (1 573 000) — other cereals and arable crops (91 400) (37 800) (500) (500) (130 200) Horticulture: — under permanent shelter: — vegetables — flowers 41 000 10 000 (*) (*) 400 (*) 400 (*) — field-scale vegetables 39 000 20 000 1 600 2 000 — apples 50 50 0 0 — wild soft fruit and wild mush- (*) (*) (*) (*) rooms Total 2 Grand total 200 (*) 60 0 (*) 52 000 60 (7) 62 660 100 40 000 4 426,2 24 40 1 858 (1 616) (242) 187 71 44 0,3 2 2 226,3 6 652,5 (8) (1) Excluding cow's meat (26 300 t). (2) Including sow's meat (3 100 t). (3) Mares for breeding, foals (one to three years old) and Finnish horses. (4) Including 23 009 t SLOM quantity allocated in Finland in 1995 and 1996 and 7 854 t allocated in 1997 and 1998. These quantities may be supplemented with those allocated in accordance with the Act of Accession from the reserve decided on for the Finnish SLOM. (5) Including FIM 200 million to offset the aid for cow's meat. (6) A production system applies to potato starch. (7) Million items. (8) Plus FIM 22,7 million for aid for Scolt Lapps, the natural economy and the reindeer industry. (*) In subregions where the aid is payable.’ 27.6.2000 EN Official Journal of the European Communities L 154/27 l a t o T 4 C 3 C h t r o n 2 C 2 C 1 C 4 C 3 C h t r o n 2 C ) 1 ( 2 C ) 1 ( 1 C n o i g e r b u s r e p e l b i s s i m r e p d i a l a t o T ) n o i l l i m M I F ( n o i g e r b u S , r a e y l l u f r e p e l b i s s i m r e p d i a t i n U ) t r o g k , U L , a h / M I F ( n o i g e r b u S t c u d o r P 0 0 0 2 r a e y e h t m o r f s a , ) 1 ( 3 e l c i t r A f o h p a r g a r a p b u s t s r i f e h t n i o t d e r r e f e r s A . 6 . I I I ‘ , 0 1 3 , 5 6 2 3 , 0 2 0 1 , 4 6 1 ) 3 1 ( , 1 1 8 , 7 5 6 2 , 1 5 1 , 6 6 3 , 8 4 0 2 , 5 3 1 , 7 2 9 0 2 6 7 , 0 7 , , 5 4 5 , 9 0 3 , 0 7 0 1 , 8 9 3 6 0 , 7 6 , 2 2 , 1 2 , 1 0 , 2 0 0 , 8 1 0 , , 2 5 2 , 7 3 3 ) * ( — — 1 0 , — 6 2 , , 4 4 5 , 2 2 1 1 4 , 3 9 , 2 1 , 0 1 , , 4 1 1 , 4 1 8 1 ) * ( — — 0 5 , — 6 1 , , 4 1 2 8 6 , 4 1 , 2 6 , 5 2 , 9 0 , — , 0 7 7 ) * ( 0 0 , 0 0 , 0 4 , 2 0 , , 8 3 1 , 8 5 5 1 , 6 1 5 6 4 , , 0 4 9 , 3 9 1 0 7 , — , 4 2 1 , 2 8 8 , 2 9 2 2 4 , , 1 6 5 1 , 1 8 5 0 6 , — ) 3 ( 0 0 3 6 ) 3 ( 0 0 8 7 ) 2 ( 0 0 7 4 ) 2 ( 0 0 2 5 ) 6 ( 0 0 6 6 ) 6 ( 0 0 2 8 ) 5 ( 0 0 9 4 ) 5 ( 0 0 5 5 0 2 7 2 0 4 2 2 0 5 9 3 0 5 8 2 0 0 4 3 0 0 5 4 0 0 5 2 0 6 1 0 5 9 2 0 0 4 3 0 0 5 2 0 6 1 0 0 4 2 0 5 9 2 0 0 0 2 0 5 9 2 0 5 9 2 0 5 9 2 0 0 5 2 — 0 5 9 1 0 0 5 2 0 2 7 1 0 0 5 2 0 0 5 2 0 0 5 2 0 0 5 2 — 0 0 9 1 0 5 4 2 0 8 6 1 0 5 4 2 0 5 4 2 0 5 4 2 0 0 5 2 — , 5 1 8 5 , 2 1 3 3 , 6 9 1 - 4 4 1 , , 7 1 1 - 2 9 0 , 4 7 0 , 3 6 0 , 2 6 0 , s h t n o m 6 > s l a m n a i e n i v o b e l a m — ) U L / M I F ( S T C U D O R P L A M N A I . 1 h c i h w f o , s l a m n a i e n i v o B s w o c r e l k c u s — ) 4 ( ) d a e h / M I F ( r e t h g u a l s r o f s r e f i e h — s t a o g - e h s / s e w E ) 8 ( ) g k / M I F ( k l i m s ' w o C ) d a e h / M I F ( r e e d n i e R i e n w S y r t l u o P ) 7 ( s e s r o H 1 1 , 5 2 , , 4 5 4 3 7 , 5 6 , 5 4 , 0 0 , , 4 3 2 0 + 0 0 8 0 + 0 0 4 0 + 0 0 2 0 + 0 0 2 — — 0 0 8 + 0 0 2 0 0 8 + 0 0 2 0 0 0 8 — — — — 0 0 0 2 + 0 0 2 0 0 0 2 + 0 0 2 0 0 0 1 + 0 0 2 0 0 0 1 + 0 0 2 0 0 0 2 0 0 0 1 0 8 0 4 0 8 0 4 0 8 0 4 0 8 0 4 0 8 0 4 n o i t c u d o r p h c r a t s r o f s e o t a t o P s p o r c e l b a r a r e h t o d n a s l a e r e C s l a e r e c d e x i m , s t a o , y e l r a B — ) 0 1 ( s p o r c d n a s l a e r e c r e h t o — e r u t l u c i t r o H ) 2 m ( r e t l e h s t n e n a m r e p r e d n u — ) a h / M I F ( S T C U D O R P P O R C . 2 t e e b r a g u S 1 l a t o T s h t n o m 7 o t 2 — s h t n o m 7 > — s t n a l p d n a s r e w o l f — s e l b a t e g e v — ) * ( ) * ( ) * ( ) 9 ( t a e m d n a k l i m f o t r o p s n a r t r o f i d A 1 5 , 1 0 0 , 2 0 , 1 0 , 7 1 , 0 3 , 0 5 3 2 + 0 0 8 0 5 3 2 + 0 0 4 0 5 3 2 + 0 0 2 0 5 3 2 + 0 0 2 0 5 3 2 ) a h r e p ( s e l b a t e g e v e l a c s d l e i f — L 154/28 EN Official Journal of the European Communities 27.6.2000 1 0 0 , , 0 5 1 0 2 , , 6 7 5 1 , 2 4 9 , 7 0 2 5 , 7 2 2 , 1 6 3 6 2 ) * ( ) * ( ) * ( ) * ( ) * ( , 7 5 1 7 0 , ) * ( , 6 8 4 0 6 , ) * ( , 2 2 1 5 4 , ) * ( , 1 1 8 , 4 6 4 ) * ( 0 , 6 6 3 5 2 , 5 2 , 5 2 , 5 2 , 0 0 8 0 0 2 0 0 4 0 0 2 0 0 2 0 0 2 0 0 2 0 0 2 n o i g e r b u s r e p e l b i s s i m r e p d i a l a t o T ) n o i l l i m M I F ( n o i g e r b u S , r a e y l l u f r e p e l b i s s i m r e p d i a t i n U ) t r o g k , U L , a h / M I F ( n o i g e r b u S t c u d o r P l a t o T 4 C 3 C h t r o n 2 C 2 C 1 C 0 0 , 1 0 0 , 1 0 0 , h t r o n 2 C ) 1 ( 2 C ) 1 ( 1 C 0 2 9 + 0 0 2 0 2 9 + 0 0 2 0 2 9 s e l p p A 4 C — 0 2 1 0 8 3 C — 0 2 1 0 8 0 2 1 0 8 0 2 1 0 8 0 2 1 0 8 5 2 , 0 0 0 2 / g k / M I F ( s m o o r h s u m d l i w d n a t i u r f t f o s d l i w — ) 1 1 ( ) r a e y ) . c t e , e d i s a - t e s , e g a r u t s a p ( A A U a h r e p t n e m y a P a h / s r e m r a f g n u o Y : ) 1 1 ( ) r a e y / 3 / m M I F ( e g a r o t s r o f i d A l o r t n o c t a e h t u o h t i w — l o r t n o c t a e h h t i w — . h t r o n 2 C = s d n a l s i r o f d i a f o e t a R ) 1 ( 2 l a t o T ) 2 1 ( s d i a r e h t O l a t o t d n a r G . ) l a m n a i e h t f o e f i l e h t n i e c n o 0 0 8 1 M I F d n a d i a l a u n n a 0 0 4 3 M I F h c i h w f o ( U L / 0 0 2 5 M I F : 4 P - 3 P ; ) l a m n a i e h t f o e f i l e h t n i e c n o 0 0 3 1 M I F d n a d i a l a u n n a 0 0 4 3 M I F h c i h w f o ( U L / 0 0 7 4 M I F : 2 P - 1 P s a e r a b u S . ) l a m n a i e h t f o e f i l e h t n i e c n o 0 0 3 3 M I F d n a d i a l a m n a i 0 0 5 4 M I F h c i h w f o ( U L / 0 0 8 7 M I F : 5 P , ) l a m n a i e h t f o e f i l e h t n i e c n o 0 0 8 1 M I F d n a d i a l a u n n a 0 0 5 4 M I F h c i h w f o ( U L / 0 0 3 6 M I F : 4 P a e r a b u S . r e t h g u a l s f o e m i t t a l a m n a i e h t f o e f i l e h t n i e c n o d e t n a r g i d A . s m o o r h s u m d l i w r o f g k / 5 2 , M I F d n a t i u r f t f o s d l i w r e h t o r o f g k / 6 0 , M I F , s e i r r e b d u o l c d l i w r o f g k / 2 M I F o t d e t i m i l e n u J f o d n e e h t t a e g a r o t s n i s e i t i t n a u q r o f d e t n a r g i d A . n o i l l i m 4 4 M I F i g n d e e c x e t o n y r t l u o p r e h t o d n a l w o f e l b a t r o F . y r t s u d n i r e e d n i e r d n a y m o n o c e l a r u t a n , s p p a L t l o c S . , 6 9 1 = 5 P , , 4 4 1 = 4 P : 4 C e , 7 1 1 = 4 P , , 7 1 1 = 3 P , , 2 0 1 = 2 P , , 2 9 0 = 1 P : 3 C : ) g k / M I F ( a e r a b u s r e p k l i m r o f d i a t i n U . a a m s i l l i o K f o n o i g e r d n a i p p a L d n a u u n i a K f o s e c n i v o r p : k l i M . i p p a L f o e c n i v o r p : t a e M — — . d i a m u m i x a m e h t s t n e s e r p e r s t n u o m a i g n d n o p s e r r o c e h T . s e s r o h h s i n n i F d n a ) d o l s r a e y e e r h t o t e n o ( s l a o f , i g n d e e r b . U L / 0 0 5 5 M I F : 4 P - 3 P ; 0 0 9 4 M I F : 2 P - 1 . U L / 0 0 2 8 M I F : 5 P ; U L / 0 0 6 6 M I F : 4 P P s a e r a b u S s a e r a b u S r o f s e r a M ) 2 ( ) 3 ( ) 4 ( ) 5 ( ) 6 ( ) 7 ( ) 8 ( ) 9 ( ) 0 1 ( ) 1 1 ( ) 2 1 ( ) 3 1 ( ’ . e l b a y a p s i d i a e h t e r e h w s n o i g e r b u s n I ) * ( 27.6.2000 EN Official Journal of the European Communities L 154/29 ‘ANNEX IV As referred to in the second indent of the second subparagraph of Article 3(1) Quantities expressed in production factors Northern subregions (LU or ha) C 1 C 2 C 2 north C 3 C 4 Total Product 1. Animal products (LU) Total bovine animals, of which: 188 550 316 700 35 900 — suckler cows — dairy cows (1) — male bovine animals — heifers for slaughter (head) Sheep/goats Swine Poultry Horses Reindeer (head) 2. Crop products (ha) Sugarbeet Potatoes for starch production Cereals and other arable crops: — barley, oats, mixed cereals — other cereals and arable crops Horticulture under permanent shelter: — vegetables — flowers and plants Field-scale vegetables Apples Other UAA Total UAA 6 550 98 156 36 000 17 390 2 027 63 700 23 700 2 400 0 3 230 4 490 286 780 248 000 38 780 116 26,7 1 285 5 239 322 535 255 7 100 650 169 748 19 096 62 300 30 020 2 116 37 600 7 700 2 800 0 520 2 090 237 500 227 050 10 450 29 20 678 5 7 250 3 380 540 2 100 850 340 0 0 0 20 720 19 900 820 1,1 2,6 52 0 56 550 900 30 694 11 100 5 440 827 3 150 355 390 7 650 150 4 556 1 050 810 376 40 5 70 605 350 15 350 322 250 117 700 57 040 5 886 106 590 32 610 6 000 71 500 157 500 229 000 0 0 12 600 12 600 0 1,1 5,2 68 0 0 0 100 100 0 0,6 0,6 2 0 3 750 6 580 557 700 507 650 50 050 147,8 55,1 2 085 10 405 546 646 388 60 868 81 644 121 464 134 138 19 612 19 715 846 812 1 417 140 (1) This figure may be increased by a Commission Decision where an increase is decided in the quantities of milk allocated in accordance with the Act of Accession, from the reserve decided on for the Finnish SLOM quota.’ L 154/30 EN Official Journal of the European Communities 27.6.2000 ‘ANNEX V As referred to in the third indent of Article 3(1) Coefficients for conversion into LU Dairy cows Suckler cows Male bovine animals over two years old Other bovine animals over two years old Other bovine animals from six months to two years old Ewes Goats Sows and boars Other swine excluding piglets Poultry: — layers — broilers — turkeys and other poultry — pullets and chicks — breeding hens Horses over six months old: Mares for breeding, including ponies Finnish horses Other horses and ponies from one to three years old. (LU) 1 1 1 1 0,6 0,15 0,48 0,7 0,23 0,013 0,0053 0,013 0,0027 0,026 1 0,85 0,6’ 27.6.2000 EN Official Journal of the European Communities L 154/31 ‘ANNEX VI As referred to in the first indent of the third subparagraph of Article 3(1) Community aid 1 . A n i m a l p r o d u c t s Area Product ECU (green) 1 = FIM 7,60 ECU (budget) 1 = FIM 6,30 Market support Regulations (EEC) No 805/68 and (EEC) No 3886/92 (green ecus) Compensatory allowance Regulation (EEC) No 2328/91 (budget ecus) Agri-environmental measures Regulation (EEC) No 2078/92 (green ecus) (1) Grand total (budget ecus) ECU/unit Total ECU million (2) ECU/LU Total ECU million ECU/ha (3) Total ECU million (4) C1 C 2 C 2 north C 3 C 4 Total C 1-C4 C -C 4 1 C -C 4 1 C -C 4 1 Suckler cows Male bovine animals Suckler cows Male bovine animals Suckler cows Male bovine animals Suckler cows Male bovine animals Suckler cows Male bovine animals 175 120 175 120 175 120 175 120 175 120 Total Total Total Total Total Suckler cows Male bovine animals Total Dairy cows, other bovine animals 1,146 7,018 8,164 1,243 12,105 13,348 0,114 1,404 1,518 0,158 2,105 2,263 0,026 0,175 0,202 2,686 22,807 25,493 Total bovine animals 25,493 Ewes, she-goats 24,2 0,77 Horses 180 180 180 180 180 180 180 180 180 180 180 180 180 1,179 6,480 7,659 1,278 11,214 12,492 0,117 1,305 1,422 0,162 1,998 2,160 0,027 0,189 0,216 2,763 21,186 23,949 85,014 112 2,198 20,159 112 3,933 33,339 112 0,549 3,916 112 0,983 6,076 112 0,145 0,634 112 112 7,808 27,718 64,112 118,451 108,963 35,526 182,573 0,903 112 0,566 2,363 66 (5) 0,407 2,515 2,854 Total 1 26,263 112,229 36,499 187,942 L 154/32 EN Official Journal of the European Communities 27.6.2000 2 . C r o p p r o d u c t s Market support Regulation (EEC) No 1765/92 (green ecus) Compensatory allowance Regulation (EEC) No 2328/91 (budget ecus) Agri-environmental measures Regulation (EEC) No 2078/92 (green ecus) Grand total (budget ecus) t/ha ECU/ha Total ECU m (6) ECU/ha Total ECU m ECU/ha (7) Total ECU m (8) 2,8 2,8 2,3 2,3 2,3 2,3 126 31,248 180 44,640 126 4,889 180 (9) 5,004 36,137 49,644 104 23,613 180 40,869 104 1,087 180 24,700 1,350 42,219 104 104 2,070 180 3,582 180 0,085 2,155 0,108 3,690 53 53 33 33 33 33 11,830 96,607 1,851 13,135 13,680 109,740 6,757 77,506 0,310 7,067 3,035 80,541 0,591 6,792 0,024 0,615 0,239 7,032 2,3 104 1,310 180 2,268 33 0,374 4,30 Area Product Cereals and other arable crops — barley, oats, mixed cereals — wheat, rye, barley for malt and other arable crops Total — barley, oats, mixed cereals — wheat, rye, barley for malt and other arable crops Total — barley, oats, mixed cereals — wheat, rye, barley for malt and other arable crops Total — barley, oats, mixed cereals — wheat, rye, barley for malt and other arable crops C 1 C 2 C 2 north C 3 Total C1 C 2 C C 1-C4 -C 1 4 C C 1-C4 -C 1 4 Total 1,310 2,268 0,374 4,30 — barley, oats, mixed cereals — wheat, rye, barley for malt and other arable crops Total Other crops Potatoes for starch Potatoes for starch Sugarbeet Field-scale vegetables Apples Soft fruit 58,241 6,061 64,302 409 409 1,836 0,855 91,359 6,462 97,821 0,808 0,376 0,675 0,375 180 180 180 180 180 0,655 53 33 112 228 580 580 19,552 185,205 2,185 16,410 21,737 201,614 2,380 0,690 0,420 0,475 0,005 1,901 6,437 2,241 1,182 0,948 0,006 2,948 Total 2 GRAND TOTAL 66,993 93,256 100,710 212,939 27,653 215,376 64,152 403,318 (1) Aid for pasturage (cows, male bovine animals, other bovine animals, suckler cows). (2) With premium for extensification. (3) Costs not deducted. (4) 90 % eligible according to Finnish authorities. (5) Finnish horses. (6) Not including aid for set-aside. (7) Costs not deducted. (8) Taking account of the restrictions on farmers for alloction of aid. (9) Wheat is not eligible if the yield is higher than 2,5 t/ha.’
http://publications.europa.eu/resource/cellar/41977b50-9a68-4e17-a2c0-d04491fd8ef2
52000PC0334
Proposal for a Directive of the European Parliament and of the Council amending Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions
2000-06-07
eng
[ "European Commission" ]
[]
[]
[]
[ "html", "pdf", "print" ]
[ "equal treatment", "gender equality", "job access", "sexual discrimination", "working conditions" ]
[ "688", "3913", "372", "454", "82" ]
C 337 E/204 EN Official Journal of the European Communities 28.11.2000 Proposal for a Directive of the European Parliament and of the Council amending Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions (2000/C 337 E/33) (Text with EEA relevance) COM(2000) 334 final (cid:15) 2000/0142(COD) (Submitted by the Commission on 11 July 2000) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community and, in particular, Article 141(3) thereof, Having regard to the proposal from the Commission, Having regard to the opinion of Committee, the Economic and Social Acting in accordance with the procedure laid down in Article 251 of the Treaty, Whereas: (1) Article 3(2) of the Treaty imposes an obligation to aim to eliminate inequalities, and to promote equality between men and women. (2) The principle of equal treatment between men and women is a fundamental principle of Community law as referred to in Article 141 and in particular in paragraph 3, which addresses specifically sex discrimination related to employment and occupation. (3) In its Resolution of 29 May 1990 on the protection of the dignity of women and men at work (1), the Council affirmed that sexual harassment in the workplace may, in certain circumstances, be contrary to the principle of equal treatment within the meaning of Council Directive 76/207/EEC (2). A statement to that effect should be included in the Directive sexual harassment itself, usually affects the individual’s work performance and/or creates an intimidating, hostile or offensive environment. (4) Directive 76/207/EEC does not define the concept of It is thus appropriate to insert indirect discrimination. such a definition consistent with that of Council Directive 97/80/EC of 15 December 1997 (3) on the burden of proof in cases of discrimination based on sex, as amended by Directive 98/52/EC (4). (1) OJ C 157, 27.6.1990, p. 3. (2) OJ L 39, 14.2.1976, p. 40. (3) OJ L 14, 20.1.1998, p. 6. (4) OJ L 205, 22.7.1998, p. 66. (5) The scope of the occupation activities that Member States seek to exclude from the scope of Directive 76/207/EEC should be restricted. The extent to which some activities may not be excluded should be specified in accordance with the case-law of the Court of Justice of the European Communities. (6) The Court of pregnancy. Council Directive Justice has consistently recognised the legitimacy, in terms of the principle of equal treatment, of protecting a woman’s biological condition during and after 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (5), aims to ensure the protection of the physical and mental state of women who are pregnant, women who have recently given birth or women who are breastfeeding. The recitals of that Directive provide that the protection of the safety and health of pregnant workers, workers who have recently given birth or workers who are breastfeeding should not treat women who are on the labour market unfavourably nor work to the detriment of directives concerning equal for men and women. The protection of employment rights of women, in particular as regards their right to return to work falls within the scope of Directive 76/207/EEC. That right should be explicitly guaranteed to women who have recently given birth. treatment (7) The possibility for Member States to maintain or adopt positive action measures is enshrined in Article 141(4) of the Treaty. This Treaty provision makes the existing Article 2(4) of Directive 76/207/EEC redundant. The publication of periodical reports by the Commission on the implementation of the possibility offered by Article 141(4) will help Member States to compare the way it is implemented and citizens to have a full picture of the situation existing in each Member State. (8) The Court of Justice has ruled that, having regard to the fundamental nature of to effective judicial protection, employees enjoy such protection even after the employment relationship has ended (6). the right (5) OJ L 348, 28.11.1992, p. 1. (6) Case C-185/97 Coote [1998] ECR I-5199. 28.11.2000 EN Official Journal of the European Communities C 337 E/205 (9) The Court of to be Justice has ruled that, effective, the principle of equal treatment implies that, whenever it is breached, the compensation awarded to the employee discriminated against must be adequate in relation to the damage sustained (1). in order (10) To provide a more effective level of protection to workers who are discriminated against on grounds of sex, associations or legal entities should also be empowered to exercise the rights of defence on behalf or in protection of any person who considers himself or herself wronged because the principle of equal treatment has not been applied to them. (11) Member States should promote social dialogue between the social partners to address different forms of discrimi- nation based on sex in the workplace and to combat them. (12) Member States should provide for effective, proportionate and dissuasive sanctions in case of breaches of the obli- gations under Directive 76/207/EEC. (13) In accordance with the principles of subsidiarity and proportionality as set out in Article 5 of the Treaty, the objectives of the proposed action cannot be sufficiently achieved by the Member States and can therefore be better achieved by the Community. This Directive confines itself to the minimum required in order to achieve those objectives and does not go beyond what is necessary for that purpose. (14) Directive 76/207/EEC should therefore be amended accordingly, HAVE ADOPTED THIS DIRECTIVE: Article 1 Directive 76/207/EEC is hereby amended as follows: 1. In Article 1, the following paragraph 1a is inserted: B1a. Member States shall introduce such measures as are necessary to enable them actively and visibly to promote the objective of equality between men and women by its incor- poration, in particular, into all laws, regulations, adminis- trative provisions, policies and activities in the areas referred to in paragraph 1C. 2. The following Article 1a is inserted BArticle 1a hostile, intimidating, an environment, submission to, such conduct decision which affects that person.C disturbing offensive in particular if a person’s rejection of, or is used as a basis for a or 3. Article 2 is amended as follows: (a) In pararaph 1, the following subparagraph is added: criterion for the purposes of BIndirect discrimination, the first subparagraph, shall exist where an apparently neutral a provision, substantially higher proportion of the members of one sex unless that provision, criterion or practice is appro- priate and necessary and can be justified by objective factors unrelated to sex.C disadvantages practice or (b) Paragraph 2 is replaced by the following: that a difference of B2. Member States may provide, as regards access to employment, treatment which is based on a characteristic related to sex shall not the constitute discrimination where, by reason of nature activities particular concerned or of the context in which they are carried out, such a characteristic constitutes a genuine occupa- tional requirement. occupational the of Derogations to the principle of equal treatment shall remain within the limits of what is appropriate and necessary in order to achieve the aim in view.C (c) In paragraph 3, the following subparagraph is added: BA woman who has given birth shall be entitled, after the end of her period of maternity leave, to return to her job or to an equivalent post with no change in her working conditions.C (d) Paragraph 4 is replaced by the following: On the basis of B4. the information provided by Member States pursuant to Article 9, the Commission will adopt and publish every three years a report estab- lishing a the positive measures adopted by the Member States pursuant to Article 141(4) of the Treaty.C assessment of comparative 4. In Article 3(2), the following paragraph (d) is added: Sexual harassment shall be deemed to be discrimination on the grounds of sex at the workplace when an unwanted conduct related to sex takes place with the purposes or effect of affecting the dignity of a person and/or creating (1) Case C-180/95 Draehmpaeh [1997] ECR I-2195. B(d) any provision contrary to the principle of equal treatment concerning membership of and involvement in an organisation of workers or employers, or any organisation whose members carry on a particular profession, including the benefits provided for by such organisations shall be declared null and void or may be amended.C C 337 E/206 EN Official Journal of the European Communities 28.11.2000 5. Article 6 is replaced by the following: BArticle 6 1. Member States shall introduce into their national legal systems such measures as are necessary to enable all persons who consider themselves wronged by failure to apply to them the principle of equal treatment within the meaning of Articles 3, 4, and 5 to pursue their claims by judicial process after possible recourse to other competent auth- orities, even after the employment relationship has ended. 2. Member States shall introduce into their national legal systems such measures as are necessary to ensure that reparation for the loss and damage sustained by a person injured as a result of discrimination contrary to Articles 3, 4 or 5 may not be limited by an upper limit fixed a priori or by excluding an award of interest to compensate for the loss sustained by the recipient of the compensation as a result of the lapse of time until actual payment of the capital sum awarded.C 6. The following Article 8a, 8b and 8c are inserted: BArticle 8a 1. Member States shall provide for an independent body for the promotion of treatment between women and men. This body may form part of independent, pre-existing agencies charged at national level with, in particular, the safeguard of individuals’ rights. the principle of equal 2. Member States shall ensure that the functions of the independent bodies referred to in paragraph 1 include receiving and pursuing complaints from individuals of discrimination on grounds of sex, starting investigations or surveys concerning discrimination on grounds of sex and publishing reports on issues relating to discrimination based on sex. 3. Member States shall ensure that associations, organi- sations or other legal entities may pursue, on behalf of the complainant with his or her approval, any judicial and/or administrative procedure provided for the enforcement of obligations under this Directive. Article 8b shall take adequate measures 1. Member States to promote the social dialogue between the two sides of industry with a treatment, including through the monitoring of workplace practices, collective research or conduct, codes of exchange of experiences and good practices. view to fostering equal agreements, shall encourage the two sides of 2. Member States industry without prejudice to their autonomy to conclude agreements, at laying down anti- discrimination rules in the field of equality of treatment between women and men. the appropriate level, Article 8c shall to infringments of to this Directive, and shall lay down the rules or penalties Member States the national provisions applicable adopted pursuant take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate shall notify those and dissuasive. The Member States provisions to the Commission by 31 December 2001 at the latest and shall notify it without delay of any subsequent amendment affecting them.C Article 2 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2001 at the latest or shall ensure, by that date at that management and labour introduce the requisite provisions by way of agreement. the latest, Member States shall take all necessary steps to enable them- selves at all times to guarantee the results imposed by this Directive. They shall immediately inform the Commission thereof. When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made. States The Member communicate the 2. shall the entry into force of Commission, within three years of this Directive, the all Commission to draw up a report to the European Parliament and the Council on the application of this Directive. information necessary the for to 3. Without prejudice to paragraph 2, Member States shall communicate to the Commission, every three years, the texts of laws, regulations and administrative provisions of positive measures adopted pursuant to Article 141(4) of the Treaty. Article 3 This Directive is addressed to the Member States.
http://publications.europa.eu/resource/cellar/b50315f4-6ab3-11ea-b735-01aa75ed71a1
52000AB0013
Opinion of the European Central Bank at the request of the Euro Changeover Board of Ireland on draft Ministerial Orders issued under the Economic and Monetary Union Act, 1998 (CON/00/13)
2000-06-07
eng
[ "European Central Bank" ]
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[ "Ireland", "issuing of currency", "monetary integration", "money", "national law" ]
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OPINION OF THE EUROPEAN CENTRAL BANK at the request of the Euro Changeover Board of Ireland on draft Ministerial Orders issued under the Economic and Monetary Union Act, 1998 CON/00/13 1. On 24 May 2000 the European Central Bank (ECB) received a request from the Euro Changeover Board of Ireland for an ECB Opinion on draft Ministerial Orders issued under the Economic and Monetary Union Act, 1998. 2. The ECB’s competence to deliver an opinion is based on Article 2 of the Council Decision (98/415/EC) of 29 June 1998 on the consultation of the European Central Bank by national authorities regarding draft legislative provisions, as the legislative proposal contains provisions concerning currency matters. In accordance with Article 17.5, first sentence, of the Rules of Procedure of the European Central Bank, this ECB Opinion has been adopted by the Governing Council of the ECB. 3. The Ministerial Orders make provision for the following: (1) in accordance with Regulation (EC) No. 974/98 and section 9(1) of the Economic and Monetary Union Act, 1998, the retention of legal tender status for banknotes and coins denominated in Irish pounds until 9 February 2002; (2) in accordance with section 15 of the Economic and Monetary Union Act, 1998, the calling-in of decimal coins of all denominations in Irish pounds and a commemorative coin with effect from the date of withdrawal of legal tender status; (3) in accordance with section 11(1) of the Economic and Monetary Union Act, 1998, the technical specifications, dimensions and design of euro and cent coins provided by the Minister for Finance (in compliance with Council Regulation (EC) No. 975/98 of 3 May 1998 on denominations and technical specifications of euro coins intended for circulation, as amended by Council Regulation (EC) No. 423/1999 of 22 February 1999 amending Regulation (EC) No. 975/98); and (4) in accordance with Section 11(2) of the Economic and Monetary Union Act, 1998, the issuance of euro and cent coins with effect from 1 January 2002. 4. The ECB notes the decision by the Irish Government to end the period of dual circulation of euro and Irish pound banknotes and coins at midnight on 9 February 2002 by withdrawing the legal tender status of Irish banknotes and coins from that date. This decision will facilitate a rapid cash changeover in Ireland. 5. The ECB agrees that it would not be appropriate to repeat in Irish law the denominations and technical specifications for euro coins prescribed by Council Regulation (EC) No. 975/98 of 3 May 1998 on denominations and technical specifications of euro coins intended for circulation, as amended by Council Regulation (EC) No. 423/1999 of 22 February 1999 amending Regulation (EC) No. 975/98. The ECB notes that the Ministerial Order prescribing the design of coins provided by the Minister for Finance attaches as a schedule to the Ministerial Order the agreed text describing the designs for the common face of each of the coins, as approved by the ECOFIN Council and announced at the June 1997 European Council meeting in Amsterdam. The ECB notes that this text has not been set out in any formal legal instrument to date. The ECB welcomes the decision by the Irish Government, in conjunction with six of the other participating Member States, to adopt a common edge lettering for the EUR 2 coin, which will further enhance the harmonisation of the technical specifications for such coins circulating throughout the euro area. 6. The ECB confirms that it has no objection to this ECB Opinion being made public by the competent national authorities at their discretion. Done at Frankfurt am Main on 7 June 2000. The President of the ECB [signed] Willem F. Duisenberg
http://publications.europa.eu/resource/cellar/475d58e8-4a31-4bce-b20a-aa8851bea9bc
52000PC0351
Proposal for a Council Regulation introducing exceptional trade measures for countries and territories participating in or linked to the European Union's stabilisation and association process, amending Regulation (EC) No 2820/98, and repealing Regulations (EC) Nos 1763/1999 and 6/2000
2000-06-07
eng
[ "European Commission" ]
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[ "EU relations", "Western Balkans", "liberalisation of trade", "tariff quota", "trade cooperation" ]
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COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 7.6.2000 COM(2000) 351 final 2000/0144 (ACC) Proposal for a COUNCIL REGULATION introducing exceptional trade measures for countries and territories participating in or linked to the European Union's Stabilisation and Association process, amending Regulation (EC) No 2820/98, and repealing Regulations (EC) Nos 1763/1999 and 6/2000 (presented by the Commission) 1. 2. 1 2 3 EXPLANATORY MEMORANDUM The current EC trade regime with the Western Balkan countries already contains unilateral trade preferences on an autonomous basis for Bosnia and Herzegovina and Croatia1, for Albania2 and, on the basis of a Co-operation Agreement, for the former Yugoslav Republic of Macedonia3. These preferences are similar in nature and substance to those in the 1980 Co-operation Agreement between the European Economic Community and the Socialist Federal Republic of Yugoslavia which was renounced by the Council in 1991. They provide for duty-free access to the EC for more than 80% of the imports from these countries. Despite this high degree of duty-free access to the EC market, several important industrial products are still governed by tariff ceilings and only limited concessions have been made so far for agricultural products where many products are subject to tariff quotas. Trade promotion and co-operation is a core action of the EU both within the EU Stabilisation and Association process and the Stability Pact for South-Eastern Europe. The EC is by far the most important trading partner for the region. Although current trade volumes are modest, the EC’s position means that changes to its trade policy vis-à-vis the region have some potential to increase the economic activity and trade in the Western Balkans in the medium term. Further opening of the EC market for products from these countries could promote much needed foreign direct investment, help these countries to develop their generally low export capacities and, above all, contribute to political and economic stabilisation in the region. The economies of the Western Balkans are relatively small and weak and given the very low level of imports from the Western Balkan countries (0.6% of total imports), it is unlikely that further trade liberalisation would have a negative impact on the EU. The Lisbon European Council of 23/24 March 2000 stated that Stabilisation and Association Agreements with Western Balkan countries, which involve the establishment of Free Trade Areas “should be preceded by asymmetrical trade liberalisation”. As part of the Stabilisation and Association process the Commission proposes to further improve the existing autonomous trade preferences, which will be Council Regulation (EC) No 6/2000 of 17.12.1999 (OJ L 2, 5.1.2000); applies since 1.1.2000 until 31.12.2001. Renewed and up-graded version of the old trade regime inherited from the former (renounced) 1980 Co-operation Agreement EEC/SFRY and granted on an autonomous basis since, late 1991, to all former Yugoslav Republics. This Regulation also contains wine concessions, which equally apply to Slovenia and the former Yugoslav Republic of Macedonia, pending the conclusion of specific wine agreements with these countries. The Federal Republic of Yugoslavia was temporarily included in the regime (9.5.97-31.12.1997) but is currently excluded due to non-compliance with the relevant conditions (mainly respect for democratic principles). Council Regulation (EC) No 1763/1999 of 29.7.1999 (OJ L 211, 11.8.1999); applies since 1.10.1999 until 31.12.2001. These trade preferences complement the 1992 Trade and Co-operation Agreement between the EC and Albania (only MFN treatment) and ensured similar treatment of Albania like other Western Balkan countries. A textile agreement had been previously in place. Applying since 1.1.1998. Prior to this, the former Yugoslav Republic of Macedonia benefited from the autonomous trade preferences with former Yugoslav Republics and still does for wine (cf. footnote 1). In parallel, a textile agreement is in place. 2 3. 4. replaced in due course by Stabilisation and Association Agreements with the countries concerned. With a view to supporting economic revival in Kosovo it is equally proposed to extend these preferences to Kosovo which, under UNSC Resolution 1244 of 10 June 1999, is subject to international civil administration by the United Nations Mission in Kosovo (UNMIK). In accordance with UNSC Resolution 1244 (10th and 11th preambular), UNMIK’s mandate is defined as an interim administration “under which the people of Kosovo can enjoy substantial autonomy within the Federal Republic of Yugoslavia” and its responsibilities include “performing basic civilian administrative functions where and as long as required”. By Regulation No 1999/3 of 31 August 1999, UNMIK has established a customs service of around 120 local staff working under the authority of an UNMIK Director General of Customs. This service is present at the international borders and has established several taxation points at the administrative boundary lines of Kosovo in close co-operation with KFOR and CIVPOL. The EC funded Customs Assistance Mission in Kosovo (CAM-K) is a team composed of 10 international customs experts, which is supporting the modernisation of the UNMIK customs service and the establishment of customs procedures harmonised with the EU practises. One of the areas of technical assistance to the UNMIK customs service is the establishment of effective procedural and organisational measures to enable certificates of origin to be issued. CAM-K is also assisting with the drafting of a revision of UNMIK administrative directive No 1999/01 which will provide the legislative framework for the implementation of the correct functioning of the system. Furthermore, customs co-operation between the UNMIK customs service and the former Yugoslav Republic of Macedonia was established on 7 March 2000 with the initialling of a Joint Statement on cross-border co-operation. the administrative measures necessary for The Republic of Montenegro, within the Federal Republic of Yugoslavia, has no independent customs administration. The extension of the trade preferences to the Republic of Montenegro is, therefore, not possible. However, in order to support economic and democratic reforms in that Republic, it is proposed to grant limited and specific concessions (duty-free tariff quotas) for aluminium products, produced in one plant in other parts of the Federal Republic of Yugoslavia. The proposal therefore foresees arrangements applicable for certain industrial products originating in the Federal Republic of Yugoslavia without the Federal Republic of Yugoslavia from the prejudice to the exclusion of autonomous trade preferences as a whole and in full respect of Council Regulation (EC) No 1294/99 of 15 June 19994. in Montenegro and not 5. The aim of the attached proposal for a Council Regulation (EC) is: • to abolish remaining tariff ceilings for certain industrial products originating in Albania, Bosnia and Herzegovina and Croatia and to improve access for agricultural products including processed agricultural products and fishery products originating in these countries; 4 OJ L 153, 19.6.1999, p. 63; Regulation as last amended by Council Regulation (EC) No 723/2000 (OJ L 86, 7.4.2000, p.1). 3 • to extend these preferences to Kosovo as defined by UNSC Resolution No 1244 of 10 June 1999; • to grant limited concessions (tariff quotas) for Montenegrin aluminium products originating in the Federal Republic of Yugoslavia; • to streamline and concentrate the autonomous trade preferences for the countries of the Western Balkans in a single new Regulation, thus repealing Regulations (EC) Nos 6/2000 and 1763/1999; • to remove the countries covered by the proposed Regulation from the GSP. These measures are proposed as part of the EU Stabilisation and Association process, in response to the specific situation in the Western Balkans. They will not be proposed for other regions and will not constitute a precedent for the EC trade policy with other third countries. 6. It is proposed to link the granting of these improved preferences to the readiness of Albania, Bosnia and Herzegovina and Croatia to engage in effective economic reforms and in regional co-operation with the other countries concerned by the EU Stabilisation and Association process and of all the countries and territories concerned to respect a standstill as regards duties, quantitative restrictions or charges having equivalent effect on imports from the EC. The proposal establishes safeguards against the risk of fraud and non-respect of rules of origin. The standstill provision is underpinned by a strengthened temporary suspension clause, which equally applies in cases of evidence of fraud, non-respect of rules of origin and/or massive increase of exports into the Community above the level of normal production and export capacity of the beneficiary countries and territories. The period of application of this Regulation is limited to two years. Additionally, under the EU Stabilisation and Association process, support is being provided to the beneficiary countries institutional and administrative capacities and to intensify customs cooperation. to strengthen their 7. Furthermore, this proposal will imply several actions, amendments and adjustments to be made in directly connected areas: • In order to avoid any discrimination, the granting of equivalent trade preferences to the former Yugoslav Republic of Macedonia on a separate basis - complementing the existing Co-operation Agreement, by means of an exchange of letters, prior to the signature of a Stabilisation and Association Agreement; • The amendment of Regulation (EC) No 517/94 on quantitative limits for imports of textiles products to include separate textile quotas for Kosovo as defined by UNSC Resolution 1244 of 10 June 1999; in addition, the Commission intends to propose as soon as possible the opening of negotiations for textile agreements with Bosnia and Herzegovina and Croatia in order to liberalise trade in textiles with them and to substitute the quotas with a double-checking system and administrative co-operation provisions (textiles representing around 30% of their exports to the EC) and to remove these countries from Regulation (EC) No 517/94; 4 • The possible amendment of the implementing provisions relating to the Community Customs Code (Commission Regulation 2543/93) as regards products originating in Kosovo as defined by UNSCR 1244 of 10 June 1999; • The adjustment of the waiver currently being introduced in the WTO by the Commission for the EC trade regime with the Western Balkan countries, taking into account the elements of improvement and extension of the preferences as foreseen in the proposed Regulation. 8. The Commission proposes the attached proposal for a Council Regulation (EC) for adoption to the Council. 5 2000/0144 (ACC) Proposal for a COUNCIL REGULATION introducing exceptional trade measures for countries and territories participating in or linked to the European Union's Stabilisation and Association process, amending Regulation (EC) No 2820/98, and repealing Regulations (EC) Nos 1763/1999 and 6/2000 THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof, Having regard to the proposal from the Commission1, Whereas: (1) (2) (3) At its meeting in Lisbon on 23 and 24 March 2000, the European Council concluded that Stabilisation and Association Agreements with Western Balkan countries should be preceded by asymmetrical trade liberalisation. The Council, in its conclusions of 24 January and 14 February 2000, also invited the Commission to examine the question of facilitating trade with the Republic of Montenegro within the Federal Republic of Yugoslavia. Council Regulation (EC) No 6/2000 of 17 December 1999 concerning the arrangements applicable to imports into the Community of products originating in the Republics of Bosnia and Herzegovina and Croatia and to imports of wine originating in the former Yugoslav Republic of Macedonia and the Republic of Slovenia2 offers for certain industrial products exemption from customs duties within the limit of tariff ceilings and limited concessions are made for agricultural goods, many of them in form of exemption from duties within the limit of tariff quotas. Council Regulation (EC) No 1763/993 concerning arrangements applicable to imports into the Community of products originating in Albania provides for a similar regime containing the same restrictions. (4) The general level of imports from the Western Balkan countries is less than 0.6% of all Community imports. Further market opening is expected to contribute to the process of political and economic stabilisation in the region while not creating negative effects for the Community. 1 2 3 OJ C OJ L 2, 5.1.2000, p 1. OJ L 211, 11.8.1999, p 1. 6 (5) (6) (7) (8) (9) (10) It is, therefore, appropriate to further improve the Community's autonomous trade preferences by removing all remaining tariff ceilings for industrial products and by further improving access to the Community market for agricultural and fishery products, including processed products. These measures are proposed as part of the EU Stabilisation and Association process, in a response to the specific situation in the Western Balkans. They will not constitute a precedent for Community trade policy with other third countries. In accordance with the EU Stabilisation and Association process, based on the earlier Regional Approach and the Council Conclusions of 29 April 1997, the development of bilateral relations between the European Union and the Western Balkan countries is subject to certain conditions. The granting of autonomous trade preferences is linked to respect for fundamental principles of democracy and human rights and to the readiness of the countries concerned to develop economic relations between themselves; the granting of improved autonomous trade preferences in favour of countries participating in the EU Stabilisation and Association process should be linked to their readiness to engage in effective economic reforms and in regional cooperation, in particular through the establishment of free trade areas in line with relevant GATT/WTO standards. Trade preferences can only be granted to countries or territories possessing a customs administration. Albania, Bosnia and Herzegovina, Croatia, the former Yugoslav Republic of Macedonia and Kosovo, as the latter is defined by the United Nations Security Council Resolution 1244 of 10 June 19994, (hereinafter referred to as "Kosovo") fulfil these conditions, and similar trade preferences should be granted to all of them in order to avoid discrimination within the region; The Republic of Montenegro within the Federal Republic of Yugoslavia does not possess a separate customs administration. It is, therefore, impossible to grant the same preferences to it. However, the granting of limited trade preferences for certain Montenegrin industrial products that are not produced in other parts of the Federal Republic of Yugoslavia is possible without prejudice to the principle of excluding the Federal Republic of Yugoslavia from the trade preferences as a whole and in full compliance with Council Regulation (EC) No 1294/99 of 15 June 1999 in relation to the concerning a freeze of Federal Republic of Yugoslavia (FRY) and repealing Regulations (EC) No 1295/98 and (EC) No 1607/985. funds and a ban on investment (11) The former Yugoslav Republic of Macedonia is already linked to the Community by a Co-operation Agreement containing trade preferences, and the Community and its Member States opened negotiations for a Stabilisation and Association Agreement with that country. The equivalent of improved autonomous trade preferences under this Regulation should, therefore, be granted to that country on a separate basis, with the exception of concessions for wine. 4 5 Subject to international civil administration by the United Nations Mission in Kosovo (UNMIK). OJ L 153, 19.6.1999, p. 63; Regulation as last amended by Council Regulation (EC) No 723/2000 (OJ L 86, 7.4.2000, p. 1). 7 (12) (13) (14) (15) (16) (17) The proposed Regulation should continue to provide for concessions on wine, as granted under Regulation (EC) No 6/2000, which apply equally to Slovenia and the former Yugoslav Republic of Macedonia pending the conclusion of specific wine agreements with these countries. As these concessions continue to consist of a global tariff quota, it is appropriate to keep these provisions in one and the same Regulation. It is, therefore, appropriate to grant the improved autonomous trade preferences to Albania, Bosnia and Herzegovina and Croatia and to include Kosovo and to grant limited and specific trade preferences for certain industrial products originating in the Federal Republic of Yugoslavia. For the purposes of certification or origin and administrative cooperation procedures, the relevant provisions of 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 Code6 should be applied. For the sake of rationalisation and simplification, it is appropriate to provide that the Commission may, having consulted the Customs Code Committee and without prejudice to the specific procedures provided for in this Regulation, make any necessary changes and technical amendments necessary to this Regulation. Since the measures necessary for this Regulation are management measures within the meaning of Article 2 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission7, they should be adopted by use of the management procedure provided for in Article 4 of that Decision; the implementation of The introduction of the proposed measures for agricultural products and fishery products originating in the Republics of Albania, Bosnia and Herzegovina and Croatia will make the inclusion of those Republics in the Community’s scheme of generalised tariff preferences superfluous. It is therefore appropriate to remove those Republics from the list of beneficiaries of Council Regulation (EC) No 2820/98 of 21 December 1998 applying a multiannual scheme of generalised tariff preferences for the period 1 July 1999 to 31 December 20018. (18) A single new Regulation containing all autonomous trade preferences would give greater transparency to the Community trade regime with countries and territories linked to the EU Stabilisation and Association process. participating in or Consequently, Council Regulations (EC) Nos 1763/1999 and 6/2000 should be replaced. (19) These import arrangements should be renewed on the basis of the conditions established by the Council and in the light of the experience gained in granting these arrangements under this Regulation. It is therefore appropriate to limit the duration of the arrangements to 31 December 2002, 6 7 8 OJ L 253, 11.10.1993, p. 1; Regulation as last amended by Regulation (EC) No 1662/1999 (OJ L 197, 29.7.1999, p. 25). OJ L 184, 17.7.1999, p. 23. OJ L 357, 30.12.1998, p. 1; Regulation as amended by Regulation (EC) No 1763/1999. 8 HAS ADOPTED THIS REGULATION: Article 1 Preferential arrangements 1. 2. 3. 1. 2. Subject to the special provisions laid down in Articles 3 and 4, products originating in the Republics of Albania, Bosnia and Herzegovina and Croatia as well as in Kosovo as defined by the United Nations Security Council Resolution 1244 of 10 June 1999 (hereinafter referred to as "Kosovo"), other than those of heading Nos 0102, 0201, 0202 and 1604 of the Combined Nomenclature, shall be admitted for import into the Community without quantitative restrictions or measures having equivalent effect and with exemption from customs duties and charges having equivalent effect. Wine imports originating in the Republic of Slovenia and the former Yugoslav Republic of Macedonia shall benefit from concessions provided for in Article 4. Certain industrial products originating in the Federal Republic of Yugoslavia shall benefit from concessions provided for in Article 5. Article 2 Conditions for entitlement to the preferential arrangements Entitlement to benefit from the preferential arrangements introduced by Article 1 shall be subject to the following: (a) (b) compliance with the definition of the concept of "originating products" provided for in Title IV, Chapter 2, section 2 of Regulation (EEC) No 2454/93; and to the abstention of the countries and territories mentioned in Article 1 from introducing new duties or charges having equivalent effect and new quantitative restrictions or measures having equivalent effect from imports originating in the Community or from increasing existing levels of duties or charges or from introducing any other restrictions from the day of the entry into force of this Regulation. For Albania, Bosnia and Herzegovina and Croatia, the entitlement to benefit from the preferential arrangements introduced by Article 1 shall equally be subject to their readiness to engage in effective economic reforms and in regional cooperation with other countries concerned by the European Union's Stabilisation and Association process, in particular through the establishment of free trade areas in conformity with Article XXIV of the GATT 1994 and other relevant WTO provisions. In the event of non-compliance in this respect, the Council may take the appropriate measures by a qualified majority vote, on the basis of a Commission proposal. 9 1. 2. 1. 2. Article 3 Limited concessions for certain textile products As regards textile products originating in the countries or territories referred to in Article 1 (1) of this Regulation and indicated in Annex III B of Regulation (EC) No 517/94, the exemption from customs duties and charges having equivalent effect shall be limited to the Community annual quantities set out in Regulation (EC) No 517/94. For re-importations following an outward processing operation in accordance with Council Regulation (EC) No 3036/949, the exemption from customs duties shall be limited to the Community annual quantities set in Annex VI to Regulation (EC) No 517/94 when products are originate in countries or territories mentioned in Article 1(1) of this Regulation. Article 4 Agricultural products – tariff quotas For certain fishery products originating in Albania, Bosnia and Herzegovina and Croatia and wine originating in the countries and territories referred to in Article 1 (1) and (2), both listed in Annex I, the customs duties applicable to imports into the Community shall be suspended during the periods, at the levels and within the limits of the Community tariff quotas indicated for each product in that Annex. The customs duties applicable to imports into the Community of ‘baby-beef’ products defined in Annex II and originating in the countries and territories referred to in Article 1(1), shall be 20% of the ad valorem duty and 20% of the specific duty as laid down in the Common Customs Tariff, within the limit of an annual tariff quota of 10.900 tonnes expressed in carcass weight. The volume of the annual tariff quota of 10.900 tonnes shall be distributed among the beneficiary republics, as follows: (a) 1.500 tonnes (carcass weight) for ‘baby-beef’ products originating in Bosnia and Herzegovina; (b) 9.400 tonnes (carcass weight) for ‘baby-beef’ products originating in Croatia. Imports into the Community of ‘baby-beef’ products defined in Annex II and originating in Albania and in Kosovo shall not benefit from a tariff concession. 9 OJ L 322, 15.12.1994, p. 1. 10 Any request for import within these quotas shall be accompanied by an authenticity certificate issued by the competent authorities of the exporting country and attesting that the goods originate in the country or territory concerned and correspond to the definition in Annex II. This certificate shall be drawn up by the Commission according to the procedure provided for in Article 43 of Council Regulation (EC) No 1254/199910. Article 5 Tariff quotas for aluminium products originating in the Federal Republic of Yugoslavia From 1 January to 31 December each year, imports into the Community of aluminium products originating in the Federal Republic of Yugoslavia and listed in Annex III, shall benefit from an exemption from customs duties in accordance with the Community tariff quotas specified in that Annex. Article 6 Implementation of tariff quotas for "baby beef" The detailed rules for implementing the tariff quota for ‘baby-beef’ products shall be determined by the Commission according to the procedure provided for in Article 43 of Regulation (EC) No 1254/99. Article 7 Administration of tariff quotas The tariff quotas referred to in Article 4(1) and Article 5 shall be administered by the Commission in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93. Communication for that purpose between the Member States and the Commission shall be effected, as far as possible, by telematic link. Article 8 Access to tariff quotas Each Member State shall ensure that importers have equal and uninterrupted access to the tariff quotas for as long as the balance of the relevant quota volume so permits. 10 OJ L 160, 26.6.1999, p. 21. 11 Article 9 Conferment of powers The Commission shall, in accordance with the procedure referred to in Article 10(2), adopt the provisions necessary for the application of this Regulation, other than those provided for in Article 6, notably: (a) (b) 1. 2. 3. amendments and technical adjustments necessary following amendments to the Combined Nomenclature codes and to the Taric-subdivisions; necessary adjustments following the conclusion of other agreements between the Community and the countries and territories referred to in Article 1. Article 10 Management Committee The Commission shall be assisted by the Customs Code Committee instituted by Article 247 of Council Regulation (EEC) No 2913/9211, hereinafter referred to as the ‘Committee’. Where reference is made to this paragraph, the management procedure laid down in Article 4 of Decision 1999/468/EC shall apply, in compliance with Article 7 thereof. The period provided for in Article 4(3) of Decision 1999/468/EC shall be one month. Article 11 Cooperation Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with. Article 12 Temporary suspension 1. Where the Commission finds that there is sufficient evidence of fraud or failure to provide administrative cooperation as required for the verification of evidence of origin, or that there is a massive increase of exports into the Community above the level of normal production and export capacity or a failure of compliance with the provisions of Article 2(1) by countries and territories covered by this Regulation, it may take measures to suspend in whole or in part the arrangements provided for in this Regulation for a period of three months, provided that is has first: 11 OJ L 302, 19.10.1992, p. 1. 12 (a) (b) (c) informed the Committee; called on the Member States to take such precautionary measures as are necessary in order to safeguard the Community’s financial interests and/or to secure compliance by the beneficiary countries and territories with Article 2(1); published a notice in the Official Journal of the European Communities stating that there are grounds for reasonable doubts about the application of the preferential arrangements and/or compliance with Article 2(1) by the beneficiary country or territory concerned which may call into question its right to continue enjoying the benefits granted by this Regulation. 2. 3. A Member State may refer the Commission’s decision to the Council within 10 days. The Council, acting by a qualified majority, may take a different decision within 30 days. On conclusion of the period of suspension, the Commission shall decide either to terminate the provisional suspension measure following consultation of the Committee or to extend the suspension measure in accordance with the procedure provided for in paragraph 1. Article 13 Amendment of Regulation (EC) No 2820/98 In Annex III to Regulation (EC) No 2820/98, the following entries are deleted: "AL Albania(1)", "BA Bosnia and Herzegovina(1)" and "HR Croatia(1)". Article 14 Repeals Regulations (EC) Nos 1763/1999 and 6/2000 are hereby repealed. Article 15 Initial pro rata application 1. 2. By way of derogation from Article 7, paragraphs 2, 3 and 4 of this Article shall apply for the first calendar year of the application of this Regulation. The volumes of the tariff quotas shall be calculated as a pro rata of the basic volumes indicated in Annexes I and III, account being taken of the part of the period elapsed before the date of application of this Regulation. 13 3. 4. 1. The quantities which have been imported within the framework of the tariff quotas with order numbers 09.1515 and 09.1561 applicable within Regulations (EC) Nos 6/2000 and 1763/1999 respectively, shall be taken into account for charging on the respective tariff quotas in Annex I to this Regulation. The quantities which have been imported within the framework of the tariff quotas for "baby beef" applicable within Article 5(3) and Annex F of Regulation (EC) No 6/2000 shall be taken into account for charging on the respective tariff quotas referred to in Article 4(2) and Annex II of this Regulation. Article 16 Transitional measures The benefit of the generalised tariff preferences established by Regulation (EC) No 2820/98 shall continue to be granted in respect of goods originating in Albania, Bosnia and Herzegovina and Croatia which are put into free circulation in the Community before [the first day of the fourth month following the entry into force of this Regulation], provided that: (a) (b) the goods concerned are covered by a purchase contract concluded before the date of entry into force of this Regulation; and it can be shown to the satisfaction of the customs authorities that those goods left the country of origin no later than the date of entry into force of this Regulation. 2. The customs authorities may regard paragraph 1(b) as having been satisfied if one of the following documents is submitted to them: (a) (b) (c) (d) in the case of transport by sea or waterway, the bill of loading showing that loading took place before the date of entry into force of this Regulation; in the case of transport by rail, the consignment note accepted by the railways of the expediting country before the date of entry into force of this Regulation; in the case of transport by road, the international road transport TIR carnet issued before the date of entry into force of this Regulation by the customs office in the country of origin or any other appropriate document authenticated by the relevant customs authorities of the country of origin before that date; in the case of transport by air, the air consignment note showing that the airline received the goods before the date of entry into force of this Regulation. 14 Article 17 Entry into force and application 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 the first day of the second month after its entry into force until 31 December 2002. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, For the Council The President 15 ANNEX I concerning the tariff quotas referred to in Article 4(1) Notwithstanding the rules for the interpretation of the Combined Nomenclature, the wording for the description of the products is to be considered as having no more than an indicative value, the preferential scheme being determined, within the context of these Annexes, by the coverage of the CN codes. Where ex CN codes are indicated, the preferential scheme is to be determined by application of the CN code and corresponding description taken together. CN Code Description Quota volume per year(1) 100 tonnes Beneficiaries Rate of duty Exemption Albania, Bosnia and Herzegovina, Croatia Trout (Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki, Oncorhynchus aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus chrysogaster): live; fresh or chilled; frozen; dried, salted or in brine, smoked; fillets and other fish meat; flours, meals and pellets, fit for human consumption Carp: live; fresh or chilled; frozen; dried, salted or in brine, smoked; fillets and other fish meat; flours, meals and pellets, fit for human consumption Exemption 300 tonnes Albania, Bosnia and Herzegovina, Croatia Order No 09.1571 09.1573 0301 91 10 0301 91 90 0302 11 10 0302 11 90 0303 21 10 0303 21 90 0304 10 11 0304 10 19 0304 10 91 0304 20 11 0304 20 19 0304 90 10 0305 10 00 0305 30 90 0305 49 45 0305 59 90 0305 69 90 0301 93 00 0302 69 11 0303 79 11 0304 10 19 0304 10 91 0304 20 19 0304 90 10 0305 10 00 0305 30 90 0305 49 80 0305 59 90 0305 69 90 ex ex ex ex ex ex ex ex ex ex ex ex ex ex ex ex ex (1) One global volume per tariff quota shared among the beneficiaries. 16 09.1575 ex ex ex ex ex ex ex ex ex ex ex ex ex ex ex ex ex ex ex ex ex 09.1577 09.1579 0301 99 90 0302 69 61 0303 79 71 0304 10 38 0304 10 98 0304 20 95 0304 90 97 0305 10 00 0305 30 90 0305 49 80 0305 59 90 0305 69 90 0301 99 90 0302 69 94 0303 77 00 0304 10 38 0304 10 98 0304 20 95 0304 90 97 0305 10 00 0305 30 90 0305 49 80 0305 59 90 0305 69 90 1604 13 11 1604 13 19 Sea bream (Dentex dentex and Pagellus spp.): live; fresh or chilled; frozen; dried, salted or in brine, smoked; fillets and other fish meat; flours, meals and pellets, fit for human consumption Sea bass (Dicentrarchus labrax): live; fresh or chilled; frozen; dried, salted or in brine, smoked; fillets and other fish meat; flours, meals and pellets, fit for human consumption Prepared or preserved sardines ex 1604 20 50 09.1561 1604 16 00 1604 20 40 Prepared or preserved anchovies Wine of fresh grapes, of an actual alcoholic strength by volume not exceeding 15% vol, other than sparkling wine 09.1515 2204 21 79 ex 2204 21 80 2204 21 83 ex 2204 21 84 2204 29 65 ex 2204 29 75 2204 29 83 ex 2204 29 84 Exemption 100 tonnes Albania, Bosnia and Herzegovina, Croatia Exemption 600 tonnes Albania, Bosnia and Herzegovina, Croatia 6% 12.5% Exemption 250 tonnes 1 000 tonnes 545 000 hl Albania, Bosnia and Herzegovina, Croatia Albania, Bosnia and Herzegovina, Croatia Albania, Bosnia and Herzegovina, Croatia, Former Yugoslav Republic of Macedonia, Kosovo, Slovenia 17 ANNEX II Definition of ‘baby beef’ products referred to in Article 4(2) Notwithstanding the rules for the interpretation of the Combined Nomenclature, the wording for the description of the products is to be considered as having no more than an indicative value, the preferential scheme being determined, within the context of this Annex, by the coverage of the CN codes. Where ex CN codes are indicated, the preferential scheme is to be determined by application of the CN code and corresponding description taken together. CN Code Taric sub- division Description ex 0102 90 51 ex 0102 90 59 ex 0102 90 71 ex 0102 90 79 ex 0201 10 00 ex 0201 20 20 10 11 21 31 91 10 21 91 91 91 Live bovine animals : - Other : -- Domestic species : --- Of a weight exceeding 300 kg : ---- Heifers (female bovines that have never calved) : ----- For slaughter : - Not yet having any permanent teeth, of a weight of 320 kg or more but not exceeding 470 kg (1) ----- Other : - Not yet having any permanent teeth, of a weight of 320 kg or more but not exceeding 470 kg (1) ---- Other : ----- For slaughter : - Bulls and steers not yet having permanent teeth, of a weight of 350 kg or more but not exceeding 500 kg (1) ----- Other : - Bulls and steers not yet having permanent teeth, of a weight of 350 kg or more but not exceeding 500 kg (1) Meat of bovine animals, fresh or chilled : - Carcases and half-carcases : - Carcases of a weight of 180 kg or more but not exceeding 300 kg, and half carcases of a weight of 90 kg or more but not exceeding 150 kg, with a low degree of ossification of the cartilages (in particular those of the symphysis pubis and the vertebral apophyses), the meat of which is a light pink colour and the fat of which, of extremely fine texture, is white to light yellow in colour(1) - Other cuts with bone in : -- ‘Compensated’ quarters : - 'Compensated' quarters of a weight of 90 kg or more but not exceeding 150 kg, with a low degree of ossification of the cartilages (in particular those of the symphysis pubis and the vertebral apophyses), the meat of which is a light pink colour and the fat of which, of extremely fine texture, is white to light yellow in colour (1) (1) Entry under this subheading is subject to conditions laid down in the relevant Community provisions. 18 ex 0201 20 30 -- Unseparated or separated forequarters : 91 - Separated forequarters, of a weight of 45 kg or more but not exceeding 75 kg, with a low degree of ossification of the vertebral the cartilages (in particular apophyses), the meat of which is a light pink colour and the fat of which, of extremely fine texture, is white to light yellow in colour (1) those of ex 0201 20 50 -- Unseparated or separated hindquarters : 91 - Separated hindquarters of a weight of 45 kg or more but not exceeding 75 kg (but 38 kg or more and not exceeding 68 kg in the case of 'Pistola' cuts), with a low degree of ossification of the cartilages (in particular those of the vertebral apophyses), the meat of which is a light pink colour and the fat of which, of extremely fine texture, is white to light yellow in colour (1) (1) Entry under this subheading is subject to conditions laid down in the relevant Community provisions. 19 ANNEX III Concerning the annual tariff quotas referred to in Article 5 and applicable to certain industrial products originating in the Federal Republic of Yugoslavia Notwithstanding the rules for the interpretation of the Combined Nomenclature, the wording for the description of the products is to be considered as having no more than an indicative value, the preferential scheme being determined, within the context of these Annexes, by the coverage of the CN codes. Where ex CN codes are indicated, the preferential scheme is to be determined by application of the CN code and corresponding description taken together. Order number CN Code Description 09.1591 2818 Artificial corundum, whether or not chemically defined; aluminium oxide; aluminium hydroxide 09.1593 7601 Unwrought aluminium Quota volume (in tonnes) 10 000 40 000 20 FINANCIAL STATEMENT 1. TITLE OF OPERATION: trade measures for Proposal for a Council Regulation introducing exceptional countries and territories participating in or linked to the European Union's Stabilisation and Association process [concerning the arrangements applicable to imports into the Community of products originating in the Republics of Albania, Bosnia and Herzegovina and Croatia as well as in Kosovo as defined by UNSC Resolution 1244 of 10 June 1999, to imports of wine originating in the former Yugoslav Republic of Macedonia and the Republic of Slovenia and to imports of certain industrial products originating in the Federal Republic of Yugoslavia, repealing Council Regulations (EC) Nos 6/2000 and 1763/99 and amending Council Regulation (EC) No 2820/98 by ending GSP benefit for the Republics of Albania, Bosnia and Herzegovina and Croatia] 2. BUDGET HEADING INVOLVED: Chapter 12, Article 120. 3. LEGAL BASIS: Article 133 of the EC Treaty. 4. OBJECTIVE: • The upgrading of the existing EC autonomous preferential trade arrangements applicable to imports into the Community of products originating in the Republics of Bosnia and Herzegovina and Croatia and to imports of wine originating in the former Yugoslav Republic of Macedonia and the Republic of Slovenia and, on a separate basis, to Albania (in one single new Regulation); • The extension of these preferences to imports from Kosovo as defined by UNSC Resolution 1244 of 10 June 1999; • The granting of specific limited concessions for the import of certain Montenegrin industrial products originating in the Federal Republic of Yugoslavia; • The removal of Albania, Bosnia and Herzegovina and Croatia from the GSP. 5. FINANCIAL IMPACT: The existing Regulations already provided for duty-free access for at least 80% of all imports from the countries concerned (annual losses at around 100 MEURO per annum) The abolishment of remaining tariff ceilings for certain industrial products and the improved accessfor agricultural products including processed agricultural products and fisheries may increase the rate of duty-free access to the Community up to 95%. A significant financial impact in terms of losses for the Community budget 21 is, however, unlikely, mainly because in the past the countries eligible for the trade arrangements were unable to use fully the given preferences and this is not likely to change quickly. All imports from the countries concerned represent less than 0.6% of total imports of the Community. 6. FIGHT AGAINST FRAUD: Provisions on the management of tariff quotas and a specific temporary suspension clause (Article 10) include the measures necessary for preventing and protecting against fraud and irregularities in the case of failure to provide administrative cooperation as required for the verification of evidence of origin or massive increase of exports into the Community above the level of normal production and export capacity of the countries and territories concerned. 22
http://publications.europa.eu/resource/cellar/8cf5051d-431f-44e4-b649-c52ec82acba7
92000E001947
WRITTEN QUESTION P-1947/00 by Ulla Sandbæk (EDD) to the Commission. Implementation of directives in Member States via collective bargaining agreements.
2000-06-07
eng
[ "European Parliament", "Provisional data" ]
[]
[]
[]
[ "html", "pdf", "print" ]
[ "Denmark", "EC Directive", "application of EU law", "arrangement of working time", "collective agreement", "labour law", "national implementing measure", "organisation of work", "social partners" ]
[ "336", "4015", "2247", "1503", "194", "557", "5739", "2184", "3572" ]
18.4.2001 EN Official Journal of the European Communities C 113 E/53 This has been the main subject of the communication of the Commission on the Community development co-operation policy which states that the main objective of development co-operation is poverty reduction. The Community is steadily increasing its aid to least developed countries and will continue to do so on a more systematic basis. At the macro-economic level, structural adjustment programmes of the (cid:145)new generation(cid:146) include social indicators (health and education) for the allocation of part of the funds, in order to stimulate the countries concerned to achieve better results in these sectors. In the framework of EU-ACP co-operation, the national indicative programmes put emphasis on poverty In many African countries this is reduction as an important objective of development co-operation. reflected in the choice of focal sectors such as food security, rural development, or social sectors. Amounts allocated to basic social services (health and education) have dramatically increased. At the international level, the Community has promoted the importance of dealing with the political and international dimensions of poverty. These issues are now recognised in the agendas of the SPA and development assistance committee (DAC) working groups on poverty, and the Commission is actively engaged in this work. The recently signed Cotonou agreement between the ACP countries and the Union provides a good example of a contractual framework for co-operation centred on the objective of poverty reduction. Community development co-operation will be based on integrated strategies that incorporate economic, social, cultural, environmental and institutional elements that must be locally owned. Co-operation will thus provide a coherent enabling framework of support for the ACP(cid:146)s own development strategies. 2. For specific results on poverty reduction, the Honourable Member is invited to refer to the evaluation of (cid:145)The European Community External Co-operation Programmes- policies, management and distribution(cid:146) published by the Commission and the Overseas Development Institute (1999). This evaluation shows that investment in access to basic social services (especially health and education) has dramatically increased in ACP countries over the last three years. Results on poverty reduction have certainly be significant in the field of protection of social budgets within the framework of structural adjustment programmes, of microprojects and decentralised co-operation. (2001/C 113 E/049) WRITTEN QUESTION P-1947/00 by Ulla Sandb(cid:230)k (EDD) to the Commission (7 June 2000) Subject: Implementation of directives in Member States via collective bargaining agreements The then Commissioner Padraig Flynn gave an assurance on 10 May 1993 that it is possible to implement directives via collective bargaining agreements without supplementary legislation. Was it in Commissioner Flynn(cid:146)s letter that such implementation can take place only where there is 100 % coverage by such an agreement? implicit How does the Commission envisage that Danish workers not covered by collective bargaining agreements could come within the scope of Council Directive 93/104/EC (1) of 23 November 1993 concerning certain aspects of the organisation of working time? (1) OJ L 307, 13.12.1993, p. 18. C 113 E/54 Official Journal of the European Communities EN 18.4.2001 Answer given by Mrs Diamantopoulou on behalf of the Commission (12 July 2000) In respect of the use of collective agreements as a means of implementation the Honourable Member is referred to Article 137(4) (ex Article 118) of the EC Treaty: A Member State may entrust management and labour, at their joint request, with the implementation of directives pursuant to paragraphs 2 and 3. In this case, it shall ensure that, no later than the date on which a directive must be transposed in accordance with Article 249, management and labour have introduced the necessary measures by agreement, the Member State concerned being required to take any necessary measure enabling it at any time to be in a position to guarantee the results imposed by that directive. Secondly, the Court of Justice has stated that: Although Member States may leave the implementation of the (principle of equal pay) in the first instance to representatives of management and labour, that possibility does not discharge them from the obligation of ensuring, by appropriate legislative and administrative provisions, that all workers in the Community are afforded the full protection provided for in Directive (1). That State guarantee must cover all cases where effective protection is not ensured by other means, for whatever reason, and in particular cases where the workers in question are not union members, where the sector in question is not covered by a collective agreement or where such an agreement does not fully guarantee (the principle of equal pay) (2). the Commission is examining the implementation of Council Directive 93/104/EC of At present, 23 November 1993 concerning certain aspects of the organisation of working time (3) with a view to presenting a comprehensive implementation report concerning all Member States. As regards the Danish implementation of the Directive, the Commission has been in contact with the Danish authorities with a view to clarifying whether certain provisions of the Directive are implemented in a way which ensures that all workers are granted the full extent of their rights. (1) Council Directive 75/117/EEC of 10 February 1975 on the approximation of the laws of the Member States relating to the application of the principle of equal pay for men and women (OJ L 45, 19.2.1975). (2) Case 143/83 Commission v. Kingdom of Denmark [1985] ECR 427. See also e.g. Case 235/84 Commission v. Italian Republic [1986] ECR 2291. (3) OJ L 307, 13.12.1993. (2001/C 113 E/050) WRITTEN QUESTION E-1957/00 by Mario Mauro (PPE-DE), Johan Van Hecke (PPE-DE) and Antonio Tajani (PPE-DE) to the Council (19 June 2000) Subject: Human rights violations in northern Uganda Is the Council aware of what is happening in northern Uganda, where more than ten thousand 1. children have been abducted in recent years and more children are still being abducted on an almost daily basis, by rebels of the Lord(cid:146)s Resistance Army? Is the Council informed about the role of the Sudanese armed forces in training, arming and using 2. these children for military operations against the Ugandan army and the SPLA in South Sudan? 3. Is the Council informed that many of these children are dying of cholera in the camps in South Sudan, of mistreatment or of life-threatening conditions on the battlefield both in Uganda and South Sudan?
http://publications.europa.eu/resource/cellar/57e1c6a8-fe62-4825-b15e-4ec33e7aa76c
32000D0390
http://data.europa.eu/eli/dec/2000/390/oj
2000/390/EC: Commission Decision of 7 June 2000 recognising in principle the completeness of the dossier submitted for detailed examination in view of the possible inclusion of EXP60707B (acetamiprid) in Annex I to Council Directive 91/414/EEC concerning the placing of plant-protection products on the market (notified under document number C(2000) 1562)
2000-06-07
eng
[ "European Commission" ]
[]
[]
[]
[ "html", "pdf", "print" ]
[ "marketing", "pharmaceutical product", "plant health product" ]
[ "13", "2773", "2985" ]
L 145/36 EN Official Journal of the European Communities 20.6.2000 COMMISSION DECISION of 7 June 2000 recognising in principle the completeness of the dossier submitted for detailed examination in view of the possible inclusion of EXP60707B (acetamiprid) in Annex I to Council Directive 91/414/EEC concerning the placing of plant-protection products on the market (notified under document number C(2000) 1562) (2000/390/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 1999/ 80/EC (2), and in particular Article 6(3) thereof, Whereas: (1) (2) (3) (4) (5) (6) 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. Nisso Chemical Europe Gmbh submitted a dossier on the active substance EXP60707B (acetamiprid) to the Greek authorities on 22 October 1999. The said authorities informed the Commission of the results of an initial examination of the dossier to ensure that it provides all the information laid down in Annex least one plant-protection product II and, containing the active substance concerned, in Annex III to the Directive. Subsequently, in accordance with Article 6(2), the applicant submitted the dossier to the Commission and other Member States. for at The dossier for EXP60707B (acetamiprid) was referred to the Standing Committee on Plant Health on 22 February 2000. Article 6(3) of the Directive requires official confirma- tion at Community level that each dossier fulfils the requirements on information laid down in Annex II and, for at least one plant protection product containing the active substance concerned, in Annex III to the Directive. Such confirmation is necessary to permit a detailed examination of the dossier and to allow Member States to grant provisional authorisation for plant-protection products containing the active substance concerned while complying with the conditions laid down in Article 8(1) of the Directive and, in particular, the condi- tion relating to the detailed assessment of the active substance and the plant-protection product in the light of the requirements laid down by the Directive. (7) Such decision does not prejudice that further data or information may be requested from the applicant in order to clarify certain points in the dossier. The request by the rapporteur Member State for the submission of further data necessary to clarify the dossier shall not affect the time limit for the submission of the report referred to under recital 9. The Member States and the Commission agree that the Greece will carry out a detailed examination of dossier EXP60707B (acetamiprid). Greece will report the conclusions of its examination accompanied by any recommendations on the inclusion or non-inclusion and any conditions related thereto as soon as possible and at the latest within a period of one year from the date of publication of the Decision. (8) (9) (10) 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 dossier satisfies, in principle, the data and infor- mation 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: the dossier submitted by Nisso Chemical Europe Gmbh to the Commission and the Member States with a view to the inclusion of EXP60707B (acetamiprid) an active substance in Annex I to Directive 91/414/EEC and which was referred to the Standing Committee on Plant Health on 22 February 2000. as Article 2 This Decision is addressed to the Member States. Done at Brussels, 7 June 2000. For the Commission David BYRNE Member of the Commission (1) OJ L 230, 19.8.1991, p. 1. (2) OJ L 210, 10.8.1999, p. 13.
http://publications.europa.eu/resource/cellar/d102ebbc-dabf-421a-a10a-6c2bddf499d2
32000R1202
http://data.europa.eu/eli/reg/2000/1202/oj
Commission Regulation (EC) No 1202/2000 of 7 June 2000 on the issuing of system B export licences for fruit and vegetables
2000-06-07
eng
[ "European Commission" ]
[]
[]
[]
[ "pdf", "print" ]
[ "citrus fruit", "export licence", "export refund", "fruit vegetable", "nut", "pip fruit" ]
[ "693", "1642", "3568", "1605", "1116", "1118" ]
L 135/14 EN Official Journal of the European Communities 8.6.2000 COMMISSION REGULATION (EC) No 1202/2000 of 7 June 2000 on the issuing of system B export licences for 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 2190/96 of 14 November 1996 on detailed rules for implementing Council Regulation (EEC) No 2200/96 as regards export refunds on fruit and vegetables (1), as last amended by Regulation (EC) No 298/2000 (2), and in particular Article 5(6) thereof, Whereas: Commission Regulation (EC) No 470/2000 (3) fixed the indicative quantities laid down for the issue of export licences other than those requested in the context of food aid. In the light of the Commission, exceeded in the case of oranges, information now available to the quantities have been lemons and apples. indicative (1) (2) (3) refund for all products covered by licences applied for under system B from 17 March to 16 May 2000 should be the indicative rate, HAS ADOPTED THIS REGULATION: Article 1 The percentages for the issuing of system B export licences, as referred to in Article 5 of Regulation (EC) No 2190/96, and applied for between 17 March and 16 May 2000, by which the quantities applied for and the rates of refund applicable must be multiplied, shall be as fixed in the Annex hereto. The above subparagraph shall not apply to licences applied for in connection with food-aid operations as provided for in Article 10(4) of the Agreement on Agriculture concluded during the Uruguay Round of multilateral trade negotiations. Those overruns are without prejudice to compliance with the limits resulting from the agreements concluded in accordance with Article 300 of the Treaty. The rate of This Regulation shall enter into force on 8 June 2000. Article 2 This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 7 June 2000. For the Commission Franz FISCHLER Member of the Commission (1) OJ L 292, 15.11.1996, p. 12. (2) OJ L 34, 9.2.2000, p. 16. (3) OJ L 57, 2.3.2000, p. 12. 8.6.2000 EN Official Journal of the European Communities L 135/15 ANNEX Percentages for the issuing of licences and rates of refund applicable to system B licences applied for between 17 March and 16 May 2000 Product Destination or group of destinations Percentage for the issuing of licences Rate of refund (EUR/tonne net) Tomatoes Shelled almonds Shelled hazelnuts Oranges Lemons Apples A00 A00 A00 A00 A00 F07 100 % 100 % 100 % 100 % 100 % 100 % 20,0 50,0 114,0 50,0 45,0 40,0
http://publications.europa.eu/resource/cellar/f22a23d5-d7fc-4ebd-a810-555867fc8957
52000PC0349(01)
Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EEC) No 218/92 on administrative co-operation in the field of indirect taxation (VAT)
2000-06-07
eng
[ "European Commission" ]
[]
[]
[]
[ "html", "pdf", "print" ]
[ "VAT", "administrative cooperation", "computer network", "indirect tax", "new technology" ]
[ "4585", "206", "5862", "1316", "3636" ]
28.11.2000 EN Official Journal of the European Communities C 337 E/63 Proposal for a regulation of the European Parliament and of the Council amending Regulation (EEC) No 218/92 on administrative cooperation in the field of indirect taxation (VAT) (2000/C 337 E/06) COM(2000) 349 final (cid:16) 2000/0147(COD) (Submitted by the Commission on 7 July 2000) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, the administrative cooperation between national adminis- trations in the field of taxation. The present amendment serves the same objective, indirect Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of Committee, the Economic and Social Having regard to the opinion of the Committee of the Regions, Acting in accordance with the procedure laid down in Article 251 of the Treaty. to (6) Provisions concerning the Committee procedure should be amended Council Decision account 1999/468/EC (2) of 28 June 1999 laying down the procedures implementing power exercise of for conferred on the Commission. take the of (7) Regulation (EEC) No 218/92 should therefore be amended accordingly, HAVE ADOPTED THIS REGULATION: Article 1 Whereas: Regulation (EEC) No 218/92 is amended as follows: (1) In order to ensure the correct application of Article 9(2)(f) of Council Directive 77/388/EEC (1), the supplier must have verified, by a consistent set of data from an independent source, that his customer is a taxable person established in the Community. 1. In Article 2, the ninth indent is replaced by the following: shall mean any > ?intra-Community supply of supply of services covered by Article 9(2)(e) and (f) or by Article 28b (C), (D), (E) or (F) of Directive 77/388/EEC,A; services@ (2) Such a consistent set of data is available in Member States in the form of electronic data bases which contain a register of persons to whom value added tax identification numbers have been issued in that Member State. (3) It is necessary that the procedures for confirmation of the validity of the value added tax identification number of any specified person should include those involved in the supply of certain services by electronic means. (4) It is accordingly necessary to extend the common system for certain information on intra- Community transaction provided for in Article 6 of Regu- lation (EEC) No 218/92. exchange of the 2. In Article 4(1), the procedure laid down in Article 10A are replaced by the words >Under the procedure referred to in Article 10(2)A; the words >Under fourth sentence, 3. In Article 6, paragraph 4 is replaced by the following >4. The competent authority of each Member State shall ensure that persons involved in the intra-Community supply of goods or of services are allowed to obtain confirmation of the validity of the value added tax identification number of any specified person. Subject to conditions which they lay down, the Commission in accordance with the procedure referred to in Article 10(2) shall allow for such confirmation to be furnished by electronic means.A; (5) The purpose of Regulation (EEC) No 218/92 is not to ensure the harmonisation of proper functioning of the internal market by enhancing fiscal provisions, but 4. In the second subparagraph of Article 7(1), the words >In accordance with the procedure laid down in Article 10A are replaced by the words >In accordance with the procedure referred to in Article 10(2)A; (1) OL L 145, 13.6.1977, p. 1, as last amended by Council Directive 1999/85/EC. (2) OJ L 184, 17.7.1999, p. 23. C 337 E/64 EN Official Journal of the European Communities 28.11.2000 5. Article 10 is replaced by the following: >Article 10 The period provided for in Article 5(6) of Decision 3. 1999/468/EC shall be three months.A 1. The Commission shall be assisted by a Standing Committee on Administrative Cooperation in the field of Indirect ?the Committee@), composed of representative of the Member States and chaired by the representative of the Commission. (hereinafter Taxation referred to as Article 2 This regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Communities. 2. Where reference is made to this paragraph, the regu- latory procedure laid down in Article 5 of Decision 1999/468/EC shall apply, in compliance with Article 7(3) thereof. This regulation shall be binding in its entirety and directly applicable in all Member States.
http://publications.europa.eu/resource/cellar/2b0b37d6-faa4-4543-86fc-2fe2f6de8294
52000PC0278(02)
Proposal for a Council Regulation amending Regulation (EC) No 1251/1999 establishing a support system for producers of certain arable crops, in order to include rice
2000-06-07
eng
[ "European Commission" ]
[]
[]
[]
[ "html", "pdf", "print" ]
[ "common customs tariff", "common organisation of markets", "production aid", "production quota", "rice" ]
[ "4381", "2173", "797", "3633", "3732" ]
C 311 E/342 EN Official Journal of the European Communities 31.10.2000 Proposal for a Council Regulation amending Regulation (EC) No 1251/1999 establishing a support system for producers of certain arable crops, in order to include rice (2000/C 311 E/26) COM(2000) 278 final (cid:151) 2000/0152(CNS) (Submitted by the Commission on 13 June 2000) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Articles 36 and 37 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament, Having regard to the opinion of Committee, the Economic and Social Having regard to the opinion of the Committee of the Regions, Whereas: (1) The common agricultural policy aims to attain the objectives referred to in Article 33 of the Treaty, taking account of the market situation. (2) The European rice market is in serious unbalance; the volume of rice stored in public intervention is very large, equivalent to about one fifth of Community output, and increasing significantly each year. The imbalance is caused by increases in both domestic output and imports as well as by the in restrictions on exports with refunds accordance with the general agreement on agriculture. (3) If the price support system provided for in Council Regu- lation (EC) No 3072/95 of 22 December 1995 on the common organisation of the market in rice (1) were main- finding outlets for intervention tained, stocks of to increase rice would cause those stocks steadily, with a considerable impact on budget expenditure. the difficulty of (4) This problem must be solved by revising the common market organisation for rice, in such a way as to take control of output, improve the equilibrium and fluidity of the market and enhance the competitiveness of Community agriculture, while pursuing the other aims of Article 33 of the Treaty, including maintaining suitable income support for producers. This amendment is achieved by means of Regulation (EC) No . . ./2000. (1) OJ L 329, 30.12.1995, p. 18. (5) After careful consideration of all aspects of the situation, it appears that the most suitable solution is to integrate rice into the support arrangements for the producers of certain arable crops, governed by Council Regulation (EC) No 1251/1999 (2), (EC) No by 2704/1999 (3), and by Regulation (EC) No . . ./2000 to include fibre flax and hemp, while discontinuing the inter- vention price arrangements. Regulation amended (6) As rice has a different yield from other cereals, the Member States should be given the possibility of using a specific yield for rice. (7) In some Member States, the effect of including rice in the support scheme for certain arable crop producers is to change average yields; consequently, the data on average yields in the Regulation should be adapted. (8) In view of the discontinuation of intervention prices, the single base amount defined for all arable crops should be applied to rice from the first marketing year. (9) The measures required for the implementation hereof will be adopted under Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (4), HAS ADOPTED THIS REGULATION: Article 1 Regulation (EC) No 1251/1999 is amended as follows: 1. The second subparagraph of Article 3(3) is replaced by the following: (cid:145)The irrigated base area shall be equal to the average area irrigated from 1989 to 1991 with a view to harvesting to arable crops including the increases made pursuant Article 3(1), fourth subparagraph, last sentence of Regu- lation (EEC) No 1765/92. Areas to take into consideration for rice in the framework of this separate area shall be those provided for in Article 6(4) of Regulation (EC) No 3072/95. (2) OJ L 160, 26.6.1999, p. 1. (3) OJ L 327, 21.12.1999, p. 12. (4) OJ L 184, 17.7.1999, p. 23. 31.10.2000 EN Official Journal of the European Communities C 311 E/343 The irrigated base area in Portugal shall be progressively increased by 60 000 hectares, for those areas where it has been established that investment in irrigation began after 1 August 1992. This increase may be added partially or totally to the irrigated maize base area as referred to in Article 3(2).(cid:146) 2. In Article 3, the following paragraph 3a is added: (cid:145)3a In their regionalisation plans, Member States may apply a specific yield figure for rice, for each production region concerned. These specific yields shall be set at such a level that their weighted average amounts to 6,04 for Italy, 6,35 for Spain, 7,48 for Greece, 6,05 for Portugal and 5,86 for France. In this case, a base area as referred to in Article 2(2) must be established separately for rice.(cid:146) 6. The following words are added to the first subparagraph of Article 4(3): (cid:145)for rice: (cid:151) EUR 63,00/t onwards.(cid:146) from the 2001/02 marketing year 7. In Article 6(2) the following subparagraph is added: (cid:145)By 31 December 2003, the producer Member States shall send the Commission a report on the environmental situation of rice production with special reference to the development in traditional zones and the effect of any national measures taken to safeguard the environmental interest of rice-growing areas set aside.(cid:146) 3. In Article 3(6) the following subparagraph is added: 8. Article 9 is amended as follows: (cid:145)Any revision of the regionalisation plans to incorporate data concerning rice shall be presented by the Member States to the Commission at the latest on 1 August 2000.(cid:146) 4. The first subparagraph of Article 3(7) is replaced by the following: If the (cid:145)Should a Member State, pursuant to paragraph 1, choose to establish production regions the demarcation of which does not correspond to that of regional base areas, it shall send the Commission a summary statement of payment applications and the yields pertaining to these. it emerges from this information that, in a Member State, the average yield resulting from the regionalisation plan in the case of Austria, Finland and applied in 1993 or, average yield resulting from the plan Sweden, applied in 1995 or, in the case of Italy, Spain, Greece, Portugal and France, the yield fixed respectively at 4,00 tonnes per hectare, 2,95 tonnes per hectare, 3,48 tonnes per hectare, 3,00 tonnes per hectare and 6,02 tonnes per hectare, is exceeded, all payments to be made in that Member State for the following marketing year shall be reduced in proportion to the overrun which has been recorded. However, this provision shall not apply where the quantity for which applications were made, expressed in tonnes of cereals, does not exceed that resulting from the product of the total base areas of the Member State by the aforementioned average yield.(cid:146) 5. In Article 4, paragraph 2 is replaced by the following: (cid:145)2. The calculation mentioned in paragraph 1 shall be made using the average cereals yield for all arable crops. Where a Member State chooses to apply a specific yield as provided for in Article 3(3a), that yield shall be used for rice, and the average cereals yield shall be used for arable crops other than rice. (a) the introductory sentence is replaced by the following: (cid:145)Detailed rules for the application of this Chapter shall be adopted in accordance with the procedure laid down in Article 9a(2), and in particular:(cid:146) (b) in the first subparagraph, the following indent is inserted after the fifth indent: (cid:145)(cid:151) those relating to rice, and where applicable to the fixing of the specific base area taking account of the areas provided for in Article 6(4) of Regulation (EC) No 3072/95;(cid:146) (c) in the first indent of the second subparagraph, point (ii) is replaced by the following: (cid:145)(ii) certified seed in the case of durum wheat, rice and flax and hemp grown for fibre,(cid:146) 9. The following Article 9a is inserted: (cid:145)Article 9a The Commission shall be assisted by the Management 1. Committee for Cereals set up under Article 23 of Regu- lation (EEC) No 1766/92. 2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, in compliance with Article 8 thereof. The period referred to in Article 4(3) of Decision 3. 1999/468/EC shall be set at one month.(cid:146) Where maize is treated separately, the (cid:147)maize(cid:148) yield shall be used for maize, and the (cid:147)cereals other than maize(cid:148) yield shall be used for cereals, oilseeds, rice, linseed and flax and hemp grown for fibre.(cid:146) 10. In the last subparagraph of Article 10(3) and in Article 12, references to Article 23 of Regulation (EEC) No 1766/92 are replaced by references to Article 9a(2). C 311 E/344 EN Official Journal of the European Communities 31.10.2000 11. In Annex I, the following point VI is added: Article 2 CN code Description VI. RICE 1006 10 Rice This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Communities. It shall apply from the 2001/02 marketing year. This Regulation shall be binding in its entirety and directly applicable in all Member States.
http://publications.europa.eu/resource/cellar/e2bf9416-aae6-48c7-9360-bb1d7a20966d
92000E001708
WRITTEN QUESTION E-1708/00 by Michl Ebner (PPE-DE) to the Council. Continuing violation of Rule 44 of the European Parliament's Rules of Procedure by the Council.
2000-06-07
eng
[ "European Parliament", "Provisional data" ]
[]
[]
[]
[ "html", "pdf", "print" ]
[ "Council of the European Union", "European Parliament", "interinstitutional relations (EU)", "written question" ]
[ "114", "2243", "5854", "2874" ]
C 72 E/102 Official Journal of the European Communities EN 6.3.2001 (2001/C 72 E/124) WRITTEN QUESTION E-1694/00 by Jonas Sj(cid:246)stedt (GUE/NGL) to the Commission Subject: Aid to Sweden for information concerning EMU (29 May 2000) Can the Commission provide me with a list of those Swedish organisations which have received financial aid since 1998 to disseminate information on EMU, stating the amounts involved? Answer given by Mrs Reding on behalf of the Commission (20 July 2000) In 1998, a single subsidy in the sum of € 84 317 was allocated to the Stiptelser Sverige i Europa Foundation. In 1999, an agreement was signed with the Swedish government authorities for a sum of € 535 855, which financed the distribution of information to businesses; the distribution of information to the public, in particular via a government office dealing with (cid:145)questions and answers(cid:146) on the Euro; an Internet site and basic information instruments such as brochures, audio cassettes and information points in the various municipalities. In order to receive a list of the Swedish organisations which participated in this action, the Honourable Member should contact the Swedish government directly. A similar sum has been reserved for the year 2000 for renewal of the agreement once the conditions required for its signature have been fulfilled. (2001/C 72 E/125) WRITTEN QUESTION E-1708/00 by Michl Ebner (PPE-DE) to the Council (7 June 2000) Subject: Continuing violation of Rule 44 of the European Parliament(cid:146)s Rules of Procedure by the Council I wish to draw attention to Written Questions E-0811/00, E-0812/00 and E-0813/00, tabled by me on 2 March 2000 and registered on 20 March 2000, which have still not been answered by the Council, although the deadline in accordance with Parliament(cid:146)s Rules of Procedure expired on 3 May 2000. Is the Council aware that in failing to answer these questions in good time it continues to infringe Parliament(cid:146)s Rules of Procedure, and that I have, moreover, still received no answer to the (cid:145)reminder(cid:146) question tabled by me on 27 April 2000 for failure to answer questions P-0644/00, E-0645/00 and E-0646/00? How can the Council justify this recurrent negligence? Reply (26 September 2000) The Honourable Member is referred to the replies to Questions E-1299/00 and E-1300/00 put to the Council by Charles Tannock. (2001/C 72 E/126) WRITTEN QUESTION E-1709/00 by Diana Wallis (ELDR) to the Commission (29 May 2000) Subject: Distance marketing of financial services and electronic commerce: consistency of information requirement in Commission proposals The Commission(cid:146)s proposals for the above directives include provisions on the information to be provided by suppliers to consumers.
http://publications.europa.eu/resource/cellar/8d1c27df-44f2-459f-92c8-570b3a118b9e
52000PC0349(02)
Proposal for a Council Directive amending Directive 77/388/EEC as regards the value added tax arrangements applicable to certain services supplied by electronic mean
2000-06-07
eng
[ "European Commission" ]
[]
[]
[]
[ "html", "pdf", "print" ]
[ "VAT", "administrative cooperation", "computer network", "indirect tax", "new technology" ]
[ "4585", "206", "5862", "1316", "3636" ]
28.11.2000 EN Official Journal of the European Communities C 337 E/65 Proposal for a Council Directive amending Directive 77/388/EEC as regards the value added tax arrangements applicable to certain services supplied by electronic means (2000/C 337 E/07) COM(2000) 349 final (cid:16) 2000/0148(CNS) (Submitted by the Commission on 7 June 2000) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 93 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament, Having regard to the opinion of Committee, the Economic and Social Whereas: (1) The rules currently applicable to VAT on certain services supplied by electronic means under Article 9 of the Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes 5 Common system of value added tax: uniform basis of assessment (1) are inadequate for taxing such services consumed within the Community and for preventing distortions of competition in this area. (2) In the interests of the proper functioning of the internal market, such distortions should be eliminated and new harmonised rules introduced for this type of activity. in particular, Action should be taken to ensure, that such services where consideration and effected for consumed by customers established in the Community are taxed in the Community and are not taxed if consumed outside the Community. (3) To this end, certain services supplied by electronic means to persons established in the Community or to recipients established in third countries should, in principle, be taxed at the services. For the purpose of establishing a special rule for determining the place of supply it has to be defined when services are supplied 9by electronic means:. the recipient of the place of (4) To facilitate the compliance with their fiscal obligations, economic operators established outside the Community should be given the possibility to choose for a single VAT identification in the Community. (1) OL L 145, 13.6.1977, p. 1, as last amended by Council Directive 1999/85/EC. (5) Such VAT identification by a non-EU supplier in an EU Member State should be for the purposes of this directive only and does not constitute establishment within the meaning of the Articles 43 or 48 of the EC Treaty or of other Community directives and a non-EU supplier freedoms should not benefit enshrined in the EC Treaty or in Community directives merely by becoming identified for VAT. from the Internal Market (6) Subject to conditions which they lay down, Member States should allow statements and returns to be made by elec- tronic means. (7) By reason of administrative simplification supplies of services by electronic means within a threshold indicating a negligible economic activity in the Community should benefit from a special scheme for small undertakings and reviewed and changed if this necessary. threshold should be (8) The change of the place of supply involves adjustments in the area of Directive 77/388/EEC as to the modalities of the definition of the person liable to tax and its obli- gations. (9) It appears appropriate to ensure certainty on the rate of taxation to be applied to the services supplied by elec- tronic means, which will be in principle the normal VAT rate. (10) Directive 77/388/EEC should therefore be amended accordingly, HAS ADOPTED THIS DIRECTIVE: Article 1 Directive 77/388/EEC is amended as follows: 1. In Article 9(2), the following point (f) is added: first 9(f) the place of supply by electronic means of services indent as well as of mentioned in point (c) software, of data processing, of computer services including web-hosting, web-design or similar services shall be the place where the and of customer has established his business or has a fixed establishment to which the service is supplied or, in the absence of such a place, the place where he has his permanent address or usually resides, when these services are supplied by a taxable person information, C 337 E/66 EN Official Journal of the European Communities 28.11.2000 5 established in the Community to customers estab- lished outside the Community; or 5 established in the Community to taxable persons established in the Community but not in the same country as the supplier; or 5 established outside the Community to persons estab- lished in the Community. For such services however, when they are supplied by a taxable person identified in accordance with the provisions in force to non-taxable persons established in the Community, the place of supply shall be the place where the supplier has established his business or has a fixed establishment from which the service is supplied. For the purposes of point f, a taxable person established outside the Community shall be deemed to have a fixed establishment in the Member State of identification for services covered by this provision and supplied under that identification. For the purpose of this Article the term Csupply by elec- tronic meansD shall mean a transmission sent initially and received at its destination by means of equipment for the processing (including digital compression) and storage of data, and entirely transmitted, conveyed and received by wire, by radio, by optical means or by other electronic the means, meaning of Directive EEC/89/552 and radio broadcasting.: broadcasting within television including 2. In Article 12(3)(a), the following fourth sub-paragraph is added: 9With the exception of the reception of broadcasting services mentioned in Category 7 of Annex H, the third sub-paragraph shall not apply to the services referred to in Article 9(2)(f).: 3. In Article 24 the following point (2a) is added: 92(a) Member States from tax persons supplying services under Article 9(2)(f) third indent where these are their only supplies made in the Community and their annual turnover does not exceed EUR 100 000. shall exempt in Article 22 paragraph (1) point (c), that his customer is a taxable person established in the Community, Member States the supplier be shall provide that discharged from being liable for tax and that the tax is payable by the person to whom the service is supplied.: (b) Point (b) is replaced by the following: 9(b) taxable persons to whom services covered by Article 9(2)(e) and (f) first sub-paragraph second and third indent are supplied or persons who are identified for value added tax purposes within the territory of the country to whom services covered by Article 28b (C), (D), (E) and (F) are supplied, if the services are carried out by a taxable person established abroad; however, third sub-paragraph of point (a) Member States may require that the supplier of services shall be held jointly and severally liable for payment of the tax;: prejudice without the to 5. In Article 28h, Article 22(1) is amended as follows: (a) Point (a) is replaced by the following: 9(a) Every taxable person shall state when his activity as a taxable person commences, changes or ceases. Subject lay down, Member States shall allow such statements to be made by electronic means.: to conditions which they (b) In paragraph 1, the following is added: 9(f) A taxable person established outside the Community supplying services by electronic means as defined in Article 9(2)(f) third indent to non-taxable persons established in the Community in excess of the threshold provided for in Article 24(2a) shall be required to identify for VAT purposes in a Member State into which he supplies services. On the basis of a report from the Commission, the Council shall, no later than 31 December 2003, review this provision. The Council, acting unani- mously on a proposal from the Commission, may decide on whatever changes are necessary: threshold shall be calculated in accordance with This paragraph 4.: (c) In paragraph 4, point (a) is replaced by the following: 4. In Article 28g, Article 21(1) is amended as follows: (a) in point (a) the following sub-paragraph is added: 9Where a supplier of services under Article 9(2)(f) has acted with all possible diligence normally used in commercial practice of a given sector and has verified by a consistent set of data from an independent source, notably by means of the individual number referred to 9(a) Every taxable person shall submit a return by a deadline to be determined by Member States. That deadline may not be more than two months later than the end of each tax period. The tax period shall be fixed by each Member State at one month, two months or a quarter. Member States may, however, set different periods provided they do not exceed one year. Subject to conditions which they lay down, Member States shall allow such returns to be submitted by electronic means.: 28.11.2000 EN Official Journal of the European Communities C 337 E/67 (d) In paragraph 6, point (a) is replaced by the following: Directive by 1 January 2001. They Commission thereof. shall inform the including all 9(a) Member States may require a taxable person to submit a statement, the particulars specified in paragraph 4, concerning all transactions carried out in the preceding year. That statement shall provide all the information necessary for any adjustments. Subject to conditions which they lay down, Member States shall allow such statements to be made by electronic means.: 6. In Annex H, Category 7, the words 9Reception of broad- casting services.: are replaced by the following: 9Reception including television broadcasting of broadcasting services, within the meaning of Directive 89/552/EEC and radio broadcasting.:. When Member States adopt those provisions, they shall contain a reference to this Directive or shall be accompanied by such 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 provisions of domestic law which they adopt in the field covered by this Directive. Article 3 This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Communities. Article 2 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Article 4 This Directive is addressed to the Member States.
http://publications.europa.eu/resource/cellar/afb982c2-ecfe-4193-87c9-9d17fcde90ec
92000E001980
WRITTEN QUESTION P-1980/00 by Daniel Varela Suanzes-Carpegna (PPE-DE) to the Commission. European shipbuilding industry.
2000-06-07
eng
[ "European Parliament", "Provisional data" ]
[]
[]
[]
[ "html", "pdf", "print" ]
[ "South Korea", "intra-EU trade", "restriction on competition", "shipbuilding", "trade dispute" ]
[ "235", "619", "3581", "155", "6173" ]
20.2.2001 EN Official Journal of the European Communities C 53 E/197 that diplomatic representatives continue to enjoy even today within the common internal market. Thus the MEPs Atsrid Lulling (1991), Outi Ojala (1998), Philippe De Coene (1999) and Michl Ebner (1999/2000) have tabled parliamentary questions in this context, the MEPs Cushnahan, Banotti and Gillis (1996) a motion for a resolution. Given the unambiguous demands voiced by the European Parliament, how can the Commission justify its lack of action in this matter? Answer given by Mr Bolkestein on behalf of the Commission (19 July 2000) The Commission would refer the Honourable Member to its answer to his Written Question E-1996/99 (1). (1) OJ C 219 E, 1.8.2000, p. 63. (2001/C 53 E/256) WRITTEN QUESTION P-1980/00 by Daniel Varela Suanzes-Carpegna (PPE-DE) to the Commission Subject: European shipbuilding industry (7 June 2000) On the basis of a second report submitted by the Commission again highlighting the existence of a world crisis caused by the unfair competition practised by South Korea in the shipbuilding sector, the EU Council of Ministers of 18 May 2000 instructed the Commission to continue to monitor developments on the world market in the sector, particularly Korean practices, and to propose specific measures to protect European shipyards in the event that South Korea is still practising unfair competition in September. Furthermore, Commissioner Lamy has stated in reply to my Written Question P-0729/00 (1) that, if necessary, (cid:145)the Commission would be prepared to initiate an investigation. This could end up before the WTO Dispute Settlement Body(cid:133)(cid:146). Can the Commission say what specific action it has taken to monitor the situation with regard to South Korea and what results this has produced to date? Specifically, what action has been taken to monitor the undertaking given by South Korea not to intervene to rescue bankrupt shipyards and to implement transparency rules and international accounting standards ensuring that ships are priced so as to cover all costs? Can the Commission provide more detailed information on this undertaking and the extent to which it has been complied with up to now? What measures will in September? the Commission adopt if South Korea is still practising unfair competition What specific conditions must be met for the Commission to lodge a complaint against South Korea before the WTO Dispute Settlement Body in September? Are these conditions already met? (1) OJ C 330 E, 21.11.2000, p. 210. C 53 E/198 Official Journal of the European Communities EN 20.2.2001 Answer given by Mr Lamy on behalf of the Commission (29 June 2000) The bilateral dialogue begun in December 1999 culminated in an international agreement in the form of (cid:145)Agreed Minutes between the European Community and the Government of the Republic of Korea relating to the world shipbuilding market(cid:146). This document, initialled on 10 April 2000, was adopted by the Council on 19 June 2000 and signed by the two parties on 22 June 2000. In its conclusions of 18 May 2000, the Council (Industry) called on the Commission to begin immediate consultations with Korea under the Agreed Minutes. This request will officially be put to Korea as soon as the agreement enters into force, i.e. on the day of its signature. Korea has, in principle, agreed to hold such negotiations on 18 and 19 July 2000 in Seoul. The Commission delegation to be sent to Seoul will be accompanied by a team of Commission experts covering various aspects of the matters to be discussed. These consultations should cover verification of compliance with the undertakings given by the Koreans with regard to transparency, non-subsidisation and commercially viable pricing practices. Under the agreement, progress will be reviewed in September 2000 at a second meeting in Brussels. In accordance with the Council conclusions of 18 May 2000, the Commission must report to the Council by the end of September 2000 to evaluate the results of the consultations and the solutions found to resolve the problems of the Community industry in the face of competition from Korean shipyards. At all events, the Commission will continue to monitor closely the shipbuilding market and the competitive behaviour of Korean shipyards. It will report to the Council on the results of its investigations when the time comes. (2001/C 53 E/257) WRITTEN QUESTION E-1991/00 by Karin Riis-Jłrgensen (ELDR) to the Commission (21 June 2000) Subject: Vitamin production In 1999, the Danish association Landforeningen Den Lokale Andel learned that restrictive practices had been operating in the vitamin industry and that heavy fines had been imposed in the USA in that connection. The association subsequently referred a matter to the Commission on 19 August 1999. Having received no reply, the association contacted GD IV in November 1999 and was informed that a decision was being drawn up and would be available shortly. No formal notification of the suspected offence was therefore filed. Is the Commission in the process of investigating this matter? What stage has the Commission reached in considering the matter? When can a decision be expected? Answer given by Mr Monti on behalf of the Commission (18 July 2000) The Commission can confirm that it is in the process of investigating alleged anti-competitive practices in the European vitamins market. Given that this is a pending cartel case, no further comments on the merits or likely outcome of the procedure can be made at present. The procedure is however at a very advanced stage.
http://publications.europa.eu/resource/cellar/8b53598c-7032-45e5-b77d-7e78490dee47
32000R1206
http://data.europa.eu/eli/reg/2000/1206/oj
Commission Regulation (EC) No 1206/2000 of 7 June 2000 temporarily suspending the issuing of export licences for certain milk products and determining what proportion of the amounts covered by pending applications for export licences may be allocated
2000-06-07
eng
[ "European Commission" ]
[]
[]
[]
[ "pdf", "print" ]
[ "export licence", "export refund", "milk", "milk product" ]
[ "1642", "3568", "1565", "2763" ]
8.6.2000 EN Official Journal of the European Communities L 135/23 COMMISSION REGULATION (EC) No 1206/2000 of 7 June 2000 temporarily suspending the issuing of export licences for certain milk products and determining what proportion of the amounts covered by pending applications for export licences may be allocated THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1), as amended by Regulation (EC) No 1040/2000 (2), Having regard to Commission Regulation (EC) No 174/1999 of 26 January 1999 laying down special detailed rules for the application of Council Regulation (EEC) No 804/68 as regards export licences and export refunds in the case of milk and milk products (3), as amended by Regulation (EC) No 1596/1999 (4), and in particular Article 10(3) thereof, Whereas: The issue of the licences requested for certain products would result in an overrun of the maximum quantities which can be exported with refunds during the 12 months' period in ques- tion. The issue of export licences for the products concerned should be temporarily suspended and licences only issued for certain of those products for which applications are pending, HAS ADOPTED THIS REGULATION: Article 1 1. The issue of export licences for milk products referred to in the Annex is hereby suspended for the period 8 to 14 June 2000 inclusive, excluding licences for destination ‘970’. 2. No export licences shall be issued for milk products for which applications submitted from 3 to 7 June 2000 inclusive are still pending, excluding applications for licences for destina- tion ‘970’. 3. Export licences shall be issued for milk products referred to as annexed for applications submitted on 2 June 2000. This Regulation shall enter into force on 8 June 2000. Article 2 This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 7 June 2000. For the Commission Franz FISCHLER Member of the Commission (1) OJ L 160, 26.6.1999, p. 48. (2) OJ L 118, 19.5.2000, p. 1. (3) OJ L 20, 27.1.1999, p. 8. (4) OJ L 188, 21.7.1999, p. 39. L 135/24 EN Official Journal of the European Communities 8.6.2000 ANNEX Product code Product code Product code Product code 0401 10 10 9000 0401 10 90 9000 0401 20 11 9100 0401 20 11 9500 0401 20 19 9100 0401 20 19 9500 0401 20 91 9100 0401 20 91 9500 0401 20 99 9100 0401 20 99 9500 0401 30 11 9100 0401 30 11 9400 0401 30 11 9700 0401 30 19 9100 0401 30 19 9400 0401 30 19 9700 0401 30 31 9100 0401 30 31 9400 0401 30 31 9700 0401 30 39 9100 0401 30 39 9400 0401 30 39 9700 0401 30 91 9100 0401 30 91 9400 0401 30 91 9700 0401 30 99 9100 0401 30 99 9400 0401 30 99 9700 0402 21 11 9200 0402 21 11 9300 0402 21 11 9500 0402 21 11 9900 0402 21 17 9000 0402 21 19 9300 0402 21 19 9500 0402 21 19 9900 0402 21 91 9100 0402 21 91 9200 0402 21 91 9300 0402 21 91 9400 0402 21 91 9500 0402 21 91 9600 0402 21 91 9700 0402 21 91 9900 0402 21 99 9100 0402 21 99 9200 0402 21 99 9300 0402 21 99 9400 0402 21 99 9500 0402 21 99 9600 0402 21 99 9700 0402 21 99 9900 0402 29 15 9200 0402 29 15 9300 0402 29 15 9500 0402 29 15 9900 0402 29 19 9200 0402 29 19 9300 0402 29 19 9500 0402 29 19 9900 0402 29 91 9100 0402 29 91 9500 0402 29 99 9100 0402 29 99 9500 0402 91 11 9110 0402 91 11 9120 0402 91 11 9310 0402 91 11 9350 0402 91 11 9370 0402 91 19 9110 0402 91 19 9120 0402 91 19 9310 0402 91 19 9350 0402 91 19 9370 0402 91 31 9100 0402 91 31 9300 0402 91 39 9100 0402 91 39 9300 0402 91 51 9000 0402 91 59 9000 0402 91 91 9000 0402 91 99 9000 0402 99 11 9110 0402 99 11 9130 0402 99 11 9150 0402 99 11 9310 0402 99 11 9330 0402 99 11 9350 0402 99 19 9110 0402 99 19 9130 0402 99 19 9150 0402 99 19 9310 0402 99 19 9330 0402 99 19 9350 0402 99 31 9110 0402 99 31 9150 0402 99 31 9300 0402 99 31 9500 0402 99 39 9110 0402 99 39 9150 0402 99 39 9300 0402 99 39 9500 0402 99 91 9000 0402 99 99 9000 0403 10 11 9400 0403 10 11 9800 0403 10 13 9800 0403 10 19 9800 0403 10 31 9400 0403 10 31 9800 0403 10 33 9800 0403 10 39 9800 0403 90 11 9000 0403 90 13 9200 0403 90 13 9300 0403 90 13 9500 0403 90 13 9900 0403 90 19 9000 0403 90 31 9000 0403 90 33 9200 0403 90 33 9300 0403 90 33 9500 0403 90 33 9900 0403 90 39 9000 0403 90 51 9100 0403 90 51 9300 0403 90 53 9000 0403 90 59 9110 0403 90 59 9140 0403 90 59 9170 0403 90 59 9310 0403 90 59 9340 0403 90 59 9370 0403 90 59 9510 0403 90 59 9540 0403 90 59 9570 0403 90 61 9100 0403 90 61 9300 0403 90 63 9000 0403 90 69 9000 0404 90 21 9100 0404 90 21 9910 0404 90 21 9950 0404 90 23 9120 0404 90 23 9130 0404 90 23 9140 0404 90 23 9150 0404 90 23 9911 0404 90 23 9913 0404 90 23 9915 0404 90 23 9917 0404 90 23 9919 0404 90 23 9931 0404 90 23 9933 0404 90 23 9935 0404 90 23 9937 0404 90 23 9939 0404 90 29 9110 0404 90 29 9115 0404 90 29 9120 0404 90 29 9130 0404 90 29 9135 0404 90 29 9150 0404 90 29 9160 0404 90 29 9180 0404 90 81 9100 0404 90 81 9910 0404 90 81 9950 0404 90 83 9110 0404 90 83 9130 0404 90 83 9150 0404 90 83 9170 0404 90 83 9911 0404 90 83 9913 0404 90 83 9915 0404 90 83 9917 0404 90 83 9919 0404 90 83 9931 0404 90 83 9933 0404 90 83 9935 0404 90 83 9937 0404 90 89 9130 0404 90 89 9150 0404 90 89 9930 0404 90 89 9950 0404 90 89 9990 2309 10 70 9100 2309 10 70 9200 2309 10 70 9300 2309 10 70 9500 2309 10 70 9600 2309 10 70 9700 2309 10 70 9800 2309 90 70 9100 2309 90 70 9200 2309 90 70 9300 2309 90 70 9500 2309 90 70 9600 2309 90 70 9700 2309 90 70 9800
http://publications.europa.eu/resource/cellar/1996ed34-bf0b-4e69-b490-894915eef4ad
52000PC0278(01)
Proposal for a Council Regulation on the common organisation of the market in rice
2000-06-07
eng
[ "European Commission" ]
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[ "html", "pdf", "print" ]
[ "common customs tariff", "common organisation of markets", "production aid", "production quota", "rice" ]
[ "4381", "2173", "797", "3633", "3732" ]
C 311 E/330 EN Official Journal of the European Communities 31.10.2000 Proposal for a Council Regulation on the common organisation of the market in rice (2000/C 311 E/25) COM(2000) 278 final (cid:151) 2000/0151(CNS) (Submitted by the Commission on 13 June 2000) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Articles 36 and 37 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament, Having regard to the opinion of Committee, the Economic and Social Whereas: (1) The operation and development of the common market for agricultural products must be accompanied by the establishment of common agricultural policy to in particular, a common organisation of agri- include, cultural markets which may forms depending on the product. various take a (2) The European rice market is in serious unbalance; the volume of rice stored in public intervention is very to about one fifth of Community large, equivalent and increasing significantly each year. The output, imbalance is caused by increases in both domestic output and imports and by the restrictions on exports with refunds in accordance with the Agriculture Agreement. (3) This problem must be solved by revising the common in such a way as to take market organisation for rice, improve the equilibrium and fluidity control of output, of the market and enhance the competitiveness of Community agriculture, while pursuing the other aims of Article 33 of including maintaining suitable income support for producers. the Treaty, (4) After careful consideration of all aspects of the situation, it appears that the most suitable solution is to integrate rice into the scheme to support the incomes of producers of certain arable crops, governed by Council Regulation (EC) No 1251/1999 (1), amended by Regulation (EC) No 2704/1999 (2), while discontinuing the intervention price arrangements. This integration is achieved by means of Regulation (EC) No . . ./2000 (3). (5) The application to imports of the Common Customs fluidity, will Tariff, combined with increased market restore equilibrium in the sector and enhance the competitiveness of Community production. The income support system will compensate producers for the discon- tinuation of the intervention arrangements. (6) However, provision should be made for private storage aid, and for measures to be taken when distortion or risk of distortion on the Community market the endangers the prospect of achieving the aims of Article 33 of the Treaty. (7) There should be a production refund for rice starch and derived products by analogy with the refund laid down for the products referred to in Article 7 of Council Regu- lation (EEC) No 1766/92 of 30 June 1992 on the common organisation of last amended by Regulation (EC) No 1253/1999 (5), with which they compete. the market in cereals (4), (8) The creation of a single Community market for rice involves the introduction of a trading system at the external frontiers of the Community. A trading system in including import duties and export refunds should, principle, stabilise the Community market. The trading system should be based on the undertakings accepted under the Uruguay Round of multilateral negotiations. (9) In order able to be constantly to monitor trade movements, provision should be made for an import and export licence scheme with the lodging of a security to ensure that the transactions for which such licences are requested are effected. (10) In order to prevent or eliminate adverse effects on the Community market which could result from imports of certain products, imports of one or more such products may be subject to payment of an additional import duty, if certain conditions are fulfilled. (11) It is appropriate to confer on the Commission the power to open and administer tariff quotas resulting from inter- national agreements concluded in accordance with the Treaty or from other acts of the Council. (1) OJ L 160, 26.6.1999, p. 1. (2) OJ L 327, 21.12.1999, p. 12. (3) See p. . . . of this Official Journal. (4) OJ L 181, 1.7.1992, p. 21. (5) OJ L 160, 26.6.1999, p. 18. 31.10.2000 EN Official Journal of the European Communities C 311 E/331 (12) Provisions for granting a refund on exports to third countries, based on the difference between prices within the Community and on the world market, and falling within the limits set by the WTO Agreement on agri- culture, should serve to safeguard Community partici- pation in international trade in rice. These refunds should be subject to limits in terms of quantity and value. can be (13) Compliance with the limits in terms of value should be ensured at the time when refunds are fixed through the monitoring of payments under the rules relating to the European Agricultural Guidance and Guarantee Fund. compulsory Monitoring advance fixing of refunds, while allowing the possibility, in the case of differentiated refunds, of changing the specified destination within a geographical to which a single refund rate applies. In the case of a the refund applicable to the change of destination, actual destination should be paid, with a ceiling of the amount applicable to the destination fixed in advance. facilitated by area the (14) Ensuring compliance with the quantity limits calls for the introduction of a reliable and effective system of moni- toring. To that end, the granting of refunds should be made subject to an export licence. Refunds should be granted up to the limits available, depending on the particular situation of each product concerned. Exceptions to that rule can only be permitted in the case of processed products not listed in Annex I to the Treaty, to which value ceilings do not apply, and in the case of food-aid operations which are from any limitation. exempt Provision should be made for derogations from strict compliance with management rules where exports bene- fiting from refunds are not likely to exceed the quantity ceilings laid down. (15) In addition to the system described above, and to the its proper working, provision extent necessary for should be made for regulating or, when the situation on the market so requires, prohibiting the use of inward and outward processing arrangements. (16) The customs duty system makes it possible to dispense with all other protective measures at the external frontiers of the Community. However, the internal market and duty in exceptional circumstances, prove mechanism could, defective. the Community market without defence against disturbances that might ensue, the Community should be able to take all necessary measures without delay. All such measures must comply with the obligations arising from the World Trade Organisation agreements. In such cases, so as not to leave (18) As the common market in rice develops, the Member States and the Commission must keep each other supplied with the information necessary for applying this Regulation. (19) To facilitate implementation of this Regulation, provision should be made for a procedure instituting close coop- eration between the Member States and the Commission. The measures required for the implementation hereof will be adopted under Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (1). (20) Expenditure incurred by the Member States as a result of the obligations arising out of the application of this Regu- lation should be in financed by accordance with Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing of the common agri- cultural policy (2). the Community (21) The common organisation of the market in the rice sector must the take proper and simultaneous account of objectives set out in Articles 33 and 131 of the Treaty. times. By reason of (22) The common organisation of the market in rice laid down by Council Regulation (EC) No 3072/95 (3), as last amended by Regulation (EC) No 2072/98 (4), has been amended a number of their number, their complexity and their dispersal among several Official Journals, these texts are difficult to use and lack the clarity that should be an essential feature of all legislation. Under these circumstances, they should be consolidated in a new Regulation and the aforemen- tioned Regulation (EEC) No 3072/95 should be repealed. Similarly, the inter- vention price arrangements, Council Regulation (EC) No 3073/95 of 22 December 1995 determining the standard quality of rice (5) which laid down rules for fixing the intervention price, should be repealed. the discontinuation of in view of (23) The change from the arrangements in Regulation (EC) No 3072/95 to those in this Regulation could raise problems that are not foreseen here. In order to deal with that eventuality, provision should be made for the Commission to adopt the necessary transitional measures. In order to it is also ensure the correct operation of the scheme, appropriate to authorise the Commission to resolve indi- vidual and specific problems on a temporary and excep- tional basis. (17) The achievement of a single market would be jeopardised by the grant of certain types of aid. The Treaty provisions governing the appraisal of aid granted by Member States and the prohibition of aid incompatible with the common market should be applied to the rice sector. (1) OJ L 184, 17.7.1999, p. 23. (2) OJ L 160, 26.6.1999, p. 103. (3) OJ L 329, 30.12.1995, p. 18. (4) OJ L 265, 30.9.1998, p. 4. (5) OJ L 329, 30.12.1995, p. 33. C 311 E/332 EN Official Journal of the European Communities 31.10.2000 (24) Provision should be made for the application of the new common market organisation from 1 July 2001, The Commission, 2. procedure laid down in Article 19(2): acting in accordance with the HAS ADOPTED THIS REGULATION: (a) shall determine the products for which the refund is Article 1 1. The common organisation of the market in rice shall comprise a scheme for an internal market and trade with third countries, and cover the following products: CN-Code Description (a) 1006 10 21 to 1006 10 98 1006 20 1006 30 (b) 1006 40 00 (c) 1102 30 00 1103 14 00 1103 29 50 1104 19 91 1108 19 10 Rice in the husk (paddy or rough) Husked rice (cargo rice or brown rice) Semi-milled or wholly milled rice, including polished or glazed rice Broken rice Rice meal Rice groats and meal Pellets of rice Rolled or flaked grains of rice Rice starch For the purposes of this Regulation, the terms (cid:145)paddy (cid:145)wholly milled rice(cid:146), (cid:145)husked rice(cid:146), (cid:145)long grain rice(cid:146) and 2. rice(cid:146), (cid:145)round grain rice(cid:146), (cid:145)broken rice(cid:146) are defined in part I of Annex A. (cid:145)semi-milled rice(cid:146), (cid:145)medium grain rice(cid:146), granted; (b) shall fix the amount of the refund; (c) shall adopt detailed rules for the application of this Article. Article 4 A subsidy may be fixed for consignments to the French 1. overseas department of RØunion, intended for consumption there, of products falling within CN code 1006 (excluding code 1006 10 10) which come from the Member States and are in one of the situations referred to in Article 23(2) of the Treaty. the RØunion market, on the basis of That subsidy shall be fixed, taking into account the supply requirements of the difference between the quotations or prices of the relevant products on the world market and the quotations or prices of those products on the Community market, and, if necessary, the price of those products delivered to RØunion. 2. The amount of the subsidy shall be fixed periodically. However, where the need arises, the Commission may, in the interval, at the request of a Member State or on its own initiative, alter the amount. Part II of Annex A provides definitions of grains and broken grains which are not of unimpaired quality. The amount of procedure. the subsidy may be fixed by a tendering The Commission, acting in accordance with the procedure laid down in Article 19(2): (cid:151) shall fix the conversion rates for rice at various states of value of the processing and the costs processing, by-products, The Commission shall adopt detailed rules 3. the application of this Article in accordance with the procedure laid down in Article 19(2). for The amount of the subsidy shall be fixed according to the same procedure. (cid:151) may change the definitions referred to in paragraph 2. Article 5 Article 2 This Regulation shall apply without prejudice to the measures provided for by Regulation (EC) No 1251/1999 on support for certain arable crop producers. TITLE I INTERNAL MARKET Article 3 A production refund may be granted for starch and 1. certain derived products, obtained from rice and broken rice, used in the manufacture of certain products. The refund shall be fixed periodically. When a substantial rise or fall in prices is recorded on the Community market and this situation is likely to continue, thereby disturbing or threatening to disturb the market, the necessary measures may be taken in accordance with the procedure laid down in Article 19(2). these measures may consist in private storage aid. In particular, Article 6 arrangements the producer Member States shall provide the Each year, Commission, under to be determined in accordance with the procedure laid down in Article 19(2), with detailed information, broken down by variety, on the areas given over to rice, on output, on yields and on stocks held by producers and processors. Such information must be based on a system providing for compulsory declarations by producers and processors set up, administered and monitored by the Member State. 31.10.2000 EN Official Journal of the European Communities C 311 E/333 TITLE II TRADE WITH THIRD COUNTRIES Article 7 Imports into the Community, or exports therefrom, of the products listed in Article 1 shall be subject to 1. any of presentation of a licence. Licences shall be issued by the Member States to any applicant, irrespective of his place of establishment in the Community and without prejudice to measures taken for the application of Article 10. shall be issued subject licences shall be valid throughout the Import and export to the Community. Such licences the products are lodging of a security guaranteeing that imported or exported during the term of validity of the licence; except in cases of force majeure, the security shall be forfeit in whole or in part if import or export is not carried out, or is carried out only partially, within that period. 2. Detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 19(2). S e c t i o n I Provisions applicable to imports Article 8 Unless this Regulation provides otherwise, the rates of shall apply to the 1. duty in the Common Customs Tariff products listed in Article 1. 2. Notwithstanding paragraph 1, rates of duty on imports of the following products into the French overseas department of RØunion, intended for consumption there, shall be as follows: (a) no customs duty shall be levied on products falling within CN code 1006 10 and CN codes 1006 20 and 1006 40 00; (b) the duty to be charged on imports of products falling within CN code 1006 30 shall be multiplied by a coefficient of 0,30. 3. The Commission shall adopt any detailed rules required for implementing this Article in accordance with the procedure laid down in Article 19(2), and in particular shall include the possibility, cases, of enabling operators to know the charge which will be applied prior to dispatch of the consignments concerned. if appropriate, in specific be subject to the payment of an additional import duty if the conditions set out in Article 5 of the Agreement on Agriculture concluded in accordance with Article 300 of the Treaty in the trade framework of are negotiations have been fulfilled unless unlikely to disturb the Community market, or where the effects would be disproportionate to the intended objective. the Uruguay Round of multilateral imports the The trigger prices below which an additional duty may be 2. imposed shall be those forwarded by the Community to the World Trade Organisation. The trigger volumes above which an additional import duty may be imposed shall be determined in particular on the basis of imports into the Community in the three years preceding the year in which the adverse effects referred to in paragraph 1 arise or are likely to arise. The import prices to be taken into consideration for 3. imposing an additional import duty shall be determined on the basis of the cif import prices of the consignment under consideration. Cif import prices shall be checked to that end against the representative prices for the product on the world market or on the Community import market for that product. The Commission shall adopt detailed rules 4. the application of this Article in accordance with the procedure laid down in Article 19(2). Such detailed rules shall specify in particular: for (a) the products to which additional import duties may be applied under the terms of Article 5 of the Agreement on Agriculture; (b) the other criteria necessary for application of paragraph 1 in accordance with Article 5 of the said Agreement on Agriculture. Article 10 1. Tariff quotas for imports of the products listed in Article 1 resulting from agreements concluded in accordance with Article 300 of the Council shall be opened and administered by the Commission in accordance with detailed rules adopted in accordance with the procedure laid down in Article 19(2). the Treaty or from any other act of Quotas may be administered using one of the following 2. methods or a combination thereof: Article 9 (cid:151) a method based on the chronological order in which applications are lodged (on a (cid:145)first come, first served(cid:146) basis), 1. In order to counteract or sanction adverse effects on the market in the Community which may result from imports of certain products listed in Article 1, imports of one or more of such products at the rate of duty laid down in Article 8 shall (cid:151) a method of distribution in proportion to the quantities requested when the applications were lodged (using the (cid:145)simultaneous examination(cid:146) method), C 311 E/334 EN Official Journal of the European Communities 31.10.2000 (cid:151) a method taking traditional trade patterns into account (using the (cid:145)traditional importers/new arrivals(cid:146) method). Other methods may be used. Any method used shall between the operators involved. avoid unjustified discrimination 3. Where necessary, the method of administration shall take account of the supply needs of the Community market, and of the need to preserve its equilibrium, without prejudice to rights arising under the agreements concluded as part of the Uruguay Round. 4. The detailed rules shall provide for annual tariff quotas, suitably phased over the year, and shall, if necessary, determine the administrative method to be used and, where appropriate, shall include: efficient possible use of the resources available, account being taken of the efficiency and structure of Community exports without, however, creating discrimination between large and small operators; (b) is least cumbersome administratively for operators, account being taken of administration requirements; (c) precludes discrimination between the operators concerned. 3. Refunds shall be the same for the whole Community. They may vary according to destination, where the world market the specific requirements of certain situation or markets make this necessary. Refunds shall be fixed by the Commission in accordance with the procedure laid down in Article 19(2). Refunds may be fixed: (a) guarantees covering the nature, provenance and origin of the product, and (a) at regular intervals; (b) recognition of the document used for verifying the guar- antees referred to in (a), (b) by invitation to tender procedure is appropriate. for products for which that and (c) the conditions under which import licences are issued and their term of validity. S e c t i o n I I Provisions applicable to exports Article 11 1. To the extent necessary to enable the products listed in Article 1 to be exported without further processing or in the form of goods listed in Annex B on the basis of quotations or prices for those products on the world market and within the limits resulting from agreements concluded in accordance with Article 300 of the difference between those quotations or prices and prices in the Community may be covered by export refunds. the Treaty, Export refunds on the products listed in Article 1 in the form of goods listed in Annex B may not be higher than those further applicable processing. to such products exported without 2. the The method to be adopted for the allocation of quantities which may be exported with a refund shall be the method which: fixed at Refunds if necessary, be amended in the interval by the Commission at the request of a Member State or on its own initiative. intervals, may, regular Refunds fixed at regular intervals shall be fixed at least once a month. The following shall be taken into account when refunds 4. are being fixed: (a) the existing situation and future trends with regard to: (cid:151) prices and availability of rice and broken rice on the Community market, (cid:151) prices of rice and broken rice on the world market; (b) the aims of the common organisation of the market in rice, which are to ensure equilibrium and the natural devel- opment of prices and trade on this market; (c) limits resulting from agreements concluded in accordance with Article 300 of the Treaty; (d) the importance of avoiding disturbances on the Community market; (a) is most suited to the nature of the product and the situation on the market in question, allowing the most (e) the economic aspects of the proposed exports. 31.10.2000 EN Official Journal of the European Communities C 311 E/335 Refunds for products listed in Article 1(1)(a) and (b) shall 5. be fixed in accordance with the following specific criteria: operations, Article 19(2). in accordance with the procedure laid down in (cid:151) prices ruling on the representative Community markets, (cid:151) prices obtaining for exports, (cid:151) marketing costs and the most favourable transport charges from the Community markets referred to in the first indent to ports or other points of export in the Community serving these markets, as well as costs incurred in placing the goods on the world market. 5. Export refunds on the products listed in Article 1 in the form of goods listed in Annex B may be adjusted as a function of prices on the Community market, to be established in accordance with the procedure laid down in Article 19(2). The Commission may, where necessary, alter the corrective amounts. The refund on the products referred to in Article 1(a) and 6. (b) shall be paid upon proof that: When prices in international trade listed in paragraph 1 are being determined account shall be taken of: (cid:151) the products were wholly obtained in the Community within the meaning of Article 23 of Regulation (EEC) No 2913/92, except where paragraph 6 applies, (cid:151) the prices on third-country markets, (cid:151) the products have been exported from the Community, (cid:151) the most favourable prices in third countries of destination for third-country imports, and (cid:151) free-at-Community-frontier offer prices. Article 12 1. Refunds on products exported without further processing shall only be granted on application and on presentation of an export licence. 2. The refund applicable to products exported without further processing shall be that applicable on the day of application for the licence and, in the case of a differentiated refund, that applicable on the same day: (a) for the destination indicated on the licence or (b) for the actual destination if it differs from the destination indicated on the licence. In that case the amount applicable may not exceed the amount applicable to the destination indicated on the licence. Appropriate measures may be taken to prevent abuse of the flexibility provided for in this paragraph. The scope of paragraphs 1 and 2 may be extended to 3. apply to products exported in the form of goods listed in Annex B in accordance with the procedure laid down in Article 16 of Council Regulation (EC) No 3448/93 (1). 4. products Paragraphs 1 and 2 may be waived in the case of food-aid on which refunds are paid under (1) OJ L 318, 20.12.1993, p. 18. (cid:151) in the case of a differentiated refund, have reached the destination indicated on the licence or another destination for which a refund was fixed, without prejudice to point (b) of paragraph 2. However, exceptions may be made to this rule in accordance with the procedure laid down in Article 19(2), provided that conditions are laid down which offer equivalent guarantees. Additional provisions may be adopted in accordance with the same procedure. 7. No export refund shall be granted on rice imported from third countries and re-exported to third countries, unless the exporter proves that: (cid:151) the product to be exported and the product previously imported are one and the same, and (cid:151) the levy was collected when the goods were released for free circulation. In such cases the refund on each product shall be equal to the duties collected on importation where the latter are lower than the collected on importation are higher than that refund, the latter shall apply. applicable; where refund duties the Observance of 8. the volume limits resulting from the agreements concluded in accordance with Article 300 of the Treaty shall be ensured on the basis of the export licences issued for the reference periods provided for which apply to the products concerned. With regard to compliance with the obligations arising under the Agreement on Agriculture, the ending of a reference period shall not affect the validity of export licences. C 311 E/336 EN Official Journal of the European Communities 31.10.2000 Article 13 Detailed rules for the application of Articles 11 and 12, 1. including provisions on the exportable quantities which have not been allocated or utilised, shall be adopted by the Commission in accordance with the procedure laid down in Article 19(2). These detailed rules may include provisions governing the quality of the products eligible for an export refund. redistribution of application of this Regulation, including the definitions listed in part I of Annex A, shall be incorporated in the Common Customs Tariff. 2. Save as otherwise provided for in this Regulation or in provisions adopted pursuant thereto, the following shall be prohibited in trade with third countries: Annex B shall be amended in accordance with the same procedure. customs duty, (cid:151) the levying of any charge having equivalent effect to a 2. to Detailed rules for the application of Article 11(1) products exported in the form of goods referred to in Annex B shall be adopted in accordance with the procedure laid down in Article 16 of Regulation (EC) No 3448/93. (cid:151) the application of any quantitative restriction or measure having equivalent effect. Article 16 S e c t i o n I I I Common provisions Article 14 To the extent necessary for the proper working of the 1. common organisation of the market in rice, the Council, acting by a qualified majority, on a proposal from the Commission, may, in special cases, prohibit in whole or in part the use of inward or outward processing arrangements in respect of products listed in Article 1. the Commission shall, at 2. However, by way of derogation from paragraph 1, if the situation referred to in paragraph 1 arises with exceptional urgency and the Community market is disturbed or is liable inward or outward processing to be disturbed by the arrangements, the request of a Member State or on its own initiative, decide on the necessary measures; the Council and the Member States shall be notified of such measures, which shall be valid for no more than six months and shall be immediately applicable. If the Commission receives a request from a Member State, it shall make a decision thereon within a week following receipt of the request. 3. Measures decided on by the Commission may be referred to the Council by any Member State within a week of the day on which they were notified. The Council, acting by a qualified majority, may confirm, amend or repeal the Commission’s decision. the Council has not reached a decision within three months, the Commission’s decision shall be deemed to have been repealed. If Article 15 1. The general rules for the interpretation of the Combined Nomenclature and the detailed rules for its application shall apply to the tariff classification of products covered by this resulting from the Regulation. The tariff nomenclature If, by reason of imports or exports, 1. the Community market in one or more of the products listed in Article 1 is affected by, or is threatened with, serious disturbance likely to jeopardise the achievement of the objectives set out in Article 33 of the Treaty, appropriate measures may be applied in trade with third countries until threat of disturbance has ceased. such disturbance or The Council, acting by a qualified majority, on a proposal from the Commission, shall adopt general rules for the application of this paragraph and shall define the circumstances and limits within which Member States may adopt protective measures. If the situation mentioned in paragraph 1 arises, 2. the Commission shall, at the request of a Member State or on its the own initiative, decide upon the necessary measures; measures shall be communicated to the Member States and shall be immediately applicable. If the Commission receives a request from a Member State, it shall make a decision thereon within three working days following receipt of the request. 3. Measures decided upon by the Commission may be referred to the Council by any Member State within three working days of the day on which they were notified. The Council It may, acting by a qualified majority, amend or repeal the measure in question within one month following the day on which it was referred to the Council. shall meet without delay. 4. Provisions adopted under this Article shall be applied having regard to the obligations arising from agreements concluded in accordance with Article 300(2) of the Treaty. TITLE III GENERAL PROVISIONS Article 17 Articles 87, 88 and 89 of the Treaty shall apply to production of and trade in the products referred to in Article 1. 31.10.2000 EN Official Journal of the European Communities C 311 E/337 Article 18 TITLE IV Member States and the Commission shall send each other any information necessary for the application of this Regulation. The information to be communicated shall be determined in accordance with the procedure laid down in Article 19(2). Detailed rules for the communication and distribution of such information shall be adopted in accordance with the same procedure. Article 19 1. The Commission shall be assisted by the Management Committee for Cereals set up under Article 23 of Regulation (EEC) No 1766/92. TRANSITIONAL AND FINAL RULES Article 23 The Commission shall adopt, in accordance with the procedure laid down in Article 19(2): (a) the measures required to facilitate the transition from the arrangements provided in Regulation (EEC) No 3072/95 to those established by this Regulation, in particular, those measures shall cover the disposal of products bought in to intervention pursuant to that Regulation; 2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, in compliance with Article 8 thereof. (b) the measures required to resolve specific practical problems. Such measures (cid:151) if duly justified (cid:151) may derogate from certain parts of this Regulation. The period laid down in Article 4(3) of Decision 3. 1999/468/EC shall be set at one month. Article 24 Article 20 Regulations (EC) No 3072/95 and (EC) No 3073/95 are 1. hereby repealed. The Committee may consider any question referred to it by its chairman either on his own initiative or at the request of the representative of a Member State. References to Regulation (EC) No 3072/95 shall be 2. construed as references to this Regulation and should be read in accordance with the correlation table in Annex C. Article 21 Regulation (EC) No 1258/1999 and the provisions adopted in implementation thereof shall apply to the products listed in Article 1. Article 25 This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. Article 22 It shall apply from 1 July 2001. This Regulation shall be so applied that appropriate account is taken at the same time of the objectives set out in Articles 33 and 131 of the Treaty. This Regulation shall be binding in its entirety and directly applicable in all Member States. C 311 E/338 EN Official Journal of the European Communities 31.10.2000 ANNEX A I. DEFINITIONS 1. (a) Paddy rice: rice which has retained its husk after threshing. (b) Husked rice: paddy rice from which only the husk has been removed. Examples of rice falling within this definition are those with the commercial descriptions (cid:145)brown rice(cid:146), (cid:145)cargo rice(cid:146), (cid:145)loonzain(cid:146) and (cid:145)riso sbramato(cid:146). (c) Semi-milled rice: paddy rice from which the husk, part of the germ and the whole or part of the outer layers of the pericarp but not the inner layers have been removed. (d) Wholly milled rice: paddy rice from which the husk, the whole of the outer and inner layers of the pericarp, the whole of the germ in the case of long grain or medium grain rice and at least part thereof in the case of round grain rice have been removed, but in which longitudinal white striations may remain on not more than 10 % of the grains. 2. (a) Round grain rice: rice, the grains of which are of a length not exceeding 5,2 mm and of a length/width ratio of less than 2. (b) Medium grain rice: rice, the grains of which are of a length exceeding 5,2 mm but not exceeding 6.0 mm and of a length/width ratio no greater than 3. (c) Long grain rice: (i) rice, the grains of which are of a length exceeding 6.0 mm and of which the length/width ratio is greater than 2 but less than 3; (ii) rice, the grains of which are of a length exceeding 6.0 mm and of which the length/width ratio is equal to or greater than 3. (d) Measurements of the grains: grain measurements are taken on wholly milled rice by the following method: (i) take a sample representative of the batch; (ii) sieve the sample so as to retain only whole grains, including immature grains; (iii) carry out two measurements of 100 grains each and work out the average; (iv) express the result in millimetres, rounded off to one decimal place. 3. Broken rice: grain fragments the length of which does not exceed three quarters of the average length of the whole grain. II. DEFINITION OF GRAINS AND BROKEN GRAINS WHICH ARE NOT OF UNIMPAIRED QUALITY A. Whole grains Grains from which only part of the end has been removed, irrespective of characteristics produced at each stage of milling. B. Clipped grains Grains from which the entire end has been removed. C. Broken grains or fragments Grains from which a part of the volume greater than the end has been removed; broken grains include: (cid:151) large broken grains (pieces of grain of a length not less than half that of a grain, but not constituting a complete grain), (cid:151) medium broken grains (pieces of grain of a length not less than a quarter of the length of a grain but which are smaller than the minimum size of (cid:145)large broken grains(cid:146)), (cid:151) fine broken grains (pieces of grain less than a quarter of the size of a grain but too large to pass through a sieve with a mesh of 1,4 mm), (cid:151) fragments (small pieces or particles of grain which can pass through a sieve with a mesh of 1,4 mm); split grains (pieces produced by a longitudinal split in the grain) come under this definition. 31.10.2000 EN Official Journal of the European Communities C 311 E/339 D. Green grains Grains which are not fully ripened. E. Grains showing natural malformation Natural malformation means malformation, whether or not of hereditary origin, as compared with the morphological characteristics typical of the variety. F. Chalky grains Grains at least three-quarters of the surface of which looks opaque and chalky. G. Grains striated with red Grains showing longitudinal red striations of differing intensity and shades, due to residues from the pericarp. H. Spotted grains Grains showing a well-defined small circle of dark colour of more or less regular shape; spotted grains also include those which show slight black striations on the surface only; the striations and spots must not show a yellow or dark aureole. I. Stained grains Grains which have undergone, on a small area of their surface, an obvious change in their natural colour; the stains may be of different colours (blackish, reddish, brown); deep black striations are also to be regarded as stains. If the colour of the stains is sufficiently marked (black, pink, reddish-brown) to be immediately visible and if they cover an area not less than half that of the grain, the grains must be considered to be yellow grains. J. Yellow grains Grains which have undergone, totally or partially, otherwise than by drying, a change in their natural colour and have taken on a lemon or orange-yellow tone. K. Amber grains Grains which have undergone, otherwise than by drying, a slight uniform change in colour over the whole surface; this change alters the colour of the grains to a light amber-yellow. 0403 ex 1704 1704 90 51 to 1704 90 99 ex 1806 1901 ANNEX B CN code Description Buttermilk, curdled milk and cream, yoghurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit or cocoa Sugar confectionery (including white chocolate), not containing cocoa: (cid:151) (cid:151) Other Chocolate and other food preparations containing cocoa, except those coming 1806 90 60, under 1806 90 70 and 1806 90 90 1806 20 70, subheadings 1806 10, Malt extract; food preparations of flour, meal, starch or malt extract, not containing cocoa or containing less than 40 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included; food preparations of products under headings 0401 to 0404, not containing cocoa or containing less than 5 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included; C 311 E/340 EN Official Journal of the European Communities 31.10.2000 ex 1902 1902 20 91 1902 20 99 1902 30 1902 40 90 1904 ex 1905 1905 90 20 ex 2004 2004 10 91 ex 2005 2005 20 10 ex 2008 2008 11 10 ex 2101 2101 12 2101 20 92 2101 20 98 2105 00 2106 ex 3505 ex 3809 CN code Description Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether or not prepared: (cid:151) (cid:151) (cid:151) Cooked (cid:151) (cid:151) (cid:151) Other (cid:151) Other pasta (cid:151) (cid:151) Other Prepared foods obtained by the swelling or roasting of cereals or cereal products (for example, corn flakes); cereals (other than maize (corn)) in grain form or in the form of flakes or other worked grains (except flour and meal), pre-cooked, or otherwise prepared, not elsewhere specified or included Bread, pastry, cakes, biscuits and other bakers’ wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products: Communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products: Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen: other than products of heading No 2006 (cid:151) (cid:151) (cid:151) potatoes in the form of flour, meal or flakes Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen: other than products of heading No 2006 (cid:151) (cid:151) potatoes in the form of flour, meal or flakes Fruit, nuts and other edible parts of plants otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included: (cid:151) (cid:151) (cid:151) Peanut butter Extracts, essences and concentrates, of coffee, tea or matØ preparations with a basis of these products or with a basis of coffee, tea or matØ; roasted chicory and other roasted coffee substitutes and extracts, essences and concentrates, thereof: (cid:151) (cid:151) Preparations with a basis of these extracts, essences or concen- trates of coffee (cid:151) (cid:151) (cid:151) Preparations with a basis of these extracts, essences or concentrates of tea or matØ Ice cream and other edible ice, whether or not containing cocoa Food preparations not elsewhere specified or included: Dextrins and other modified starches (for example, pregelatinised or esterified starches); etherified starches under esterified or sub-heading 3505 10 50; glues based on starches or on dextrins or other modified starches except Finishing agents, dye carriers to accelerate the dyeing or fixing of dyestuffs and other products and preparations (for example, dressings and mordants), of a kind used in the textile, paper, leather or like industries, not elsewhere specified or included ex 3809 10 (cid:151) with a basis of amylaceous substances 31.10.2000 EN Official Journal of the European Communities C 311 E/341 ANNEX C CORRELATION TABLE Regulation (EC) No 3072/95 This Regulation Article 1 Article 2 Article 3 Article 4 Article 5 Article 6 Article 7 Article 8 Article 9 Article 10 Article 11(1) Article 11(3) Article 11(4) Article 12(1), (2), (3) and (4) Article 13(1), (2) and (3) Article 13(4) and (5) Article 13(6) Article 13(7) to (14) Article 13(15) Article 14 Article 15 Article 16 Article 17 Article 18 Article 19 Article 20 Article 21 Article 22 Article 23 Article 24 Article 25(1), (2), (3) and (4) Article 25(5) Article 26 Article 27 Annex A Annex B Annex C Article 1 Article 2 (cid:151) (cid:151) (cid:151) (cid:151) (cid:151) Article 3 (cid:151) Article 7 Article 4 Article 5 Article 6 Article 8(1) Article 8(2) Article 8(3) Article 9(1), (2), (3) and (4) Article 10 Article 11(1), (2) and (3) Article 11(4) and (5) (cid:151) Article 12 Article 13 Article 14 Article 15 (cid:151) Article 16 (cid:151) Article 17 (cid:151) Article 18 Article 19 Article 20 Article 22 Article 24 Article 23 Article 21 Article 25 Annex A (cid:151) Part I Annex A (cid:151) Part II Annex B Annex C
http://publications.europa.eu/resource/cellar/fae0bbb3-0b9c-4907-a0a1-1994662244b6
32000R2222
http://data.europa.eu/eli/reg/2000/2222/oj
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 pre-accession measures for agriculture and rural development in the applicant countries of central and eastern Europe in the pre-accession period
2000-06-07
eng
[ "European Commission" ]
[]
[]
[]
[ "html", "pdf", "print" ]
[ "Central and Eastern Europe", "EU aid", "coordination of aid", "financial aid", "pre-accession aid" ]
[ "914", "862", "231", "922", "7132" ]
7.10.2000 EN Official Journal of the European Communities L 253/5 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 pre-accession measures for agriculture and rural development in the applicant countries of central and eastern Europe in the pre-accession period THE COMMISSION OF THE EUROPEAN COMMUNITIES, (3) Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 1268/1999 of 21 June 1999 on Community support for pre-accession measures for agriculture and rural development in the applicant coun- tries of central and eastern Europe in the pre-accession period (1), and in particular Articles 9(2) and 12(2) thereof, Whereas: (1) (2) Article 11(1) of Council Regulation (EC) No 1266/ 1999 (2) on co-ordinating aid to the applicant countries in the framework of the pre-accession strategy stipulates that the Commission shall implement the Community aid in accordance with the rules of the Financial Regula- tion applicable to the general budget of the European Communities (3), and in particular Article 114 thereof, Article 9(1) of Council Regulation (EC) No 1268/1999 stipulates that the financial support shall comply with the principles laid down in Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing of the common Regulation concerns both the Guarantee and Guidance sections of the European Agriculture Guarantee and Guidance Fund but sets out, in particular specific provisions relating to the Guarantee section which falls under Title VIII of the Financial Regulation, agricultural policy (4). That It is envisaged that implementation of Sapard should have an institution building effect in the countries concerned. The Special Accession Programme for Agri- culture and Rural Development (Sapard) will require, for each of the 10 applicant countries referred to in Article 1(1) of Regulation (EC) No 1268/1999, the follow up of numerous projects, each of which is generally of limited financial dimension. Delegation of management tasks to the applicant country is desirable and Article 12(2) of Regulation (EC) No 1266/1999 provides for the poss- ibility to confer such management to the applicant country. Sapard management should therefore be orga- nised through agencies in the applicant countries in accordance with that decentralised approach. (4) (5) (6) (7) The minimum criteria and conditions for the application of decentralised management under Article 12(2) of Regulation (EC) No 1266/1999 are laid down in the Annex to that Regulation. Those criteria and conditions reflect those that paying agencies must fulfil to be in conformity with the EAGGF Guarantee rules laid down in the Annex to Commission Regulation (EC) No 1663/ 95 (5), as last amended by Regulation (EC) No 2245/ 1999 (6), in the light of the above, the agency established by each applicant country should be organised in conformity with EAGGF-Guarantee provisions. EAGGF Guarantee provisions laid down in Regulation (EC) No 1663/95 concern mainly the payment function. The agencies in the applicant countries however will need to dispose of both that function plus an imple- mentation function, appropriate criteria necessary also for that function therefore need to be laid down. It is appropriate that accreditation may also be provi- sionally granted subject to the respect of essential/ minimum criteria. For the Commission to waive the ex ante approval stipu- lated in Article 12(1) of Regulation (EC) No 1266/1999 and to confer management of the aid on an applicant country, the national accreditation of the Sapard agency in the applicant country needs to be approved. It is appropriate, where possible, to use existing struc- tures in applicant countries for certain financial opera- tions in each of these countries there is already a national fund through which PHARE monies are trans- ferred and paragraph 2(v) of the Annex to Regulation (EC) No 1266/1999 provides that the national author- ising officer shall bear the full financial responsibility and liability for the funds. It is therefore appropriate for Sapard purposes that the national fund in each applicant country be the competent authority which accredits the Sapard agency and supervises subsequent compliance with the accreditation criteria. The national authorising officer shall be the contact point for financial informa- tion between the Commission and the applicant country. (8) Council Regulation No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds (7) provides in its Article 31(2) the first commitment shall be made when the Commission lays that (1) OJ L 161, 26.6.1999, p. 87. (2) OJ L 161, 26.6.1999, p. 68. (3) OJ L 356, 31.12.1977, p. 1. (4) OJ L 160, 26.6.1999, p. 103. (5) OJ L 158, 8.7.1995, p. 6. (6) OJ L 273, 23.10.1999, p. 5. (7) OJ L 161, 26.6.1999, p. 1. L 253/6 EN Official Journal of the European Communities 7.10.2000 down its decision approving the assistance. That model may, under these circumstances and with respect to the triggering of the Community budget commitment, be considered as an appropriate model to be applied mutatis mutandis to Sapard. Article 12(2) of Regulation (EC) No 1266/1999 foresees execution of ex post controls by the Commission.The EAGGF clearance of accounts procedure is an efficient system to audit payments of the decentralised agencies and, if necessary, to recover irregular or undue payments from the applicant countries. Sapard implementing rules should be fixed in bilateral agreements to be concluded between the Commission and each applicant country. The Commission and each applicant country should therefore draw up a multi- annual in which the conditions determining the use of the Sapard contribution will be set out. Annual financing agreements should set out the financial contribution of the Community. financing agreement To protect the financial interests of the Community, applicant countries should have similar obligations as Member States with regard to controls carried out by Community agents on the Sapard monies. The measures provided for in this Regulation are in accordance with the opinion of the Committee of the European Agriculture Guarantee and Guidance Fund (EAGGF), (9) (10) (11) (12) HAS ADOPTED THIS REGULATION: CHAPTER 1 GENERAL PROVISIONS Article 1 Scope of the present Regulation 1. This Regulation lays down the conditions under which management of the aid provided under Regulation (EC) No 1268/1999 is conferred to agencies in the 10 applicant coun- tries referred to in Article 1(1) of that Regulation as provided for under Article 12(2) of Regulation (EC) No 1266/1999. 2. The Commission intends to require the applicant coun- tries to respect these conditions by including them in financing agreements negotiated with each country. Article 2 Definitions For the purposes of this Regulation: (a) ‘applicant countries’ means the countries listed in Article 1(1) of Regulation (EC) No 1268/1999; (b) ‘national fund’ means the body appointed by the applicant country and placed under the responsibility of the national authorising officer bearing the full financial responsibility and liability for the funds, which acts as the competent authority. The national authorising officer is the contact point for financial information sent between the Commis- sion and the applicant country; (c) ‘competent authority’ means the body, in the applicant country, (i) issuing, monitoring and withdrawing accreditation of the Sapard agency for the purposes of Article 1(2) of Regulation (EC) No 1663/95; and (ii) appointing a certifying body; (d) ‘Sapard agency’ means the body established by the appli- cant country and operating under its responsibility which discharges two functions: an implementing function and a paying function. Only one Sapard agency may be accred- ited at any time in each applicant country; (e) ‘certifying Body’ means the body which is operationally independent of the Sapard agency and establishes the attes- tation of the accounts, reports on the management and control systems and verifies the co-financing elements; (f) ‘multiannual setting out Sapard co-financing; financing agreement’ means the agreement the relevant provisions to be respected for (g) ‘annual financing agreement’ means the agreement setting out the financial allocation for the year in question on the basis of the appropriations entered in the Community budget and supplements and amends, as appropriate, provisions laid down in the multiannual financing agree- ment; (h) ‘Sapard euro account’ means the account opened by the national authorising officer under their responsibility in a financial or treasury institution bearing interest under normal commercial conditions to receive payments referred to in Article 8 and used exclusively for Sapard transactions and maintained in euro; (i) ‘financial year’ means the calendar year 1 January to 31 December. CHAPTER 2 CONFERRAL OF MANAGEMENT Article 3 Conferral of management of aid 1. The Commission shall verify compliance with the condi- tions of Article 12(2) of Regulation (EC) No 1266/1999, here- inafter referred to as ‘the conditions’, and the provisions of Articles 4 to 6 of and the Annex to this Regulation prior to deciding on conferral of management of aid to the applicant countries. For the establishment of compliance with the conditions and with the provisions mentioned in the first subparagraph, the Commission shall: — examine the national fund procedures and structures related the Sapard programme and to the implementation of Sapard agency procedures and structures and, where appro- priate, procedures and structures of other bodies to which tasks may have been delegated in accordance with Articles 4(4), 5(3) and 6(2), — carry out verifications on-the-spot. 7.10.2000 EN Official Journal of the European Communities L 253/7 The decision to confer management on an agency may be 2. made on a provisional basis, provided there is compliance with the conditions and with the functions and criteria of the Annex to this Regulation and the provisions of Articles 4 to 6. The Commission shall monitor continued compliance 3. with the conditions and provisions of this Regulation including the Annex. If, at any stage, they are found to be no longer fulfilled, the Commission shall immediately revoke the decision and shall: — cease to undertake any new financial obligations on the part of the Community, — cease to transfer monies to the applicant country and — if appropriate, make financial corrections against the appli- cant country. Article 4 Tasks of the competent authority 1. The tasks of the competent authority shall include those set out in Article 1(3), (4), (6) and (7) of Regulation (EC) No 1663/95 mutatis mutandis. Accreditation may be provisionally granted for a period to be fixed in relation to the seriousness of the problem pending the implementation of any requisite changes to the administrative and accounting arrangements. 2. The decision of the competent authority to accredit the Sapard agency shall be taken on the basis of an examination covering the administrative, payment, control and accounting procedures and structures, which includes the arrangements regarding the selection of projects, tendering, contracting and the respect of procurement rules taking account of the criteria set out in the Annex. The examination shall be conducted according to internationally accepted auditing standards. In instances where a provisional accreditation is envisaged, there must be satisfactory compliance with the provisions of the Annex, in particular with the obligations for written proced- ures, segregation of duties, pre-project approval and pre- payment checks, payment procedures, accounting procedures, computer security, internal audit and where appropriate public procurement provisions. 3. The competent authority shall monitor accreditation and withdraw it, without delay, if the accreditation criteria are no longer fulfilled and shall inform immediately the Commission. 4. The competent authority may delegate the examination task referred to in paragraph 2 to other bodies. In all cases the national authorising officer retains overall responsibility. Article 5 Tasks of the Sapard agency The implementation task of 1. comprise: the Sapard agency shall — call for applications, — project selection, — checking of applications for approval of projects against terms and conditions, eligibility and against the content of the approved Sapard agriculture and rural development programme, hereinafter referred to as ‘the programme’, including, where appropriate, public procurement provi- sions, — laying down contractual obligations between the agency and potential beneficiaries and the issue of approval to commence work, — execution of on-the-spot following project approval, checks both prior to and — follow-up action to ensure progress of projects being implemented, — reporting of progress of measures being implemented against indicators. 2. The payment task of the Sapard agency shall comprise: — checking of payment claims, — execution of on-the-spot checks to establish eligibility for payment, — authorisation of payment, — execution of payment, — accounting of commitment and payment, — where applicable, controls on beneficiaries after payment of aid to establish whether the terms and conditions of the grants continue to be respected. 3. Where functions of implementation and payment are not discharged within a single administrative structure, they may be carried out by other parties provided the provisions of para- graph 2.3 of the Annex are respected. However, in no case may the execution of payment and of accounting of commitment and payment be delegated. The project approval, on-the-spot controls and payment processes must be based on an appro- priate segregation of duties. Any proposed changes 4. in the implementing and/or paying arrangements of the Sapard agency after its accredita- tion shall be submitted by the competent authority to the Commission. 5. Where the Sapard agency does not also discharge the functions of the managing authority provided for in Article 9 of Commission Regulation (EC) No 2759/1999 (1), it shall communicate to that authority the information necessary to perform its functions. Article 6 Tasks of the certifying body 1. The tasks of the certifying body shall include — delivery of an attestation on the annual account of the Sapard agency as well as the Sapard euro account, — reporting on an annual basis on the adequacy of manage- ment and control systems of the Sapard agency as regards their capability to ensure conformity of expenditure with the provisions of Article 8(1), (1) OJ L 331, 23.12.1999, p. 51. L 253/8 EN Official Journal of the European Communities 7.10.2000 — verification of the existence and correctness of the national co-financing element referred to in Article 9(1). 2. In performing those tasks, the certifying body shall act in accordance with the provisions of Article 3 of Regulation (EC) No 1663/95 and guidelines set by the Commission. Where the body appointed is the national audit office or equivalent, it may delegate some or all of the examination tasks referred to in Article 3(1) of Regulation (EC) No 1663/95 to other bodies, provided the tasks are discharged effectively. The certifying body in all cases retains overall responsibility. 3. The attestation on the annual accounts and the audit report referred to in Article 3(1) of Regulation (EC) No 1663/ 95 and Article 13(1) shall be drawn up before 15 April of the following year and communicated to the Commission by 30 April at the latest. CHAPTER 3 PAYMENT AND CONTROL Article 7 Budget commitments The Commission decision authorising signature of each 1. annual financing agreement shall give rise to commitment of the appropriations in the Community budget. 2. The first annual financing agreement may only be signed on behalf of the Commission when the following conditions have been met: — the programme has been approved by the Commission, and, — the multiannual financing agreement has been signed by both parties. 3. The Commission shall decommit any part of a commit- ment according to the rule fixed in the second subparagraph of Article 31(2) of Regulation (EC) No 1260/1999 and taking account of the requirements of Article 10. Article 8 Payments from the Commission 1. Only Sapard assistance granted in accordance with the provisions of the Programme approved by the Commission, of the multiannual and annual financing agreements and in accordance with the Commission decision referred to Article 3(1), shall be subject to co-financing by the Community. 2. Payments shall be made in euro to the Sapard euro account, and in accordance with the provisions of Article 32(1), th second subparagraph of Article 32(2), Article 32(3) with the exception of subparagraphs (a), (d) and the second and subparagraphs, and in accordance with Article third last 32(4)(a) and (b) of Regulation (EC) No. 1260/1999. 3. The Commission shall make an initial payment, on account, to the Sapard euro account. This payment, which may be made in more than one instalment, shall not exceed 49 % of the first annual allocation to the applicant country concerned, set out in the Annex to Commission Decision (EC) No 1999/ 595/EC (1). The payment shall be made on condition that the Sapard agency accreditation has been subject to the decision referred to in Article 3(1), and after conclusion of the multi- annual financing agreement and first annual financing agree- ment. The payment shall be repaid if no payment application in accordance with Article 10 is received by the Commission within 18 months of the date of that payment. Subsequent payments shall be made in accordance with 4. the rules provided for in Article 10. Conversion costs, bank charges and exchange losses shall 5. not be subject to Community co-financing. Article 9 Payments from the Sapard agency 1. Payments from the Sapard agency to the beneficiary shall: — be made in national currency and debited as appropriate against the Sapard euro account. The payable order(s) to the beneficiary(ies) shall as a general rule be issued within five days of this debit, — be based on declarations of expenditure incurred by the include only projects the beneficiary. Such declarations shall selected and expenditure paid from the date of Commission decision referred to in Article 3(1). The Community contribution shall be made simultaneously with the national contribution. However, in the case of benefi- ciaries in the public sector, the national contribution may precede that of the Community. 2. The total public contribution to the individual measures and to the grants at project level shall be readily identifiable at the level of the Sapard agency. 3. The Sapard agency shall maintain records of each payment which shall include at least the following information: — amount in national currency, — the corresponding amount in euro. 4. Any overpayment, namely amounts in excess of the sum due, noted by the Sapard agency, shall be recorded without delay in the Sapard euro account and subtracted from the applications for payment to the Commission referred to in Article 10. 5. The final balance of the assistance shall be paid in accord- ance with Article 32(4)(a) and (b) of Regulation (EC) No 1260/ 1999 and after the decisions referred to in Articles 13 and 14 have been adopted. 6. The Sapard agency shall ensure timely treatment of payment requests by beneficiaries. In cases where the interval between receipt of the complete supporting documents and issuing of three months, Community co-financing may be reduced in accordance with the provisions of Article 4(2) of Regulation (EC) No 296/ 96 (2). the payment order exceeds (1) OJ L 226, 27.8.1999, p. 23. (2) OJ L 39, 17.2.1996, p. 5. 7.10.2000 EN Official Journal of the European Communities L 253/9 Article 10 Article 12 Application for payment from the Community Commission initiative measures The Commission shall 1. take into consideration only payment applications drawn up by the Sapard agency on a quarterly basis, presented in accordance with a form established by the Commission and transmitted by the national authorising officer to the Commission within one month of the end of each quarter. However, supplementary applications may be submitted only if justified on the basis of the risk of the net balance in the Sapard euro account being exhausted before the next quarterly application has been processed. The applications shall include at least the following infor- 2. mation: — the amount of expenditure paid by the Sapard agency to beneficiaries in the previous quarter, broken down in both national currency and euro by measure and the national and Community contribution, — the balance of Community funds in the Sapard euro account following the most recent debit, — details of debts to be collected. 3. The Commission shall verify the payment applications taking account of the conditions set out in Article 32(3)(b), (c), (e) and (f) of Regulation (EC) No 1260/1999. Expenditure declared in the payment applications shall be 4. reimbursed by the Commission within, two months of an acceptable payment application being received by it, subject to the verifications referred to in paragraph (3). in principle, Article 11 Exchange rate and interest 1. The conversion rate between euro and national currency shall be the exchange rate published by the European Central Bank: — for payments by the Sapard agency, on the last but one working day at the Commission in the month preceding the month during which the expenditure was recorded in the accounts of the Sapard agency. The date the payment order is issued to the beneficiary shall be the date shown in the accounts, — for overpayments by the Sapard agency, on the last but one working day at the Commission in the month preceding the month during which the overpayment was first noted, fixed by the clearance of accounts and conformity clearance decisions, on the last but one working day at the Commission in the month preceding the month during which the decision was taken. — for amounts 2. Where the timelimits in Article 13(5) and 14(4) are not respected, any outstanding amount shall generate interest at a rate equal three month deposits published by the European Central Bank plus 1,5 % points. That rate shall be the monthly average of the month in which the decision referred to in these articles was notified. to the Euribor rate for 3. Interest earned on the Sapard euro account shall be used exclusively for the programme. Such interest shall not be subject to reduction due to charges levied except those of a fiscal nature. In cases where the Commission does not allocate all the annual allocation provided for in Article 7(4) of Regulation (EC) No 1268/1999 to the applicant country, use of the amount not so allocated shall be decided by the Commission on the basis of ad-hoc decisions. Article 13 Clearance of accounts decision 1. Without prejudice to decisions referred to in Article 14, for each financial year an annual declaration presented in accordance with a form established by the Commission together with a certificate and an audit report as required by Article 6(1)(b) of Regulation (EC) No 1258/1999, Article 4 and Article 5(1)(a), (c) and (e), and Article 5(2) of Regulation (EC) No 1663/95 shall be drawn up by the applicant country and transmitted to the Commission by the national authorising officer. 2. The Commission shall receive the documents referred to in paragraph 1 by 30 April of the year following the financial year concerned. The provisions fixed in the first and second last sentence of Article 7(1), Article 7(2)(c), and Article 7(3) and (4) of Regula- tion (EC) No 296/96 are applicable. For the financial year ‘n’, all transactions recorded in the accounts of the Sapard agency in the financial year ‘n’ are taken into consideration. 3. The Commission shall, before the 30 September of the year following the financial year concerned, clear the account of the Sapard agency in accordance with the provisions of Article 7(3) of Regulation (EC) No 1258/1999 and Article 7 of Regulation (EC) No 1663/95 hereinafter referred to as ‘the clearance of accounts decision’. The clearance of accounts decision shall also cover the clearance of the Sapard euro account. It shall also clear the amounts to be credited to the Sapard euro account in accordance with Article 9(4) and Article 11(3). 4. The Commission shall communicate to the applicant country concerned the results of its verifications of the infor- mation supplied, before 31 July following the end of the finan- cial year. If, for reasons attributable to the applicant country concerned, the Commission is unable to clear the accounts of an applicant country before 30 September, the Commission further enquiries it shall notify the applicant country of proposes to undertake. The amount fixed by the clearance of accounts decision 5. the shall normally be added to or deducted from one of subsequent payments from the Commission to the applicant country. However in cases where the amount to de deducted, fixed by this decision, exceeds the level of possible subsequent payments, the amount not covered by the balance shall be credited to the Commission in euro within two months of notification of the decision. The Commission may however, on a case by case basis, decide that any amount to be credited to it shall be offset against payments due to be made by the Commission to the applicant country under any Community instrument. L 253/10 EN Official Journal of the European Communities 7.10.2000 Article 14 Conformity clearance decision 1. The Commission shall decide on the expenditure to be excluded from Community cofinancing where it finds that expenditure has not been effected in compliance with the rules referred to in Article 8(1) hereinafter referred to as the ‘conformity clearance decision’. 2. The conformity clearance procedures shall be executed in accordance with the mechanisms and procedures in force for the application of Article 7(4) of Regulation (EC) No 1258/ 1999 and Article 8 of Regulation (EC) No 1663/95. 3. A financial correction may include application of flat rate corrections in cases where controls have not correctly been established or executed by the Sapard agency and refusal of compensation of the foreseen financial correction with expen- diture for other projects. The amount 4. to be recovered in accordance with the conformity clearance decision under paragraph 1, shall be communicated to the national authorising officer who ensures that the amount is credited to the Commission in euro within two months of notification of the decision. The amount in the decision shall not be reallocated to the Sapard programme. The Commission may however, on a case-by-case basis, decide that any amount to be credited to it shall be offset against payments due to be made by the Commission to the applicant country under any Community instrument. Article 15 Recording and control provision 1. Documents shall be kept by the Sapard agency and the national fund at the disposal of the Commission for a period of five years after the date of final payment to the beneficiary has been made. 2. When controls are carried out under Article 9 of Regula- the provisions of Regulation tion (EC) No 1268/1999, (Euratom, EC) No 2185/96 (1) and of Article 8(1) and (2), and Article 9(1) and (2) of Regulation (EC) No 1258/1999, shall apply mutatis mutandis the Sapard programme. the execution of for 3. Applicant countries will be required to apply the rules contained in Commission Regulation (EC) No 1681/94 (2) concerning irregularities and the organisation of an informa- tion system in this field. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 7 June 2000. For the Commission Franz FISCHLER Member of the Commission (1) OJ L 292, 15.11.1996, p. 2. (2) OJ L 178, 12.7.1994, p. 43. 7.10.2000 EN Official Journal of the European Communities L 253/11 FUNCTIONS AND CRITERIA FOR ACCREDITATION AS A SAPARD AGENCY ANNEX 1. FUNCTIONS The Sapard agency shall execute the following principal functions in respect of Sapard expenditure: 1.1. 1.2. 1.3. 1.4. authorisation of commitments and payments: the objective of this function is the establishment of the amount that shall be paid to a claimant or supplier in conformity with the financing agreement rules, in particular those concerning the eligibility of applications for approval and claims for payment, compliance with commitments entered into concerning project approvals, tendering and contracting procedures, and verification of the work carried out or services supplied; execution of payments: the objective of this function is the issuing of an instruction to the agency's bankers, or, in appropriate cases, a governmental payments office, to pay the authorised amount to the claimant or supplier (or their assignee); accounting for commitments and payments: the objective of this function is the recording of the commitment and payment in the agency's separate books of accounts of Sapard expenditure, which will normally be in the form of an electronic data processing system, and the preparation of periodic summaries of expenditure, including the periodic and annual declarations to the Commission. The books of account shall also record details of debts to be recovered; control: the objective of this function is to verify the facts on which applications and claims are based in order to review their compliance with the financing agreement rules and the terms and conditions of the commitment. this control shall, where appropriate, include pre-project selection checks, remeasurement, checks on quantity and quality of goods or services delivered, an analysis or a sample control, pre-payment checks and any special provisions mentioned in the financing agreement rules as to the eligibility of the expenditure etc. In order to establish eligibility, these controls shall require, where appropriate, examinations of a technical nature, which can involve economic financial assessments and checks of a specific agricultural, technical or scientific nature; 1.5. reporting: the objective of this function is to ensure that progress of the individual projects and measures is reported in a way which ensure the effective and efficient implementation of the measure. 2. CRITERIA 2.1. The Sapard agency's administrative structure shall provide for the separation of the three functions of author- isation, execution and accounting, each of which shall be the responsibility of a separate administrative sub-unit, the responsibilities of which are defined in an organisation chart. 2.2. The Sapard agency shall adopt the following procedures or those offering equivalent guarantees: 2.2.1. the Sapard agency shall lay down detailed written procedures for the receipt, recording and processing of applications for project approval, claims, invoices and supporting documents and control reports inclusive of a description of all documents to be used. These procedures should ensure that only claims for payment or projects selected which comply with the criteria are processed; 2.2.2. the division of duties shall be such that no official has responsibility at any time, for any project, for more than one of the responsibilities for approving projects, authorising payment, paying or accounting for sums, and that no official performs one of those tasks without their work coming under the supervision of a second official. The responsibilities of each official shall be defined in writing, including the setting of financial limits to his authority. Staff training shall be appropriate, and there shall be a policy for rotating staff in sensitive positions, or alternatively for increased supervision; 2.2.3. each official responsible for authorisation shall have at their disposal a detailed check-list of the verifications required to be undertaken, and shall include in the supporting documents of the claim their attestation that these checks have been performed. This attestation may be made by electronic means subject to the conditions referred to in subparagraph 2.2.6. There shall be evidence of review of the work by a more senior member of staff. The analysis, the appraisal and approval of the projects is to be evidenced in writing. The analysis of the project should be guided by the principles of sound efficient management; L 253/12 EN Official Journal of the European Communities 7.10.2000 2.2.4. an application/claim shall be authorised only after sufficient checks have been made to verifiy that it complies with financing agreement rules and the content of the Sapard programme. These checks shall include those required by the rules governing the specific measure under which aid is claimed, and those required to prevent and detect fraud and irregularity with particular regard to the risks presented. As part of the authorisation function, applications shall be subject to checks which establish adherence to terms and conditions, eligibility, completeness of documents, correctness of supporting documents, date of receipt, etc. All checks to be undertaken shall be specified in a checklist, and their performance shall be attested for each application/claim, or for each batch of applications/claims. As regards the services/the goods delivered the control should consist of: — documentary control: to ensure that data on quantity, quality and price of the goods or services on the invoice reconcile with those ordered, — physical control: to ensure that the quantity and quality of the goods or services match those mentioned in the invoice/claim form. This control can also be performed on a continuous basis during the delivery of the services, i.e. when initial or interim payments are made; 2.2.5. procedures should ensure that payment is made only to the claimant, to their bank account or to their assignee. The payment shall be executed by the agency's banker, or, as appropriate, a governmental payments office, or the cheque mailed, within five working days of the date of charge to the Sapard bank account. Procedures shall be adopted to ensure that all payments for which transfers are not executed, or cheques not cashed, are credited to Sapard euro account. No payments shall be made in cash. The approval of the authorising official and/or their supervisor may be made by electronic means, provided an appropriate level of security over these means is ensured, and the identity of the signatory is entered in the electronic records; 2.2.6. where applications, claims or invoices are processed using a computer system, access to the computer system shall be protected and controlled in such a way that: — all information entered, modified, or validated, except by authorised officials to whom individual passwords are attributed, — no data may be entered, modified, or validated, except by authorised officials to whom individual passwords are attributed, — the identity of each official entering, or modifying, data or programmes is recorded in an operations log. Passwords shall be changed regularly to avoid misuse. Computer systems shall be protected from unauthorised access by physical controls, and the data shall be backed up by copies stored in a separate, safeguarded location. Data entry shall be checked by logical checks aimed at detecting inconsistent or extraordinary data; 2.2.7. procedures should ensure that changes in rates of aid or terms and conditions for the grant of aid are recorded and the instructions, databases and checklists updated in good time. 2.3. part or all of the authorisation and the control function may be delegated to other bodies provided that the following conditions are fulfilled: 2.3.1. the responsibilities and obligations of these other bodies, notably concerning the control and verification of the compliance with financing agreement rules, are clearly defined; 2.3.2. the bodies dispose of effective systems for ensuring that they fulfil their responsibilities in a satisfactory manner; 2.3.3. the bodies explicity confirm to the agency that they in fact fulfil their responsibilities and describe the means employed; 2.3.4. the Sapard agency is informed on a regular and timely basis of the results of controls effected, so that the sufficiency of these controls may always be taken into account before a claim is authorised, settled or an invoice is paid. The work performed shall be described in detail in a report accompanying each application and claim, batch of applications and claims or, when appropriate, in a report covering one year. The report shall be accompanied by an attestation of the eligibility of the approved applications and claims and of the nature, scope and limits of the work done. Physical and/or administrative checks performed shall be identified, the method described, the results of all inspections and the measures taken in respect of discrepancies and irregularities reported upon. The supporting documents submitted to the agency shall be sufficient to provide assurance that all the required checks on the eligibility of the claims or invoices authorised for payment have been performed; 7.10.2000 EN Official Journal of the European Communities L 253/13 2.3.5. the Sapard agency should be satisfied before the project approval and before the payment of the expenditure, that the other bodies have followed procedures which comply with the criteria set out in this Annex; 2.3.6. criteria for assessing applications and their order of priority shall be clearly defined and documented; 2.3.7. where documents relating to the claims authorised, expenditure committed and controls effected are retained by the other bodies, both these bodies and the agency shall set up procedures to ensure that the location of all such documents that are relevant to specific payments made by the agency is recorded, and that these documents may be made available for inspection at the agency's offices at the request of the persons and bodies who would normally have the right to inspect such documents, which include: — the agency's staff who deal with the claim, — the agency's internal audit service, — the certifying body that attests the agency's annual declaration, — mandated officials of the European Union; 2.3.8. written agreements must be concluded between the Sapard agency and bodies to which functions of the Sapard agency have been delegated. Such agreements should clearly identify the functions to be performed by the delegated body and the type of supporting documents and reports to be sent to the Sapard agency within specified time limits. The overall system including the delegated functions performed by other bodies should be set out in an organisation chart. The agreement should provide for access by officials of the Commission and the Court of Auditors to information held by these delegated bodies and for the investigation by such officials of applciations including the carrying out of checks on projects and recipients of aid. 2.4. Accounting procedures shall ensure that declarations of expenditure to the Commission are complete, accurate (correct project or account heading) and timely, and that any errors or omissions are detected and corrected, in particular through cheks and reconciliation performed at intervals not exceeding three months. The Sapard agency's accounting procedure shall ensure that the accounting system can produce, in euro and national currency, for each regional office, per project, contract or measure/sub-measure, the total cost, the committed expenditure, part payments and balance payments. Deadlines shall be set for the cancellation of commitments where work has not been completed within an agreed timetable. These cancellations shall be appropriately recorded in the accounting system. The Sapard agency shall dispose of an internal audit service. The objective of this service or equivalent procedure is to ensure that the agency's system of internal control operates effectively; the internal audit service shall be independent of the agency's other departments and shall report directly to the agency's top management. The internal audit service shall verify that procedures adopted by the agency are adequate to ensure that compliance with the programme and financing agreement is verified, and that accounts are accurate, complete and timely. Verifications may be limited to selected measures/sub-measures and to samples of transactions provided that an audit plan ensures that all significant areas, including the departments/bodies responsible for authorisation and those departments to which functions have been delegated, are covered over a period not exceeding three years. The service's work shall be performed according to internationally accepted auditing standards, shall be recorded in working papers and shall result in reports and recommendations addressed to the agency's top management. The audit plans and reports shall be made available to the certifying body and to officials of the European Union mandated to undertake financial audits and for the sole purpose of appraising the effectiveness of the internal audit function. The rules for the procurement by public bodies of services, works and supplies in the applicant country shall be in accordance with the rules set out in the Commission annual (1) entitled ‘Service, supply and work contracts concluded within the framework of Community cooperation for the third countries’ with the exception of the requirement for ex ante approval by the Commission. Services, works, machinery and supplies procured by private undertakings must originate in the Community or in the countries referred to in Article 1(1) of Regulation (EC) No 1268/1999. The same goes for supplies and equipment purchased by a contractor for works or service contracts if the supplies and equipment are destined to become the property of the project once the contract has been completed. 2.5. 2.6. 2.7. 2.8. As regards in particular forfeited guarantees, reimbursed payments, etc., the agency shall set up a system for the recognition of all amounts due to the Sapard euro acocunt and for the recording in a debtors ledger of all such debst prior to their receipt. The debtors ledger shall be inspected at regular intervals with the aim of taking action to collect debts that are overdue. (1) SEC (1999) 1801 final ‘Service, supply and work contracts concluded within the framework of Community cooperation for the third countries’. L 253/14 EN Official Journal of the European Communities 7.10.2000 2.9. The Sapard agency shall publicise the availability of support to all potential project managers/operators so that they obtain as wide as possible selection of potential project managers/operators. Standard application forms with clear guidelines for completion and conditions for eligibity shall be drawn up in advance of the launch of the scheme. 2.10. Timely processing of applications from beneficiaries. 2.11. The Sapard agency will install an appropriate system to report progress of each project and measure towards pre-defined indicators. Where appropriate these indicators shall, with the approval of the monitoring committee, be revised. Action is to be taken in instances where delays in meeting pre-defined targets arise. Proper records shall be kept of all action taken. An appropriate management information system shall be used for the speedy generation of appropriate reports on the projects and measures. These reports shall be made available to the managing authority, the monitoring committee and the Commission on request.
http://publications.europa.eu/resource/cellar/3e39f504-7f0e-42c1-bcae-56a364bc9772
32000R1199
http://data.europa.eu/eli/reg/2000/1199/oj
Commission Regulation (EC) No 1199/2000 of 7 June 2000 fixing the representative prices and the additional import duties for molasses in the sugar sector
2000-06-07
eng
[ "European Commission" ]
[]
[]
[]
[ "pdf", "print" ]
[ "CCT duties", "import price", "molasses", "representative price", "sugar" ]
[ "4080", "2635", "1863", "2687", "4314" ]
L 135/4 EN Official Journal of the European Communities 8.6.2000 COMMISSION REGULATION (EC) No 1199/2000 of 7 June 2000 fixing the representative prices and the additional import duties for molasses in the sugar sector THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 2038/1999 of 13 September 1999 on the common organisation of the market in sugar (1), Having regard to Commission Regulation (EC) No 1422/95 of 23 June 1995 laying down detailed rules of application for imports of molasses in the sugar sector and amending Regula- tion (EEC) No 785/68 (2), and in particular Articles 1(2) and 3(1) thereof, Whereas: (1) (2) Regulation (EC) No 1422/95 stipulates that the cif import price for molasses, hereinafter referred to as the ‘representative price’, should be set in accordance with Commission Regulation (EEC) No 785/68 (3). That price should be fixed for the standard quality defined in Article 1 of the above Regulation. The representative price for molasses is calculated at the frontier crossing point into the Community, in this case Amsterdam; that price must be based on the most favourable purchasing opportunities on the world market established on the basis of the quotations or prices on that market adjusted for any deviations from the standard quality. The standard quality for molasses is defined in Regulation (EEC) No 785/68. (3) When the most favourable purchasing opportunities on the world market are being established, account must be taken of all available information on offers on the world market, on the prices recorded on important third- country markets and on sales concluded in international trade of which the Commission is aware, either directly or through the Member States. Under Article 7 of Regu- lation (EEC) No 785/68, the Commission may for this purpose take an average of several prices as a basis, provided that this average is representative of actual market trends. (4) The information must be disregarded if the goods concerned are not of sound and fair marketable quality or if the price quoted in the offer relates only to a small (1) OJ L 252, 25.9.1999, p. 1. (2) OJ L 141, 24.6.1995, p. 12. (3) OJ L 145, 27.6.1968, p. 12. (5) (6) quantity that is not representative of the market. Offer prices which can be regarded as not representative of actual market trends must also be disregarded. If information on molasses of the standard quality is to be comparable, prices must, depending on the quality of the molasses offered, be increased or reduced in the light of the results achieved by applying Article 6 of Regula- tion (EEC) No 785/68. A representative price may be left unchanged by way of exception for a limited period if the offer price which served as a basis for the previous calculation of the representative price is not available to the Commission and if the offer prices which are available and which appear not to be sufficiently representative of actual market trends would entail sudden and considerable changes in the representative price. (7) Where there is a difference between the trigger price for the product in question and the representative price, additional import duties should be fixed under the conditions set out in Article 3 of Regulation (EC) No 1422/95. Should the import duties be suspended pursuant to Article 5 of Regulation (EC) No 1422/95, specific amounts for these duties should be fixed. (8) (9) Application of these provisions will have the effect of fixing the representative prices and the additional import duties for the products in question as set out in the Annex to this Regulation. The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar, HAS ADOPTED THIS REGULATION: Article 1 The representative prices and the additional duties applying to imports of the products referred to in Article 1 of Regulation (EC) No 1422/95 are fixed in the Annex hereto. Article 2 This Regulation shall enter into force on 8 June 2000. 8.6.2000 EN Official Journal of the European Communities L 135/5 This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 7 June 2000. For the Commission Franz FISCHLER Member of the Commission fixing the representative prices and additional import duties applying to imports of molasses in the sugar sector ANNEX CN code Amount of the representative price in 100 kg net of the product in question Amount of the additional duty in 100 kg net of the product in question (in EUR) Amount of the duty to be applied to imports in 100 kg net of the product in question because of suspension as referred to in Article 5 of Regulation (EC) No 1422/95 (2) 1703 10 00 (1) 1703 90 00 (1) 8,38 8,75 — — 0 0 (1) For the standard quality as defined in Article 1 of amended Regulation (EEC) No 785/68. (2) This amount replaces, in accordance with Article 5 of Regulation (EC) No 1422/95, the rate of the Common Customs Tariff duty fixed for these products.
http://publications.europa.eu/resource/cellar/70d0eb83-c991-404d-a101-8485d96e4574
92000E001774
WRITTEN QUESTION E-1774/00 by Wolfgang Ilgenfritz (NI) to the Commission. Net contributors in the European Union.
2000-06-07
eng
[ "European Parliament", "Provisional data" ]
[]
[]
[]
[ "html", "pdf", "print" ]
[ "Member States' contribution", "net contributor", "net recipient" ]
[ "3259", "5538", "5459" ]
6.3.2001 EN Official Journal of the European Communities C 72 E/115 (2001/C 72 E/144) WRITTEN QUESTION E-1774/00 by Wolfgang Ilgenfritz (NI) to the Commission (7 June 2000) Subject: Net contributors in the European Union Which countries are net contributors and which are net recipients in the European Union? How are the contributions by individual Member States calculated in the European Union? What are the payments by and to the Member States for the period 1995 to 2000? Answer given by Mrs Schreyer on behalf of the Commission (4 July 2000) the budgetary balance of the Member States in the There is no universally accepted definition of Community budget and, consequently, it is often difficult to classify Member States, formally speaking, into groups of net recipients and net contributors. This is especially difficult for those Member States whose balance is very close to zero with the result that changes in the concept of the budgetary balance used turn a Member State from a net recipient to a net contributor. A clear example is the case of Belgium which, when including administrative Community expenditure in the data, appears to be a net recipient but is a net contributor when administrative Community expenditure is excluded. These and other difficulties with the definition of the budgetary balance have been discussed in the Commission report on the operation of the own resources system which is available on the Europa server in the World Wide Web, in the following address: http://europa.eu.int/comm/dg19/en/agenda2000/ownresources/. The report also includes tables of own resources contributions to and receipts from the Community budget by Member State as well as estimates of budgetary balances according to different definitions for the period 1992-1997 or 1998. Updated estimates of budgetary balances to 1998 can be found in the statistical annex of the June 1999 Commission services report on the allocation of 1998 EU operating expenditure by Member State, also available on the Europa service in the World Wide Web, in the following address: http://europa.eu.int/comm/dg19/pdf/agenda2000/statdepenses98pdf. The rules governing the own resources system are set out in the 1994 own resources Decision currently in force (a new own resources decision will come into force on 1 January 2001). Community own resources are the so-called traditional own resources (TOR) essentially customs duties and agricultural levies collected by the Member States and transferred to the Community budget after withholding 10 % of the amounts collected to cover collection costs, the VAT resource consisting of VAT revenues determined by the application of a call rate on the harmonised VAT base of each Member State, and the gross national product (GNP) resource which is called according to a rate necessary to balance the Community budget. the The own resources contributions of preparation of the annual Community budget. Annual own resources contributions can be read from the Community draft budget as well as from the final budget. the Member States are determined in the framework of The latest data available for own resources contributions concern the year 2000 budget and the year 2001 preliminary draft budget and can be read directly from the budget documents. Data for expenditure by Member State are only available up to 1998 and can be found in the documents available at the World Wide Web addresses mentioned previously.
http://publications.europa.eu/resource/cellar/2f51be09-c3a2-47e6-aa45-55acc60576ec
92000E001822
WRITTEN QUESTION E-1822/00 by Jean-Claude Fruteau (PSE) to the Commission. Follow-up to the Lisbon European Council decision on the outermost regions.
2000-06-07
eng
[ "European Parliament", "Provisional data" ]
[]
[]
[]
[ "html", "pdf", "print" ]
[ "EU regional policy", "peripheral region" ]
[ "2516", "4128" ]
26.1.2001 EN Official Journal of the European Communities C 26 E/171 (2001/C 26 E/217) WRITTEN QUESTION E-1810/00 by Graham Watson (ELDR) to the Commission Subject: The provision of public toilets throughout the EU (8 June 2000) Throughout the EU, there are varying standards as regards the provision of public toilets. Does the Commission share my view that members of the public should not be obliged to purchase food and drink in an establishment in order to use its toilets? Will the Commission please advise me whether there are any proposals to make it a requirement of EU Member States to provide an adequate number of public toilets, in which a high standard of cleanliness should be maintained? Answer given by Mr Prodi on behalf of the Commission (22 June 2000) The matter to which reference is made does not fall within the jurisdiction of the Community. (2001/C 26 E/218) WRITTEN QUESTION E-1822/00 by Jean-Claude Fruteau (PSE) to the Commission (7 June 2000) Subject: Follow-up to the Lisbon European Council decision on the outermost regions The Lisbon European Council called on the Commission to submit, as soon as possible, proposals for the implementation of the Commission(cid:146)s report with regard to Article 299(2) of the Treaty. Could the Commission present its intended timetable for doing so? Answer given by Mr Prodi on behalf of the Commission (27 June 2000) The Commission would refer the Honourable Member to the replies it gave to Oral Questions H-0413/00 by Mr Costa Neves and H-0440/00 by Mr Casaca during question time at Parliament(cid:146)s Mai 2000 (1) and Juni 2000 (2) part session. (1) Debates of the Parliament (Mai 2000). (2) Debates of the Parliament (June 2000). (2001/C 26 E/219) WRITTEN QUESTION P-2009/00 by Joan Colom i Naval (PSE) to the Commission (16 June 2000) Subject: Siphoning off of European social fund resources in Catalonia In recent months there has been a resurgence of reports concerning the siphoning off of a significant proportion of the funding allocated to employment programmes in Catalonia which are co-financed by the European social fund. What action has the Commission taken in response to these reports, of which it must surely be aware?
http://publications.europa.eu/resource/cellar/da1c44f3-2380-41e9-acfb-bf455f202fa5
92000E001682
WRITTEN QUESTION E-1682/00 by Camilo Nogueira Román (Verts/ALE) to the Council. Lisbon-Ferrol high-speed rail line linking Portugal and Galicia.
2000-06-07
eng
[ "European Parliament", "Provisional data" ]
[]
[]
[]
[ "html", "pdf", "print" ]
[ "Galicia", "Portugal", "high-speed transport", "rail transport", "trans-European network" ]
[ "1127", "2563", "3114", "4514", "5864" ]
C 81 E/70 Official Journal of the European Communities EN 13.3.2001 is currently impossible for farmers, of whatever nationality, to buy up new manure rights, and thereby increase the production of manure in Flanders. At this stage, the Commission has not yet taken a position on the proposed Dutch aid scheme. Therefore, it cannot yet indicate whether any conditions will be attached to a possible approval of the scheme. (2001/C 81 E/083) WRITTEN QUESTION E-1682/00 by Camilo Nogueira RomÆn (Verts/ALE) to the Council (7 June 2000) Subject: Lisbon-Ferrol high-speed rail line linking Portugal and Galicia Despite the statements of the President of the Galician regional government, Mr Manuel Fraga, to the effect that the planned high-speed rail link to Galicia will not be operative until the distant date of 2006, the Mayor of Oporto, Mr Nuno Cardoso, has called for the construction of a high-speed rail line which would link Lisbon, Coimbra and Oporto in Portugal to Vigo, Pontevedra, Santiago de Compostela, La Coruæa and Ferrol in Galicia, with a maximum journey time of four hours. The Mayor of Oporto believes that this railway would also greatly facilitate travel from northern Portugal to the European heartland, via the proposed link connecting Galicia to Valladolid and to Irœn on the French frontier. At a recent meeting of the European Parliament(cid:146)s Committee on Regional Policy, Transport and Tourism, the Portuguese Minister of Transport and President-in-Office of the Transport Council, Mr Jorge Coelho, replying to the author of this question, expressed his support for this Portuguese proposal for a Lisbon-La Coruæa link, in the context of the need to define a joint project for the creation of a high-speed rail connection between the Iberian peninsula and the European heartland, to be implemented immediately by the Spanish and Portuguese governments. Can the Council state what progress has been made on this matter? Can it also state what potential political and economic obstacles need to be overcome or removed with a view to the implementation of this project, which is of vital importance for the economic and social development of the Portuguese regions and of Galicia, given that the Atlantic seaboard area is home to 11millionpeople and is of major strategic importance for the Union? Reply (29 September 2000) A high-speed rail network was provided for in the Community guidelines for the development of the trans-European transport network (Decision No 1692/96/EC of the European Parliament and of the Council of 23 July 1996) (1). However, a line such as that mentioned in the Honourable Member(cid:146)s question is not included. New guidelines concerning the trans-European transport network are currently being prepared by the Commission, and the Council expects the relevant proposals to be referred to it. The Council will give its opinion when the time comes and is therefore not able at this juncture to anticipate what its position will be. The Council will nevertheless bear the Honourable Member(cid:146)s question in mind when looking at all aspects of the matter as a whole. (1) OJ L 228, 9.9.1996.
http://publications.europa.eu/resource/cellar/623cd7d5-bda6-48ec-aff5-698fbed8d386
92000E001948
WRITTEN QUESTION P-1948/00 by Antonio Tajani (PPE-DE) to the Commission. Restitution of real property expropriated by the Yugoslavian Communist regime.
2000-06-07
eng
[ "European Parliament", "Provisional data" ]
[]
[]
[]
[ "html", "pdf", "print" ]
[ "Slovenia", "accession negotiations", "discrimination on the basis of nationality", "expropriation", "indemnification" ]
[ "5898", "6708", "5592", "948", "1339" ]
6.3.2001 EN Official Journal of the European Communities C 72 E/155 (2001/C 72 E/195) WRITTEN QUESTION E-1946/00 by Luis Berenguer Fuster (PSE) to the Commission (16 June 2000) Subject: Assessment of the costs of transition to competition in the acquisition of a Spanish electricity firm According to information in the Spanish press, the purchase price of HidrocantÆbrica by Uni(cid:243)n Fenosa increased by Ptas 200 000 million as a result of the assessment of its CTCs. In the Commission(cid:146)s opinion, is this relevant to an assessment of the compatibility of these aids with the Treaty? Answer given by Mr Monti on behalf of the Commission (19 July 2000) It was widely reported in the press that the acquisition of a Spanish electricity firm to which the Honourable Member refers did not go ahead in the end because the Spanish authorities were unwilling to authorise it. Under the circumstances, the Commission takes the view that the question as to the impact, if any, of the operation on the costs of transition to competition (CTCs) in the Spanish electricity market is of no relevance. In such an operation the purchase price is freely determined by the parties involved, who value the target business in the light of their own criteria. Such criteria could in no way commit the Commission, which has not yet taken any decision on CTCs from the viewpoint of state aid. (2001/C 72 E/196) WRITTEN QUESTION P-1948/00 by Antonio Tajani (PPE-DE) to the Commission (7 June 2000) Subject: Restitution of real property expropriated by the Yugoslavian Communist regime Slovenian law provides at present that real property expropriated by the Communist regime must be restored to its rightful owners or their heirs and successors. Under that law only persons who were Yugoslavian citizens at the date of expropriation are deemed to be entitled to such restitution. As a result, all persons who did not have Yugoslavian citizenship at that time are barred from restitution, even though they are Italian citizens or nationals of other Community Member States. Objective discrimination of this kind based on a citizenship requirement for recognition of the right to the restitution of expropriated property is clearly in breach both of the general principles of international law and of individuals on grounds of nationality in the exercise of their property rights. the specific Community rules prohibiting discrimination against Can the Commission state: (cid:129) whether, during the negotiations in progress between the Community and the Republic of Slovenia with a view to an association agreement with the latter, an item has been placed on the agenda requiring the removal from the Slovenian legal system of all discrimination against European citizens in the implementation of the procedure governing the restitution, in kind or equivalent, of real property expropriated by the Yugoslavian Communist regime? (cid:129) if this issue is already the subject of negotiations, what stage has been reached in those negotiations? C 72 E/156 Official Journal of the European Communities EN 6.3.2001 Answer given by Mr Verheugen on behalf of the Commission (4 July 2000) The accession negotiations embrace all areas of Community legislation and policy, that is the (cid:145)acquis(cid:146), which each applicant will have to adopt and implement fully by the time of accession to the Union. Property restitution is not covered by the (cid:145)acquis(cid:146) and the matter is not currently being dealt with in the accession negotiations. The Commission is following the developments with regard to restitution of property in the context of its bilateral relations with Slovenia. This issue has recently been raised at the last meeting of the Community- Slovenia Association Council held in Luxembourg on 14 June 2000 where the Commission recommended to Slovenia to speed up the process of property restitution and to clarify the legal situation in this respect. (2001/C 72 E/197) WRITTEN QUESTION E-1949/00 by Ulla Sandb(cid:230)k (EDD) to the Commission (16 June 2000) Subject: Biomedical ethics and bioethics the aims of and Council Decision No 182/1999/EC (1) of One of 22 December 1998 concerning the fifth framework programme for research is (cid:145)the study of problems relating to biomedical ethics and bioethics in the context of respect for fundamental human values.(cid:146) the European Parliament I have the impression, however, that this area has gradually been downgraded in terms of priority. While the fourth framework programme for research had an allocation of € 30 million, the fifth framework programme has only € 10 million. Of this sum only € 2,5 million had been distributed at the time of the last disbursement, which means that only very few projects can benefit. Firstly, how and to what extent was the GAEIB(cid:146)s opinion No 10 taken as the basis for the current priorities in this area and, secondly, how does the Commission envisage biomedical ethics and bioethics being retained as a research sector? (1) OJ L 26, 1.2.1999, p. 1. Answer given by Mr Busquin on behalf of the Commission (18 July 2000) The Honourable Member correctly points out that under the fifth framework programme for research the level of financial support so far attributed to the study of problems relating to (cid:145)biomedical ethics and bioethics in the context of fundamental human values(cid:146) has been at a lower level than in the previous framework programme. This is mainly due to the limited funding available for the whole area of generic activities in the programme (cid:145)Quality of life and management of living resources(cid:146) (QoL) of which research on biomedical ethics and bioethics is just one part. As outlined in the Commission(cid:146)s communication of January 2000 on the European research area (1), the Commission attaches great importance to the development of a shared vision on ethical issues in Europe, especially in the context of life sciences. Research on bio-ethics will play an indispensable role in this context. Opinion No 10 of the Group of advisors for the ethical implications of biotechnology had indeed drawn the attention of the Commission to the necessity of research.
http://publications.europa.eu/resource/cellar/937c081a-eed7-4e3b-ac85-6d7090188c78
92000E001979
WRITTEN QUESTION P-1979/00 by Bart Staes (Verts/ALE) to the Commission. Participation of Commission officials in local elections in the Belgian federation.
2000-06-07
eng
[ "European Parliament", "Provisional data" ]
[]
[]
[]
[ "html", "pdf", "print" ]
[ "European Commission", "European official", "local election", "regulations for civil servants", "right to stand for election" ]
[ "4038", "1048", "699", "4271", "717" ]
C 89 E/122 Official Journal of the European Communities EN 20.3.2001 (2001/C 89 E/133) WRITTEN QUESTION P-1979/00 by Bart Staes (Verts/ALE) to the Commission (7 June 2000) Subject: Participation of Commission officials in local elections in the Belgian federation Under Article 19(1) of the EC Treaty, EU citizens have the right to vote and stand for election in the Belgian federation. However, the Commission has reportedly issued an internal rule making it very unattractive for Commission officials to stand as candidates. If they decide to do so they have to take three months(cid:146) unpaid leave. This action is totally at odds with the concern to integrate EU citizens, thus including Commission officials, in the social fabric of their place of residence. It also fundamentally undermines the involvement of officials in the local decision-making process. 1. Has the Commission issued an internal rule that requires its officials to take three months(cid:146) unpaid leave if they stand for election to communes and/or public social welfare centre councils in the Belgian federation? If so, what is the actual wording of this internal rule? 2. Does the Commission accept that a rule of this kind conflicts with the concern to integrate EU citizens, including Commission officials, fully in the social fabric of their place of residence? If not, how are we to reconcile the requirement to take three months(cid:146) unpaid leave with the concern to integrate EU citizens, including Commission officials, in the social fabric of their place of residence? 3. Does the Commission accept that a rule of this kind fundamentally undermines the involvement of officials in the local decision-making process? If so, will the Commission withdraw the rule concerned? If not, how are we to reconcile the requirement to take three months(cid:146) unpaid leave with the concern to involve Commission officials fully in the local decision-making process? Answer given by Mr Kinnock on behalf of the Commission (13 July 2000) The Commission has issued no internal rule of the kind mentioned by the Honourable Member. The only relevant provisions in the Staff Regulations (cid:129) which are applicable to officials of all Institutions and not only the Commission (cid:129) are to be found in Article 15 which states that (cid:145)An official who is a candidate for elective public office shall apply for leave on personal grounds for a period not exceeding three months. The appointing authority shall consider the case of any official elected to such office. The appointing authority shall, having regard to the importance of the office and the duties it entails for the holder, decide whether the official should continue in active employment or should apply for leave on personal grounds. In the latter case, the duration of the leave shall be equal to the term for which the official has been elected(cid:146). These provisions mean that the Commission does allow officials to participate in public affairs at their place of residence, having taken account of issues such as whether the potential candidates for election seek to devote themselves full time to a campaign, the nature and duties of the elective office sought and, consequently, whether the officials(cid:146) availability to their Institution would be unduly compromised. is elected to public office, the Commission assesses whether the work In addition, when an official involved in discharging the elective functions will encroach on the person(cid:146)s professional obligations to the Institution or if these functions are likely in some way to be prejudicial to the Institution. The Commission then decides whether an official can be kept in active employment or whether it has to require them to apply for leave on personal grounds throughout the period that they hold the office. However, it should be noted that it is very rare for such a situation to arise in the case of election at local representative level. 20.3.2001 EN Official Journal of the European Communities C 89 E/123 These are the only cases relating to participation in public affairs in which officials are required to make application to take leave on personal grounds. The Commission believes that these rules leave sufficient freedom and margin for discretion both for candidates in local elections and for their employer. The Commission consequently considers that these rules do not unreasonably impede the right of officials to be politically active, or to be candidates for election, or to be elected representatives at any level, and do not conflict with the involvement of officials in the public life and democratic processes of the Member States in which they reside. The Commission is not, therefore, giving consideration to changing these rules. The only action taken by the Commission in anticipation of the forthcoming local council elections in Belgium was to assist officials by sending out an Information Notice on the internal Netscape drawing attention to the fact that (cid:145)On 27 January 1999, Belgium adopted a law implementing Council Directive 94/ 80/EC of 19 December 1994 whereby non-Belgian citizens of the European Union residing in Belgium may exercise the right to vote in local elections(cid:146) and advising officials who fulfil the Union citizen, residence and other qualifications of their rights to register for a vote, to vote, and to stand as candidates. (2001/C 89 E/134) WRITTEN QUESTION E-1981/00 by Freddy Blak (PSE) to the Council (21 June 2000) Subject: Rules governing working hours of professional drivers Surveys by an international research team show that tiredness is the cause of far more traffic accidents on Europe(cid:146)s roads than previously assumed. Tired motorists are to blame for around 100 000 road accidents each year. One survey shows that accidents caused by tiredness are not due primarily to long working hours but rather to the time of day or night, the number of hours that have elapsed since getting up and the length of time previously spent asleep. It is therefore extremely important to regulate rest periods for professional drivers in Europe. The driving and rest periods of professional drivers are at present regulated by a number of directives (cid:129) and yet coverage is still patchy. The new proposal for a directive on the working hours of professional drivers is at present held up in the Council (transport). When will the negotiations get going again so that all professional drivers can be covered by a single directive? What thought is being given to ensuring that professional drivers from third countries are brought within the scope of these provisions as rapidly as possible? Reply (23 October 2000) At present all drivers engaged in transporting goods by road within the Community are subject to the same rules as regards driving hours and rest periods, namely the common rules laid down by Regulation (EEC) No 3820/85 (1). That Regulation permits Member States to lay down stricter rules for national transport. Drivers from third countries which are parties to the European Agreement concerning the Work of Crews of Vehicles engaged in International Road Transport (AETR) are subject to similar provisions.
http://publications.europa.eu/resource/cellar/8c150aa6-252c-48ac-9ac5-50272b216823
32000R1200
http://data.europa.eu/eli/reg/2000/1200/oj
Commission Regulation (EC) No 1200/2000 of 7 June 2000 fixing the export refunds on white sugar and raw sugar exported in its unaltered state
2000-06-07
eng
[ "European Commission" ]
[]
[]
[]
[ "pdf", "print" ]
[ "export refund", "raw sugar", "white sugar" ]
[ "3568", "4316", "4315" ]
L 135/6 EN Official Journal of the European Communities 8.6.2000 COMMISSION REGULATION (EC) No 1200/2000 of 7 June 2000 fixing the export refunds on white sugar and raw sugar exported in its unaltered state THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 2038/1999 of 13 September 1999 on the common organisation of the markets in the sugar sector (1), and in particular point (a) of the second subparagraph of Article 18(5) thereof, Whereas: (1) (2) (3) Article 18 of Regulation (EC) No 2038/1999 provides that the difference between quotations or prices on the world market for the products listed in Article 1(1)(a) of that Regulation and prices for those products within the Community may be covered by an export refund. Regulation (EC) No 2038/1999 provides that when refunds on white and raw sugar, undenatured and exported in its unaltered state, are being fixed account must be taken of the situation on the Community and world markets in sugar and in particular of the price and cost factors set out in Article 19 of that Regulation; whereas the same Article provides that the economic aspect of the proposed exports should also be taken into account. The refund on raw sugar must be fixed in respect of the standard quality; the latter is defined in Article 1 of Council Regulation (EC) No 431/68 of 9 April 1968 determining the standard quality for raw sugar and fixing the Community frontier crossing point for calcu- lating cif prices for sugar (2), as amended by Regulation (EC) No 3290/94 (3); furthermore, this refund should be fixed in accordance with Article 19(4) of Regulation (EC) No 2038/1999; candy sugar is defined in Commission Regulation (EC) No 2135/95 of 7 September 1995 laying down detailed rules of application for the grant of export refunds in the sugar sector (4); the refund thus calculated for sugar containing added flavouring or colouring matter must apply to their sucrose content and, accordingly, be fixed per 1 % of the said content. The world market situation or the specific requirements of certain markets may make it necessary to vary the refund for sugar according to destination. In special cases, the amount of the refund may be fixed by other legal instruments. The refund must be fixed every two weeks; whereas it may be altered in the intervening period. It follows from applying the rules set out above to the present situation on the market in sugar and in partic- ular sugar within the Community and on the world market that the refund should be as set out in the Annex hereto. to quotations or prices for The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar, (4) (5) (6) (7) (8) HAS ADOPTED THIS REGULATION: Article 1 The export refunds on the products listed in Article 1(1)(a) of Regulation (EC) No 2038/1999, undenatured and exported in the natural state, are hereby fixed to the amounts shown in the Annex hereto. This Regulation shall enter into force on 8 June 2000. Article 2 This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 7 June 2000. For the Commission Franz FISCHLER Member of the Commission (1) OJ L 252, 25.9.1999, p. 1. (2) OJ L 89, 10.4.1968, p. 3. (3) OJ L 349, 31.12.1994, p. 105. (4) OJ L 214, 8.9.1995, p. 16. 8.6.2000 EN Official Journal of the European Communities L 135/7 to the Commission Regulation of 7 June 2000 fixing the export refunds on white sugar and raw sugar exported in its unaltered state ANNEX Product code 1701 11 90 9100 1701 11 90 9910 1701 11 90 9950 1701 12 90 9100 1701 12 90 9910 1701 12 90 9950 Amount of refund — EUR/100 kg — 38,78 37,75 38,78 37,75 (1) (1) (2) (1) (1) (2) 1701 91 00 9000 0,4216 — EUR/1 % of sucrose × 100 kg — 1701 99 10 9100 1701 99 10 9910 1701 99 10 9950 — EUR/100 kg — 42,16 43,26 41,27 1701 99 90 9100 0,4216 — EUR/1 % of sucrose × 100 kg — (1) Applicable to raw sugar with a yield of 92 %; if the yield is other than 92 %, the refund applicable is calculated in accordance with the provisions of Article 19 (4) of Regulation (EC) No 2038/1999. (2) Fixing suspended by Commission Regulation (EEC) No 2689/85 (OJ L 255, 26.9.1985, p. 12), as amended by Regulation (EEC) No 3251/85 (OJ L 309, 21.11.1985, p. 14).
http://publications.europa.eu/resource/cellar/344eac5b-8f22-4541-a5e4-875e4a314116
32000R1204
http://data.europa.eu/eli/reg/2000/1204/oj
Commission Regulation (EC) No 1204/2000 of 7 June 2000 fixing the import duties in the rice sector
2000-06-07
eng
[ "European Commission" ]
[]
[]
[]
[ "pdf", "print" ]
[ "CCT duties", "import", "import price", "rice" ]
[ "4080", "1309", "2635", "3732" ]
L 135/18 EN Official Journal of the European Communities 8.6.2000 COMMISSION REGULATION (EC) No 1204/2000 of 7 June 2000 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 Regulation (EC) No 2072/98 (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) (2) 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; whereas, however, in the case of the products referred to in paragraph 2 of that Article, the import duty is to be equal to the interven- tion 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. 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) (4) (5) (6) 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. The import duties are applicable until new duties are fixed and enter into force; whereas 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 peri- odical fixing. 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. 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 8 June 2000. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 7 June 2000. For the Commission Franz FISCHLER Member of the Commission (1) OJ L 329, 30.12.1995, p. 18. (2) OJ L 265, 30.9.1998, p. 4. (3) OJ L 189, 30.7.1996, p. 71. (4) OJ L 351, 29.12.1998, p. 25. 8.6.2000 EN Official Journal of the European Communities L 135/19 ANNEX I Import duties on rice and broken rice (EUR/t) CN code 1006 10 21 1006 10 23 1006 10 25 1006 10 27 1006 10 92 1006 10 94 1006 10 96 1006 10 98 1006 20 11 1006 20 13 1006 20 15 1006 20 17 1006 20 92 1006 20 94 1006 20 96 1006 20 98 1006 30 21 1006 30 23 1006 30 25 1006 30 27 1006 30 42 1006 30 44 1006 30 46 1006 30 48 1006 30 61 1006 30 63 1006 30 65 1006 30 67 1006 30 92 1006 30 94 1006 30 96 1006 30 98 1006 40 00 Third countries (except ACP and Bangladesh) (3) (7) (7) (7) (7) (7) (7) (7) (7) 150,46 150,46 150,46 224,75 150,46 150,46 150,46 224,75 (7) (7) (7) (7) (7) (7) (7) (7) (7) (7) (7) (7) (7) (7) (7) (7) (7) ACP (1) (2) (3) 76,44 76,44 76,44 76,44 76,44 76,44 76,44 76,44 48,32 48,32 48,32 74,32 48,32 48,32 48,32 74,32 146,86 146,86 146,86 146,86 146,86 146,86 146,86 146,86 146,86 146,86 146,86 146,86 146,86 146,86 146,86 146,86 45,38 Duties (5) Bangladesh (4) Basmati India and Pakistan (6) 0,00 0,00 111,06 111,06 111,06 111,06 111,06 111,06 111,06 111,06 70,89 70,89 70,89 108,04 70,89 70,89 70,89 108,04 212,59 212,59 212,59 212,59 212,59 212,59 212,59 212,59 212,59 212,59 212,59 212,59 212,59 212,59 212,59 212,59 (7) Egypt (8) 173,10 173,10 173,10 173,10 173,10 173,10 173,10 173,10 112,85 112,85 112,85 168,57 112,85 112,85 112,85 168,57 341,25 341,25 341,25 341,25 341,25 341,25 341,25 341,25 341,25 341,25 341,25 341,25 341,25 341,25 341,25 341,25 105,00 (1) The duty on imports of rice originating in the ACP States is applicable, under the arrangements laid down in Council Regulation (EC) No 1706/98 (OJ L 215, 1.8.1998, p. 12) and amended Commission Regulation (EC) No 2603/97 (OJ L 351, 23.12.1997, p. 22). (2) In accordance with Regulation (EC) No 1706/98, the duties are not applied to products originating in the African, Caribbean and Pacific States and imported directly into the overseas department of Réunion. (3) The import levy on rice entering the overseas department of Réunion is specified in Article 11(3) of Regulation (EC) No 3072/95. (4) The duty on imports of rice not including broken rice (CN code 1006 40 00), originating in Bangladesh is applicable under the arrangements laid down in Council Regulation (EEC) No 3491/90 (OJ L 337, 4.12.1990, p. 1) and amended Commission Regulation (EEC) No 862/91 (OJ L 88, 9.4.1991, p. 7). (5) No import duty applies to products originating in the OCT pursuant to Article 101(1) of amended Council Decision 91/482/EEC (OJ L 263, 19.9.1991, p. 1). (6) For husked rice of the Basmati variety originating in India and Pakistan, a reduction of EUR/t 250 applies (Article 4a of amended Regulation (EC) No 1503/96). (7) Duties fixed in the Common Customs Tariff. (8) The duty on imports of rice originating in and coming from Egypt is applicable under the arrangements laid down in Council Regulation (EC) No 2184/96 (OJ L 292, 15.11.1996, p. 1) and Commission Regulation (EC) No 196/97 (OJ L 31, 1.2.1997, p. 53). L 135/20 EN Official Journal of the European Communities 8.6.2000 ANNEX II Calculation of import duties for rice 1. Import duty (EUR/tonne) (1) 224,75 455,00 150,46 455,00 (1) Paddy Indica rice Japonica rice Husked Milled Husked Milled Broken rice 2. Elements of calculation: (a) Arag cif price (EUR/tonne) (b) fob price (EUR/tonne) (c) Sea freight (EUR/tonne) (d) Source (1) Duties fixed in the Common Customs Tariff. — — — — 323,08 275,11 421,72 310,54 — — — — 390,09 278,91 31,63 31,63 USDA USDA Operators Operators — — — —
http://publications.europa.eu/resource/cellar/568d456c-c88d-4316-8a4d-b37ac1763a4e
52000PC0335
Proposal for a Council Decision on the Programme relating to the Community framework strategy on gender equality (2001-2005)
2000-06-07
eng
[ "European Commission" ]
[]
[]
[]
[ "pdf", "print" ]
[ "EU action", "EU initiative", "EU policy", "EU programme", "gender equality" ]
[ "5413", "5674", "2451", "5315", "3913" ]
C 337 E/196 EN Official Journal of the European Communities 28.11.2000 Proposal for a Council Decision on the Programme relating to the Community framework strategy on gender equality (2001-2005) (2000/C 337 E/31) (Text with EEA relevance) COM(2000) 335 final (cid:15) 2000/0143(CNS) (Submitted by the Commission on 7 July 2000) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 13 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament, Having regard to the opinion of Committee, the Economic and Social Having regard to the opinion of the Committee of the Regions, Whereas: (1) The principle of equal treatment for women and men is a fundamental principle of Community law and the Directives and other acts adopted in keeping with it have played a major part in improving the situation of women. (2) Experience of action at Community level has shown that promoting gender equality in practice calls for a combi- nation of measures and, in particular, of legislation and practical action designed to reinforce each other. (3) The persistence of the continuation and strengthening of Community action in the field. inequality justifies gender (4) The European Parliament, in its resolution on the interim report on the implementation of the medium-term Community action programme on equal opportunities for men and women (1996-2000) (1), has called on the Commission to submit a proposal for a fifth action programme. (5) The Council, in its conclusions of 22 October 1999 has stressed the importance of a new action programme to promote equality for women and men. (6) The new Community strategy for gender equality (2) is embodied in a framework strategy that embraces all Community policies in its efforts to achieving gender equality and in this Programme, that will provide the structure for the horizontal and coordinating activities necessary to ensure coherence and to develop synergies with regard to the gender-related activities of all Community policies. (7) In order to reinforce the added value of Community in cooperation with the the all the Commission, action, Member ensure, should States, levels, at coherence and complementarity of actions implemented this Decision and other relevant in the framework of Community in and policies, particular those under Articles 125 to 130 of the Treaty concerning a coordinated strategy for employment, and under the European Social Fund. instruments actions, (8) It is necessary for the success of any Community action for the results to be monitored and evaluated against the aims. for (9) In accordance with Article 2 of Council Decision 1999/468/EC of 28 June 1999 laying down the implementing powers procedures conferred on the Commission (3); measures the implementation of this Decision should be adopted by use of the advisory procedure provided for in Article 3 of that Decision. the exercise of for (10) Provision should be made to open up this Programme to the applicant countries of Central and Eastern Europe, in accordance with the conditions established in the Europe in their additional protocols and in the Agreements, decisions of to the respective Association Councils, Cyprus, Malta and Turkey, funded by additional appro- to be in accordance with the procedures priations agreed with those countries. (11) In accordance with the principles of subsidiarity and proportionality as set out in Article 5 of the Treaty, the the proposed action by the Community, objective of namely to promote gender equality, cannot be sufficiently achieved by the Member States by reason of, inter alia, the need for multilateral partnerships, transnational exchange of information and Community-wide dissemination of good practice, and can therefore, by reason of the scale the action, be better achieved by the and effects of Community. This Decision the confines minimum required in order to achieve that objective that and does not go beyond what purpose, is necessary for itself to HAS ADOPTED THIS DECISION: Article 1 Establishment of a Programme This Decision establishes a Programme to promote gender equality, hereinafter referred to as ?the Programme@, for the period from 1 January 2001 to 31 December 2005. (1) A4-0194/99-PE 230 041/DEF, OJ C 279, 1.10.1999, p. 88. (2) COM(2000) 335 final. (3) OJ L 184, 17.7.1999, p. 23. 28.11.2000 EN Official Journal of the European Communities C 337 E/197 Article 2 Principles (b) Analysis and evaluation 1. The Programme is related to the Community’s overall strategy on gender equality, which embraces all Community policies geared to achieving gender equality, including gender mainstreaming policies and specific actions targeted at women. 2. The Programme shall coordinate, support and finance horizontal and coordinating activities under the fields of inter- vention of the Community strategy on gender equality. These are economic life, equal participation and representation, social rights, civil life, gender roles and stereotypes. Gender equality in the enlargement of the Community as well as the gender dimension of the Community’s external relations and devel- opment cooperation policies are horizontal issues which will permeate all areas of intervention of the framework strategy. Article 3 Objectives tools Analysis of factors and policies relating to gender equality, including the collection of statistics, studies, gender impact assessment, of and mechanisms, indicators and benchmarks and effective dissemination of results. This will also include monitoring of the implemen- tation and application of Community equality law by evaluating legislation and practice in order to assess their impact and effectiveness. development (c) Capacity building Transnational cooperation between key players through the promotion of networking and exchange of experiences at social Community level between national partners and non-governmental organisations. authorities, Arrangements for 2. described in paragraph 1 are set out in the Annex. the implementation of the actions The Programme shall have the following objectives: Article 5 (a) To promote and disseminate the values and practices underlying gender equality; Implementation of the Programme and cooperation with Member States 1. The Commission shall: (b) To improve the understanding of issues related to direct and indirect gender discrimination by determining where it exists and to what extent and by evaluating the effectiveness of policies and practice; (a) ensure the implementation of the Community actions covered by this Programme in accordance with the Annex; (c) To develop the capacity of key players (independent bodies responsible for the promotion of gender equality, social partners and non-governmental organisations, especially at national, to promote gender equality effectively, in particular through support for the exchange of information and good practice and networking at Community level. regional and local levels) Article 4 Community actions 1. With a view to achieving the objectives set out in Article 3, the following actions will be implemented within a trans- national framework: (a) Awareness-raising Primarily by emphasising the Community dimension of the promotion of gender equality and by publicising the results of through publications, in particular the Programme, campaigns and events. (b) regularly exchange views with the Members of the Committee referred to in Article 6, with representatives of social partners at Community level and non-govern- and mental follow-up of the Programme and on related policy orien- tations. implementation organisations the on (c) promote active partnership and dialogue between all the partners to encourage an integrated and coordinated approach to promote gender equality. Programme, involved in the inter alia The Commission, in cooperation with the Member States, 2. shall take the necessary steps to: (a) promote the involvement in the Programme of all the parties concerned; (b) ensure the dissemination of the results of the actions undertaken within this Programme; (c) provide appropriate information, publicity and follow-up with regard to actions supported by this Programme. C 337 E/198 EN Official Journal of the European Communities 28.11.2000 Article 6 Committee 1. The Commission shall be assisted by a committee the Member States and composed of chaired by the representative of the Commission (hereinafter referred to as ?the Committee@). representatives of 2. Where reference is made to this paragraph, the advisory procedure laid down in Article 3 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 7 thereof. The Member States shall make all possible efforts to 3. ensure consistency and complementarity between activities under this Programme and those carried out at national, regional and local levels. Article 8 Participation of EFTA/EEA countries, the associated countries of Central and Eastern Europe, Cyprus, Malta and Turkey This Programme shall be open to the participation of: The representative of the Commission shall in particular 3. consult the Committee on: (a) the EFTA/EEA countries in accordance with the conditions established in the EEA Agreement; (a) the general guidelines for the implementation of the Programme; (b) the annual budgets and the distribution of funding between measures; (c) the annual plan of work for the implementation of the Programme’s actions. (b) the applicant countries of Central and Eastern Europe (CEECs) in accordance with the conditions established in the European Agreements, in their additional protocols and in the decisions of the respective Association Councils; (c) Cyprus, Malta and Turkey, funded by additional appro- priations in accordance with procedures to be agreed with those countries. 4. The representative of the Commission shall also consult the Committee on other appropriate matters concerning the implementation of this Programme. Article 9 Monitoring and evaluation 5. To ensure the consistency and complementarity of this Programme with other measures referred to in Article 7, the Commission shall keep the Committee regularly informed about other Community action contributing to promote the Commission shall gender equality. Where appropriate, establish regular and structured cooperation between this Committee and the monitoring committees established for other relevant policies, instruments and actions. Article 7 Consistency and complementarity 1. The Commission shall, in cooperation with the Member States, ensure overall consistency with other Union and Community policies, instruments and actions, in particular by the establishing in activities of particular relating to research, employment, non-discrimi- nation, social inclusion, education, training and youth policy, justice and home affairs and in the field of enlargement and of the Community’s external relations. appropriate mechanisms this Programme with relevant coordinate activities to this Programme 2. The Commission and the Member States shall ensure consistency and complementarity between action undertaken under relevant Union and Community actions, in particular under the Structural Funds, the Community Initiative EQUAL and the Community action programme to combat discrimination (2001-2006). and other The Commission shall regularly monitor this Programme 1. in cooperation with the committee referred to in Article 6. the end of The Programme shall be evaluated by the Commission at 2. the Programme with the its mid-term and at assistance of independent experts. The evaluation will assess the relevance and effectiveness of actions implemented with regard to the objectives referred to in Article 2. It will also examine the impact of the Programme as a whole. The evaluation will also examine the complementarity between action under this Programme and that pursued under other relevant Community policies, instruments and actions. The Commission shall submit an interim evaluation 3. report by 31 December 2003 at the latest to the European Parliament, the Council, the Economic and Social Committee and the Committee of Regions. 4. The Commission shall submit a final evaluation report on the Framework Strategy and the Programme to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions by 31 December 2006 at the latest. Article 10 Addressees This Decision is addressed to the Member States. 28.11.2000 EN Official Journal of the European Communities C 337 E/199 ANNEX I. AREAS OF ACTION The Programme may operate in one or more of the following fields of intervention: 1. Economic life The area relates to the remaining gender gaps in the labour market and the ways to tackle them. The aims are to increase the employment rate of women, to reduce the unemployment rates among women, the gender segre- gation of the labour market and the gender pay gap. 2. Equal participation and representation The area addresses the lack of women’s participation in decision-making bodies. The actions deal with strategies to promote women in political, economic and social decision-making, including activities in external relations and development cooperation. 3. Social rights Effective gender mainstreaming needs to be applied to all policy areas which have an impact on women’s daily life such as transport, public health and the fight against discrimination on other grounds. The actions will aim at in particular on social protection and in the areas of improving the application of Community legislation, parental leave, maternity protection and working time. 4. Civil life The area addresses the enforcement of the human rights of women. The actions will promote the recognition of human rights of women, enforce equal opportunity rights and strengthen the fight against gender-related violence and trafficking in women. 5. Gender roles and stereotypes The area addresses the stereotyped images of women and men and the need to change behaviour, attitudes, norms and values which define and influence gender roles in the society. The actions cover gender main- streaming, in particular in education, training, culture, science, media and sport policies. II. TYPES OF ACTION The following measures may be supported by the Programme, in a transnational framework: Strand 1 (cid:15) Awareness raising 1. The organisation of conferences, seminars and events at European level; 2. The organisation of a European Equality week at Community level and in each Member State at the same time under the same topic coordinated by the Commission and conducted by the responsible authority in each individual Member State; 3. The organisation of European media campaigns and events to support the transnational exchange of information and the identification and dissemination of good practice, including the award of an annual prize to companies successful in promoting gender equality and with a view to strengthen the visibility of gender issues; 4. The publication of materials to disseminate the results of the Programme, including the construction of an Internet site providing examples of good practice, a forum for the exchange of ideas and a database of potential partners for transnational exchange actions as well as e-links to the existing relevant websites in the Member States; 5. The implementation of transnational initiatives such as meetings, seminars, campaigns, etc., on particular topics approved annually, after discussion with the Committee of the Programme. The aim of these activities is to support and improve the synergy among national policies on gender equality and to develop a Community added value; 6. Organisation of seminars in support of the implementation of Community law in the field of gender equality. C 337 E/200 EN Official Journal of the European Communities 28.11.2000 Strand 2 (cid:15) Analysis and evaluation 1. The development and dissemination of comparable statistics, broken down by sex, statistical series on women and men’s situation in different policy areas; 2. The development and dissemination of methodologies and indicators for evaluating the effectiveness of gender equality policies and practice (benchmarking); 3. The analysis of women’s situation in the labour market, implementation of equality legislation in the Member States, influence and impact of social protection and taxation on women and mens and advancement of women in decision-making levels will be carried out and the results and lessons learned will be disseminated; 4. The collection and evaluation of updated information and experience on successful initiatives, methods and including overcoming gender stereotypes and promoting techniques related with women and the media, positive portrayals of women and men in the media; 5. The publication of an Annual Report on Gender Equality in the European Union, including the progress towards reaching the benchmarks and the evaluation of the results achieved; 6. The realisation of thematic studies on the target areas comparing and contrasting approaches within and across Member States and applicant countries. In implementing this strand the Commission will, in particular, ensure consistency and complementarity with the activities conducted by other Commission services or by European agencies; in particular, the European Foundation for the Improvement of working and living conditions and the Community RTD Framework programme. Strand 3 (cid:15) Strengthening capacity The following measures may be supported in order to improve the capacity and effectiveness of key players involved in promoting gender equality: D Transnational exchange actions, involving a wide range of players, to transfer information, lessons learned and good practice. These activities may be conducted by NGOs or social partners at European level and transnational networks of regional or local authorities and of organisations which aim to promote gender equality. D These activities may include comparison of the effectiveness of processes, methods and tools related to the chosen themes, mutual transfer and application of good practice, exchanges of personnel, joint development of products, processes, strategy and methodology, adaptation to different contexts of methods, tools and processes identified as good practice, and/or dissemination of results, profile-raising materials and events. III. METHOD OF PRESENTING APPLICATIONS FOR SUPPORT Strand 1: Actions (2), (3) and (4) of this strand will be implemented in response to open calls for tenders. Actions (5) and (6), to be implemented by the Member State authorities in charge of gender equality or by equality bodies, may be subsidised in response to restricted calls for proposals addressed to the Member States. Strand 2: Actions under this strand will be implemented via the Commission, normally in response to calls for tenders. Action (1) will be implemented following the relevant Eurostat procedures. Strand 3: Strand 3 will be implemented in response to open calls for proposals organised by the Commission, which will vet the proposals. The actions may be implemented by NGOs or social partners at European level, transnational networks of regional or local authorities or by transnational networks of organisations, which aim to promote gender equality 28.11.2000 EN Official Journal of the European Communities C 337 E/201 IV. CARRYING OUT THE ACTIONS 1. The actions to be taken may be funded by service contracts following calls for tender or by subsidies for joint financing with other sources. In the latter case, the level of financial assistance by the Commission may not exceed, as a general rule, 80 % of the expenditure actually incurred by the recipient. 2. In carrying out the Programme, the Commission may require additional resources, including recourse to experts. These requirements will be decided in the context of the Commission’s ongoing assessment of resource allocation. 3. In carrying out the Programme, the Commission may have recourse to technical and/or administrative assistance, the beneficiaries, related to identification, preparation, the Commission and of to the mutual benefit of management, monitoring, audit and control. 4. The Commission may also undertake information, publication and dissemination actions. It may also undertake evaluation studies and organise seminars, colloquia or other meetings of experts. 5. The Commission will prepare annual work plans setting out the priorities and actions to be undertaken. Moreover, it will also specify the arrangements and criteria to be applied in selecting and financing actions under this Programme. In so doing, it will seek the opinion of the Committee mentioned in Article 6. 6. Actions undertaken will fully respect the principles of data protection.
http://publications.europa.eu/resource/cellar/49f15fb2-c932-475a-a4e8-08fe159d7265
32000R1197
http://data.europa.eu/eli/reg/2000/1197/oj
Commission Regulation (EC) No 1197/2000 of 7 June 2000 establishing the standard import values for determining the entry price of certain fruit and vegetables
2000-06-07
eng
[ "European Commission" ]
[]
[]
[]
[ "pdf", "print" ]
[ "citrus fruit", "fruit vegetable", "import price", "pip fruit", "stone fruit", "third country" ]
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8.6.2000 EN Official Journal of the European Communities L 135/1 I (Acts whose publication is obligatory) COMMISSION REGULATION (EC) No 1197/2000 of 7 June 2000 establishing the standard import values for determining the entry price of certain fruit and vegetables THE COMMISSION OF THE EUROPEAN COMMUNITIES, (2) Having regard to the Treaty establishing the European Community, the standard In compliance with the above criteria, import values must be fixed at the levels set out in the Annex to this Regulation, Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the last import arrangements amended by Regulation (EC) No 1498/98 (2), and in particular Article 4(1) thereof, fruit and vegetables (1), as for HAS ADOPTED THIS REGULATION: Article 1 Whereas: (1) Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade nego- tiations, the criteria whereby the Commission fixes the in standard values for imports from third countries, respect of the products and periods stipulated in the Annex thereto. The standard import values referred to in Article 4 of Regula- tion (EC) No 3223/94 shall be fixed as indicated in the Annex hereto. Article 2 This Regulation shall enter into force on 8 June 2000. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 7 June 2000. For the Commission Franz FISCHLER Member of the Commission (1) OJ L 337, 24.12.1994, p. 66. (2) OJ L 198, 15.7.1998, p. 4. L 135/2 EN Official Journal of the European Communities 8.6.2000 to the Commission Regulation of 7 June 2000 establishing the standard import values for determining the entry price of certain fruit and vegetables ANNEX CN code 0707 00 05 0709 90 70 0805 30 10 0808 10 20, 0808 10 50, 0808 10 90 0809 10 00 0809 20 95 Third country code (1) Standard import value (EUR/100 kg) 052 628 999 052 999 388 528 999 388 400 404 508 512 528 720 804 999 052 999 052 064 400 999 66,7 125,1 95,9 59,1 59,1 56,2 58,8 57,5 87,8 67,6 86,8 68,6 88,7 87,0 85,4 77,7 81,2 127,8 127,8 300,9 176,7 384,6 287,4 (1) Country nomenclature as fixed by Commission Regulation (EC) No 2543/1999 (OJ L 307, 2.12.1999, p. 46). Code ‘999’ stands for ‘of other origin’.
http://publications.europa.eu/resource/cellar/e4a542cf-3617-47f6-9c32-4e4aa6707832
32000R1198
http://data.europa.eu/eli/reg/2000/1198/oj
Commission Regulation (EC) No 1198/2000 of 7 June 2000 fixing the maximum export refund for white sugar for the 42nd partial invitation to tender issued within the framework of the standing invitation to tender provided for in Regulation (EC) No 1489/1999
2000-06-07
eng
[ "European Commission" ]
[]
[]
[]
[ "pdf", "print" ]
[ "award of contract", "export levy", "export refund", "white sugar" ]
[ "20", "3166", "3568", "4315" ]
8.6.2000 EN Official Journal of the European Communities L 135/3 COMMISSION REGULATION (EC) No 1198/2000 of 7 June 2000 fixing the maximum export refund for white sugar for the 42nd partial invitation to tender issued within the framework of the standing invitation to tender provided for in Regulation (EC) No 1489/1999 THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 2038/1999 of 13 September 1999 on the common organisation of the markets in the sugar sector (1), and in particular the second subpara- graph of Article 18(5) thereof, and world markets in sugar, for the partial invitation to tender in question. (3) (4) Following an examination of the tenders submitted in response to the 42nd partial invitation to tender, the provisions set out in Article 1 should be adopted. The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar, Whereas: (1) (2) Commission Regulation (EC) No 1489/1999 of 7 July 1999 on a standing invitation to tender to determine levies and/or refunds on exports of white sugar (2), requires partial invitations to tender to be issued for the export of this sugar. Pursuant to Article 9(1) of Regulation (EC) No 1489/ 1999 a maximum export refund shall be fixed, as the case may be, account being taken in particular of the state and foreseeable development of the Community HAS ADOPTED THIS REGULATION: Article 1 For the 42nd partial invitation to tender for white sugar issued pursuant to Regulation (EC) No 1489/1999 the maximum amount of the export refund is fixed at 46,269 EUR/100 kg. This Regulation shall enter into force on 8 June 2000. Article 2 This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 7 June 2000. For the Commission Franz FISCHLER Member of the Commission (1) OJ L 252, 25.9.1999, p. 1. (2) OJ L 172, 8.7.1999, p. 27.
http://publications.europa.eu/resource/cellar/ebc9cdc4-71bf-47b8-84c4-c28e2590a43e
52000DC0343
Fifth annual report from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions The European Economic area: financial mechanism
2000-06-07
eng
[ "European Commission" ]
[]
[]
[]
[ "html", "pdf" ]
[ "Community budget", "EU financing", "European Economic Area", "European Investment Bank", "Member States' contribution" ]
[ "5051", "1005", "5618", "4838", "3259" ]
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 07.06.2000 COM(2000) 343 final FIFTH ANNUAL REPORT FROM THE COMMISSION TO THE COUNCIL, THE EUROPEAN PARLIAMENT, THE ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS THE EUROPEAN ECONOMIC AREA FINANCIAL MECHANISM 1. THE FINANCIAL MECHANISM With the objective of stimulating economic cohesion and development between the European Economic Area (EEA) regions, a Financial Mechanism to support development projects in Greece, Ireland, Northern Ireland, Portugal and parts of Spain (the objective 1 regions as defined in 1988) was established on 1st January 1994 (article 115-116 of the EEA Agreement and Protocol 38). Over the five-year period ending 31 December 1998, the Financial Mechanism allocated funds to the beneficiary regions of ECU 492.8 million in grant aid and interest rebates of 2 percentage points per annum on ECU 1.5 billion in loans from the European Investment Bank (EIB). Priority has been given to projects which placed particular emphasis on the environment (including urban development), on transport (including transport infrastructure) or on education and training. Among projects submitted by private undertakings, special consideration has been given to small and medium-sized enterprises. The Mechanism is administered by the EIB. The EIB has appraised each project according to financial, economic and technical criteria as well as its compatibility with the EU objectives, sectorial policies and environmental regulations and standards. The EIB then has submitted proposals to the Financial Mechanism Committee, appointed by the participating EFTA States and the Commission, which decided on the allocation of the financial resources available under the Mechanism. While the process of allocation of Funds has come to an end on 31 December 1998, the EIB continues to manage the projects portfolio until their completion. The Mechanism was initially funded by the participating EFTA States. The role of the Commission was to give an opinion on the basis of the proposals before the approval of the EFTA Financial Mechanism Committee. From 1 January 1995, following the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union, Articles 83, 111 and 136 of the act concerning the conditions of this accession and the modification to the treaties on which the European Union is founded provide that the obligations of the three acceding countries for financing the Mechanism as laid down in article 116 of the EEA Agreement are financed out of the general budget of the European Communities. In consequence, the Commission has become co-responsible for the Mechanism in line with Art. 205 of the Treaty whereby the Commission shall implement the budget. The Communication by the Commission,adopted on the 30 march 1995 (C(95) 753), established the operational aspects for dealing with the Financial Mechanism within the Commission. Following entry into force of the EEA Agreement for the Principality of Liechtenstein on 1 May 1995, the Principality fully participates in the Mechanism. 2 2. THE FIFTH ANNUAL REPORT A first annual report was presented by the Commission to the Council in June 1995, concerning the activity of the Mechanism during the period from 1.1.94 to 31.5.1995. The second annual report presented the activity concerning the Mechanism during the period from 1.1.95 to 30.06.96, the third from 01.07.96 to 30.06.97 and the fourth from 1.7.97 to 30.6.98. This fifth annual report presents the activity from 1.7.98 to 31.12.99. 2.1. The activity of the Mechanism up to 31.12.99 The project’s approval process has come to an end on 31.12.98. By that date, the Financial Mechanism Committee has approved: • grant applications to a total of ECU 492.8 million corresponding to 98.6% of the total grant facility; • interest rebates on a total loan portfolio of ECU 1500 million corresponding to 100% of the total EIB loan portfolio for which the interest rebate facility has been made available. Grant activity The distribution by beneficiary country of the grants approved by the Financial Committee over the whole period 1994-1998 and their sectorial distribution are shown below: Grants distribution by country MECU APPROVED GRANTS Greece Ireland Northern Ireland Portugal Spain TOTAL 114.3 35.5 11.0 105.0 227.0 492.8 3 Sectorial distribution Transport Environment Education Other MECU 83 5 301 9 105 9 1 5 Total 16.9% 61.2% 21.5% 0.3% 21,5% 0,3% 16.9% Transport Environment Education and training Other 61,2% The grant allocations for Ireland, Northern Ireland, Portugal and Spain have been fully committed. As for Greece, despite contacts with the Ministry of National Economy to process a sufficient number of acceptable proposals, the commitments finally granted amounted to 94% of the available amount of ECU 121.5 million. As of 31 December 1999, the grant disbursement amounted to EUR 231.915 million (excluding the EIB’s fee of 0.5%) corresponding to 46 % of the total facility. 4 Interest rebate activity The distribution by beneficiary country of the EIB loans benefiting from interest rebates approved by the Financial Committee over the whole period 1994-1998 and their sectorial distribution are shown below: Loans distribution by country MECU APPROVED LOANS Greece Ireland Northern Ireland Portugal Spain TOTAL 364.5 106.5 33.0 315.0 681.0 1500.0 Sectorial distribution Transport Environment Education MECU 958.5 469.5 39.0 Total 65.3% 32.0% 2.7% (Non included a global loan of 33 MECU for Northern Ireland as the global loan covers all priority sectors) 2,7% 32% Transport Environnement Education and training 65,3% 5 The Financial Mechanism Committee has approved applications relating to total EIB loans of ECU 1,500 million corresponding to 100% of the total EIB loan portfolio for which the interest rebate facility has been made available. As of 31 December 1999, the EIB loans disbursement benefiting from interest rebates amounted to EUR 1270.196 million, corresponding to 85 % of the total facility. 2.2. The approval of grants and interest rebates from 1.7.98 to 31.12.98 The following grant applications, amounting to ECU 118.76 million, were approved: Greece Greek Monasteries Rehabilitation B ECU 5.86 million for rehabilitation, reconstruction, conservation and restoration works in Monasteries of Dochiariou (ECU 1.77 million), Pantokratoros (ECU 0.63 million), Vatopediou (ECU 2.46 million) and in the Skete of St. Andreas (ECU 1.00 million); Greek Monasteries Rehabilitation C ECU 7.39 million for rehabilitation, reconstruction, conservation and restoration works in the Monasteries of Dochiariou (ECU 1.26 million), Osiou Grigoriou (ECU 0.81 million), Simonos Petra (ECU 2.19 million) and Timiou Prodromou (ECU 3.13 million); Meghistis Lavras Monastery - Energy Project ECU 2.50 million for the generation of sufficient additional power to provide air- conditioning to the Monastery for the preservation of its valuable library and treasure chambers; extending thus the lifetime of irreplaceable collections of manuscripts, books and antique artifacts. This phase also includes measures to safeguarding the monastery’s facilities against theft and fire as well as ancillary works like maintenance to existing building installations; Gazi Sewerage ECU 2.29 million for a primary sewer and a connection of this primary sewer to the Heraclion sewage system; Thalassocosmos – Cretaquarium project ECU 5.63 million for the construction and operation of a sea water aquarium for research, educational and tourism purposes; the aquarium will be located close to Heraclion, Crete. Thessaloniki Science Centre ECU 13.78 million for the relocation and expansion of the existing Technology Museum of Thessaloniki into a new Technology Museum and Science Centre based on the new concept of science-technology centres combining educational and entertainment functions with the aim of expanding knowledge. 6 Macedonian Museum of Contemporary Art ECU 2.37 million for the extension of the existing museum and partial refurbishment of the existing building, including also the installation of air-conditioning as well as fire and intrusion security systems. Ano Liossia Regional Park Development ECU 12.4 million for the creation of a regional leisure park of 31 ha. in the flood threatened zone of Ano Liossia, north-west of Athens, being one of the less-developed and poorest areas of the Attica region. As such, the project also embraces certain measures of environmental protection (flood remedying, recation of green areas). Ierissos Multipurpose Cultural Centre ECU 1.04 million for the construction of a multipurpose cultural facility in Ierissos (small town in Halkidiki, Northern Greece) intended to host exhibitions and presentations and provide information on Byzantine and modern art and music related to Ierissos and Mount Ahtos. Portugal Urban Rehabilitation Alte ECU 4.9 million for road works, renovation of typical village buildings, a new local professional training school and a multi-purpose hall. The project concerns the integrated rehabilitation of the village of Alte. Urban Rehabilitation Porto ECU 42.2 million for 6 sub-projects concentrated around the historical centre of Porto. Project works include road improvements to encourage inner urban development and ease traffic congestion and to improve quality of the urban environment for locals and tourists alike, with measures including renovation of historic buildings and provision of new tourist attractions. All sub-projects are part of Porto’s Municipal Master Plan and Campanhã Strategic Plan. life and attractiveness of Almada Waste Water Treatment Plant ECU 7,821,280 for a tertiary sewerage treatment plant based an activated sludge process. The project is a component of the municipal master plan of Almada. Spain Renovación Urbana La Carolina ECU 2.5 million for the renovation of a main avenue, improvement of public street improvement of footpaths. installation of traffic lights, lighting and road re-paving and associated works and Sevilla Medio Ambiente ECU 8,065,778 for a part of an investment package designed to enhance the urban environment and make Sevilla a more attractive town. The subprojects financed by the 7 Financial Mechanism comprise i.a. fencing and rehabilitation of gardens, afforestation of a ring road, cleaning and afforrestation of degraded municipal land, installation of pneumatic waste collection and greening of one of the feeder roads. Decommitments and recommitments were made for several projects in order to optimise the beneficiaries’ use of funds. The following interest rebate applications, amounting to a total loan amount of ECU 236.1 million were approved: Greece East Egnatia Motorway ECU 77.2 million for two sections on the eastern part of the trunk road (Kavala bypass and Komotini – Kipi). Northern Ireland Global Loans ECU 33 million for financing of investments in priority sectors of environmental protection, forestry, heritage and restoration of historical buildings, transport and transport infrastructure and education and training. including urban renewal, Portugal Metro do Porto Light Metro ECU 71.7 million for the creation of a light metro network to serve the Area Metropolitano do Porto. Spain ICO Environmental Global Loan III ECU 54,184,009 for financing of small and medium-scale environmental investments undertaken by private and public entities. Limited decommitments and recommitments were made for several projects in order to optimise the beneficiaries’ use of funds. 2.3. The implementation of the projects as per 31 December 1999 Grants as per 31 December 1999 Of the 56 grant projects, 7 had been fully disbursed, 35 were under disbursements and for 14 projects no disbursements had been made as at 31 December 1999. The grant disbursements and the still undisbursed amounts for each category of projects are shown in the table below. 8 (*) Excluding technical assistance disbursements (in total EUR 104330) for which earmarking per project is not available. Grants as per 31 December 1999 Numberof projects Disbursedamountin EUR Remainstobe disbursedinEUR Total Fully disbursed Under disbursement Not yet under disbursement Total(*) 7 35 14 56 73 564 321 158 350 636 0 231 914 957 0 185 523 311 67 251 280 252 774 591 % 15% 71% 14% 73 564 321 343 873 947 67 251 280 484 689 548 100% The grant disbursements follow the physical progress of project implementation, and the to documented project completion. last grant disbursement cannot be made prior Consequently, the grant disbursements are expected to take place until ult. 2002, for a few projects even later. An ultimate deadline for disbursement has been stipulated in the commitment letters and the grant agreements. This deadline allows for a delay of up to 24 months after scheduled physical project completion. Interest Rebates as per 31 December 1999 Of the 37 projects benefiting from interest rebates, 28 had been fully disbursed, 7 were under disbursements and for 2 no disbursement had been made as at 31 December 1999. The loan disbursements and amounts not yet disbursed for each category of projects are shown in the table below. % 71% 22% 7% Loans benefiting from interest rebates as per 31 December 1999 Numberof projects Disbursedamountin EUR Remainstobe disbursedinEUR Total Fully disbursed Under disbursement Not yet under disbursement Total 28 7 2 37 1 062 721 202 207 474 511 0 1 270 195 713 0 1 062 721 202 119 596 087 110 200 000 229 796 087 327 070 598 110 200 000 1 499 991 800 100% is expected that all It undisbursed commitments will be disbursed before year end 2000. the remaining disbursements for partly disbursed as well as 2.4. The funding of the Financial Mechanism The Act of Accession (Articles 83, 111, 136) of the EU specifies that the shares in the Mechanism of the new Member States in the Mechanism are to be met from the general budget of the European Communities. On a proposal from the Commission (COM(94) 398), the financial perspectives were already reworked accordingly by adding a specific heading under “Structural Activities”. The budget adopted for the years 1994 to 1999 contained a heading with the relevant comments (B2-401). The amount forecast for each year from 1994 to 1998 was ECU 108 million and for 1999 EUR 5 million. As far as the actual payments are concerned, taking over the shares of the new Member States means complying with the terms of Article 4A of the Cooperation Agreement 9 between the EFTA countries and the EIB dated 30 June 1992, as amended by the amending protocol of 18 June 1993. In line with these procedures, the contribution for 1994 to 1998 and the shares between the participating EFTA countries and the Community were decided by the Financial Mechanism Committee. These contributions were calculated in accordance with the gross national product at market prices using data for the last three calendar years. 2.4.1. The annual contributions from the donors At the creation of the Financial Mechanism a first estimate was made corresponding to an annual instalment of ECU 130 million. However, during the years 1994-1996, initial funding and replenishment of ECU 110 million of the Financial Mechanism took place as shown in the table below together with the aggregated contributions during the same period. the amounts necessary to meet Article 4 of the Cooperation Agreement states that the participating EFTA States and the Community budget shall deposit the commitment schedules, the consequent disbursements and the associated administrative costs of the interest payments and the grants. The Bank and the Committee shall review the amount of grants and the interest subsidies disbursed in order to determine the amounts of the subsequent instalments to be deposited by the participating EFTA States and the Commission. Any amount outstanding at the time of termination of operations shall be repaid to the latest participating EFTA States and the Community budget. On 17 December 1996 and on 16 December 1997, the Financial Mechanism Committee decided that the contributions from the donors would have to rise accordingly in order to meet the final obligations. Even though all the contributions have not been used it was important to keep a reasonable contribution to the Mechanism account each year in order to be able to match reasonably the final obligations in terms of commitments at the end of 1998. An increase from ECU 110 million to ECU 130 million in the replenishment for 1997 and a replenishment of ECU 135 million for 1998 have been decided. For 1999, no replenishment was deemed necessary. The Committee concluded from a review of the Financial Mechanism’s future payment obligations that future disbursement obligations would be met by the previously generated liquidity together with past and future interest earnings made on it. 10 2.4.2 The share between the Commission and the participating EFTA The cost sharing of the initial funding and replenishment of the Financial Mechanism calculated in accordance with the gross national product at market prices using data for the last three calendar years was the following: ECU million Iceland Norway Liechtenstein Austria Finland Sweden Total Community budget from 1995 1994 1.078 18.436 0.187 29.348 20.526 40.425 110 (0.98 %) (16.76 %) (0.17 %) (26.68 %) Total: 1995 1.111 19.063 0.198 (1.01 %) (17.33 %) (0.18 %) 1996 1.122 21.604 0.198 (1.02 %) (19.64 %) (0.18 %) 1997 1.300 25.935 0.247 (1.00 %) (19.95 %) (0.19 %) (36.75 %) (18.66 %) (82.09 %) 89.6281 (81.48 %) 87.076 (79.16 %) 102.518 (78.86 %) 110 110 130 1998 1.296 27.916 0.2565 106.2315 135 (0.96 %) (20.16 %) (0.19 %) (78.69 %) Total 4.907 112.254 1.0865 475.7525 595 1 The Commission did not request a transfer of Liechtenstein’s reimbursement in August 1995. Accordingly, this amount was deducted from the third instalment in 1996. 11 2.5. The management of the Financial Mechanism liquidity The Financial Mechanism liquidity was initially managed solely through a Financial Mechanism account at the EIB. On 9 July 1999 a Fund Management Agreement was concluded between the Financial Mechanism Committee and the European Community represented by the Commission of the European Communities acting through the Economic and Financial Affairs DG. Since 15 July 1999, the Financial Mechanism liquidity is managed by the Financial Affairs DG and disbursement instructions are sent by the EIB to the Fund manager. Transfers of funds to the Beneficiary (respectively to the borrower in case of interest rebates) take place via a designed EIB Financial Mechanism disbursement account. In summary, the account transactions from 30 June 1998 were as follows: Balance as of 30 June 1998 Management by the EIB ECU/EUR 399 184 268.33 Crediting Interest Debiting 12 585 177.73 Disbursements (grants, interest 89 117 833.74 rebates) Liaison Officer function cost Miscellaneous 523 148.00 26 005.42 Balance as of 15 July 1999 322 102 458.90 12 Management by the Economic and Financial Affairs DG. Balance as of 15 July 1999 Crediting Net income (yield on the invested 4 271 495.00 EUR 322 102 458.90 capital) Debiting Disbursement interest to rebates) EIB (grants, 34 010 869.49 Balance as of 31 December 1999 292 363 084.41 2.6. Coordination and complementarity with other financial instruments of the European Union The Commission has ensured, within the framework of the partnership, coordination and consistency between the projects carried out under the Financial Mechanism and measures undertaken by the Structural Funds, the Cohesion Fund, the European Investment Bank and the other financial instruments of the European Union. In that respect, operating rules concerning the combination and overlapping of the Financial Mechanism aid with other Community assistance had been clearly defined in the “Operational arrangements” concluded between the Commission and the European Investment Bank on 9 March 1994. 13
http://publications.europa.eu/resource/cellar/da62f728-d462-45c5-861e-4e70590ec1f6
52000DC0348
Communication from the Commission to the Council and the European Parliament - A strategy to improve the operation of the VAT system within the context of the internal market
2000-06-07
eng
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[ "VAT", "action programme", "single market", "tax harmonisation" ]
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COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 07.06.2000 COM(2000)348 final COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN PARLIAMENT A STRATEGY TO IMPROVE THE OPERATION OF THE VAT SYSTEM WITHIN THE CONTEXT OF THE INTERNAL MARKET TABLE OF CONTENTS 1. 2. BACKGROUND ......................................................................................................... 3 NEW STRATEGY FOR 2000: reappraisal of the programme proposed in 1996 .......... 4 2.1. Defining a viable strategy to improve the present system ....................................... 4 2.2. Proposals already before the Council must be adopted ........................................... 5 2.3. Other measures ...................................................................................................... 6 3. THE ACTION PROGRAMME ................................................................................... 7 3.1. Phase One: 2000/2001 - Adoption by the Council of the proposals already tabled .. 7 3.2. Phase Two: 2000/2001 - Presentation of new proposals by the Commission........... 7 3.3. Phase Three: 2001 - Evaluation and definition of future priorities .......................... 8 1. PRIORITIES FOR 2000 .............................................................................................. 9 1.1. Treatment of postal services................................................................................... 9 1.2. Treatment of e-commerce and radio and TV broadcasting...................................... 9 1.3. Rules on invoicing ............................................................................................... 10 1.4. Revision of the rules on administrative cooperation and mutual assistance ........... 10 1.5. Setting the minimum level for the standard VAT rate........................................... 10 1.6. Report on the application of the reduced rate........................................................ 10 2. OTHER POTENTIAL FUTURE PRIORITIES ......................................................... 11 2.1. Treatment of subsidies, public authorities and services in the public interest ........ 11 2.2. Treatment of financial and insurance services ...................................................... 11 2.3. Court judgements................................................................................................. 11 2.4. Rules on supplies of goods................................................................................... 11 2.5. Closer administrative cooperation ........................................................................ 12 2.6. Coordination of customs and taxation .................................................................. 12 2.7. Review of the place of taxation of services in general (Article 9) ......................... 13 2.8. Rationalisation of derogations under Article 27.................................................... 13 2.9. Rationalisation of options, rights and derogations................................................. 13 2.10. Rationalisation of VAT rates................................................................................ 13 2.11. The scheme applying to small businesses ............................................................. 14 2 1. 1. BACKGROUND When the First and Second VAT Directives were adopted in April 1967 the Community undertook a legal and political commitment (as part of its objective to create the most efficient possible common market) to establish a common VAT system under which the taxation of imports and the non-taxation of exports in intra-Community trade would be abolished. This commitment underpinned the objective to design a VAT system which was tailored to the internal market and operated within the European Union in the same way as it would within a single country. 2. The two basic principles of VAT had to be observed in designing such a system: the mechanism of fractionated payments, which ensures that the tax system is to some extent self-policing; a clear division of responsibilities between sellers (correct invoicing of the tax due) and buyers (detailed proof of the tax deducted); The Commission put forward proposals for such a system in 1987 under the work programme to establish the internal market by January 1993. The key elements of these proposals, which were designed to achieve a genuine internal market by means of taxation in the country of origin, were: a harmonised tax structure with two rates of VAT; harmonisation, within a defined band, of the rates applied by Member States; a clearing mechanism for the redistribution of VAT receipts. By 1989, it had become clear that it would be impossible to adopt the Commission’s proposals by 1 January 1993 and the ECOFIN Council therefore decided to adopt a transitional system which would enable controls at the Community’s internal borders to be abolished whilst allowing tax to continue to be collected in the Member State of destination under certain well defined circumstances (transactions between taxable persons and large-scale “distance selling” to private individuals). At the same time however, the Council reaffirmed both legally and politically the commitment it had made in April 1967 to introduce a “definitive system” of taxation where goods and services would be taxed in “the Member State of origin” by the new target date of 31 December 1996. It therefore fell to the Commission, once again, to put forward new proposals. Before doing so, the Commission carried out a thorough evaluation of the operation of the transitional arrangements1 and polled the Member States on their views, concluding that a different approach to that proposed in 1987 would have to be taken to achieve Report by the Commission to the Council and the European Parliament on the operation of the transitional arrangements for charging VAT in intra-Community trade (COM(94) 515 final of 23 November 1994, unpublished) 3 3. 4. 5. 6. 1 7. 8. 9. 10. 2. 2.1. 11. a VAT system tailored to the internal market. The programme put forward in 19962 differed in two main respects from the 1987 proposals. Firstly, the substance of the 1987 proposals was based on the principle that taxation should take at the place of supply (place where the goods are located when they are sold, place of supply of immovable property, etc.) and the clearing mechanism would operate on the basis of declarations by taxable persons. The 1996 programme put forward the idea that taxation should be based on a trader’s “tax domicile” so that there would be one single place of registration with a redistribution mechanism based on official statistics (a “new macroeconomic approach”) to ensure that VAT receipts accrue to the Member State where consumption takes place. i.e. an Secondly, the 1987 proposals were based on the “big bang” approach, immediate switchover to the definitive system, whereas the 1996 programme envisaged a gradual changeover to the definitive system. The first stage in this gradual approach was to modernise and more uniformly apply the existing system introducing changes which would shape it into a definitive system. This gradual approach has proved as difficult to implement as the 1987 “big bang” approach. If a Community trader’s entire economic activity is taxed in one single Member State, taxation systems have to be closely harmonised to ensure the uniform application traders desire. There also has to be some harmonisation of rates to ensure that the tax has a neutral impact on business competition. However, it very soon became clear, as it did in 1987, that this degree of harmonisation could not be achieved because of differing domestic arrangements in the Member States. Consequently very little progress has been made in the Council on the Commission’s proposed 1996 programme. On the other hand, it is accepted that the current transitional arrangements have a number of shortcomings, because they are complicated, susceptible to fraud (the problem of so called “carousel fraud” is becoming of increasing concern) and are out of date. There is a patent need to modernise, simplify, strengthen and more uniformly apply the VAT system in order to bring it up to date and to ensure it encourages legitimate commercial transactions within the internal market without providing greater scope for fraud. NEW STRATEGY FOR 2000: REAPPRAISAL OF THE PROGRAMME PROPOSED IN 1996 Defining a viable strategy to improve the present system It should be pointed out from the outset that the internal market could and would function better with a VAT system based on taxation in the Member State of origin as this would be easier to administer (and consequently less costly for business) and less susceptible to fraud (providing a better a guarantee of stable tax revenue). However, it must also be recognised that in the current climate (where the conditions are not propitious for rapid progress towards closer harmonisation of VAT rates and to introduce a really reliable system of legislation and it would be difficult 2 A common system of VAT - a programme for the single market (COM(96) 328 final of 22 July 1996, unpublished) 4 12. 13. 2.2. 14. reallocating revenue) it is unlikely that significant progress will be made in the immediate future. It is not in any way the Commission’s intention to question the idea of a definitive system of taxation in the Member State of origin of transactions giving rise to consumption in the Community as a long-term Community goal. However, in the interest of improving the functioning of the internal market in the short term, the Commission considers it necessary to reappraise the programme it proposed in 1996 and to define a viable strategy based on four main objectives: simplification and modernisation of current rules, more uniform application of current rules and closer administrative cooperation. The objective of such an exercise is to create fresh impetus within the Council to achieve the much needed improvements to the present system as quickly as possible. This will of course only be possible if all Member States are prepared to consider changes to their national VAT systems (and, if necessary, to agree to a reduction in the large number of special schemes or options, derogations, etc. which exist at present) which can help bring about an overall improvement in the way the common VAT system operates. If the present transitional arrangements are retained Member States will also have to accept the need for greater emphasis on tighter controls and closer administrative cooperation in order to deal with the problem of fraud highlighted in the Commission’s report on administrative cooperation and VAT control.3 The fact that under the transitional VAT system goods can circulate between Member States without VAT being paid4 inevitably creates risks, particularly of “carousel fraud” and stringent counter-measures are required. “Modernisation and simplification” and “administrative cooperation and fraud prevention” form a single package and must go hand in hand. Proposals already before the Council must be adopted This does not mean that the Council does not have to adopt the proposals already tabled by the Commission under the 1996 programme and the SLIM exercise (Simpler Legislation for the Internal Market). On the contrary, these proposals were specifically designed to simplify, modernise, enhance and ensure more uniform application of the current VAT system in areas where improvements are essential. 3 4 Report from the Commission to the Council and the European Parliament - Third Article 14 report on the application of Council Regulation (EEC) No 218/92 of 27 January 1992 on administrative cooperation in the field of indirect taxation (VAT) and Fourth report under Article 12 of Regulation (EEC, Euratom) No 1553/89 on VAT collection and control procedures (COM(2000) 28 final of 28 January 2000) http://europa.eu.int/comm/taxation_customs/publications/official_doc/com/com.htm Intra-Community trade is valued at EUR 930 billion annually. VAT accounts for 15 to 25% depending on the Member State, i.e. EUR 162.75 billion. According to the Commission’s estimates fraud accounts for 5% of this amount, in other words a loss of EUR 8 billion in tax revenue. 5 15. 16. 2.3. 17. 5 6 7 8 The proposals concerning the right to deduction and abolition of the procedure provided for under the Eighth Directive (COM(98) 377)5 and determination of the person liable for payment of VAT (COM(98) 660)6 are crucial to the simplification of existing procedures. They cover areas where refunds of VAT are difficult to obtain from other Member States and deal with the cost and complexity of using tax representatives who are considered to be the main source of problems for traders operating in other Member States, particularly for small businesses which are directly affected by the cumbersome procedures involved. These proposals will be reviewed in the course of their examination by the Council to ensure that they are compatible with the proposed changes to the current rules. Two other proposals which the Commission still considers to be essential are the reform of the VAT Committee (COM(97) 325)7 and the improvement of mutual assistance for the recovery of claims (COM(98) 364)8. The VAT Committee plays an important role in ensuring existing rules are more uniformly applied, but its effectiveness depends on finding a way of involving it in the procedure by which the Commission adopts binding implementing decisions. The proposal on the recovery of claims is crucial to closer administrative cooperation and should be adopted as quickly as possible. It will also be a perfect adjunct to the proposal to abolish compulsory tax representation (COM(98) 660). Other measures The proposals already before the Council will be supplemented by other measures under a new strategy covering a number of areas where Community legislation needs updating (e.g. postal services, e-commerce, etc). These areas are described in the annex. The list is in no way exhaustive and in no way excludes others being included. The Commission will ensure that account is taken of the EU’s international obligations and their VAT implications. Proposal for a Council Directive amending Directive 77/388/EEC as regards the rules governing the right to deduct value added tax and proposal for a Council Regulation (EC) on verification measures, measures relating to the refund system and administrative cooperation measures necessary for the application of Directive 98/xxx/EC presented by the Commission on 17 June (COM(1998) 377 final) (Official Journal No C 219 of 15 July 1998, p. 16 and 20). Proposal for a Council Directive amending Directive 77/388/EEC as regards the determination of the person liable for payment of value added tax presented by the Commission on 27 November 1998 (COM(1998) 660 final) (Official Journal No C 409 of 30 December 1998, p. 10). Proposal for a Council Directive amending Directive 77/388/EEC on the common system of value added tax (the Value Added Committee) presented by the Commission on 26 June 1997 (COM(97) 325 final) (Official Journal No C 278 of 13 September 1997, p. 6). Proposal for a European Parliament and Council Directive amending Council Directive 76/308/EEC on mutual assistance for the recovery of claims resulting from operations forming part of the system of financing the European Agricultural Guidance and Guarantee Fund, and of agricultural levies and customs duties and in respect of value added tax and certain excise duties presented by the Commission on 26 June 1998 (COM(98) 364 final) (OJ No C 269 of 28 August 1998, p. 16) and (COM (1999) 183 final) (Official Journal No C 179 of 24 June 1999, p. 6). 6 3. 18. 19. 3.1. 20. 3.2. 21. THE ACTION PROGRAMME A meeting of the Tax Policy Group was held on 2 March 2000 to sound out Member States’ views on a new approach to VAT and to establish where improvements could be made. Member States’ representatives endorsed this pragmatic approach which demonstrated a determination to quickly tackle the problems encountered by traders and provide them, as far as possible, with a solution which will enable them to benefit more effectively from the single market. The Commission has drawn up an action programme to implement this new VAT strategy based on four objectives: simplification and modernisation of current rules, more uniform application of current rules and a new approach to administrative cooperation. Phase One: 2000/2001 - Adoption by the Council of the proposals already tabled The following proposals are to adopted as soon as possible: Changes to the status of the VAT Committee (COM (1997) 325); Improving mutual assistance on recovery (COM (1998) 364); Proposal on the right to deduction and the Eighth Directive (COM (1998) 377); Proposal on the person liable for VAT (COM (1998) 660). Phase Two: 2000/2001 - Presentation of new proposals by the Commission The Commission will table proposals for Directives in the following areas in the course of the year: taxation of postal services (June/July 2000); e-commerce (June/July 2000); invoicing including electronic invoicing (autumn 2000); revision of rules on administrative cooperation and mutual assistance (December 2000); a minimum standard rate of VAT (July 2000). The Commission will also present a report on the application of the reduced rate (December 2000). 7 3.3. 22. Phase Three: 2001 - Evaluation and definition of future priorities Future priorities will largely depend on the progress made by the Council in adopting the proposals already tabled (the four proposals already presented and another five to be tabled in the course of 2000). The Commission will present a progress report in early 2001 and, once it has been discussed by the Council, will use it to draw up a work programme setting future priorities, initially for 2001/2002. These priorities will be defined in the light of the findings of a review of the issues discussed in the annex and any subsequent new requirements. Each of the subsequent phases will largely depend on the proposals already presented being adopted by the Council. The aim is to avoid a whole package of proposals waiting for the Council’s approval. 8 ANNEX AREAS WHERE THE COMMON VAT SYSTEM IS TO BE SIMPLIFIED, MODERNISED AND ENHANCED 1. PRIORITIES FOR 2000 1.1. Treatment of postal services Public postal authorities are increasingly operating in competitive markets and competition would inevitably be distorted if only the public sector were exempted from VAT. This situation is hardly justifiable, and regular complaints have been received from operators. Some Member States have already opted to tax their postal services which are now privatised and this has led to problems with other countries whose public postal services are still exempt. This shows that the principle of neutrality, which is at the heart of the common VAT system, is no longer being observed in this sector. Amending the Sixth Directive to make postal services liable to VAT would therefore help to modernise the taxation system. The Commission will present a proposal for a Directive on postal services by the end of June. 1.2. Treatment of e-commerce and radio and TV broadcasting The general principles of taxation of electronic deliveries were first set out in a communication from the Commission in June 1998.9 The most significant of these were that, for VAT purposes, electronic transactions should be taxed as services and taxation should take place in the jurisdiction where consumption takes place. The conclusions of the July 1998 ECOFIN Council endorsed this approach; this was also reflected internationally by the OECD conference in Ottawa in October of the same year. Consequently, the present legal basis makes it difficult to correctly apply these principles to transactions involving the supply of products in digital form over electronic networks (which includes broadcasting services). The Commission therefore intends to amend the provisions of the Sixth VAT Directive on the place of supply of services so that electronically delivered services supplied for consumption within the EU are subject to EU VAT and those supplied for consumption outside the EU are exempt from VAT. This proposal will also contain a number of facilitation and simplification measures aimed at ensuring that the administration and collection of VAT takes full advantage of the potential benefits afforded by electronic technology. Particular objectives will include easing the tax compliance burden for non-EU operators and removing the barriers in the existing tax system to the growth of e-commerce. 9 COM(1998) 374 final. Communication from the Commission to the Council, the European Parliament and the Economic taxation. http://europa.eu.int/comm/taxation-customs/publications/official-doc/com/com.htm and Social Committee and indirect - Electronic commerce 9 1.3. Rules on invoicing A study on electronic invoicing was carried out in the wake of the SLIM exercise. Its main aims were to analyse current practices in the Member States (indications on invoices and cases in which electronic invoicing and self-invoicing are authorised) and to recommend the most suitable approach to harmonising practices and introducing appropriate Community rules. The findings are being discussed with national administrations and business. Action in this area would both simplify and modernise current VAT rules bringing them into line with the way in which new technology is already being used by business. A formal proposal might be ready by the autumn as these discussions are proving extremely fruitful. 1.4. Revision of the rules on administrative cooperation and mutual assistance The report presented by the Commission under Article 14 of Regulation No 218/92 and Article 12 of Regulation No 1553/89 and discussions by the Council’s ad hoc group on tax fraud indicate that if the present system is retained there must be a commitment and administrative cooperation. The Commission has concluded that existing Community legal instruments for administrative cooperation and mutual assistance would have to be enhanced to achieve this goal. Initially it intends to propose, by way of priority, that Regulation No 218/92 and Directive 77/799/EEC be revised. to effectively enhance control procedures 1.5. Setting the minimum level for the standard VAT rate Article 12(3) of the Sixth VAT Directive10 sets the minimum level of the standard rate applying in the Member States at 15% until 31 December of this year. It does not set a maximum rate although the Commission has twice proposed the introduction of a band so that standard rates can be more closely harmonised between Member States. The Commission therefore propose that this provision be extended for five years. 1.6. Report on the application of the reduced rate Pursuant to Article 12(4) the Commission will present a report reviewing the scope of reduced VAT rates. As it has done in previous reports it will the harmonisation of rates and assess the impact of their structure on the functioning of the single market. It will define the future approach to be taken to harmonise the scope of reduced rates. This analysis will lay down future guidelines but no formal legislative proposals are planned in the immediate future. These will not be made until an evaluation has been carried out of the current pilot project for labour- intensive services to which Member States may apply a reduced rate until 31 December 2002 in order to promote employment and reduce the black economy. look at 10 As last amended by Council Directive 1999/49/EC of 25 May 1999 amending, with regard to the level of the standard rate, Directive 77/388/EEC on the common system of value added tax (Official Journal No 139 of 2 June 1999, p. 27 and 28). 10 2. OTHER POTENTIAL FUTURE PRIORITIES NB: The issues discussed below are areas which the Commission and the Tax Policy Group consider warrant a thorough review. After the progress report on the Council’s discussions of the proposals already tabled has been presented, the Commission will, if necessary, make appropriate proposals under the new action programme which will then be defined. The order in which they are discussed in no way reflects any order of priority. 2.1. Treatment of subsidies, public authorities and services in the public interest Increasing privatisation of activities which were traditionally the exclusive reserve of the public sector has led to greater distortions of competition between exempt, non- taxable and taxable services. The VAT system for such services needs to be modernised taking account of all interests involved, in particular those of users of these services. The VAT treatment of subsidies also needs to be reviewed in order to ensure simpler and more harmonised treatment within the EU. Exemptions without the right to deduction for social, educational, cultural and other activities also need to be reviewed to see whether they meet current needs. 2.2. Treatment of financial and insurance services The financial services sector has increased both in size and complexity and its structures and operating methods have changed creating growing problems for current VAT rules. A large-scale study initiated by the Commission has looked at and developed a method of VAT for financial services in the widest sense of the word. However, even if this proves neither desirable nor feasible, other measures are required to bring the VAT system into line with developments in this sector, which include greater opportunities for cross-border shopping. 2.3. Court judgements A number of Court judgements concerning the application of VAT to transactions by holding companies, sales promotion of products in the form of discount vouchers and activities by public bodies have highlighted the fact that some provisions of the Sixth Directive are ambiguous, incomplete or out of date. The Commission may consider making a proposal to change these provisions, and adopting appropriate implementing decisions once the Council has adopted the proposal to amend the VAT Committee’s rules of procedure (COM(97) 325). to the Council 2.4. Rules on supplies of goods Under the present system the place of supply of goods is based on the place where the goods are deemed to be located when they are supplied. This principle will not change but a number of rules which no longer meet the needs of intra-Community trade will have to be reviewed. These include: Supplies where the supplier is responsible for assembly and installation on the customer’s premises: traders have been caused needless problems because there are both rules governing intra-Community supply/acquisition and rules on taxation at the place of destination of supplies of goods involving assembly and installation by the supplier on the customer’s premises. The current rules need to be standardised. 11 Sales of goods through distribution networks: increasing liberalisation of the water, gas and electricity distribution sectors may mean that the current rules need to be reviewed to see whether they are compatible with the need for correct and simple taxation of such supplies; these are increasingly being thrown open to competition between national producers to the benefit of consumers who are able to use the most competitive operators. Steps must be taken here to ensure fair competition. Distance selling: all the information made available to the Commission on Member States’ monitoring and enforcement of this special scheme under the transitional arrangements indicates that the system is incapable of ensuring taxation at destination if traders fail to spontaneously fulfil declaration and payment obligations in the Member State where the VAT is due. Under these circumstances, steps could be taken to change taxation thresholds to ensure that the system applies only where there is a genuinely significant activity in the Member State of destination. This could be accompanied by the introduction of automatic exchanges of information between the Member States involved whenever the special arrangements apply. Some Member States have already recognised the need for much more routine exchanges of information and have concluded appropriate bilateral agreements. This best administrative practice could be extended to the whole Community. 2.5. Closer administrative cooperation The increasingly serious problem of fraud, especially cross-border fraud, is being addressed both by the Commission (though the Standing Committee on Administrative Cooperation (SCAC)) and by the Council (though the ad hoc working group on tax fraud). One of the main reasons for the increase in fraud under the current VAT system is the fact that goods circulate without VAT being paid. The reports compiled by the Commission under Article 14 of Regulation No 218/92 and Article 12 of Regulation No 1553/89 make it clear that Member States’ control and administrative cooperation arrangements cannot deal with this problem. If the to a real existing arrangements are retained, improvement in these areas. The Commission has concluded that existing Community legal instruments for administrative cooperation and mutual assistance need to be enhanced. It will continue its review of appropriate solutions in addition to the changes planned this year. there must be a commitment 2.6. Coordination of customs and taxation taxation on The joint meeting of Directors-General for customs and indirect 16 December 1998 decided that there should be further joint discussions to improve coordination between customs and tax policies. An ad hoc joint customs-taxation group was set up to look at coordination between customs and indirect taxation policy and legislation in order to identify deficiencies which could create problems for traders and risks of fraud and to suggest ways of overcoming them. The ad hoc group will present its final report to the Directors-General for customs and taxation towards the end of June. The report will be used to assess the need for and nature of a Community initiative. Appropriate proposals will be made in the light of its conclusions. 12 2.7. Review of the place of taxation of services in general (Article 9) A proposal for a Directive amending the rules on e-commerce and radio and television broadcasting will presented in the course of the year. This will be the last individual change to Article 9 before a more general and thorough review of the rules governing the place of supply of services under this Article. This exercise will not, however, be undertaken in the immediate future; it may wait until changes have been made in the two specific areas where more rapid action is required. There seems to be a general consensus that the scope of taxation at the place that the customer is located (reverse charge mechanism) should be extended or made the general principle for taxation of services. The Commission, however, considers that caution should be exercised before embarking upon this course which would call in to question one of the basic principles of VAT, that of fractionated payment. In its view, it would be preferable for the proposal in COM (98) 377 on the right to deduction and replacement of the refund procedure introduced by the Eighth Directive by a genuine right to cross-border deduction to be adopted as soon as possible and the contribution it will make to resolving current problems (in particular deficiencies concerning the leasing of means of transport), to be discussed. 2.8. Rationalisation of derogations under Article 27 The need for simplification of tax collection and prevention of fraud or tax evasion prompted the Member States to request and obtain from the Council authorisation to introduce special derogations to the Sixth VAT Directive. However the number and diversity of these derogations has led to a somewhat chaotic situation and it would be useful, if not essential, to rationalise to some degree. This might involve extending some derogations which have proved to be particularly effective to all Member States. 2.9. Rationalisation of options, rights and derogations Traders often point to problems caused by differences in treatment between Member States. It is true that the Sixth VAT Directive has always maintained a whole range of options, rights and derogations which, very often, have been the price to pay for unanimous adoption of VAT Directives. Even temporary derogations which were originally introduced for an extremely short period have proved impossible to abolish because the Council could not unanimously agree to do so. Some of them, however, may be real obstacles to the proper functioning of the single market and their abolition would ensure more uniform application of VAT. Others create problems with non-EU countries. A review of the Thirteenth Directive might therefore be considered to help non-EU operators who pay VAT in the Community even though they do not exercise an economic activity there. 2.10. Rationalisation of VAT rates A review and rationalisation of the rules and derogations applying to the definition of reduced VAT rates should be considered in the medium term. Once the pilot project introduced by Directive 1999/85/EC (labour-intensive services), has been completed it may prove necessary to overhaul current rules. This would provide an opportunity 13 to abolish specific and temporary derogations. Particular attention will be paid to the rates applying to virtual products compared with traditional products and the use of reduced VAT rates in Community policies (e.g. to help protect the environment, promote employment, etc.). 2.11. The scheme applying to small businesses There have also been repeated calls for a thorough overhaul of the special schemes applying to small businesses and, in particular that of exemptions which differ widely from one Member State to another. A Fiscalis seminar will be held shortly to define the objectives of and means of controlling these schemes (in Faro, Portugal, on 9 and 10 October 2000). The seminar will also provide a clearer overview of the current situation in the Member States and identify ways of improving VAT treatment of small businesses in the European Union. Appropriate proposals may be made in the light of its findings. 14
http://publications.europa.eu/resource/cellar/d402b9b2-77da-47fc-9911-b8e94f7da60f
92000E001778
WRITTEN QUESTION E-1778/00 by Glyn Ford (PSE) to the Commission. Freedom of the press in Russia.
2000-06-08
eng
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[ "Russia", "bilateral relations", "communications profession", "democracy", "freedom of expression", "freedom of the press", "mass media", "right to information" ]
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C 81 E/92 Official Journal of the European Communities EN 13.3.2001 2. The scheme is designed to compensate for the proven additional costs incurred in marketing products outside the region. Accordingly, Article 3 of the relevant regional legislation stipulates that the destination markets are to be the other Member States, the United States and Canada. The annexes to that legislation also state that firms exporting products covered by the scheme must submit a number of specific documents, including the shippingcompany(cid:146)s invoice and the bill of lading or international dispatch note. (2001/C 81 E/110) WRITTEN QUESTION E-1778/00 by Glyn Ford (PSE) to the Commission (8 June 2000) Subject: Freedom of the press in Russia Does the Commission believe that the search carried out by the FSB (former KGB) in the offices of the independent MediaMost Press Group is an indication of a new climate, 10 years after the fall of the Berlin Wall and some years after the abolition of Communism in Russia? Is it concerned about this attack on the freedom of the press, against MediaMost and its television station NTV, whose President, Vladimir Goussinsky, is also an important director of the Russian Jewish Commun- ity? Will the Commission urge the Russian President Vladimir Putin to guarantee freedom of expression and to denounce such practices, unacceptable in a state which is governed by the rule of law, is a member of the Council of Europe and which hopes, one day, to join the European Union? Answer given by Mr Patten on behalf of the Commission (5 July 2000) The Commission like others in the international community has been closely following recent develop- ments surrounding the media in Russia and is highly concerned about reports of incidents that could undermine press freedom. Free speech is a vital component of any democratic society and an important litmus test of Russian commitment to creating an open society based on the rule of law and the respect of essential human rights. The Commission will keep the situation under close review and will continue to raise the general issue as well as specific cases with the Russian authorities as the need arises. In addition the delegation of the Commission in Russia has organised several meetings with both Russian and foreign journalists to discuss the state of freedom of expression in Russia. These included prominent journalists from network television station (NTV) and Radio Ekho Moskvy, which are both part of the Media-Most holding. The delegation has also been involved in two other recent initiatives. It gave financial support to the (cid:145)Pen Club(cid:146) congress in Moscow, which focused primarily on the subject of freedom of expression and, in April 2000, it sent a group of a dozen Russian journalists to Europe. Further, through the Community(cid:146)s Democracy Programme the Commission has been supporting a number of Russian non-governmental organisations in the media sector and the TACIS 2000 core programme will include activities related to the training of Russian journalists.
http://publications.europa.eu/resource/cellar/3cfdc2c6-bdc4-44fd-94db-63bb0f40dcd8
32000Y0608(01)
Commission Communication in the framework of the implementation of Council Directive 89/686/EEC of 21 December 1989 in relation to Personal Protective Equipment, as amended by Directives 93/68/EEC, 93/95/EEC and 96/58/EC (Text with EEA relevance)
2000-06-08
eng
[ "European Commission" ]
[]
[]
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[ "html", "pdf", "print" ]
[ "European standard", "European symbol", "approximation of laws", "labelling", "protective equipment", "safety standard" ]
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8.6.2000 EN Official Journal of the European Communities C 159/3 Commission Communication in the framework of the implementation of Council Directive 89/686/EEC of 21 December 1989 in relation to Personal Protective Equipment (1), as amended by Directives 93/68/EEC (2), 93/95/EEC (3) and 96/58/EC (4) (2000/C 159/03) (Text with EEA relevance) (Publication of titles and references of European harmonised standards under the Directive) OEN (1) Reference Title of the harmonised standards Year of ratification CEN EN 250 equipment (cid:151) open-circuit Respiratory compressed air diving apparatus (cid:151) requirements, marking self-Contained testing, 2000 Warning: The presumption of conformity, confered by standard EN 250 of 1993 published in the Official Journal of the European Communities C 183, 13.6.1998, ends 19.7.2000. CEN EN 270/A1 CEN EN 271/A1 CEN EN 1835 Respiratory protective devices (cid:151) compressed air line breathing apparatus incorporating a hood (cid:151) requirements, testing, marking Respiratory protective devices (cid:151) compressed air line or powered fresh air hose breathing apparatus incorporating a hood for use in abrasive blasting operations (cid:151) requirements, testing, marking Respiratory protective devices (cid:151) light duty construction compressed air line breathing apparatus incorporating a helmet or a hood (cid:151) requirements, testing, marking 2000 2000 1999 (1) OEN (European standardisation body): (cid:151) CEN: Rue de Stassart/Stassartstraat 36, B-1050 Brussels, Tel. (32-2) 550 08 11, Fax (32-2) 550 08 19. (cid:151) Cenelec: Rue de Stassart/Stassartstraat 35, B-1050 Brussels, Tel. (32-2) 519 68 71, Fax (32-2) 519 69 19. (cid:151) ETSI: BP 152, F-06561 Valbonne Cedex, Tel. (33-4) 92 94 42 12, Fax (33-4) 93 65 47 16. NOTE: (cid:151) Any information concerning the availability of the standards can be obtained either from the European standardisation organisations or from the national standardisation bodies of which the list (5) is the European Parliament and Council (6) amended by the annexed to the Directive 98/34/EC of Directive 98/48/EC (7). (cid:151) Publication of the references in the Official Journal of the European Communities does not imply that the standards are available in all the Community languages. (cid:151) The Commission ensures the updating of this list (8). (1) OJ L 399, 30.12.1989, p. 18. (2) OJ L 220, 30.8.1993, p. 1. (3) OJ L 276, 9.11.1993, p. 11. (4) OJ L 236, 18.9.1996, p. 44. (5) OJ L 32, 10.2.1996, p. 32. (6) OJ L 204, 21.7.1998, p. 37. (7) OJ L 217, 5.8.1998, p. 18. (8) OJ C 183, 13.6.1998, p. 12. OJ C 338, 6.11.1998, p. 2. OJ C 357, 21.11.1998, p. 10. OJ C 157, 4.6.1999, p. 2. OJ C 318, 5.11.1999, p. 4. OJ C 40, 12.2.2000, p. 7. OJ C 76, 16.3.2000, p. 3.
http://publications.europa.eu/resource/cellar/48b48041-f8a3-49ba-9cc9-9f9b6e7de575
92000E001788
WRITTEN QUESTION E-1788/00 by Salvador Garriga Polledo (PPE-DE) to the Commission. Asturian Rural Accommodation Network.
2000-06-08
eng
[ "European Parliament", "Provisional data" ]
[]
[]
[]
[ "html", "pdf", "print" ]
[ "EU aid", "Principality of Asturias", "rural tourism" ]
[ "862", "3822", "3341" ]
13.2.2001 EN Official Journal of the European Communities C 46 E/213 If the Commission introduced this policy to ensure that its staff management was more rational and more closely tailored to the tasks to be accomplished, why are the fixed-term contracts in question not designed to coincide with the duration of the specific projects involved? Does the Commission not agree that the new research staff policy limits the application of the principle that the Commission should make the best and most effective use of the scarce personnel resources at its disposal, which lies at the heart of the administrative reforms sought by Mr Prodi? Answer given by Mr Busquin on behalf of the Commission (27 June 2000) The contracts referred to by the Honourable Member cover temporary staff for a maximum fixed term of three years, as provided for by the new staff policy arising from the research budget (NPPR) adopted by the Commission in 1996. Their purpose was to enable a certain amount of flexibility to be achieved in managing specialist human resources, more particularly in the areas in which the Commission does not have any recruitment pool. Their number may not exceed 25 % of the research payroll. It should be stressed that these contracts are not intended to extend throughout a framework programme nor even a particular project. They constitute an additional form of recruitment to that applying to other research-budget temporary staff which, as stressed by the Honourable Member, meets a management requirement that is more targeted on part of the research staff. Since these contracts are for a fixed term and restricted to three years the applicant selection procedure is carried out by the departments on the basis of permanent applicant database fed via a call for applications accompanied by extensive publicity in the European, and specialist, press. The other temporary staff, representing the stable core of the NPPR, receive an initial five-year contract, which can be renewed once for the same duration and, subsequently, for an indeterminate period. These list drawn up in the wake of a selection process staff members are selected from the recruitment containing tests comparable to those used in the Commission(cid:146)s general competitions. On the basis of the above and in view of the obligations under the staff rules which the Commission must meet in order to organise competitions, it would seem that there is no basis for carrying out a cost/benefit analysis. Finally, the three-year fixed-term staff are informed from the outset that the duration of their contract is strictly limited. If they wish to make a career within the Commission they of course have the option of taking competitions or submitting to selection procedures under the same conditions as the other applicants. The Commission feels that the NPPR, and in particular the three-year contracts enabling staff to be recruited very quickly in highly specialised areas where there are no waiting lists for recruitment is perfectly in line with the implementation of the principles of efficiency and optimum use of resources which is one of the cornerstones of the reform policy. (2001/C 46 E/257) WRITTEN QUESTION E-1788/00 by Salvador Garriga Polledo (PPE-DE) to the Commission Subject: Asturian Rural Accommodation Network (8 June 2000) At a meeting recently held by the Spanish Rural Tourism Association, attention was once again drawn to the importance which has been acquired, in the Community tourism sector, by the activities of those who promote this type of tourism in rural areas of the Community. C 46 E/214 Official Journal of the European Communities EN 13.2.2001 In this connection the activities pursued by the Asturian Rural Accommodation Network may be highlighted. This body operates in one of the most scenically attractive regions of the Community and the direct technical assistance which it provides to new promoters of rural tourism in Asturias has led to the creation of many direct jobs in the region and approximately half as many indirect jobs. What Community aid has been provided for the development of the Asturian Rural Accommodation Network and to what extent, and in what way, can the promoters of this type of rural tourism in Asturias gain access to the Community aid available to the sector? Answer given by Mr Fischler on behalf of the Commission (3 July 2000) The Commission is collecting the information it needs to answer the question. It will communicate its findings as soon as possible. (2001/C 46 E/258) WRITTEN QUESTION P-1828/00 by Gilles Savary (PSE) to the Commission (31 May 2000) Subject: Social security (cid:129) coordination at European level Two European citizens who are resident in France and, pursuant to Community provisions on social security, respectively in receipt of a Belgian pension from the Belgian Pensions Agency and a pension from the Aquitaine Regional Health Insurance Fund (Caisse RØgionale d(cid:146)Assurance Maladie Aquitaine) on the one hand and of a Spanish pension and a pension from the Aquitaine Regional Health Insurance Fund on the other, had been initially informed that the Aquitaine Regional Health Insurance Fund would assume the cost of a home help. A ministerial circular of 22 April 1999 stated that the National Old Age Pension Fund (Caisse Nationale d(cid:146)Assurance Vieillesse) was not liable to pay out unless the greater number of quarterly social security contributions had been paid into the general scheme. In view of this circular, the Aquitaine Regional Health Insurance Fund said that it would not bear the cost of a home help for the two pensioners. In the case of the two pensioners in question, the majority of quarterly contributions were made to the Belgian and to the Spanish social security systems respectively, neither of which will bear such costs other than for pensioners resident in their countries. Is the circular of 22 April 1999 in keeping with current Community law provisions on social security and, consequently, is the refusal to bear the cost referred to above legal in view of such provisions? What rights do these two people have as regards home help and with regard to which national authorities? Should it become apparent that there are no Community provisions to deal with such a situation and identify which authority is responsible for the provision of such benefits, does the Commission intend to complement Community legislation as soon as possible in order to guarantee a high level of old age benefits to all Community citizens in such situations no matter where they have chosen to reside within the European Union? Answer given by Mrs Diamantopoulou on behalf of the Commission (28 June 2000) The Commission would point out to the Honourable Member that a similar question was posed to the Court of Justice, which had to examine whether the benefits of the new (cid:145)long-term care insurance(cid:146) scheme, introduced on 1 January 1995 by the German legislator, constitute sickness benefits within the meaning of
http://publications.europa.eu/resource/cellar/8116b329-eb85-4bda-8d4b-e8c9e0d152c2
32000H0473
http://data.europa.eu/eli/reco/2000/473/oj
2000/473/Euratom: Commission recommendation of 8 June 2000 on the application of Article 36 of the Euratom Treaty concerning the monitoring of the levels of radioactivity in the environment for the purpose of assessing the exposure of the population as a whole (notified under document number C(2000) 1299)
2000-06-08
eng
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[ "EAEC Treaty", "environmental protection", "nuclear safety", "public health", "radioactive effluent", "radioactive pollution" ]
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27.7.2000 EN Official Journal of the European Communities L 191/37 COMMISSION RECOMMENDATION of 8 June 2000 on the application of Article 36 of the Euratom Treaty concerning the monitoring of the levels of radioactivity in the environment for the purpose of assessing the exposure of the population as a whole (notified under document number C(2000) 1299) (2000/473/Euratom) THE COMMISSION OF THE EUROPEAN COMMUNITIES, contribution to the exposure of the population as a whole from all practices to be regularly assessed. Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 124 and Article 36 thereof, Having consulted the accordance with Article 31 of Scientific and Technical Committee, group of persons appointed in the Euratom Treaty by the Whereas: (1) (2) (3) (4) (5) Article 35 of the Euratom Treaty requires each Member State to establish the facilities necessary to carry out continuous monitoring of the level of radioactivity in the air, water and soil and to ensure compliance with the basic standards. the Euratom Treaty Article 36 of the appropriate authorities periodically to communicate information on the checks referred to in Article 35 of the Euratom Treaty to the Commission so that it is kept informed of the level of radioactivity to which the public is exposed. requires Experience has been gained in the application of Article 36 of the Euratom Treaty. It is current practice for the Commission to publish annual monitoring reports, on the basis of quality controlled data received by the Commission in application of Article 36 and Article 39 of the Euratom Treaty. The Commission should continue to publish such annual monitoring reports. To ensure that the exposure of the population is kept under review it is important that the Commission be informed in a timely fashion and on a uniform basis of the levels of radioactivity to which the population as a whole is exposed in every Member State. Article 14 of Council Directive 96/29/Euratom of 13 May 1996 laying down basic safety standards for the the health of workers and the general protection of arising from ionising public radiation (1) requires the dangers (the Basic Standards) against Safety (1) OJ L 159, 29.6.1996, p. 1. (6) Article 45 of the Basic Safety Standards requires the competent authorities to ensure that dose estimates for the population as a whole are made as realistic as possible. (7) Without prejudice to the requirements of Article 35 of the Euratom Treaty, it is sufficient for the review of the exposure of the population as a whole to provide a defined set of specific monitoring results. (8) (9) (10) (11) To ensure compliance with the Basic Safety Standards it in addition to air, water and soil, is important that, radioactivity be determined in biological levels of samples and in particular in foodstuffs, and that, to assess external exposure, the ambient dose rates be monitored. The monitoring of levels of radioactivity in soil does not the allow a direct assessment of population. The exposure related to soil contamination is more directly assessed on the basis of ambient dose rate and foodstuff contamination. Experience has shown that the incorporation of soil data in the monitoring serves little useful purpose. the exposure of It is necessary to keep under review which sampling media and which radionuclide categories are relevant indicators of actual and potential levels of radioactivity in the environment and of exposure of the population. There is consensus among Member States as to the adequacy of current monitoring programmes. Such monitoring may change in function of the evolution of levels of radioactivity, measurement technology, and the needs in view of emergency response. The Commission will keep under review the adequacy of monitoring programmes and will involve the group of experts established under Article 31 of the Euratom Treaty in this process. L 191/38 EN Official Journal of the European Communities 27.7.2000 (12) (13) (14) In the framework of Article 37 of the Euratom Treaty, to the the data on discharges of environment and from nuclear reprocessing plants are already requested in Commission Recommendation 1999/829/Euratom of 6 December 1999 on the application of Article 37 of the Euratom Treaty (2). radionuclides power plants of water quality Council Directive 98/83/EC of 3 November 1998 on the human consumption (3) provides for indicator parameters for radioactivity. This Recommendation is without prejudice to specific requirements under Annex II and Annex III to that Directive. intended for uniformity, The and comparability, timeliness of data reported in accordance with Article 36 of the Euratom Treaty should be ensured. transparency HEREBY RECOMMENDS: 1. to periodically Euratom Treaty In order to discharge their obligation under Article 36 of the communicate information on the results of the monitoring of the levels of radioactivity which they are bound to perform under the terms of Article 35 of that Treaty, the Member States should forward to the Commission, in accordance with the time periods set out in point 5(c), the monitoring results listed in Annex I. In case of an elevated concentration of a radionuclide not specified in Annex I, appropriate date should also be forwarded. 2. For the purposes of this Recommendation, the following definitions apply: (a) the existence and (cid:145)continuous monitoring(cid:146) means implementation continuing monitoring programme. Depending on the medium monitored, this is achieved as appropriate through: of a (i) continuous sampling and assessment; (ii) continuous sampling and periodic assessment; (iii) periodic sampling and periodic assessment; (iv) direct continuous measurement; (b) (cid:145)facilities(cid:146) means the monitoring programme, the direct measurement and sampling and analysis equipment and procedures (including quality control and the reporting and archiving of all relevant data), and the continuous to necessary laboratories monitoring of the levels of radioactivity; implement (c) (cid:145)monitoring network(cid:146) means the combination of each medium of the sampling and direct measurement locations, as appropriate, used for the monitoring of that specific medium; (d) (e) (f) (cid:145)dense monitoring network(cid:146) means a monitoring network comprising sampling locations distributed throughout the Member State’s territory such as to allow the Commission to compute regional averages for radioactivity levels in the Community; (cid:145)sparse monitoring network(cid:146) means a monitoring network comprising for every region and for every sampling medium at least one location representative such locations high sensitivity of measurements should be performed thus giving a transparent representation of actual levels and trends of radioactivity levels; region. At that (cid:145)region(cid:146) means each representative area of a Member State for the assessment of the radiological exposure of the population as a whole under consideration of the radiological impact by emissions and ambient dose and the population distribution. The regions currently defined in the Commission monitoring reports are given in Annex II. 3. Member States appropriate authorities referred to in Article 36 of Euratom Treaty. should notify to the Commission the the 4. The following requirements should be met: (a) Monitoring networks (i) Each Member State should define representative geographical regions for its own territory. (ii) Each Member State should define for each type of medium a sparse monitoring network and a dense monitoring network. (iii) The sites comprising should be representative of the regional situation taking into account, where population appropriate, distribution within the region. a network the (b) Sampling media, types of measurements, and periodicity (i) The sampling media and types of measurements are listed in Annex I. Except where otherwise specified in this Recommendation, measurements should preferably be carried out for the sparse network on a monthly basis and for the dense network quarterly. (ii) For the sparse monitoring network, the detection the measurement levels to be limits sensitivities instruments should allow the actual quantified. and of (2) OJ L 324, 16.12.1999, p. 23. (3) OJ L 330, 5.12.1998, p. 32. (iii) For the dense monitoring network, the detection limits of the measurement devices should be lower than the reporting levels defined in Annex III. 27.7.2000 EN Official Journal of the European Communities L 191/39 (iv) The Member States should inform the Commission the uncertainties the detection limits and of of taken into account. (v) The Member States should retain measurement techniques that have proven reliable and ensure quality control of the results. of (vi) Member State laboratories supplying data under should the terms intercomparison periodically exercises, those organised by the Commission, so as to ensure the intercomparability of the data reported. this Recommendation in in particular participate (c) Sampling strategies and measurements in relation to each of the required sampling media (i) A i r b o r n e p a r t i c u l a t e s Measurements of gamma emitting radionuclides should be performed on a routine basis to detect and measure man-made radioisotopes as well as Beryllium-7 naturally should be reported as a qualitative check of the activity (4) methods measurements are recorded these should also be reported. used. Where radionuclides. occurring gross beta Sampling locations should be in the vicinity of densely populated areas; adequate geographical coverage should be ensured by the choice of at least one sampling location per geographical region. Sampling be operating continuously. should performed by systems (ii) External ambient gamma dose rates measured continuously. No reporting level defined. should be is (iii) S u r f a c e w a t e r Samples should be taken from major inland waters of if relevant, from coastal waters. the Member States’ territory and, In the case of river water, sampling should be locations for carried out, where practicable, at which flow rate measurements are available. In such cases, the average flow rate during the sampling period should be reported to improve the representativeness of the mean values calculated by the Commission. be emitting Gamma activity (5) monitored. Where measurements are recorded these should also be reported. radionuclides residual should beta (4) The total measured beta activity in a sample; depending on the measurement methodology tritium and in general very low energy beta emitters are normally not lived radon daughters are excluded through a sufficient delay time (e.g. five days) before counting. included and short (5) The total measured beta acitivity minus potassium-40 activity. (iv) W a t e r i n t e n d e d f o r h u m a n c o n s u m p t i o n Monitoring of levels of radioactivity in drinking water should be such as to ensure compliance with the requirements of Directive 98/83/EC. For the purposes of compliance with Article 36 of the Euratom Treaty, values should be reported for major ground or surface water supplies and for water distribution networks such as to ensure a representative coverage of the Member State. The corresponding volumes of water distributed or produced in a year should be reported to improve the values representativeness calculated by the Commission. the mean of (v) M i l k be Milk samples should be taken from dairies. The information on production necessary statistical rates the reported should representativeness of the mean values calculated by the Commission. The spread of dairies should be sufficient to ensure representative coverage of the Member State. improve to Gamma emitters and strontium-90 should be monitored; potassium-40 should be reported as a qualitative check of the methods used. (vi) M i x e d d i e t Due to the trade in foodstuffs, the mixed diet is the regional or not necessarily representative of national environmental contamination but is an indicator of public exposure. foodstuffs are measured as Where appropriate, separate ingredients; in this case the Member State should report to the Commission the results of measurements of the individual ingredients and the composition of the diet. The sampling programme should take into consideration regional variations in dietary patterns. Individual ingredients should be from market places or local distribution centres providing food products to large population groups. Appropriate account should be taken of products from natural or semi-natural ecosystems, to the extent that the fallout from the Chernobyl accident may still affect such systems. to give a representative figure for In addition, Member States should sample complete meals the average level of radioactivity in mixed diet. Actual taken from large meal consumption or canteens restaurants. be such samples centres should as L 191/40 EN Official Journal of the European Communities 27.7.2000 Gamma emitters and strontium-90 should be monitored; the measurements should be not less frequent carbo-14 measurements are performed, these should also be reported. quarterly. Where than 5. The procedure for reporting to the Commission should be as follows: (a) Treatment of data The Member States should forward to the Commission data which have been subject to quality control and cleared for public release. The data set should contain all details listed in Annex IV. The Member States should forward the data in the format defined by the Commission and preferably use the specialised software provided by the Commission. Tndividual non-aggregated measurement data should be transmitted for each medium and each site rather than average values. However, if the data correspond to direct continuous measurements, then the monthly averages for each site should be communicated. the impact of environmental radioactivity on public should be health. All data for a calendar year submitted no later than 30 June of the following year. (d) Transmission of other data In addition to the data transmitted under point (a), Member States should transmit to the Commission their national monitoring reports to allow a fuller understanding of the significance of the data referred to in Annex I in relation to the national monitoring programmes. The Commission’s annual monitoring reports will list references to those national reports. (e) Intergration of reporting practices Data regularly reported under Article 36 of the Euratom Treaty, data voluntarily reported other than national monitoring reports and large amounts of data of types potentially relevant in emergency situations should be forwarded through the same communication means and channels and in the same format in order to simplify reporting practices and to avoid duplication of efforts and to conduct regular exercises of the emergency arrangements. (b) Means of transmission 6. This Recommendation is addressed to the Member States. Data should be forwarded in a digital form using the most appropriate electronic media. Done at Brussels, 8 June 2000. (c) Periodicity available data forwarded to the should be All Commission as soon as they are validated in order to allow for a prompt assessment by the Commission of For the Commission Margot WALLSTR(cid:214)M Member of the Commission 27.7.2000 EN Official Journal of the European Communities L 191/41 ANNEX I Sample types and measurements Media Measurement category Dense network Sparse network Airborne particulates Cs-137, gross beta Cs-137, Be-7 Air Ambient gamma dose rate Ambient gamma dose rate Surface water Cs-137, residual beta Cs-137 Drinking water Tritium, Sr-90, Cs-137 Tritium, Sr-90, Cs-137 Natural compliance 98/83/EC radionuclides as monitored in Directive Council with Natural in compliance with Council Directive 98/83/EC as monitored radionuclides Milk Cs-137, Sr-90 Mixed diet Cs-137, Sr-90 Cs-137, Sr-90, K-40 Cs-137, Sr-90, C-14 L 191/42 EN Official Journal of the European Communities 27.7.2000 ANNEX II Definition of country partitions and country codes according to ISO 3166/4217 Country Geographical region Detailed description Austria Belgium Germany (cid:151) North Bremen, Hamburg, Nordrhein-Westfalen, Niedersachsen and Schleswig-Holstein Germany (cid:151) Central Hessen, Rheinland-Pfalz and Saarland AT BE DE-N DE-C DE-S DE-E DK ES-N ES-C ES-S ES-E FI-N FI-S Germany (cid:151) South Germany (cid:150) East Denmark Spain (cid:151) North Spain (cid:151) Central Spain (cid:151) South Spain (cid:151) East Finland (cid:151) North Finland (cid:151) South FR-NW France (cid:151) Northwest FR-NE France (cid:151) Northeast FR-SW France (cid:151) Southwest FR-SE France (cid:151) Southeast GR IE IT-N IT-C IT-S Greece Ireland Italy (cid:151) North Italy (cid:151) Central Italy (cid:151) South Baden-W(cid:252)rttemberg and Bayern Berlin, Brandenburg, Mecklenburg-Vorpommern, Sachsen, Sachsen-Anhalt and Th(cid:252)ringen Arag(cid:243)n, Asturias, Cantabria, Galicia, Navarra, Pais Vasco and Rioja Castilla-La Mancha, Castilla-Le(cid:243)n, Extremadura and Madrid Andalucia, Canarias, Ceuta and Melilla and Murcia Baleares, Cataluæa and Communidad Valenciana Lappland and Oulu Ahvenanmaa, Central Finland, Hame, North Karelia, Kuopio, Kymi, Mikkeli, Turku and Pori, Uusimaa and Vaasa Brittany, Centre, ˛le de France, Nord-Pas-de-Calais, Haute Normandie, Basse Normandie, Pays de la Loire and Picardie Alsace, Burgundy, Champagne-Ardenne, Franche-ComtØ and Lorraine Aquitaine, Languedoc-Roussillon, Limousin, Midi-PyrØnØes and Poitou-Charentes Auvergne, Corse, Provence-Alpes-C(cid:244)te-d’Azur and Rh(cid:244)ne-Alpes Emilia-Romagna, Friuli-Venezia-Giulia, Liguria, Lombardy, Piemonte, Provincie di Trento e Bolzano, Val d’Aosta and Veneto Abruzzo, Lazio, Marche, Molise, Tuscany, Umbria and Sardinia Basilicata, Calabria, Campania, Puglia and Sicily 27.7.2000 EN Official Journal of the European Communities L 191/43 Country Geographical region Detailed description LU NL PT Luxembourg Netherlands Portugal SE-N Sweden (cid:151) North J(cid:228)mtland, Norrbotten, V(cid:228)sterbotten and V(cid:228)sternorrland ¯lvsborg, Blekinge, Bohus G(cid:228)vleborg, Gotland, Halland, J(cid:246)nk(cid:246)ping, Kalmar, Kopparberg, Kronoberg, Malm(cid:246)hus, (cid:214)rebro, (cid:214)sterg(cid:246)tland, Skaraborg, Skane, S(cid:246)dermanland, Stockholm, Uppsala, V(cid:228)rmland and V(cid:228)stmanland. East Anglia, Northern England, North-West England, South-East England, South-West England, East Midlands, West Midlands and North-East England SE-S Sweden (cid:151) South UK-EN United Kingdom (cid:151) England UK-SC United Kingdom (cid:151) Scotland UK-WL United Kingdom(cid:151) Wales UK-NI United Kingdom(cid:151) Northern Ireland L 191/44 EN Official Journal of the European Communities 27.7.2000 Definition of the geographical regions 27.7.2000 EN Official Journal of the European Communities L 191/45 ANNEX III Reporting levels Uniform reporting levels have been defined on the basis of their significance from an exposure point of view, irrespective of the detection limits applied by the different laboratories. Sample type Radionuclide category Reporting level Air Gross beta (based on Sr-90) 5 Efl03 Bq/m3 Cs-137 3 Efl02 Bq/m3 Surface water Residual beta (based on Sr-90) 6 Efl01 Bq/l Drinking water Milk Mixed diet (1) Becquerel per person per day. Cs-137 H-3 Sr-90 Cs-137 Sr-90 Cs-137 Sr-90 Cs-137 1 E+00 Bq/l 1 E+02 Bq/l 6 Efl02 Bq/l 1 Efl01 Bq/l 2 Efl01 Bq/l 5 Efl01 Bq/l 1 Efl01 Bq/d.p (1) 2 Efl01 Bq/d.p L 191/46 EN Official Journal of the European Communities 27.7.2000 ANNEX IV LIST OF MINIMUM REQUIREMENTS PER DATA RECORD 1. REQUIREMENTS FOR SAMPLING DATA A. Sample characteristics Sample type Sample treatment (e.g. chemical treatment, delay of five days, etc.) B. Date and time Sampling date Date type (e.g. begin date, end date, etc.) Sampling time (1) Time system (1) (e.g. GMT) Duration of sampling (in hours) C. Location Locality name NUTS-Code Latitude, longitude specified in degrees, minutes or in decimal degrees Catchment (1) (for surface waters: name of river, lake, reservoir or sea) 2. REQUIREMENTS FOR MEASUREMENT DATA Laboratory name Nuclide category Apparatus type Activity value Uncertainty Uncertainty type Value unit Value type Reference date (1) (date for which the activity value is given) Flow rate (1) (in case of river water) Production rate (1) (for milk and drinking water) Volume produced or distributed in a year (for drinking water). (1) Only to be mentioned if appropriate.
http://publications.europa.eu/resource/cellar/5d6b4005-6b8f-4b02-af17-c3cd92fbf25c
92000E001789
WRITTEN QUESTION E-1789/00 by Luis Berenguer Fuster (PSE) to the Commission. Disfunctions in the calculation of electricity prices in Spain.
2000-06-08
eng
[ "European Parliament", "Provisional data" ]
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[ "Spain", "economic analysis", "electrical energy", "price fluctuation", "price reduction" ]
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18.4.2001 EN Official Journal of the European Communities C 113 E/41 Supplementary answer given by Mr Fischler on behalf of the Commission (5 October 2000) The Commission is informed by the Spanish authorities that the Asturian Rural Accommodation Network has not received Community aid. It should be said however that during the 1994-1999 period € 8 500 000 from the Structural Funds (European Agricultural Guidance and Guarantee Fund (Guidance Section) and European Regional Devel- opment Fund) was committed for rural tourism development in the Autonomous Community of Asturias under the Leader II Community Initiative and the Proder Operational Programme. (2001/C 113 E/037) WRITTEN QUESTION E-1789/00 by Luis Berenguer Fuster (PSE) to the Commission (8 June 2000) Subject: Disfunctions in the calculation of electricity prices in Spain In accordance with a custom which has become habitual in the period since the new Commission took office, a report concerning the Spanish electricity sector has found its way into the Spanish press. According to that report the price of electricity has fallen by 16 % over the last three years. Since it may be feared that the purpose of this press report is to create a favourable environment for the approval of public aid (CTCs) for the sector and that the Commission will become the laughing stock of Spanish consumers who do not see any actual evidence of this reduction. Can the Commission answer the following: (cid:129) Would it confirm or deny the report to the effect that the price of electricity in Spain has fallen by 16 %? (cid:129) What calculations has the Commission made? (cid:129) Could the Commission provide a breakdown of those calculations, distinguishing between industrial and domestic consumers? (cid:129) Is the Commission aware of the studies carried out by the National Electricity Grid Committee, according to which the price of electricity increased in both 1998 and 1999? (cid:129) Are the Commission(cid:146)s calculations incorrect and, if so, why? Answer given by Mrs de Palacio on behalf of the Commission (20 July 2000) One of the most visible effects of the opening-up of electricity markets, lower electricity prices, is, in 1. the opinion of the Commission, becoming a reality in the Community (communication from the Commission to the Council and the Parliament (cid:145)Recent progress with building the internal electricity market(cid:146) (1)). Statistics on electricity price trends in Spain from 1996 until 1999 show that prices have fallen. Annex 2 of the Commission communication shows that nominal prices of electricity have fallen in Spain (i) for domestic consumers, by 15,1 %, (ii) for small enterprises, by 18,4 %, and (iii) for industry in general, by 16,2 %. The drop by 16 % mentioned by the Spanish press and the Honourable Member is most likely the result of a simple arithmetical average of the three figures above. These figures are published by Eurostat and are on the basis of prices in Euros. If the same type of figures are provided in national currencies, the nominal prices of electricity in Spain have fallen by 12,5 % for households, by 16 % for small enterprises, and by 13,7 % for industry in general (July 1996-July 1999). C 113 E/42 Official Journal of the European Communities EN 18.4.2001 The Commission is aware of various studies published by the Spanish electricity and gas regulator 2. ((cid:145)Comisi(cid:243)n Nacional de la Energ(cid:237)a(cid:146)). In particular, it is worth mentioning the comparative study CNSE OI002/99, published in the internet site (cid:145)http/wwwint.cne.es/pdf/OI001_99.pdf(cid:146). The Comisi(cid:243)n Nacional notes in paragraphs 20 and 30 of the report that prices of electricity in Spain for the years 1997 and 1998 have fallen. The Commission is not aware of the studies carried out by the Comisi(cid:243)n Nacional and mentioned by the Honourable Member where it is allegedly stated that prices of electricity have increased in Spain both for 1998 and 1999. The Commission also notes that the Comisi(cid:243)n Nacional has, on various occasions, provided the Commission with various charts and figures that show again that nominal prices of electricity have fallen by 7,8 % for domestic consumers, and by 12,1 % for industrial consumers. Differences between these figures and those calculated by the Commission are probably due to the use of a different methodology. In particular, prices used by the Comisi(cid:243)n Nacional include the tax on the Spanish electricity for 1998 and 1999, whereas the figures from the Commission are tax excluded. (1) COM(2000) 297 final. (2001/C 113 E/038) WRITTEN QUESTION E-1791/00 by Cristiana Muscardini (UEN) and Sergio Berlato (UEN) to the Commission Subject: Harmonisation of the prices of petroleum products (8 June 2000) It is common knowledge that the prices of petroleum products differ greatly from one Member State to the next. As at 1 December 1999, prices for unleaded petrol ranged from ITL 1 378 per litre in Greece to ITL 1 946 per litre in Italy, while heating oil cost ITL 752 per litre in Austria and ITL 1 544 in Italy. Now the price of petrol in Italy has risen again, and diesel oil has reached ITL 1 705 per litre. The prices of these products in Italy are far higher than the European average. In the Commission(cid:146)s view: 1. 2. what are the reasons for these divergences? can a single market in petroleum products ever be established as long as prices differ so greatly? do such differences not undermine competitiveness, to the detriment, in particular, of those countries 3. and areas (such as mountain areas in the case of heating oil) where prices are high? 4. what, if any, are the objective obstacles preventing it from proposing harmonisation in this area? why are the higher costs for heating products not taken into account in the measures relating to the 5. less-favoured mountain areas, given their cooler climate? Answer given by Mr Bolkestein on behalf of the Commission (28 July 2000) 1. The structure of fuel prices is composed of three principal factors: the cost of the crude, the refining cost and distribution, and finally taxes. In general, fuel price differentials are mainly due to differences in tax levels and in particular the way each Member State applies the fiscal provisions included in the Community legislation. Differences in competitive structures of the markets can also play a role. 2. Since 1992 the Community system for taxing energy products has been based essentially on two directives relating to excise duties on mineral oils, which were drawn up with a view to establishing the internal market on 1 January 1993. These are Council Directives 92/81/EEC (1) and 92/82/EEC1 (2), which establish a minimum tax level for each mineral oil to be applied Community-wide according to its use
http://publications.europa.eu/resource/cellar/7650ade3-039c-4a11-b924-726c56ac64d9
92000E001787
WRITTEN QUESTION E-1787/00 by Salvador Garriga Polledo (PPE-DE) to the Commission. Boarding of a Community fishing vessel by Canadian inspectors.
2000-06-08
eng
[ "European Parliament", "Provisional data" ]
[]
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[ "html", "pdf", "print" ]
[ "Canada", "fishing area", "fishing vessel", "international law", "law of the sea", "maritime surveillance" ]
[ "5100", "4790", "4829", "565", "542", "3995" ]
18.4.2001 EN Official Journal of the European Communities C 113 E/39 Certain islands constitute a specific group, the outermost regions, which share a range of handicaps defined in Article 299(2) (ex Article 227) of the EC Treaty. On 14 March 2000 the Commission adopted a report (4) on implementation of this new Article. (1) COM(1997) 599. (2) OJ C 143, 23.5.2000. (3) OJ L 184, 27.7.1993. (4) COM(2000) 147 final. (2001/C 113 E/034) WRITTEN QUESTION E-1739/00 by Ioannis Souladakis (PSE) to the Council (5 June 2000) Subject: Funding of the pre-accession procedure for Cyprus and Malta What action does the Council intend to take to ensure that the appropriations provided for the applicant countries Cyprus and Malta are moved from chapter B4 of the budget, concerning external aid, to Chapter B7, concerning pre-accession aid, in accordance with the guidelines for the 2001 budget that Parliament has already voted on (paragraph 48)? Reply (20 November 2000) In its first reading of the preliminary draft general budget for the financial year 2001 the Council has provided for those appropriations to be entered under Title B7-0 (Pre-accession strategy) with the other budget entries concerning the applicant countries. The Council would stress that it considers that the financing of the budget entries for the pre-accession strategy for Cyprus and Malta ought at this stage to come under heading 4 (External action) of the financial perspective. The Budget Council discussed the matter at its meeting on 20 July 2000. (2001/C 113 E/035) WRITTEN QUESTION E-1787/00 by Salvador Garriga Polledo (PPE-DE) to the Commission (8 June 2000) Subject: Boarding of a Community fishing vessel by Canadian inspectors The actions of Canadian inspectors on board a Portuguese freezer vessel with a Spanish crew (the (cid:145)Santa Mafalda(cid:146)) has once again given rise to fears that the Canadian authorities are launching a new halibut war. On 24 April 2000 the Santa Mafalda was fishing in NAFO international waters when it was boarded by Canadian inspectors. This has been described by the Spanish Association of Licensed Seamen (Aetinape) as a further infringement by Canada of the International Law of the Sea. How have the Community authorities responded to this further act of provocation (similar to the halibut war) on the part of the Canadian inspectors concerned and to what extent can Community fishermen be sure that such actions, which are an infringement of the International Law of the Sea, will not be allowed to happen again? C 113 E/40 Official Journal of the European Communities EN 18.4.2001 Answer given by Mr Fischler on behalf of the Commission (12 July 2000) In accordance with the North West Atlantic Fisheries Organisation (NAFO) scheme of joint international inspection and surveillance, each contracting party may assign inspectors to this scheme and notify surveillance vessels to NAFO. Provided that NAFO inspectors are assigned to the scheme and embarked on a surveillance vessel which has been notified to NAFO, they may carry out inspections on board any fishing vessel flying the flag of a contracting party. NAFO inspectors are obliged to carry out their duties in accordance with the rules set out in the NAFO scheme. They are obliged to remain under the operational control of the authorities of their contracting parties and to be responsible to them. On 23 April 2000, two Canadian NAFO inspectors, accompanied by a trainee, carried out a routine inspection on board the Community fishing vessel (cid:145)Santa Mafalda(cid:146) which operated at that moment in the NAFO regulatory area. Both the Canadian inspectors as well as the surveillance vessel on which they were embarked are listed under the above scheme. Their inspection was carried out under its auspices. The Canadian NAFO inspectors alleged the vessel committed a serious infringement of NAFO rules. In accordance with NAFO procedures, the Commission has been informed of the details of the infringements Inspectors of the Commission conducted, on 24 April 2000, a by the Canadian NAFO inspectors. verification of the findings of the Canadian inspectors and transmitted their report to the Portuguese authorities who ordered the vessel to port. The vessel arrived in Aveiro on 10 May 2000. The case is being investigated by the Portuguese authorities. As regards the way in which the inspection was conducted, the Commission has drawn the attention of the Canadian authorities to the seizure of relevant documentation by the Canadian NAFO inspectors as well as their continued stay on board the (cid:145)Santa Mafalda(cid:146). The Commission takes the view that the Canadian NAFO inspectors acted in breach of the NAFO scheme by taking away documents from the vessel without the permission of the master and by continuing to stay on board after the arrival of the inspectors of the Commission on board the (cid:145)Santa Mafalda(cid:146). The Commission is confident that the Canadian authorities will take appropriate measures to ensure that future inspections by Canadian NAFO inspectors on board Community fishing vessels operating in the NAFO regulatory area are conducted in full compliance with the scheme. (2001/C 113 E/036) WRITTEN QUESTION E-1788/00 by Salvador Garriga Polledo (PPE-DE) to the Commission Subject: Asturian Rural Accommodation Network (8 June 2000) At a meeting recently held by the Spanish Rural Tourism Association, attention was once again drawn to the importance which has been acquired, in the Community tourism sector, by the activities of those who promote this type of tourism in rural areas of the Community. In this connection the activities pursued by the Asturian Rural Accommodation Network may be highlighted. This body operates in one of the most scenically attractive regions of the Community and the direct technical assistance which it provides to new promoters of rural tourism in Asturias has led to the creation of many direct jobs in the region and approximately half as many indirect jobs. What Community aid has been provided for the development of the Asturian Rural Accommodation Network and to what extent, and in what way, can the promoters of this type of rural tourism in Asturias gain access to the Community aid available to the sector?
http://publications.europa.eu/resource/cellar/1de9d033-2168-4495-8877-655ad88b2f53
92000E001797
WRITTEN QUESTION E-1797/00 by Jonas Sjöstedt (GUE/NGL) to the Commission. Cutbacks in Swedish customs service.
2000-06-08
eng
[ "European Parliament", "Provisional data" ]
[]
[]
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[ "html", "pdf", "print" ]
[ "Småland and the islands (Sweden)", "Sweden", "collective dismissal", "competence of the Member States", "customs inspection", "external border of the EU", "extra-EU trade", "size of business" ]
[ "6245", "4320", "1647", "40", "4079", "5649", "618", "445" ]
C 89 E/88 Official Journal of the European Communities EN 20.3.2001 As to the compatibility of the aid with the common market, point 3.4 of the guidelines states that the Commission does not normally approve operating aid, which relieves firms of costs resulting from the pollution they cause. However, the Commission may authorise a temporary relief from new environmental taxes where it is necessary to offset losses in competitiveness, particularly at international In principle, the aid should be degressive. A further factor to be taken into account is what the firms concerned have to do in return, to reduce their pollution. The reduced CO2 tax rate on coal and natural gas used in industrial manufacturing was approved until the end of 1999. The Commission has just received further information from the Swedish authorities on the planned prolongation of the scheme, and will proceed to assess it (2). level. (1) OJ C 72, 10.3.1994. (2) State aid case N 2/2000. (2001/C 89 E/091) WRITTEN QUESTION E-1797/00 by Jonas Sj(cid:246)stedt (GUE/NGL) to the Commission (8 June 2000) Subject: Cutbacks in Swedish customs service What are the Commission(cid:146)s views on the proposal for cutbacks in the Swedish customs service, which include a risk that Gotland, for example, will be left completely unmanned? Since Gotland should be regarded as an external EU border, has the Commission examined the customs service(cid:146)s reductions in staff and its plans for future activities? Answer given by Mr Bolkestein on behalf of the Commission (19 July 2000) The legal basis for protecting the external borders of the Community when it comes to matters of Community competence is contained in the relevant Community legislation. Member States, acting on the basis of such legal provisions, apply any resulting measures on behalf of the Community. The manner in which they do this and the resources allocated to such actions fall under the responsibility of Member States. The Commission is then able to check the application of any such measures through control visits to Member States under its own resources responsibilities. The Commission also works with Member States under the Customs 2002 programme on means of ensuring greater effectiveness of controls across the Community. (2001/C 89 E/092) WRITTEN QUESTION E-1798/00 by Jonas Sj(cid:246)stedt (GUE/NGL) to the Commission (8 June 2000) Subject: Ban on fireworks A ban on the sale of fireworks is being discussed in Sweden. Is such a ban consistent with internal market principles concerning the free movement of goods when fireworks are allowed to be sold in other Member States?
http://publications.europa.eu/resource/cellar/301e632b-16b8-49d7-8d01-93ab798cc128
92000E001779
WRITTEN QUESTION E-1779/00 by Glyn Ford (PSE) to the Commission. EU fishing agreements with Morocco.
2000-06-08
eng
[ "European Parliament", "Provisional data" ]
[]
[]
[]
[ "html", "pdf", "print" ]
[ "Morocco", "fishing agreement", "fishing area", "negotiation of an agreement (EU)" ]
[ "1819", "2556", "4790", "5749" ]
C 89 E/84 Official Journal of the European Communities EN 20.3.2001 The Commission therefore contends that the report and map published in European Newsletter No 9 were sufficient to convey the most important information concerning Quick Start aid to road development in Bosnia and Herzegovina. While trying to ensure that all published material is reliable, it does not appear that corrective measures are required in this case. (2001/C 89 E/086) WRITTEN QUESTION E-1779/00 by Glyn Ford (PSE) to the Commission (8 June 2000) Subject: EU fishing agreements with Morocco Is the European Commission aware that the coastal waters south of 27(cid:176)4’ parallel lie off disputed territory? Does it therefore acknowledge that it is neither right nor proper to include these off-shore waters in any fisheries agreement with Morocco? Will it therefore accept that the territorial waters south of the parallel 27(cid:176)4’ should not constitute part of the current EU fisheries agreement being negotiated with Morocco? Answer given by Mr Fischler on behalf of the Commission (7 July 2000) In the possible negotiations with Morocco, the Commission will refer to the (cid:145)fishing zone of Morocco(cid:146), this area being defined by the (cid:145)waters falling within sovereignty and/or within the jurisdiction of Morocco(cid:146). This definition does not prejudge in any way the status of the waters to the south of parallel 27(cid:176)4’, this question being governed by international law, and more particularly, by the various resolutions of the United Nations, to which the Community has constantly given its support. (2001/C 89 E/087) WRITTEN QUESTION E-1780/00 by Glyn Ford (PSE) to the Commission (8 June 2000) Subject: Alyssandrakis report on space policy This report, adopted in the European Parliament on 18 May 2000, calls on the European Commission to organise a conference of the space powers, namely the European Union, Russia, USA, Japan and China, to discuss cooperation on the development of launch vehicles and the creation of a GSSP. Is the Commission planning to respond to Parliament(cid:146)s call? If so, when approximately is it planned? Answer given by Mr Busquin on behalf of the Commission (18 July 2000) The questions of future launcher development and the provision of a global stationary satellite position (GSSP) do not form a part of the present Commission work programme. These subjects are currently dealt with adequately by the Member States.
http://publications.europa.eu/resource/cellar/864cc260-7e9f-4797-98ba-8449d8a35136
52000SC1008
Communication from the Commission to the European Parliament pursuant to the second subparagraph of Article 251 (2) of the EC-Treaty on the Council common position of 5 June 2000 concerning the proposal for a Decision of the European Parliament and of the Council amending Decision No 1692/96/EC as regards seaports, inland ports and intermodal terminals as well as project No 8 in Annex III
2000-06-08
eng
[ "European Commission" ]
[]
[]
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[ "html" ]
[ "combined transport", "harbour installation", "project evaluation", "trans-European network", "transport network" ]
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EUR-Lex - 52000SC1008 - EN Avis juridique important | 52000SC1008 Communication from the Commission to the European Parliament pursuant to the second subparagraph of Article 251 (2) of the EC-Treaty on the Council common position of 5 June 2000 concerning the proposal for a Decision of the European Parliament and of the Council amending Decision No 1692/96/EC as regards seaports, inland ports and intermodal terminals as well as project No 8 in Annex III /* SEC/2000/1008 final - COD 97/0358 */ COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to the second subparagraph of Article 251 (2) of the EC-Treaty on the Council common position of 5 June 2000 concerning the proposal for a Decision of the European Parliament and of the Council amending Decision No 1692/96/EC as regards seaports, inland ports and intermodal terminals as well as project No 8 in Annex III1. Historical backgroundOn 10 December 1997 the Commission adopted a proposal for a European Parliament and Council Decision amending Decision N° 1692/96/EC as regards seaports, inland ports and intermodal terminals as well as project N° 8 in Annex III (COM (1997) 681 final - 1997/0358/COD).The European Parliament delivered its opinion on the proposal in first reading on 10 March 1999. On this occasion it adopted 13 amendments which contain at least 22 modifications.In response to the Parliament's opinion, the Commission submitted an amended proposal for a Decision to Parliament and Council on 17 June 1999 (COM (1999) 277 final).The Economic and Social Committee delivered its opinion on 29 April 1998.The Committee of the Regions delivered its opinion on 17 September 1998.The Council adopted its common position on 5 June 2000 by unanimity.2. Objective of the Commission ProposalThe objective of the amending proposal is to complement Decision N° 1692/96/EC on Community guidelines for the development of the trans-European transport network (TEN-T) by clarifying and reinforcing the position of seaports, inland ports and intermodal terminals in the network.Part 1 of the proposal aims at amending the characteristics of seaports, inland ports and intermodal terminals in the Decision, suggests criteria for their identification in Annex I and seeks to improve the definition of relevant projects of common interest relating to seaports, inland ports and intermodal terminals in Annex II.It is also proposed to assist the development of Trans-European Rail Freight Freeways.Part 2 of the proposal makes a change to the specific project N° 8 in Annex III (the list of the specific projects designated by the 1994 Essen European Council) from "Motorway Lisbon-Valladolid" to "Multimodal link Portugal/Spain with the rest of Europe", as requested by the governments of Spain and Portugal and endorsed by the Dublin European Council in December 1996.In all other respects the text of Decision 1692/96/EC remained unchanged.3. Comments on the common position3.1. General commentsOn the whole the Council's common position follows the main idea and structure of the Commission proposal. However, it makes several modifications to the proposed provisions on inland ports and seaports, and it does not take up the parts on intermodal terminals and the trans-European rail freight corridors.The Council accepted, totally or partially 11 of the modifications included in the 13 EP amendments. Six of these modifications were included in the common position totally or in spirit.The Commission had accepted 11 of the EP modifications and these were reflected in the Commission's amended proposal (COM (1999) 277 final) of 17/6/1999. From these, the Council accepted 4.The Council adopted the common position unanimously. The Commission accepted the modifications regarding the provision on seaports and inland ports as well as the rejection of the trans-European freight corridors in the spirit of a global compromise. However, the Commission made a dissenting statement to the minutes concerning the non-inclusion of the part on intermodal terminals.3.2. Action taken on the European Parliament amendments adopted on first reading(a) Amendments accepted by the Commission and included or taken into account in the common positionAmendment 4 (Article 12 (2) Decision N° 1692/96/EC)The Commission accepted the deletion of the criterion in lit. c which would only apply to a very few negligible cases. The Council also took account of that deletion in the common position.Amendment 10 (Annex II, Section 5, Paragraph 3)The Commission agreed to a reference concerning "other intelligent management systems for freight and passenger traffic". The Council also took up the addition.Amendment 11 (Annex II, Section 5, Paragraph 4)In so far as the amendment sought to delete the "specific condition" regarding the eligibility for Community financial support of port projects, the Commission agreed to the deletion. The Council also took account of the deletion of that clause in the common position.Amendment 13 (Annex III, N° 8)The Commission agreed that the various elements of the specific project N° 8 should be described more precisely and accepted the amendment from the Parliament.The Council also decided to include this description in the common position.b) Amendments accepted by the Commission but not included in the common positionAmendments 1, 2 and 7 (Article 10 (4), Annex II, Section 3)The Commission adhered to the Parliament's concern regarding the reference to "Trans-European Rail Freight Freeways" and reformulated the provisions by making clear that the focus lay (in the present context) rather on the development of infrastructure on trans-European rail freight corridors than on the development of the service itself.The Council did not take the reformulation up. The Commission accepted the non-inclusion of the reference in a spirit of a global compromise.Amendment 4 (Article 12 (2) Decision N° 1692/96/EC)The Commission accepted the part of the section which referred to Article 299 (2) of the EC Treaty concerning the islands in outermost regions. The Commission was mindful however that Article 154 (2) (ex-Article 129 b) emphasises also the need to link islands and peripheral regions. It therefore proposed that those ports on islands (and those linking the mainland to them) should also be included provided they met the threshold of 200.000 passengers on domestic and international journeys and that the respective ports were situated more than more than 5 km apart from each other.In contrast to this, the Council adopted a different approach as set out below:The common position follows a similar approach to that used for airports in section 6 of the Guidelines in that certain eligibility criteria are added, not to the enacting terms in Article 12 but to Annex II Section 5 (criteria and specifications for projects of common interest). This includes:1) A classification of seaports into three categories:- Category A: seaports with more than 1 million tonnes freight or 200.000 passengers (domestic and international voyages) p.a.,- Category B: seaports between 500.000 and 999.999 tonnes freight or 100.000 and 199.999 passengers p.a.,- Category C: all seaports on islands which do not fall under category A or B.Only the ports in category A shall be shown on indicative maps in Annex I.2) A table setting out the specifications which a project must meet in order to be deemed to be of common interest and which allocates the various types of projects to the three categories of ports.The Commission accepts this change. The ports in Category A correspond to a large extent to the ports the Commission has identified in its proposal. The classification of the ports and the allocation of corresponding types of projects not only allows projects for the most relevant ports (Category A) to be considered as eligible projects of common interest, but also appropriate measures for minor ports, in particular ports on islands and outermost regions.The specifications of the projects of common interest relating to the seaports comply with the Commission proposal. The Commission can therefore agree with the solution in the common position.Amendment 5 (Article 14 (1) Decision N° 1692/96/EC)The Commission agreed to include the term "shortest possible initial and/or terminal road haulage" in Article 14 (1), first indent. It also agreed to the inclusion of "shipping routes" as one possibility for intermodal transport as well as to the definition of intermodal transport as "combined unitised transport (containers, trailers, swap bodies etc.)".The Council refused to amend the section of the guidelines dealing with intermodal terminals. In this respect the Commission expressed its disagreement (see point 3.3).Amendment 8 (Annex II, Section 4)The Commission accepted the change in N° 3 of the amendment and proposed to structure the categories of inland port projects similar to the seaports in Section 5.The Council maintained the existing text of the Guidelines. The Commission can accept this as the proposed change is only of an editorial nature.Amendment 9 (Annex II, Section 5)The Commission accepted the substitution of the term "port and port related infrastructure projects" by "infrastructure projects in or in connection with ports" in the first sentence of paragraph 2.In accordance with the wording in Annex II, section 6 (Airports) of the guidelines, the Council rephrased the term as "projects of common interest relating to the seaport network". The Commission can accept this editorial change, in particular in the context of the new approach followed by the Council for the seaports (see above amendment 4).Amendment 12 (Annex II, Section 7)The Commission accepted the amendment by the Parliament since it provided clarity about the eligibility of projects in connection with transhipment centres for combined transport.The Council did not take it up, as it did not want to amend the section of the guidelines dealing with intermodal terminals. In this respect the Commission expressed its disagreement (see point 3.3).c) Amendments not accepted by the Commission but included in the common positionAmendment 3 (Article 11 (3) Decision N° 1692/96/EC)The Commission did not incorporate the proposed eligibility criterion of 500.000 tonnes bulk freight p.a. for inland ports in its amended proposal. It has taken the view that the development of the trans-European transport network should focus on multimodal development and that therefore inland ports should be defined in first instance as interconnection points for intermodal freight transport.By contrast, the Council accepted the idea of the Parliament's amendment and added a bulk freight criterion in the common position, however with a minimum threshold of only 300.000 tonnes bulk freight p.a.In the spirit of a global compromise the Commission accepted the common position although this would mean the inclusion of at least 200 additional bulk-freight ports in the trans-European inland waterway component of the network.Amendment 6 (Annex I, section 4)The Commission did not want for the time being to change the legend of the maps so to also show inland ports which fulfil functions of seaports or which handle bulk freight. It is of the opinion that such indications on the maps should be considered in the course of the general revision of the guidelines.d) Amendments not accepted by the Commission and not included in the common positionAmendment (N°1) in so far as it is rejecting the idea of a White paper on the revision of the TEN guidelines, and stipulating strategic environmental impact assessments for ports and intermodal terminals.Amendment (N°4) which includes too restrictive selection criteria for seaports (link with TEN-route, increase of minimum freight threshold).Amendment (N°6) adding additional inland waterway links to the network schemes in Annex I.Amendments (N°8, 9) which provide too extensive a definition of port infrastructure.Amendments (N° 8, 11) seeking to introduce the notion of port superstructure.The Commission's reasons for the rejection of these amendments, were already given in the Commission document on the follow-up to the Parliament's opinion (doc. SP (1999)1454) and need not to be recapitulated in this context.3.3. Provisions proposed by the Commission but not taken up by the Council in its common positionIn the light of the intermodal objective of the TEN guidelines, the Commission proposed to clarify and reinforce the position, not only of seaports and inland ports, but also of the intermodal terminals. Intermodal terminals are a pre-condition for the interchange between different modes, in particular rail and road, and as such fulfil similar functions in the network as the seaports on the coast. The Commission therefore proposed to complement the combined transport network as specified in the TEN guidelines by rail/road terminals which are equipped with transhipment equipment to handle intermodal units and which show a clear evidence of traffic potential. On this basis the Commission identified in its proposal some 210 intermodal terminals.In its explanatory statement to the legislative proposal (doc. PE 229.595/fin) the EP welcomed expressly the Commission's concept: "Including inland ports and intermodal terminals is sensible since seaports and interconnection points in the hinterland affect each other and are also a significant factor in developing intermodal transport." (p.15)The Council decided not to take up the amendments proposed by the Commission regarding the intermodal terminals.The Commission therefore made the following statement to the minutes of the Council:"The Commission notes the unanimous agreement of the Council on a common position. It regrets that this common position does not include the part of the proposal dealing with intermodal terminals, given the importance attached to the development of combined transport and in view of the support that Parliament has given to this point at the first reading. It therefore reserves the right to come back to this aspect during the second reading".4. ConclusionsThe Commission agrees to the common position insofar as it builds on the underlying idea of the Commission proposal, in particular with regard to the provisions on the seaports. The Commission maintains however its proposal regarding the part on intermodal terminals which has also been supported by the European Parliament but which was not included in the common position.
http://publications.europa.eu/resource/cellar/fa230182-5136-4b7f-91e9-59b92b88d569
32000L0039
http://data.europa.eu/eli/dir/2000/39/oj
Commission Directive 2000/39/EC of 8 June 2000 establishing a first list of indicative occupational exposure limit values in implementation of Council Directive 98/24/EC on the protection of the health and safety of workers from the risks related to chemical agents at work (Text with EEA relevance)
2000-06-08
eng
[ "European Commission" ]
[]
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[ "chemical product", "health risk", "occupational health", "toxic substance" ]
[ "2739", "3730", "1280", "3135" ]
16.6.2000 EN Official Journal of the European Communities L 142/47 COMMISSION DIRECTIVE 2000/39/EC of 8 June 2000 establishing a first list of indicative occupational exposure limit values in implementation of Council Directive 98/24/EC on the protection of the health and safety of workers from the risks related to chemical agents at work (Text with EEA relevance) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 98/24/EC of 7 April 1998 on the protection of the health and safety of workers from the risks related to chemical agents at work (1), and in particular Article 3(2) thereof, Having regard to the opinion of the Advisory Committee on safety, hygiene and health protection at work, Whereas: (1) (2) (3) (4) (5) Pursuant to Directive 98/24/EC, the Commission is to propose European objectives in the form of indicative occupational exposure limit values for the protection of workers from chemical risks, to be set at Community level. The Commission, in carrying out this task, is assisted by the Scientific Committee for occupational exposure limits instituted by Commission Decision 95/320/EC (2). to chemical (SCOEL), agents limit values exposure For any chemical agent for which indicative occupa- tional at Community level, Member States are required to estab- lish a national occupational exposure limit value, taking into account the Community limit value, determining its nature in accordance with national legislation and prac- tice. established are Indicative occupational exposure limit values should be regarded as an important part of the overall approach to ensuring the protection of the health of workers at the the risks arising from hazardous workplace, against chemicals. A first and a second list of indicative occupational exposure limit values were established by Commission Directives 91/322/EEC (3) and 96/94/EC (4) in the frame- work of Council Directive 80/1107/EEC of 27 November 1980 on the protection of workers from the risks related to exposure to chemical, physical and biological agents at work (5). (6) (7) (8) (9) (10) (11) (12) Directive 80/1107/EEC has been repealed with effect from 5 May 2001 by Directive 98/24/EC. is appropriate to reenact, in the framework of It Directive 98/24/EC, the indicative occupational exposure limit values which had been established by Directives 91/322/EEC and 96/94/EC in the framework of Directive 80/1107/EEC. The list set out in the Annex contains the substances set out in the Annex to Directive 96/94/EC and incorpor- ates a number of other agents for which indicative occu- pational exposure limit values have been recommended by SCOEL, following the evaluation of the latest avail- able scientific data on occupational health effects and taking into account the availability of measuring tech- niques. In view of the foregoing and in the interests of clarity Directive 96/94/EC should be recast. It is necessary to establish short-term exposure limit values for certain substances to take account of effects arising from short-term exposure. For some agents, it is necessary to have regard also to the possibility of penetration through the skin, in order to ensure the best possible level of protection. This Directive constitutes a practical step towards the achievement of the internal market. the social dimension of The measures provided for in this Directive are in accordance with the opinion of the Committee instituted by Article 17 of Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (6), HAS ADOPTED THIS DIRECTIVE: Article 1 (1) OJ L 131, 5.5.1998, p. 11. (2) OJ L 188, 9.8.1995, p. 14. (3) OJ L 177, 5.7.1991, p. 22. (4) OJ L 338, 28.12.1996, p. 86. (5) OJ L 327, 3.12.1980, p. 8. Community indicative occupational exposure limit values are hereby established for the chemical agents set out in the Annex. (6) OJ L 183, 29.6.1989, p. 1. L 142/48 EN Official Journal of the European Communities 16.6.2000 Article 2 Article 4 Member States shall establish national occupational exposure limit values for the chemical agents listed in the Annex, taking into account the Community values. Directive 96/94/EC is repealed with effect referred to in Article 3(1). from the date Article 3 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2001 at the latest. They shall forth- with inform the Commission thereof. When Member States adopt these provisions, they shall contain a reference to this Directive or be accompanied by such a their official publication. Member reference at States shall determine how such reference is to be made. the time of 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 5 This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities. This Directive is addressed to the Member States. Article 6 Done at Brussels, 8 June 2000. For the Commission Anna DIAMANTOPOULOU Member of the Commission 16.6.2000 EN Official Journal of the European Communities L 142/49 ANNEX INDICATIVE OCCUPATIONAL EXPOSURE LIMIT VALUES Limit values Einecs (1) CAS (2) Name of agent Eight hours (4) Short-term (5) Notation (3) mg/m3 (6) ppm (7) mg/m3 (6) ppm (7) 200-467-2 60-29-7 Diethylether 200-662-2 67-64-1 Acetone 200-663-8 67-66-3 Chloroform 200-756-3 71-55-6 1,1,1-Trichloroethane 200-834-7 75-04-7 Ethylamine 200-863-5 75-34-3 1,1-Dichloroethane 200-870-3 75-44-5 Phosgene 200-871-9 75-45-6 Chlorodifluoromethane 201-159-0 78-93-3 Butanone 201-176-3 79-09-4 Propionic acid 202-422-2 95-47-6 o-Xylene 202-425-9 95-50-1 1,2-Dichlorobenzene 202-436-9 95-63-6 1,2,4-Trimethylbenzene 202-704-5 98-82-8 Cumene 202-705-0 98-83-9 2-Phenylpropene 202-849-4 100-41-4 Ethylbenzene 203-313-2 105-60-2 e-Caprolactam, (dust and vapour) 203-388-1 106-35-4 Heptan-3-one 203-396-5 106-42-3 p-Xylene 203-400-5 106-46-7 1,4-Dichlorobenzene 203-470-7 107-18-6 Allyl alcohol 203-473-3 107-21-1 Ethylene glycol 203-539-1 107-98-2 1-Methoxypropanol-2 203-550-1 108-10-1 4-Methylpentan-2-one 203-576-3 108-38-3 m-Xylene 203-603-9 108-65-6 2-Methoxy-1-methylethylacetate 203-604-4 108-67-8 Mesitylene (Trimethylbenzenes) 203-628-5 108-90-7 Chlorobenzene 203-631-1 108-94-1 Cyclohexanone 203-632-7 108-95-2 Phenol 203-726-8 109-99-9 Tetrahydrofuran 203-737-8 110-12-3 5-Methylhexan-2-one 203-767-1 110-43-0 Heptan-2-one 203-808-3 110-85-0 Piperazine 203-905-0 111-76-2 2-Butoxyethanol 203-933-3 112-07-2 2-Butoxyethyl acetate 308 1 210 10 555 9,4 412 0,08 3 600 600 31 221 122 100 100 246 442 10 95 221 122 4,8 52 375 83 221 275 100 47 40,8 7,8 150 95 238 0,1 98 133 100 500 2 100 5 100 0,02 1 000 200 10 50 20 20 20 50 100 — 20 50 20 2 20 100 20 50 50 20 10 10 2 50 20 50 — 20 20 616 — — 1 110 — — 0,4 — 900 62 442 306 — 250 492 884 40 — 442 306 12,1 104 568 208 442 550 — 94 81,6 — 300 — 475 0,3 246 333 200 — — 200 — — 0,1 — 300 20 100 50 — 50 100 200 — — 100 50 5 40 150 50 100 100 — 20 20 — 100 — 100 — 50 50 — — Skin — — Skin — — — — Skin Skin — Skin — Skin — — Skin — Skin Skin Skin — Skin Skin — — Skin Skin Skin — Skin — Skin Skin L 142/50 EN Official Journal of the European Communities 16.6.2000 Einecs (1) CAS (2) Name of agent Eight hours (4) Short-term (5) Notation (3) mg/m3 (6) ppm (7) mg/m3 (6) ppm (7) Limit values 204-065-8 115-10-6 Dimethylether 1 920 1 000 204-428-0 120-82-1 1,2,4-Trichlorobenzene 204-469-4 121-44-8 Triethylamine 204-662-3 123-92-2 Isopentylacetate 204-697-4 124-40-3 Dimethylamine 204-826-4 127-19-5 N,N-Dimethylacetamide 205-480-7 141-32-2 n-Butylacrylate 15,1 8,4 270 3,8 36 11 2 2 50 2 10 2 205-563-8 142-82-5 n-Heptane 2 085 500 208-394-8 526-73-8 1,2,3-Trimethylbenzene 208-793-7 541-85-5 5-Methylheptan-3-one 210-946-8 626-38-0 1-Methylbutylacetate 211-047-3 628-63-7 Pentylacetate 620-11-1 3-Pentylacetate 625-16-1 Amylacetate, tert 215-535-7 1330-20-7 Xylene, mixed isomers, pure 222-995-2 3689-24-5 Sulphotep 231-634-8 7664-39-3 Hydrogen fluoride 231-131-3 7440-22-4 Silver, metallic 231-595-7 7647-01-0 Hydrogen chloride 231-633-2 7664-38-2 Orthophosphoric acid 231-635-3 7664-41-7 Ammonia, anhydrous 231-954-8 7782-41-4 Fluorine 231-978-9 7783-07-5 Dihydrogen selenide 233-113-0 10035-10-6 Hydrogen bromide 247-852-1 26628-22-8 Sodium azide 252-104-2 34590-94-8 (2-Methoxymethylethoxy)-propanol Fluorides, inorganic 100 53 270 270 270 270 221 0,1 1,5 0,1 8 1 14 1,58 0,07 — 0,1 308 2,5 20 10 50 50 50 50 50 — 1,8 — 5 — 20 1 0,02 — — 50 — — 37,8 12,6 540 9,4 72 53 — — 107 540 540 540 540 442 — 2,5 — 15 2 36 3,16 0,17 6,7 0,3 — — (1) Einecs: European inventory of existing chemical substances. (2) CAS: Chemical abstract service registry number. (3) A skin notation assigned to the OEL identifies the possibility of significant uptake through the skin. (4) Measured or calculated in relation to a reference period of eight-hours time-weighted average. (5) A limit value above which exposure should not occur and is related to a 15-minute period, unless otherwise specified. (6) mg/m3: milligrams per cubic metre of air at 20 °C and 101,3 KPa. (7) ppm: parts per million by volume in air (ml/m3). — 5 3 100 5 20 10 — — 20 100 100 100 100 100 — 3 — 10 — 50 2 0,05 2 — — — — Skin Skin — — Skin — — — — — — — — Skin Skin — — — — — — — — Skin Skin —
http://publications.europa.eu/resource/cellar/515d3fe1-1aaf-44d6-93e9-e0c31fad092c
52000PC0353
Proposal for a Council Regulation laying down certain technical measures for the conservation of certain stocks of highly migratory species
2000-06-08
eng
[ "European Commission" ]
[]
[]
[]
[ "html", "pdf", "print" ]
[ "authorised catch", "conservation of fish stocks", "fishery management", "fishery resources", "sea fish" ]
[ "5254", "133", "1159", "3544", "2437" ]
C 337 E/78 EN Official Journal of the European Communities 28.11.2000 Proposal for a Council Regulation laying down certain technical measures for the conservation of certain stocks of highly migratory species (2000/C 337 E/11) (Text with EEA relevance) COM(2000) 353 final (cid:15) 2000/0149(CNS) (Submitted by the Commission on 8 June 2000) 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, Whereas: (1) The Community has approved the United Nations Convention on the Law of the Sea (1), which contains principles and rules relating to the conservation and In the management of the living resources of the sea. framework of the Community participates in efforts arising in international waters to conserve fish stocks. international obligations, its wider to Council Decision 86/238/EEC of 9 June (2) Pursuant 1986 (2), a the European Community Contracting Party to the International Commission for the Conservation of Atlantic Tunas, hereinafter called 6the ICCAT Convention7, since 14 November 1997. been has (3) The ICCAT Convention provides a framework for regional cooperation on the conservation and management of tunas and tuna-like species in the Atlantic Ocean and adjoining seas by setting up an International Commission for the Conservation of Atlantic Tunas, hereinafter called the 6ICCAT7, and adopting recommendations on conser- vation and management in the Convention area which become binding on the Contracting Parties. (4) The ICCAT has recommended a number of technical measures for certain stocks of highly migratory species in the Atlantic and the Mediterranean, specifying inter alia authorised sizes and weights of fish, and restrictions on fishing within certain areas and time-periods, with certain gears, and on capacity. These recommendations are binding on the Community and should therefore be implemented. (5) Certain technical measures adopted by the ICCAT were incorporated into Council Regulation (EC) No 1626/94 of 27 June 1994 laying down certain technical measures (1) OJ L 179, 23.6.1998, p. 1. (2) OJ L 162, 18.6.1986, p. 33. for the conservation of fishery resources in the Mediter- ranean (3) and Council Regulation (EC) No 850/98 of 30 fishery resources March 1998 for the conservation of the protection of for through technical measures juveniles of marine organisms (4). In the interests of clarity, together in this Regulation and the relevant Articles of the above Regulations should be repealed. these measures should be brought (6) To take into account traditional fishing practice in certain areas, specific provisions on the capture and retention on board of certain tuna species should be adopted. (7) The Community has approved the Agreement for the establishment of the Indian Ocean Tuna Commission (5). This agreement provides a useful framework for closer international cooperation and rational use of tunas and related species in the Indian Ocean by setting up the Indian Ocean Tuna Commission, hereinafter called the 6IOTC7, and adopting recommendations on conservation in the IOTC area which become and management binding on the Contracting Parties. (8) The IOTC has adopted a recommendation laying down technical measures for certain stocks of highly migratory species in the Indian Ocean. This recommendation is binding on the Community and should therefore be implemented. (9) The European Community has signed the Agreement on the International Dolphin Conservation Program (6) and decided to apply it on a provisional basis (7) pending its approval. The Community should therefore apply the provisions laid down in this Agreement. (10) The objectives of the Agreement include the progressive reduction of incidental dolphin mortalities in the tuna purse-seine fishery in the Eastern Pacific Ocean to levels approaching zero, by setting annual limits, and the long term sustainability of the tuna stocks in the Agreement Area. (11) Some provisions of this Agreement were incorporated into Regulation (EC) No 850/98. These provisions should be incorporated into this Regulation. (3) OJ L 171, 6.7.1994, p. 1. (4) OJ L 125, 27.4.1998, p. 1. (5) OJ L 236, 5.10.1995, p. 24. (6) OJ L 132, 27.5.1999, p. 1. (7) OJ L 147, 12.6.1999, p. 23. 28.11.2000 EN Official Journal of the European Communities C 337 E/79 (12) The Community has fishing interests in the Eastern Pacific Ocean and has applied to accede to the Inter-American Tropical Tuna Commission, hereinafter 6IATTC7. Pending accession, and in accordance with its obligation to involved in the cooperate with the other Parties management in this resources and conservation of region under the United Nations Convention on the Law of the Sea, the technical measures adopted by the IATTC should be applied by the Community. These measures should therefore be incorporated into Community law. (18) The control of fishing using drift-nets therefore poses special difficulties. Specific provisions for that activity should be defined. (19) The consequences of to constant fishing using drift-nets must be subject the assessment necessary data must be collected. therefore, and, (13) In the interests of clarity and efficiency, all technical measures applicable to the fishing of certain highly migratory stocks should, now or at a later date, be brought together in a Council Regulation. Council Regu- lation (EC) No 894/97 of 29 April 1997 laying down conservation of certain technical measures fishery resources (1), as last amended by Regulation (EC) No 1239/98, may therefore be repealed and certain Articles of Regulation (EC) No 850/98 may be deleted. the for (14) Drift-net fishing for tuna, swordfish and certain other species gives rise to by-catches and a risk for the popu- lations of species other than the target species. (15) In view of the risk of an uncontrolled expansion of the fishing effort and the inadequate selectivity of drift-nets, their use should be prohibited in fisheries for tuna, swordfish and certain other species. This ban should be introduced without delay to avoid any ecological risks. (16) Community vessels which have fished with drift-nets for those species are subject to economic constraints necess- itating a period of adjustment to the new restrictions. The ban on fishing with drift-nets by these vessels should therefore be phased in progressively over a reasonably short time. rules 1983 down laying detailed (17) Commission Regulation (EEC) No 2807/83 of 22 September for recording information on Member States’ catches of fish (2) does not cover all fisheries concerned by the use of drift-nets. The general provisions of Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control common fisheries policy (3) concerning logbooks and landing declarations only applied to the Mediterranean as from 1 January 1999. system applicable to the (20) Where detailed rules on the implementation of this Regu- lation may be necessary, such rules should be adopted in accordance with Decision 1999/468/EC of 28 June 1999 laying exercise of implementing powers conferred on the Commission (4). down the procedures the for HAS ADOPTED THIS REGULATION: Article 1 This Regulation lays down technical conservation measures applicable to vessels flying the flag of Member States and registered in the Community, hereinafter 6Community fishing vessels7, with regard to the capture and landing of certain stocks of highly migratory species referred to in Annex I to this Regulation in the maritime waters listed in Article 2. TITLE I DEFINITIONS Article 2 For the purposes of this Regulation, the following definitions of maritime waters shall apply: (a) Area 1 All waters of the Atlantic Ocean and adjacent seas covered by the ICCAT Convention as defined in Article 1 thereof. (b) Area 2 All waters of the Indian Ocean covered by the Agreement for Indian Ocean Tuna Commission as defined in Article 2 thereof. establishment the the of (c) Area 3 All waters of the Eastern Pacific Ocean as defined in Article 3 of the Agreement on the International Dolphin Conser- vation Program. (1) OJ L 132, 23.5.1997, p. 1. Regulation as last amended by Regulation (EC) No 1239/98. (2) OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regu- lation (EC) No 2846/98 (OJ L 358, 31.12.1998). (3) OJ L 276, 10.10.1983, p. 1. Regulation as last amended by Regu- lation (EC) No 2945/95 (OJ L 308, 21.12.1995, p. 18). (d) Area 4 All seas and oceans. (4) OJ L 184, 17.7.1999, p. 23. C 337 E/80 EN Official Journal of the European Communities 28.11.2000 TITLE II TECHNICAL MEASURES APPLICABLE IN AREA 1 C h a p t e r 1 The master of a vessel designated to receive an observer on board shall make every reasonable effort to facilitate his arrival and departure. During the observer’s stay on board he shall be provided with appropriate accommodation and working facilities. Restrictions on the use of certain types of vessels and gears Article 3 During the period 1 November to 31 January in the area 1. specified in paragraph 2, it shall be prohibited to: B anchor floating objects, B fish under artificial objects, B fish under natural objects, B fish using ancillary vessels, B throw into the sea artificial floating objects with or without buoys, B install buoys on floating objects found at sea, B remove floating objects and wait for the fish attracted by these objects to gather underneath the vessel, B tow floating objects outside the area. The area referred to in paragraph 1 is bounded as 2. follows: B southern boundary at latitude 4CS, B northern boundary at latitude 5CN, 7. Member States shall send the Commission by 1 May each year at the latest a comprehensive report assessing the content and conclusions of the reports of the observers assigned to vessels flying their flag. 8. The period referred to in paragraph 1, the area referred to in paragraph 2 and the arrangements for the assignment of observers set out in Annex II may be amended by the Commission in accordance with the procedure laid down in Article 24. Article 4 By way of derogation from Article 19, the following shall be prohibited: B the retention on board of any quantity of skipjack, bigeye or yellowfin tuna which are caught using purse seines in waters under the sovereignty or jurisdiction of Portugal in ICES sub-area X north of 36C30’N or in CECAF areas north of 31CN and east of 17C30’W, or the fishing for the said species in the said areas with the said gears; B the retention on board of highly migratory species which are caught using drift-nets in waters under the sovereignty or jurisdiction of Spain or Portugal in ICES sub-areas VIII, IX and X, or in CECAF areas around the Canary Islands and Madeira, or the fishing for the said species in the said areas with the said gears. B western boundary at longitude 20CW, Article 5 B eastern boundary at the coast of Africa. Fishing for bluefin tuna with encircling nets shall be 1. prohibited: Vessels shall be prohibited from commencing or 3. continuing fishing in the and during the period specified in paragraphs 1 and 2 without an observer on board. area 4. Member States shall take the necessary steps to appoint observers and ensure that they are placed on board all vessels flying their flag or registered in their territory which are about to undertake fishing activities in the area referred to in paragraph 2. 5. Member States shall take the necessary steps to ensure that properly appointed observers remain on board the fishing vessels to which they have been assigned until they are replaced by other observers. B from 1 to 31 May in the Mediterranean Sea as a whole and from 16 July to 15 August in the Mediterranean Sea excluding the Adriatic for vessels operating exclusively or predominantly in the Adriatic; B from 16 July to 15 August in the Mediterranean Sea as a whole and from 1 to 31 May in the Adriatic for vessels operating exclusively or predominantly in the Mediter- ranean Sea excluding the Adriatic. Member States shall ensure that all vessels flying their flag or registered in their territory are subject to the above rules. 6. The master of a Community vessel operating in the area and during the period specified in paragraphs 1 and 2 shall receive and cooperate with him in the performance of his duties during his stay on board. the observer For the purposes of this Regulation, the southern limit of the Adriatic Sea shall be a line drawn between the Albanian-Greek border and Cape Santa Maria di Leuca. 28.11.2000 EN Official Journal of the European Communities C 337 E/81 The use of aeroplanes or helicopters in support of fishing 1. operations for bluefin tuna in the Mediterranean shall be prohibited during the period from 1 to 30 June. Fishing for bluefin tuna in the Mediterranean using 3. surface-set longlines from vessels greater than 24 metres in length shall be prohibited during the period from 1 June to 31 July each year. The applicable length shall be that defined by the ICCAT and given in Annex III. 4. The length of vessels given in Annex III may be modified by the Commission in accordance with the procedure laid down in Article 24. C h a p t e r 2 Minimum size Article 6 A highly migratory species shall be undersized if 1. dimensions specified in Annex IV for the relevant species. its than the minimum dimensions smaller are The lists shall give the internal number allocated to each 3. vessel in the fishing vessel register in accordance with Article 5 of Commission Regulation (EC) No 2090/98 of 30 September 1998 the fishing Community (1). concerning register vessel the of 4. On the basis of the information provided by the Member States in accordance with paragraphs 2 and 3, the Council may, in accordance with the procedure laid down in Article 8(4)(ii) of Council Regulation (EEC) No 3760/92 of 20 December 1992 establishing system for fisheries and aquaculture (2), distribute among the Member States the number and capacity in gross registered tonnage (GRT) determined in accordance with paragraph 1. a Community 5. Before 15 August each year Member States shall send the Commission the list of fishing vessels greater than 24 metres in length fishing for bigeye tuna as a target species. The Commission shall send this information to the ICCAT secre- tariat before 31 August each year. The list referred to in paragraph 5 shall contain the 6. following information; 2. The dimensions set out in Annex IV may be modified by the Commission in accordance with the procedure laid down in Article 24. B vessel name, registration number, B previous flag, where applicable, Article 7 B international call sign, where applicable, shall not be Undersized fish of highly migratory species transported, retained on board or be transhipped, stored, displayed or offered for sale, sold or marketed. These species shall be returned immediately to the sea. landed, The release for free circulation or marketing in the Community of undersized fish of highly migratory species originating in third countries shall be prohibited. Article 8 The measurement of the size of fish of highly migratory species shall be carried out in accordance with Article 18 of Regulation (EC) No 850/98. C h a p t e r 3 Restrictions on the number of vessels Article 9 The Commission shall determine, in accordance with the 1. procedure laid down in Article 24, the number and total capacity in gross registered tonnage (GRT) of Community fishing vessels greater than 24 metres in length fishing for bigeye tuna as a target species. These shall be fixed as the average number and the capacity in gross registered tonnage of Community fishing vessels fishing for this species in the area during the period 1991 to 1992. 2. By 31 January each year at the latest Member States shall forward to the Commission a list of all vessels flying their flag and registered in their territory which intend to fish for bigeye tuna in Area 1 during that year. B vessel type, length and gross registered tonnage (GRT), B name and address of the vessel owner(s). Article 10 1. The Commission, in accordance with the procedure laid down in Article 24, shall determine the number of Community fishing vessels fishing for albacore tuna as a target species. The number of vessels shall be fixed as the average number of Community fishing vessels fishing for this species during the period 1993 to 1995. By 31 January each year at the latest Member States shall 2. forward to the Commission a list of all vessels flying their flag and registered in their territory which intend to fish albacore tuna in Area 1 during that year. 3. The lists shall give the internal number allocated to each vessel in the fishing vessel register in accordance with Article 5 of Regulation (EC) No 2090/98. On the basis of the information sent by the Member 4. States in accordance with paragraphs 2 and 3, the Council may, in accordance with the procedure laid down in Article 8(4)(ii) of Regulation (EEC) No 3760/92, distribute among the Member States the number and capacity in gross registered tonnage (GRT) determined in accordance with paragraph 1. (1) OJ L 266, 1.10.1998, p. 27. (2) OJ L 389, 31.12.1992, p. 1. Regulation as last amended by Regu- lation (EC) No 1181/98 (OJ L 164, 9.6.1998, p. 1). C 337 E/82 EN Official Journal of the European Communities 28.11.2000 Before 15 May each year Member States shall send the 5. Commission the list of vessels flying their flag which carry out directed fishing for albacore tuna. This list shall not include those fishing vessels carrying out alternative exploratory fishing using drift-nets. The Commission shall send this information to the ICCAT secretariat before 30 May each year. C h a p t e r 4 Other measures Article 11 Member States shall take steps to encourage the use of mono- filament streamer lines on swivels so that live blue marlins and white marlins may be easily released. Article 12 Notwithstanding Article 31 of Regulation (EC) No 850/98, electric current or harpoon guns may be used to catch tuna and basking shark (Cetorhinus maximus) in the Skagerrak and Kattegat. TITLE III TECHNICAL MEASURES APPLICABLE IN AREA 2 Article 13 List of vessels 1. Before 15 June each year Member States shall send the Commission the list of vessels greater than 24 metres in length flying their flag which fished for bigeye tuna, yellowfin tuna and skipjack tuna during the previous year in Area 2. The Commission shall send this information to the ICCAT secre- tariat before 30 June each year. The list referred to in paragraph 1 shall contain the 2. following information; B vessel name, registration number; B previous flag, where applicable, B international call sign, where applicable, B vessel type, length and gross registered tonnage (GRT), B name and address of the vessel owner, operator or charterer. TITLE IV TECHNICAL MEASURES APPLICABLE IN AREA 3 Article 14 Dolphin mortality limits (DMLs) 1. Only Community fishing vessels operating under the conditions laid down in the Agreement on the International Dolphin Conservation Program which have been allocated a Dolphin Mortality Limit (DML) shall be authorised to encircle schools or groups of dolphins with purse seines when fishing for yellowfin tuna in Area 3. 6DML7 shall mean the dolphin mortality limit laid down in the Agreement on the International Dolphin 2. Article 5 of Conservation Program. Article 15 Allocation of DMLs Before 15 September each year Member States shall send 1. the Commission: B a list of vessels flying their flag with a load capacity greater tonnes) which have than 363 metric tonnes (400 net applied for a DML for the whole of the following year; B a list of vessels flying their flag which are likely to operate in the area in the course of the following year; B a list of vessels flying their flag which have requested a DML for the first or second half of the following year; B for each vessel requesting a DML, a certificate stating that the vessel had all to protect dolphins and that its captain had completed an approved training course on rescuing and releasing dolphins. the proper gears and equipment comply with the the applications for 2. Member States shall ensure that laid down in the DMLs conditions Agreement International Dolphin Conservation Program and the conservation measures adopted by the IATTC. the on 3. The Commission shall examine the lists and ensure that they comply with the provisions of the Agreement on the International Dolphin Conservation Program and the conser- vation measures adopted by the IATTC and shall send them to the Director of the IATTC. the conditions Where this examination reveals that the application does not meet the referred to in this paragraph, Commission shall immediately inform the Member State concerned that it cannot send all or part of an application to the Director of the IATTC, stating its reasons. The Commission shall 4. send each Member State the overall DML to be distributed among the vessels flying their flag. 28.11.2000 EN Official Journal of the European Communities C 337 E/83 Each Member State shall send the Commission the 5. breakdown of the DMLs among the vessels flying the flag of that Member State by 15 January each year. The Commission shall send the Director of the IATTC the 6. list and breakdown of the DMLs between Community fishing vessels by 1 February each year. Article 16 Restrictions on capacity 1. The total capacity of Community fishing vessels auth- orised to fish for yellowfin tuna (Thunnus albacares) using purse seines shall be 7 885 metric tonnes. 2. Member States shall send the Commission a list of all vessels flying their flag and registered in their territory which intend to fish yellowfin tuna (Thunnus albacares) using purse seines in Area 3 during the year by 31 January each year at the latest. The lists shall give the internal number allocated to each 3. vessel in the fishing vessel register in accordance with Article 5 of Regulation (EC) No 2090/98. 4. On the basis of the information sent by the Member States in accordance with paragraphs 2 and 3, the Council may, in accordance with the procedure laid down in Article 8(4)(ii) of Regulation (EEC) No 3760/92, distribute among the Member States the capacity referred to in paragraph 1. Article 20 1. All fishing vessels using one or more drift-nets intended for the capture of species listed in Annex V shall operate under the following conditions: B during fishing activity, the vessel must keep the net under constant visual observation, B floating buoys, with radar reflectors, must be moored to each end of its position can be determined at any time. The buoys must be permanently marked with the registration letter(s) and number of the vessel to which they belong. the netting, so that 2. The master of a fishing vessel using one or more drift-nets referred to in paragraph 1 shall keep a logbook in record the following information on a which he must day-to-day basis: B the total length of the nets on board, B the total length of the nets used in each fishing operation, B the quantity of each species caught during each fishing in including by-catches and discards at sea, operation, particular cetaceans, reptiles and sea-birds, Article 17 Other measures B the quantity of each species held on board, B the date and position of such catches. The use of ancillary vessels to support vessels fishing with 1. the aid of fish aggregating devices shall be prohibited. 2. Transhipments at sea shall be prohibited. 3. All masters referred to in paragraph 2 shall forward to the competent authorities of the Member State of landing a declaration giving at least the quantities of each species landed and the catch dates and areas. TITLE V TECHNICAL MEASURES APPLICABLE IN AREA 4 Article 18 4. Masters of vessels using one or more drift-nets as referred to in paragraph 1 who wish to use a landing location in a Member State shall notify the competent authorities in the Member State concerned, at least two hours before arrival in port, of the planned landing location and time of arrival. By way of derogation from Article 2, Articles 19, 20, 21 and 22 shall not apply to waters covered by Council Regulation (EC) No 88/98 of 18 December 1997 laying down certain technical measures for the conservation of fishery resources in the waters of the Baltic Sea, the Belts and the Sound (1). 5. All fishing vessels using one or more drift-nets referred to in paragraph 1 shall keep on board the prior authorisation to fish issued by the competent authorities of the flag Member State. Article 19 Length of drift-nets Article 21 Ban on fishing with drift-nets No vessel may keep on board, or use for fishing, one or more length is more than 2,5 drift-nets whose individual or total kilometres. 1. From 1 January 2002, no vessel may keep on board, or use for fishing, one or more drift-nets intended for the capture of species listed in Annex V. (1) OJ L 9, 15.1.1998, p. 1. Regulation as last amended by Regulation (EC) No 1520/98 (OJ L 201, 17.7.1998, p. 1). From 1 January 2002, 2. listed in Annex V which have been caught in drift-nets. it is prohibited to land species C 337 E/84 EN Official Journal of the European Communities 28.11.2000 Until 31 December 2001, a vessel may keep on board, or 3. use for fishing, one or more drift-nets referred to in paragraph 1 after receiving authorisation from the competent authorities of the flag Member State. In 1998, the maximum number of vessels which may be authorised by a Member State to keep on board, or use for fishing, one or more drift-nets shall not exceed 60 % of the fishing vessels which used one or more drift-nets during the period 1995 to 1997. 2. When reference is made to this Article, the management procedure referred to in Articles 4 and 7 of Decision 1999/468/EC shall apply. The period provided for in Article 4(3) of that Decision shall be one month. By 30 April of shall 4. communicate to the Commission for each target species the list of vessels authorised to carry out fishing activities using the drift-nets referred to in paragraph 3. each year Member States Article 22 In the case of failure to comply with the obligations laid down in Articles 19, 20 and 21, the competent authorities shall take appropriate measures in respect of the vessels concerned, in accordance with Article 31 of Regulation (EEC) No 2847/93. Article 23 Restrictions on the use of purse seines 3. The Committee shall adopt its own rules of procedure. Article 25 1. Regulation (EC) No 894/97 is hereby repealed. Articles 24, 33 and 41 of Regulation (EC) No 850/98, the thereto relating to bluefin tuna and 2. entries in Annex XII swordfish are hereby repealed. 3. Articles 3a and 5a of Regulation (EC) No 1626/94, the entries in Annex IV thereto relating to bluefin tuna and Annex V thereto are hereby repealed. The encircling of schools or groups of marine mammals with purse seines shall be prohibited, except in the case of the vessels referred to in Article 14. 4. References to the above Regulation, Articles and Annexes shall be construed as references to this Regulation and shall be read in accordance with the table of equivalence in Annex VI. TITLE VI FINAL PROVISIONS Article 24 The Commission shall be assisted by a Committee for 6the 1. Fisheries and Aquaculture (hereinafter Committee7). referred to as Article 26 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. 28.11.2000 EN Official Journal of the European Communities C 337 E/85 ANNEX I LIST OF SPECIES REFERRED TO IN THIS REGULATION B Albacore: Thunnus alalunga B Bluefin tuna: Thunnus thynnus B Bigeye tuna: Thunnus obesus B Skipjack: Katsuwonus pelamis B Atlantic Bonito: Sarda sarda B Yellowfin tuna: Thunnus albacares B Blackfin tuna: Thunnus atlanticus B Little tuna: Euthynnus spp. B Southern bluefin tuna: Thunnus maccoyii B Frigate tuna: Auxis spp. B Oceanic sea breams: Brama rayi B Marlins: Tetrapturus spp.; Makaira spp. B Sailfish: Istiophorus spp. B Swordfish: Xiphias gladius B Sauries: Scomberesox spp.; Cololabis spp. B Sharks: Hexanchus griseus; Cetorhinus maximus; Alopiidae; Carcharhinidae; Sphymidae; Isuridae; Lamnidae B Cephalopods: (all species) B Cetaceans (whales and porpoises): Physeteridae; Belaenopteridae; Balenidae; Eschrichtiidae; Monodontidae; Ziphiidae; Delphinidae. C 337 E/86 EN Official Journal of the European Communities 28.11.2000 ANNEX II ARRANGEMENTS REFERRED TO IN ARTICLE 3 1. Assignment of observers a) In order to discharge their obligation to provide observers, Member States shall appoint properly qualified and experienced personnel. In order to carry out their tasks the personnel selected must have the following qualifi- cations: B sufficient experience to identify fish species and fishing gear; B maritime navigation skills; B a satisfactory knowledge of ICCAT conservation measures; B the capacity to accomplish elementary scientific tasks, for example taking of samples where necessary and making accurate observations and records in that connection; B a satisfactory knowledge of the language of the flag Member State of the vessel being observed. b) Member States must take appropriate measures to ensure that observers are received on board fishing vessels at the agreed time and place and to facilitate their departure on completion of the observation period. 2. Tasks of observers The main task of observers is to monitor compliance with the ban referred to in Article 1. In particular, designated observers will: a) monitor the fishing operations of the vessels concerned and record them in a report; b) send a report containing a summary of the observer’s main findings, including the biological data collected, to the competent authorities in the Member States concerned within 20 days following the observation period. 3. Relations with the masters of fishing vessels a) The master must be given sufficient notice of the date and place at which the observer is to be received and of the likely duration of the observation period. b) The master of the vessel may request a copy of the observer’s report. 28.11.2000 EN Official Journal of the European Communities C 337 E/87 ANNEX III ICCAT definition of length of vessels: B for any fishing vessel built after 18 July 1982, 96 % of the total length on a waterline at 85 % of the least moulded depth measured from the top of the keel, or the length from the foreside of the stem to the axis of the rudder stock on that waterline, if that be greater. In ships designed with a rake of keel, the waterline on which this length is measured shall be parallel to the designed waterline; B for any fishing vessel built before 18 July 1982, registered length as entered on the national registers or other record of vessels. ANNEX IV MINIMUM SIZES Species Minimum size Swordfish (Xiphias gladius) (1) (2) 25 kg or 125 cm (lower mandible) Bluefin tuna (Thunnus thynnus) (3) 6,4 kg or 70 cm Yellowfin tuna (Thunnus albacares) (4) Bigeye tuna (Thunnus obesus) (5) 3,2 kg 3,2 kg (1) This minimum size applies only to the Atlantic Ocean. (2) However, the rules laid down in Article 7 shall not apply to fish, representing up to 15 % in terms of individual fish numbers, weighing below 25 kg or less than 125 cm in length which are caught accidentally. (3) However, the rules laid down in Article 7 shall not apply to fish, representing up to 15 % in terms of individual fish numbers, weighing between 3.2 kg and 6.4 kg which are caught accidentally. (4) However, the rules laid down in Article 7 shall not apply to fish, representing up to 15 % in terms of individual fish numbers, weighing below 3.2 kg which are caught accidentally. (5) However, the rules laid down in Article 7 shall not apply to fish, representing up to 15 % in terms of individual fish numbers, weighing below 3.2 kg which are caught accidentally. ANNEX V B Albacore: Thunnus alalunga B Bluefin tuna: Thunnus thynnus B Bigeye tuna: Thunnus obesus B Skipjack: Katsuwonus pelamis B Atlantic Bonito: Sarda sarda B Yellowfin tuna: Thunnus albacares B Blackfin tuna: Thunnus atlanticus B Little tuna: Euthynnus spp. B Southern bluefin tuna: Thunnus maccoyii B Frigate tuna: Auxis spp. B Oceanic sea breams: Brama rayi B Marlins: Tetrapturus spp.; Makaira spp. B Sailfish: Istiophorus spp. B Swordfish: Xiphias gladius B Sauries: Scomberesox spp.; Cololabis spp. B Sharks: Hexanchus griseus; Cetorhinus maximus; Alopiidae; Carcharhinidae; Sphymidae; Isuridae; Lamnidae B Cephalopods: (all species). C 337 E/88 EN Official Journal of the European Communities 28.11.2000 Article 11 Article 11a Article 11b Article 11c Annex VIII Article 24 Article 33(1) Article 33(2) Article 33(3) Article 41 ANNEX VI TABLE OF EQUIVALENCE Regulation (EC) No 894/97 This Regulation Article 19 Article 21 Articles 20 and 22 Articles 2 and 18 Annex V Regulation (EC) No 850/98 This Regulation Article 4 Article 23 Article 2 Article 14(1) Article 12 Annex IV Annex XII relating to bluefin tuna and swordfish Regulation (EC) No 1626/94 This Regulation Article 3a Article 5a Annexe IV relating to bluefin tuna Annex V Article 5 Article 5 Annex IV Annex III