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COUNCIL DIRECTIVE 95/18/EC of 19 June 1995 on the licensing of railway undertakings
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 75 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the Economic and Social Committee (2),
Acting in accordance with the procedure laid down in Article 189c of the Treaty (3),
Whereas the single market shall comprise an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured;
Whereas the principle of the freedom to provide services should be applied to the railway sector, taking into account that sector's specific characteristics;
Whereas Council Directive 91/440/EEC of 29 July 1991 on the development of the Community's railways (4) provides for certain access rights in international rail transport for railway undertakings and international groupings of railway undertakings;
Whereas, in order to ensure that access rights to railway infrastructure are applied throughout the Community on a uniform and non-discriminatory basis, it is appropriate to introduce a licence for railway undertakings providing the services referred to in Article 10 of Directive 91/440/EEC;
Whereas it is appropriate to maintain the scope of Directive 91/440/EEC, including the exceptions made in it for regional, urban and suburban services and whereas it should be specified that transport activities in the form of shuttle services through the Channel Tunnel are also excluded from the scope of that Directive;
Whereas a licence issued by a Member State should accordingly be recognized as valid throughout the Community;
Whereas Community conditions for access to or transit via railway infrastructure will be regulated by other provisions of Community law;
Whereas, having regard to the principle of subsidiarity and in order to ensure the requisite uniformity and transparency, it is appropriate that the Community lay down the broad principles of such a licensing system, leaving to Member States the responsibility for the granting and the administration of licences;
Whereas, in order to ensure dependable and adequate services, it is necessary to ensure that railway undertakings meet at any time certain requirements in relation to good repute, financial fitness and professional competence;
Whereas for the protection of customers and third parties concerned it is important to ensure that railway undertakings are sufficiently insured or have made equivalent arrangements in respect of liability risks;
Whereas the suspension and revocation of licences and the granting of temporary licences should also be dealt with in this context;
Whereas a railway undertaking will also be required to comply with national and Community rules on the provision of railway services, applied in a non-discriminatory manner, which are intended to ensure that it can carry on its activity in complete safety on specific stretches of track;
Whereas, in order to ensure the efficient operation of international rail transport, it is necessary that railway undertakings respect the agreements in force in this field;
Whereas, finally, the procedures for the granting, maintenance and amendment of operating licences to railway undertakings should reflect a general desire for transparency and non-discrimination,
HAS ADOPTED THIS DIRECTIVE:
SECTION I
Objective and Scope
Article 1
1. This Directive concerns the criteria applicable to the issue, renewal or amendment of licences by a Member State intended for railway undertakings which are or will be established in the Community when they provide the services referred to in Article 10 of Directive 91/440/EEC under the conditions laid down in that Article.
2. Railway undertakings the activities of which are limited to the operation of urban, suburban or regional services shall be excluded from the scope of this Directive.
Railway undertakings and international groupings the activity of which is limited to the provision of shuttle services transporting road vehicles through the Channel Tunnel shall also be excluded from the scope of this Directive.
3. A licence shall be valid throughout the territory of the Community.
Article 2
For the purposes of this Directive:
(a) 'railway undertaking` shall mean any private or public undertaking the main business of which is to provide rail transport services for goods and/or passengers, with a requirement that the undertaking must ensure traction;
(b) 'licence` shall mean an authorization issued by a Member State to an undertaking, by which its capacity as a railway undertaking is recognized. That capacity may be limited to the provision of specific types of services;
(c) 'licensing authority` shall mean the body charged by a Member State with the issue of licences.
(d) - 'urban and suburban services` shall mean transport services operated to meet the transport needs of an urban centre or conurbation, as well as the transport needs between such centre or conurbation and surrounding areas;
- 'regional services` shall mean transport services operated to meet the transport needs of a region.
Article 3
Each Member State shall designate the body responsible for issuing licences and for carrying out the obligations imposed by this Directive.
SECTION II
Licences
Article 4
1. A railway undertaking shall be entitled to apply for a licence in the Member State in which it is established.
2. Member States shall not issue licences or extend their validity where the requirements of this Directive are not complied with.
3. A railway undertaking which fulfils the requirements imposed in this Directive shall be authorized to receive a licence.
4. No railway undertaking shall be permitted to provide the rail transport services covered by this Directive unless it has been granted the appropriate licence for the services to be provided.
However, such a licence shall not itself entitle the holder to access to the railway infrastructure.
Article 5
1. A railway undertaking must be able to demonstrate to the licensing authorities of the Member State concerned before the start of its activities that it will at any time be able to meet the requirements relating to good repute, financial fitness, professional competence and cover for its civil liability listed in Articles 6 to 9.
2. For the purposes of paragraph 1, each applicant shall provide all relevant information.
Article 6
Member States shall define the conditions under which the requirement of good repute is met to ensure that an applicant railway undertaking or the persons in charge of its management:
- has/have not been convicted of serious criminal offences, including offences of a commercial nature,
- has/have not been declared bankrupt,
- has/have not been convicted of serious offences against specific legislation applicable to transport,
- has/have not been convicted of serious or repeated failure to fulfil social- or labour-law obligations, including obligations under occupational safety and health legislation.
Article 7
1. The requirements relating to financial fitness shall be met when an applicant railway undertaking can demonstrate that it will be able to meet its actual and potential obligations, established under realistic assumptions, for a period of twelve months.
2. For the purposes of paragraph 1, each applicant shall give at least the particulars listed in section I of the Annex.
Article 8
1. The requirements relating to professional competence shall be met when:
(a) an applicant railway undertaking has or will have a management organization which possesses the knowledge and/or experience necessary to exercise safe and reliable operational control and supervision of the type of operations specified in the licence,
(b) its personnel responsible for safety, in particular drivers, are fully qualified for their field of activity and
(c) its personnel, rolling stock and organization can ensure a high level of safety for the services to be provided.
2. For the purposes of paragraph 1, each applicant shall give at least the particulars listed in section II of the Annex.
3. Appropriate written proof of compliance with qualification requirements shall be produced.
Article 9
A railway undertaking shall be adequately insured or make equivalent arrangements for cover, in accordance with national and international law, of its liabilities in the event of accidents, in particular in respect of passengers, luggage, freight, mail and third parties.
SECTION III
Validity of the licence
Article 10
1. A licence shall be valid as long as the railway undertaking fulfils the obligations laid down in this Directive. A licensing authority may, however, make provision for a regular review at least every five years.
2. Specific provisions governing the suspension or revocation of a licence may be incorporated in the licence itself.
Article 11
1. If there is serious doubt that a railway undertaking which it has licensed complies with the requirements of this Directive, and in particular Article 5 thereof, the licensing authority may, at any time, check whether that railway undertaking does in fact comply with those requirements.
Where a licensing authority is satisfied that a railway undertaking can no longer meet the requirements of the Directive, and in particular Article 5 thereof, it shall suspend or revoke the licence.
2. Where the licensing authority of a Member State is satisfied that there is serious doubt regarding compliance with the requirements laid down in this Directive on the part of a railway undertaking to which a licence has been issued by the licensing authority of another Member State, it shall inform the latter authority without delay.
3. Notwithstanding paragraph 1, where a licence is suspended or revoked on grounds of non-compliance with the requirement for financial fitness, the licensing authority may grant a temporary licence pending the re-organization of the railway undertaking, provided that safety is not jeopardized. A temporary licence shall not, however, be valid for more than six months after its date of issue.
4. When a railway undertaking has ceased operations for six months or has not started operations six months after the grant of a licence, the licensing authority may decide that the licence shall be submitted for approval or be suspended.
As regards the start of activities, the railway undertaking may ask for a longer period to be fixed, taking account of the specific nature of the services to be provided.
5. In the event of a change affecting the legal situation of an undertaking and, in particular, in the event of a merger or takeover, the licensing authority may decide that the licence shall be resubmitted for approval. The railway undertaking in question may continue operations, unless the licensing authority decides that safety is jeopardized; in that event, the grounds for such a decision shall be given.
6. Where a railway undertaking intends significantly to change or extend its activities, its licence shall be resubmitted to the licensing authority for review.
7. A licensing authority shall not permit a railway undertaking against which bankruptcy or similar proceedings are commenced to retain its licence if that authority is convinced that there is no realistic prospect of satisfactory financial restructuring within a reasonable period of time.
8. When a licensing authority suspends, revokes or amends a licence, the Member State concerned shall immediately inform the Commission accordingly. The Commission shall inform the other Member States forthwith.
Article 12
In addition to the requirements of this Directive, a railway undertaking shall also comply with those provisions of national law which are compatible with Community law and are applied in a non-discriminatory manner, in particular:
- specific technical and operational requirements for rail services,
- safety requirements applying to staff, rolling stock and the internal organization of the undertaking,
- provisions on health, safety, social conditions and the rights of workers and consumers.
Article 13
Railway undertakings shall respect the agreements applicable to international rail transport in force in the Member States in which they operate.
SECTION IV
Transitional provision
Article 14
Railway undertakings operating rail services shall be granted a transitional period of twelve months as at the final date of transposition referred to in Article 16 (2) in order to comply with the provisions of this Directive. That transitional period shall not cover any provision which might affect the safety of railway operations.
SECTION V
Final provisions
Article 15
1. The procedures for the granting of licences shall be made public by the Member State concerned, which shall inform the Commission thereof.
2. The licensing authority shall take a decision on an application as soon as possible, but not more than three months after all relevant information, notably the particulars referred to in the Annex, has been submitted, taking into account all the available information. The decision shall be communicated to the applicant railway undertaking. A refusal shall state the grounds therefore.
3. Member States shall take the measures necessary to ensure that the licensing authority's decisions are subject to judicial review.
Article 16
1. The Commission shall, two years after the application of this Directive, submit to the Council a report on such application accompanied, if necessary, by proposals concerning continued Community action, with particular regard to the possibility of enlarging the scope of the Directive.
2. Member States shall adopt the laws, regulations and administrative provisions necessary to comply with this Directive within two years of the date of its entry into force. They shall forthwith inform the Commission thereof.
3. When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such reference at the time of their official publication. The methods of making such a reference shall be laid down by the Member States.
Article 17
This Directive shall enter into force on the date of its publication in the Official Journal of the European Communities.
Article 18
This Directive is addressed to the Member States.
Done at Luxembourg, 19 June 1995.
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COMMISSION DECISION of 21 March 1989 concerning applications for refund of anti-dumping duties collected on certain imports of hydraulic excavators originating in Japan (Oswald de Bruycker NV) (Only the Dutch and French texts are authentic) (89/ 258/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), and in particular Article 16 thereof,
Whereas:
A. PROCEDURE
(1)
Council Regulation (EEC) No 1877/85 (2) imposed a definitive anti-dumping duty on imports of certain hydraulic excavators exceeding six tonnes but not exceeding 35 tonnes originating in Japan. The rate of duty applied to Kobelco-Kobesteel Ltd (hereinafter referred to as Kobelco) was 31,9 %.
(2)
Between November 1985 and July 1987 Oswald de Bruycker NV, Ostend, an independent importer, made five applications for the refund of definitive anti-dumping duties paid on the importation of
10 hydraulic excavators manufactured and exported
by Kobelco. The total amount requested was Bfrs . . . (3). The applications were sent to the Belgian customs authorities and forwarded to the Commission. For each application, the applicant was asked to provide the information needed to calculate the normal value of the products for the six months preceding each importation, as laid down in point I.B (a) of the Commission notice concerning the reimbursement of anti-dumping duties (4).
(3)
The Commission asked the applicant for additional information, which was supplied within the time limit set. The Commission also visited Kobelco's premises
in Japan to check the information on normal value which Kobelco had sent to the Commission at the request of the applicant.
(4)
The applicant was informed of the preliminary results of this examination and given an opportunity to comment.
(5)
The Commission informed the Member States and gave its opinion on the matter. No Member State raised any objection.
B. ARGUMENT OF THE APPLICANT
(6)
Essentially, the applicant argued that the export price paid was significantly higher than the normal value.
C. ADMISSIBILITY
(7)
The applications are admissible in that they were introduced in conformity with the relevant provisions of the Community's anti-dumping legislation, in particular with regard to time limits.
D. MERITS OF THE CLAIM
(8)
The applications are founded in part. Pursuant
to Article 16 (1) of Council Regulation (EEC)
No 2176/84 (5) (and under Regulation (EEC) No 2423/88) an importer who has paid anti-dumping duties and who applies for reimbursement must show that the duty collected exceeds the dumping margin calculated over the relevant reference period for the imports for which the duty was collected. Calculation of the actual dumping margin must normally be based on the same method as that applied during the original investigation, in particular with regard to any application of weighted averages (6).
(9)
In this case an average dumping margin applied without distinction to all the models released for free circulation in the Community during a single reference period was established by comparing the normal value of each model on a monthly weighted average basis with the export price of the same model during the corresponding month on a transaction-by-transaction basis (7).
The Commission considered that the information supplied by the applicant regarding export prices and by the exporter regarding the normal value of the different models was sufficient to calculate correctly the average actual dumping margin. A dumping margin was thus calculated for each reference period corresponding to an application, whereby the average normal value of each model was compared on a transaction-by-transaction basis with the export price for each of Kobelco's consignments released for free circulation in the Community during the reference period in question.
It was found that in all the reference periods except the first the initial dumping margin had been gradually reduced or eliminated, resulting in an average actual dumping margin below the amount of duty collected. This development was due essentially to a rise in export prices, which was not sufficient, however, to eliminate the dumping entirely in every case.
E. AMOUNT TO BE REIMBURSED
(10)
A total of Bfrs . . . is reimbursable to Oswald de Bruycker NV, representing the difference between the amount of duty collected and the actual dumping margin,
HAS ADOPTED THIS DECISION:
Article 1 The refund applications submitted by Oswald de Bruycker NV are hereby granted for Bfrs . . . and rejected for the remainder.
Article 2 The amount set out in Article 1 shall be refunded by the Belgian authorities.
Article 3 This Decision is addressed to the Kingdom of Belgium and Oswald de Bruycker NV, Archimedesstraat 53, B-8400 Ostend.
Done at Brussels, 21 March 1989.
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COUNCIL DIRECTIVE of 12 October 1971 on the approximation of the laws of the Member States relating to the measuring of the standard mass per storage volume of grain (71/347/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof;
Having regard to the proposal from the Commission;
Having regard to the Opinion of the European Parliament 1;
Having regard to the Opinion of the Economic and Social Committee 2;
Whereas the instruments and methods used in the Member States to measure the standard mass per storage volume of grain are different and directly affect the functioning of the common market ; whereas approximation of the laws in this field will facilitate trade not only in grain but also in measuring instruments;
Whereas for this purpose it is advisable to define a particular characteristic, designated the "EEC standard mass per storage volume", and to lay down the technical requirements which must be satisfied by the standard instruments used to determine this reference value;
Whereas measuring instruments whose accuracy is defined in relation to that of standard instruments and which have been subjected to the controls provided for in the Council Directive of 26 July 1971 3 on the approximation of the laws of the Member States relating to provisions for both measuring instruments and methods of metrological control give sufficient guarantees to justify their legal use in all the Member States ; whereas these measuring instruments can consequently be marketed throughout the Community;
Whereas it is necessary, with respect to trade between Member States, to prohibit measurement of the standard mass per storage volume of grain according to the various provisions and practices at present applicable in the Community ; whereas the exclusive and compulsory use of the EEC standard mass per storage volume in all Member States will prevent disputes in intra-Community trade about this method of measurement;
HAS ADOPTED THIS DIRECTIVE:
Article 1
This Directive concerns: (a) the definition of the characteristic of grain designated "masse à l'hectolitre CEE", "EEG natuurgewicht", "EWG-Schüttdichte", "peso ettolitrico CEE" (EEC standard mass per storage volume);
(b) the requirements for the technical construction and utilisation of the reference standard instrument used to determine the EEC standard mass per storage volume;
(c) the conditions which must be fulfilled by the working instruments used to measure the EEC standard mass per storage volume.
Article 2
1. The EEC standard mass per storage volume is the ratio of the mass expressed in kilogrammes to the volume expressed in hectolitres, as determined for any kind of grain by measurement with an 1OJ No C 63, 28.5.1969, p. 27. 2OJ No C 4, 14.1.1969, p. 4. 3OJ No L 202, 6.9.1971, p. 1.
instrument and according to a method which are in conformity with the provisions of this Directive.
2. The "reference" EEC standard mass per storage volume is the EEC standard mass per storage volume as determined by measurement with a standard Community or national instrument constructed and used in accordance with Chapters I and II of Annex I.
3. The reference EEC standard mass per storage volume is expressed in kilogrammes per hectolitre to two decimal places.
Article 3
1. The Community standard instrument shall be deposited with the Metrology Service of the Federal Republic of Germany. At least every ten years, national standard instruments shall, in conformity with Annex I, be checked against the Community standard instrument and adjusted accordingly by means of a transportable standard instrument of the same type.
2. A transportable standard instrument is an instrument without a weighing device, but otherwise having exactly the same characteristics as the Community and national standard instruments.
Article 4
1. For trading purposes, the term EEC standard mass per storage volume may only be used to designate a grain characteristics which has been measured with instruments conforming to the requirements of this Directive.
2. For the purposes of trade in grain between the Member States, the characteristic designated standard mass per storage volume may only be the EEC standard mass per storage volume which is defined above.
Article 5
The measuring instruments used for trading purposes to determine the EEC standard mass per storage volume of grain shall fulfil the requirements of Annex II.
They shall be subject to EEC pattern-approval and to EEC initial verification.
They shall be constructed and used in accordance with the conditions specified in the EEC pattern-approval certificate.
They shall bear EEC marks and symbols.
Article 6
No Member State may refuse, prohibit or restrict the placing on the market or the entry into service of measuring instruments used to determine the EEC standard mass per storage volume, where such instruments bear the EEC pattern-approval symbol and the EEC initial-verification mark.
Article 7
1. Member States shall put into force the laws, regulations or administrative provisions needed in order to comply with this Directive within eighteen months of its notification and shall forthwith inform the Commission thereof.
2. Member States shall ensure that the texts of the main provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.
Article 8
This Directive is addressed to the Member States.
Done at Luxembourg, 12 October 1971.
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COMMISSION REGULATION (EEC) No 525/87 of 20 February 1987 laying down certain detailed rules for the application of Council Regulation (EEC) No 3529/86 on the protection of the Community's forests against fire
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3529/86 of 17 November 1986 on the protection of the Community's forests against fire(1), and in particular Article 3 (2) thereof,
Whereas, pursuant to Article 3 (2) of Regulation (EEC)
No 3529/86, for the first year of application of the said Regulation programmes or projects are to be submitted to the Commission within three months following the Regulation's entry into force; whereas, therefore, pending the adoption of all the detailed rules for the application of that Regulation, the provisions relating to the submission of the programmes or projects in question should now be adopted;
Whereas applications for aid submitted under the Community scheme for the protection of forests against fire, in respect of programmes or projects, should contain all the information needed for an examination of such programmes and projects in the light of the objectives and criteria of Regulation (EEC) No 3529/86;
Whereas this information should be presented in a standardized form to facilitate examination and a comparison of applications;
Whereas the measures provided for in this Regulation are in accordance with the Committee on Forest Protection,
HAS ADOPTED THIS REGULATION:
Article 1
1. Applications for aid from the Community for the carrying out of programmes or projects within the meaning of Article 3 (1) of Regulation (EEC) No 3529/86, shall contain the information and documents specified in the Annexes to this Regulation.
2. Applications shall be submitted in triplicate in accordance with the Annexes.
3. Applications not meeting the requirements set out in paragraphs 1 and 2 shall not be considered.
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 February 1987.
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COMMISSION REGULATION (EC) No 635/2008
of 3 July 2008
adapting the cod fishing quotas to be allocated to Poland in the Baltic Sea (Subdivisions 25-32, EC Waters) from 2008 to 2011 pursuant to Council Regulation (EC) No 338/2008
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the Common Fisheries Policy (1), and in particular Article 23(1) thereof,
Whereas:
(1)
Following national investigations carried out in 2007, the Commission has been notified by Poland that it exceeded its quota for cod in the eastern Baltic Sea (Subdivisions 25-32, EC Waters) for 2007 by 8 000 t.
(2)
According to Article 23(1) of Regulation (EEC) No 2847/93 the Commission operates deductions from the annual quota when it has established that a Member State has overfished its quota of a stock.
(3)
Article 2 of Council Regulation (EC) No 338/2008 of 14 April 2008 providing for the adaptation of cod fishing quotas to be allocated to Poland in the Baltic Sea (Subdivisions 25-32, EC Waters) from 2008 to 2011 (2) provides for a deduction over a period of four years, consisting of a reduction of 10 %, in the year 2008, of the amount overfished in the year 2007 and reductions of 30 %, in the years 2009, 2010 and 2011, of the amount overfished in 2007.
(4)
The measures provided for in this Regulation are in accordance with the opinion of the Committee for Fisheries and Aquaculture,
HAS ADOPTED THIS REGULATION:
Article 1
The quota of cod in the Baltic Sea (Subdivisions 25-32, EC Waters) allocated to Poland in the years from 2008 to 2011 shall be reduced as shown in Annex.
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 July 2008.
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Commission Regulation (EC) No 2360/2002
of 27 December 2002
opening for the year 2003 a tariff quota applicable to the importation into the European Community of certain goods originating in Iceland resulting from the processing of agricultural products covered by Council Regulation (EC) No 3448/93
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3448/93 of 6 December 1993 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products(1), as last amended by Regulation (EC) No 2580/2000(2), in particular Article 7(2) thereof,
Having regard to Council Decision 1999/492/EC of 21 June 1999 concerning the conclusion of an Agreement in the form of an exchange of Letters between the European Community, of the one part, and the Republic of Iceland, of the other part, on Protocol 2 to the Agreement between the European Economic Community and the Republic of Iceland(3), in particular Article 2 thereof,
Whereas:
(1) The Agreement in the form of an Exchange of Letters between the European Community, of the one part, and the Republic of Iceland, of the other part, on Protocol 2 to the Agreement between the European Economic Community and the Republic of Iceland, approved by Decision 1999/492/EC, provides for annual tariff quotas for imports from Iceland of sugar confectionery products and chocolate and other food preparation containing cocoa. It is necessary to open that quota for 2003.
(2) Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code(4), as last amended by Regulation (EC) No 444/2002(5), lays down rules for the management of tariff quotas. It is appropriate to provide that the tariff quota opened by this Regulation is to be managed in accordance with those rules.
(3) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for horizontal questions concerning trade in processed products not listed in Annex I,
HAS ADOPTED THIS REGULATION:
Article 1
From 1 January to 31 December 2003, the goods originating in Iceland which are listed in the Annex shall be subject to the duties set out in that Annex within the limits of the annual quota indicated therein.
Article 2
The tariff quota referred to in Article 1 shall be managed by the Commission in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93.
Article 3
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Communities.
It shall be applicable from 1 January 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 December 2002.
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*****
COUNCIL REGULATION (EEC) No 227/85
of 29 January 1985
repealing the definitive anti-dumping duty on imports of upright pianos originating in the Soviet Union
THE COUNCIL OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2176/84 of 23 July 1984 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), and in particular Article 14 thereof,
Having regard to the Commission proposal submitted after consultations within the Advisory Committee established by the abovementioned Regulation,
Whereas,
A. Definitive duty
(1) By Regulation (EEC) No 2236/82 (2) the Council imposed a definitive anti-dumping duty on imports of upright pianos falling within subheading 92.01 A I of the Common Customs Tariff corresponding to NIMEXE code 92.01-12, originating in the Soviet Union.
B. Review
(2) The Soviet exporter of the products in question, Raznoexport, Moscow, asked the Commission to review the definitive anti-dumping duty.
C. Undertaking
(3) The Soviet exporter offered an undertaking to charge voluntarily a minimum export price.
(4) The Commission considered that this undertaking should eliminate the dumping and the resulting injury caused to the Community industry by the exports in question. After consultations, it accordingly adopted Decision 84/638/EEC (3) accepting the undertaking given by the Soviet exporter, which took effect on 1 January 1985.
D. Repeal of definitive anti-dumping duty
(5) The Council, therefore, considers that the definitive anti-dumping duty is no longer required to protect the Community interest. Consequently, Article 1 of Regulation (EEC) No 2236/82 should be repealed.
(6) Definitive anti-dumping duties collected from 1 January 1985, the date on which the undertaking took effect, should be reimbursed.
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 2236/82 is hereby repealed.
Article 2
Definitive anti-dumping duties collected as from 1 January 1985 pursuant to Regulation (EEC) No 2236/82 shall be reimbursed.
Article 3
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 January 1985.
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COMMISSION REGULATION (EC) No 750/2008
of 30 July 2008
amending Regulation (EC) No 414/2008 laying down detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards the granting of private storage aid for certain cheeses in the 2008/09 storage period
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Article 43 thereof, in conjunction with Article 4,
Whereas:
(1)
Commission Regulation (EC) No 414/2008 (2) sets up in its Annex the list of the cheeses eligible for private storage aid in the 2008/09 storage period.
(2)
Romanian authorities requested the participation in the private storage aid scheme for certain cheeses in the 2008/09 storage period.
(3)
On basis of the Romanian request and the current market situation for long-keeping cheeses, the Annex to Regulation (EC) No 414/2008 should include some Romanian long-keeping cheeses whose market situation may be supported by the private storage, for a quantity which may stabilise the cheese market.
(4)
Regulation (EC) No 414/2008 should therefore be amended accordingly.
(5)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,
HAS ADOPTED THIS REGULATION:
Article 1
The Annex to Regulation (EC) No 414/2008 shall be replaced by the text set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 July 2008.
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COMMISSION REGULATION (EC) No 1319/2005
of 11 August 2005
opening and providing for the administration of an autonomous tariff quota for preserved mushrooms from 1 October 2005
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to the Treaty of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia
Having regard to the Act of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, and in particular the first paragraph of Article 41 thereof,
Whereas:
(1)
Commission Regulation (EC) No 1864/2004 (1) opens tariff quotas for preserved mushrooms imported from third countries and lays down rules for the administration thereof.
(2)
Regulation (EC) No 1864/2004 provides for transitional measures allowing importers from the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (hereinafter the new Members States) to benefit from the quotas. The aim of those measures is to make a distinction between traditional importers and new importers in the new Member States, and to adjust the quantities to which licence applications presented by traditional importers from the new Member States can relate so that these importers can benefit from the system.
(3)
To ensure uninterrupted supplies to the enlarged Community market while taking account of the economic supply conditions in the new Member States prior to their accession to the European Union, an autonomous and temporary import tariff quota should be opened for preserved mushrooms of the genus Agaricus falling within CN codes 0711 51 00, 2003 10 20 and 2003 10 30. That new tariff quota is in addition to the ones opened by Commission Regulations (EC) No 1076/2004 (2), (EC) No 1749/2004 (3), (EC) No 220/2005 (4) and (EC) No 1035/2005 (5).
(4)
The new quota should be transitional and may not prejudge the outcome of the negotiations under way in the context of the World Trade Organisation (WTO) as a result of the accession of the new Member States.
(5)
The Management Committee for Products Processed from Fruit and Vegetables has not delivered an opinion within the time limit set by its Chairman,
HAS ADOPTED THIS REGULATION:
Article 1
1. An autonomous tariff quota of 1 200 tonnes (drained net weight), bearing serial number 09.4075 (hereinafter the autonomous quota), shall be opened from 1 October 2005 for Community imports of preserved mushrooms of the genus Agaricus spp. falling within CN codes 0711 51 00, 2003 10 20 and 2003 10 30.
2. The ad valorem duty applicable to products imported under the autonomous quota shall be 12 % for products falling within CN code 0711 51 00 and 23 % for products falling within CN codes 2003 10 20 and 2003 10 30.
Article 2
Regulation (EC) No 1864/2004 shall apply to the management of the autonomous quota, subject to the provisions of this Regulation.
However, Articles 1, 5(2) and (5), 6(2), (3) and (4), 7, 8(2), 9 and 10 of Regulation (EC) No 1864/2004 shall not apply to the management of the autonomous quota.
Article 3
Import licences issued under the autonomous quota (hereinafter licences) shall be valid until 31 December 2005.
Box 24 of the licences shall show one of the entries listed in Annex I.
Article 4
1. Importers may submit licence applications to the competent authorities of the Member States in the five working days following the date of entry into force of this Regulation.
Box 20 of the licences shall show one of the entries listed in Annex II.
2. Licence applications submitted by a single traditional importer may not relate to a quantity exceeding 9 % of the autonomous quota.
3. Licence applications submitted by a single new importer may not relate to a quantity exceeding 1 % of the autonomous quota.
Article 5
The autonomous quota shall be allocated as follows:
-
95 % to traditional importers,
-
5 % to new importers.
If the quantity allocated to one of the categories of importers is not used in full, the balance may be allocated to the other category.
Article 6
1. The Member States shall notify the Commission, on the seventh working day following that of the entry into force of this Regulation, of the quantities for which licence applications have been made.
2. Licences shall be issued on the 12th working day following that of the entry into force of this Regulation, unless the Commission has taken special measures under paragraph 3.
3. Where the Commission finds, on the basis of the information notified under paragraph 1, that licence applications exceed the quantities available for a category of importers under Article 5, it shall adopt, by means of a regulation, a single reduction percentage for the applications in question.
Article 7
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 August 2005.
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COMMISSION DECISION of 18 March 1994 amending Commission Decision 93/436/EEC laying down specific conditions for importing fishery products from Chile (Text with EEA relevance) (94/188/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 91/493/EEC of 22 July 1991 (1), laying down the health conditions for the production and the placing on the market of fishery products, and in particular Article 11 (5) thereof,
Whereas the list of establishments and factory ships approved by Chile for importing fishery products into the Community has been drawn up in Commission Decision 93/436/EEC (2), ameded by Decision 93/620/EC (3); whereas this list may be amended following the communication of a new list by the competent authority in Chile;
Whereas the competent authority in Chile has communicated a new list adding 10 establishments and one factory ship; and amending the datas of five establishments and three factory ships;
Whereas it is necessary to amend the list of approved establishments and factory ship accordingly;
Whereas the measures provided for in this Decision have been drawn up in accordance with the procedure laid down by Commission Decision 90/13/EEC (4),
HAS ADOPTED THIS DECISION:
Article 1
Annex B of Decision 93/436/EEC is replaced by the Annex to this Decision.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 18 March 1994.
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*****
COMMISSION REGULATION (EEC) No 205/84
of 26 January 1984
laying down transitional measures applicable in respect of the 1983/84 wine-growing year concerning the payment of aid for the distillation of fortified wine
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2179/83 of 25 July 1983 laying down general rules for distillation operations involving wine and the by-products of wine-making (1), and in particular Article 30 thereof,
Whereas under Article 26 (4) of Regulation (EEC) No 2179/83 the aid is paid to the maker of fortified wine on condition that he provides a security equal to 110 % of the aid to be received in respect of the distillation operations provided for in Council Regulation (EEC) No 337/79 of 5 February 1979 on the common organization of the market in wine (2), as last amended by Regulation (EEC) No 1595/83 (3);
Whereas that provision, which first became applicable on 1 September 1983, has given rise to major difficulties both for dealers and for intervention agencies in cases where the fortified wine is distilled in a Member State other than that in which the contract or declaration was approved;
Whereas a transitional measure should therefore be adopted in accordance with Article 30 of Regulation (EEC) No 2179/83 in respect of the 1983/84 wine-growing year which provides, by way of derogation from Article 26 (4) of the said Regulation, for an alternative system for payment of the aid which none the less provides equivalent guarantees as to control;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Wine,
HAS ADOPTED THIS REGULATION:
Article 1
1. Where fortified wine is distilled in a Member State other than that in which the contract or declaration was approved, the aid payable in respect of distillation operations may, by way of derogation from Article 26 (4) of Regulation (EEC) No 2179/83 and until 31 August 1984 at the latest, be paid to the distiller on condition that he submits an application to that effect to the intervention agency of the Member State on whose territory the distillation has taken place.
2. The application shall be accompanied by the following:
- a copy of the contract or declaration referred to in Article 26 (1) of Regulation (EEC) No 2179/83, approved by the intervention agency in the Member State on whose territory the fortified wine was made,
- a certificate issued by that agency to the effect that the provisions laid down in Regulation (EEC) No 2179/83 have been complied with, in particular as regards the analysis reports and the minimum purchase price which the producer of the wine must be paid in respect of the distillation operations concerned,
- the documents required under Article 53 of Regulation (EEC) No 337/79,
- proof of distillation of the fortified wine,
- the document whereby the maker of the fortified wine transfers entitlement to the aid to the distiller.
3. In cases covered by paragraph 1 of this Article the maker of fortified wine shall not be required to lodge the security provided for in Article 26 (4) of Regulation (EEC) No 2179/83.
4. The aid shall be paid by the intervention agency not later than three months after the application and the documents referred to in paragraph 2 have been submitted.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply until 31 August 1984.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 January 1984.
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COUNCIL REGULATION (EC) No 1941/2006
of 11 December 2006
fixing the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in the Baltic Sea for 2007
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (1), and in particular Article 20 thereof,
Having regard to Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for year-to-year management of TACs and quotas (2), and in particular Article 2 thereof,
Having regard to the proposal from the Commission,
Whereas:
(1)
Article 4 of Regulation (EC) No 2371/2002 requires the Council to adopt the measures necessary to ensure access to waters and resources and the sustainable pursuit of fishing activities taking account of available scientific advice and, in particular, the report prepared by the Scientific, Technical and Economic Committee for Fisheries.
(2)
Pursuant to Article 20 of Regulation (EC) No 2371/2002, it is incumbent upon the Council to establish fishing opportunity limits by fishery or group of fisheries and to allocate these opportunities to Member States.
(3)
In order to ensure effective management of the fishing opportunities, the specific conditions under which fishing operations are carried out should be established.
(4)
The principles as well as certain procedures for fishery management need to be laid down at Community level, so that Member States can ensure the management of the vessels flying their flag.
(5)
Article 3 of Regulation (EC) No 2371/2002 lays down definitions relevant to the allocation of fishing opportunities.
(6)
In accordance with Article 2 of Council Regulation (EC) No 847/96, the stocks that are subject to the various measures referred to therein must be identified.
(7)
Fishing opportunities should be used in accordance with Community legislation on the subject, and in particular with Commission Regulation (EEC) No 1381/87 of 20 May 1987 establishing detailed rules concerning the marking and documentation of fishing vessels (3), Commission Regulation (EEC) No 2807/83 of 22 September 1983 laying down detailed rules for recording information on Member States' catches of fish (4), Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (5), Commission Regulation (EC) No 2244/2003 of 18 December 2003 laying down detailed provisions regarding satellite-based Vessel Monitoring Systems (6), and Council Regulation (EEC) No 2930/86 of 22 September 1986 defining characteristics for fishing vessels (7), Council Regulation (EEC) No 3880/91 of 17 December 1991 on the submission of nominal catch statistics by Member States fishing in the north-east Atlantic (8) and Council Regulation (EC) No 2187/2005 of 21 December 2005 for the conservation of fishery resources through technical measures in the Baltic Sea, the Belts and the Sound (9).
(8)
In order to contribute to the conservation of fish stocks, certain supplementary measures on the control and technical conditions of fishing should be implemented in 2007,
HAS ADOPTED THIS REGULATION:
CHAPTER I
SCOPE AND DEFINITIONS
Article 1
Subject matter
This Regulation fixes fishing opportunities for the year 2007 for certain fish stocks and groups of fish stocks in the Baltic Sea and the associated conditions under which such fishing opportunities may be used.
Article 2
Scope
1. This Regulation shall apply to Community fishing vessels (Community vessels) and fishing vessels flying the flag of, and registered in, third countries operating in the Baltic Sea.
2. By way of derogation from paragraph 1, this Regulation shall not apply to fishing operations conducted solely for the purpose of scientific investigations which are carried out with the permission and under the authority of the Member State concerned and of which the Commission and the Member State in whose waters the research is carried out have been informed in advance.
Article 3
Definitions
In addition to the definitions laid down in Article 3 of Regulation (EC) No 2371/2002, for the purposes of this Regulation the following definitions shall apply:
(a)
the International Council for the Exploration of the Sea (ICES) zones are as defined in Regulation (EEC) No 3880/91;
(b)
‘Baltic Sea’ means ICES Divisions IIIb, IIIc and IIId;
(c)
‘total allowable catch (TAC)’ means the quantity that can be taken from each stock each year;
(d)
‘quota’ means a proportion of the TAC allocated to the Community, a Member State or a third country.
CHAPTER II
FISHING OPPORTUNITIES AND ASSOCIATED CONDITIONS
Article 4
Catch limits and allocations
The catch limits, the allocation of such limits among Member States, and additional conditions in accordance with Article 2 of Regulation (EC) No 847/96 are set out in Annex I to this Regulation.
Article 5
Special provisions on allocations
1. The allocation of catch limits among Member States as set out in Annex I shall be without prejudice to:
(a)
exchanges made pursuant to Article 20(5) of Regulation (EC) No 2371/2002;
(b)
reallocations made pursuant to Articles 21(4), 23(1) and 32(2) of Regulation (EEC) No 2847/93;
(c)
additional landings allowed under Article 3 of Regulation (EC) No 847/96;
(d)
quantities withheld in accordance with Article 4 of Regulation (EC) No 847/96;
(e)
deductions made pursuant to Article 5 of Regulation (EC) No 847/96.
2. For the purpose of withholding quotas to be transferred to 2008, Article 4(2) of Regulation (EC) No 847/96 may apply, by way of derogation from that Regulation, to all stocks subject to analytical TAC.
Article 6
Conditions for catches and by-catches
1. Fish from stocks for which catch limits are fixed shall only be retained on board or landed if:
(a)
the catches have been taken by vessels of a Member State with a quota and that quota has not been exhausted; or alternatively
(b)
species other than herring and sprat are mixed with other species, the catches have been taken with trawls, Danish seines or similar gears whose mesh size is less than 32 mm, and the catches are not sorted either on board or on landing.
2. All landings shall count against the quota or, if the Community share has not been allocated among Member States by quotas, against the Community share, except for catches made under paragraph 1(b).
3. Where the quota for herring allocated to a Member State is exhausted, vessels flying the flag of that Member State, registered in the Community, and operating in the fisheries to which the relevant quota apply shall not land catches that are unsorted and that contain herring.
Article 7
Fishing effort limits
Fishing effort limits are set out in Annex II.
Article 8
Transitional technical and control measures
Transitional technical and control measures are set out in Annex III.
CHAPTER III
FINAL PROVISIONS
Article 9
Data transmission
When Member States send data to the Commission relating to landings of quantities of stocks caught pursuant to Article 15(1) of Regulation (EEC) No 2847/93, they shall use the stock codes set out in Annex I to this Regulation.
Article 10
Entry into force
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 December 2006.
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COMMISSION REGULATION (EC) No 1700/2005
of 18 October 2005
opening a standing invitation to tender for the resale on the Community market of maize held by the Slovak intervention agency
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 6 thereof,
Whereas:
(1)
Commission Regulation (EEC) No 2131/93 of 28 July 1993 laying down the procedure and conditions for the sale of cereals held by intervention agencies (2) provides in particular that cereals held by intervention agencies are to be sold by tendering procedure at prices preventing market disturbance.
(2)
Because of unfavourable weather conditions on the Iberian peninsula maize prices on the Community market are relatively high, causing difficulties for livestock farmers and the livestock feed industry alike in securing supplies at competitive prices.
(3)
Slovakia has intervention stocks of maize, which should be used up.
(4)
It is therefore appropriate to make the stocks of maize held by the Slovak intervention agency available on the internal market.
(5)
To take account of the situation on the Community market, provision should be made for the Commission to manage this invitation to tender. In addition, provision must be made for an award coefficient for tenders offering the minimum selling price.
(6)
It is also important for the Slovak intervention agency’s notification to the Commission to maintain the anonymity of the tenderers.
(7)
With a view to modernising management, the information required by the Commission should be sent by electronic mail.
(8)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
The Slovak intervention agency shall open a standing invitation to tender for the sale on the Community market of 98 625 tonnes of maize held by it.
Article 2
The sale provided for in Article 1 shall take place in accordance with Regulation (EEC) No 2131/93.
However, notwithstanding that Regulation:
(a)
tenders shall be drawn up on the basis of the actual quality of the lot to which they apply;
(b)
the minimum selling price shall be set at a level which does not disturb the cereals market; it may not in any event be lower than the intervention price in force for the month in question, including any monthly increases.
Article 3
Notwithstanding Article 13(4) of Regulation (EEC) No 2131/93 the tender security shall be set at EUR 10 per tonne.
Article 4
1. The first partial invitation to tender shall expire at 15.00 (Brussels time) on 26 October 2005.
The time limit for submitting tenders under subsequent partial invitations to tender shall be 15.00 (Brussels time) each Wednesday thereafter, with the exception of 2 November 2005, 28 December 2005, 12 April 2006 and 24 May 2006, there being no invitation to tender in the weeks concerned.
The closing date for the submission of tenders for the last partial invitation to tender shall be 28 June 2006 at 15.00 (Brussels time).
2. Tenders must be lodged with the Slovak intervention agency at the following address:
Pôdohospodárska platobná agentúra
oddelenie obilnín a škrobu
Dobrovičova 12
SK-815 26 Bratislava
Tel.: 421-2-58243271
Fax: 421-2-58243362
Article 5
The Slovak intervention agency shall send the Commission the tenders received, no later than two hours after expiry of the time limit for submitting tenders. This notification shall be made by e-mail, using the form in the Annex hereto.
Article 6
Under the procedure laid down in Article 25(2) of Regulation (EC) No 1784/2003, the Commission shall set the minimum selling price or decide not to award any quantities. In the event that tenders are submitted for the same lot and for a quantity larger than that available, the Commission may fix this price separately for each lot.
Where tenders are offering the minimum sale price, the Commission may fix an award coefficient for the quantities offered at the same time as it fixes the minimum sale price.
Article 7
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 October 2005.
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COMMISSION DECISION of 19 July 1995 declaring a concentration to be incompatible with the common market and the functioning of the EEA Agreement (Case No IV/M.490 - Nordic Satellite Distribution) (Only the English text is authentic) (Text with EEA relevance) (96/177/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 4064/89 of 21 December 1989 on the control of concentrations between undertakings (1), as amended by Regulation (EEC) No 2367/90 (2), and in particular Article 8 (3) thereof,
Having regard to Article 57 of the Agreement on the European Economic Area,
Having regard to the Commission Decision of 24 March 1995 to initiate proceedings in this case,
Having given the undertakings concerned the opportunity to make known their views on the objections raised by the Commission,
Having regard to the opinion of the Advisory Committee on Concentrations (3),
Whereas:
(1) The procedure under consideration concerns the proposed setting up, by Norsk Telekom AS ('NT`), Tele Danmark A/S ('TD`) and Industriförvaltnings AB Kinnevik ('Kinnevik`) of a joint venture under the name of Nordic Satellite Distribution ('NSD`).
(2) By decision dated 13 March 1995, the Commission ordered the suspension of the concentration as a whole, pursuant to Article 7 (2) and Article 18 (2) of Regulation (EEC) No 4064/89 (hereinafter: 'the Merger Regulation`), until it took a final decision.
(3) By decision of 24 March 1995, the Commission found that the notified concentration raised serious doubts as to its compatibility with the common market. The Commission accordingly initiated proceedings in this case, pursuant to Article 6 (1) (c) of the Merger Regulation.
I. THE PARTIES
(4) NT, TD and Kinnevik have set up a joint venture called Nordic Satellite Distribution (NSD) for the provision of satellite transmission services and distribution services via cable networks or direct-to-home broadcasts for television programmes in the Nordic region (Denmark, Sweden, Norway and Finland).
(5) NT is a Norwegian company controlled by Telenor AS, which is in turn owned by the Norwegian State. Telenor AS is the principal provider of telephone services in Norway and owns and/or leases transponder capacity from the satellites Thor, Intelsat and TV-Sat, situated at 1 degree West. NT owns through Telenor Avidi AS a large cable network in Norway. Finally, NT also provides television distribution services to the direct-to-home market in Norway, Sweden and Finland and in Denmark through its subsidiary Telenor CTV.
(6) TD is the Danish telecom operator, 51 % owned by the Danish State. It operates under a concession granting it the exclusive right to provide public voice-telephony services and other related services in Denmark, as well as to install and operate the Danish public telecommunications network infrastructure. TD owns a national broadband distribution network called the Hybrid Network, which is currently used for the transmission of radio and television signals to local distribution networks. TD's cable subsidiaries distribute TV channels to its own and other local networks.
(7) Kinnevik is a private Swedish group of companies with activities mainly in forestry, farming, packaging materials, television and media, and telecommunications. In the latter areas Kinnevik owns or controls companies in the Scandinavian countries which are mainly active in the following main fields:
- satellite television broadcasting (to direct-to-home and cable subscribers) of commercial channels (TV 3, TV G, TV 6, Z-TV) and pay-tv channels (TV 1000, Film Max and TV 1000 Cinema),
- distribution of satellite television (through its subsidiaries Viasat Sweden, Viasat Norway and Viasat Denmark),
- Conditional Access Systems,
- radio broadcasting.
In addition, Kinnevik has a 23 % shareholding in the commercial television channel TV 4 (a Swedish channel) and (. . .) (4).
Finally, Kinnevik has a 37,4 % shareholding in Kabelvision AB, a cable television operator in Sweden.
II. THE OPERATION
(8) The operation involves the creation, by NT, TD and Kinnevik, of the joint venture Nordic Satellite Distribution AS (NSD) which will be in the business of providing transponder capacity and the transmission and distribution of satellite TV channels to the Nordic market.
(9) It is the aim of NSD to establish an attractive satellite position for transmission of TV signals to the Nordic countries.
(10) NSD will provide satellite TV channels to cable TV operators and to direct-to-home households.
(11) Is is the intention that the distribution of satellite TV channels to direct-to-home users and to cable TV networks provided by NSD shall take place through the parents' distribution companies Viasat and Telenor CTV and through the parents' cable TV operators.
III. COMMUNITY/EEA DIMENSION
(12) NT, TD and Kinnevik have a combined aggregate worldwide turnover of ECU 5 260 million. TD and Kinnevik have a Community-wide turnover of more than ECU 250 million, of which not more than two-thirds is achieved in one and the same Member State. The operation therefore has a Community dimension.
(13) At the same time, since the combined turnover of the undertakings concerned in the territory of the EFTA States equals more than 25 % of their total turnover in the EEA territory, the operation is also a cooperation case in accordance with Article 58 and Protocol 24 of the EEA Agreement.
IV. THE STRUCTURE AND TECHNOLOGY OF THE INDUSTRY
(14) The provider of a TV channel, whether this is a public, advertising based, mini-pay or pay-TV, is called a broadcaster.
(15) If the channel is to be transmitted via satellite from the studio, the TV signals are sent to an up-link station. Up-link is the process of sending a TV signal from an earth station to a satellite. The TV signals can be broadcast in clear or encrypted form.
(16) From the up-link station the TV signals are sent to the satellite that retransmits them. Satellites used for TV are placed in a geostationary orbit position and are therefore able to maintain a constant beam on a given territory. Each satellite contains several transponders that are elements on a satellite used to received and transmit TV signals. The geographical area where the TV signals transmitted by a transponder can be received by direct-to-home customers having standard receiving equipment is called the footprint. As a rule, with the present technology (analogue), each transponder will have a capacity to transmit one TV channel. The introduction of digital technology is expected to increase the capacity of each transponder five to ten times.
(17) The TV signal is received by a satellite dish on the ground. The receivers can be (1) direct-to-home households with (normally) smaller dishes; (2) cable TV operators with one or more much larger dishes; or (3) SMATV operators (5).
(18) A special technical infrastructure is required to operate pay-TV. This technical infrastructure is called a conditional access system, and is required to ensure that only authorised viewers, i.e. subscribers to the particular encrypted channel(s), can receive the channel(s). Pay-TV are invariable encrypted. In the Nordic area all channels broadcasted by satellite are encrypted in contrast to other parts of Europe. When encryption takes place a datastream is inserted along with the TV signal for use by the conditional access system. A conditional access system consists essentially of (1) an adaptor for decryption (decoder), (2) a subscriber management system (SMS), (3) a Subscriber Authorization System (SAS) and, finally, (4) an encryption system.
(19) To receive encrypted TV signals a consumer needs a decoder equipped with a decryption facility and a security processor. The decoder decrypts the television picture, which is encrypted when the TV signal is transmitted.
(20) The conditional access system requires the transmission of a data stream together with the TV-signal, containing information on the channels or packages of channels subscribed to and on the entitlement of the subscribers to receive the programmes. If an open encryption system is used (see below) a 'personal` smart card is made available to the viewer which is inserted into the decoder to scan through the datastream that comes along with the TV signal to find out if its identity is present. If the smart card finds its 'unique key`, the decoder decrypts the TV signal and passes it on to the TV set.
(21) The conditional access system is based on the use of an encryption system in which the messages are encrypted. A broadcaster needs an agreement with a supplier giving him the right to encrypt and decode TV channels in a given encryption system. However, this is not the case for cable TV operators, since it is possible for cable operators to develop and use their own encryption system. An encryption system can either be closed or open.
(22) A closed system implies that only broadcasters signing an agreement with the owner of the system are allowed to encrypt in this system. Normally, such an agreement includes a right for a particular operator to administrate the SMS and, thus, prevents other operators from using the system. The use of a closed system makes it necessary for the consumer to purchase or hire a special decoder to receive TV channels encrypted in this system. This means that the households have to buy or rent an additional decoder if they want to receive TV channels which are encrypted in another system.
(23) An open system means that decoders are available from many sources and that the consumer can, with the same decoder, receive TV channels in different open systems by using different smart cards. Normally, any broadcaster for a minor payment can acquire the right from the owner to use such an open system.
(24) Nearly all European encryption systems are closed; for example Videocrypt (used by BSkyB and Adult Channel in the UK and by Multichoice in more than 30 European countries including the Nordic countries) and Syster/Nagravision (used by Canal+ in France and Spain, Premiere in Germany and Austria and Teleclub in Switzerland). However, as a rule, open encryption systems are used in the Nordic countries.
(25) In addition to the decoder base and access to an encryption system a subscriber management system ('SMS`) and a subscriber authorization system ('SAS`) are also needed. SMS is the computer system in charge of managing the subscriber base (the billing and collection of subscriptions, telephone answering, statistics, etc.). SAS is a software designed to open or close the authorization of the individual subscriber to receive pay-TV channels. Control of the SMS, which contains vital information about the customers, would be especially important for a pay-TV broadcaster or a cable TV operator. It must be assumed that such operators would be very reluctant to let a competitor take over their SMS.
(26) Transparent transmission means that encryption takes place when the signal is transmitted and decryption first takes place in the household. At the moment, direct-to-home households receive transparent transmission. This is not currently the case for households connected to cable TV networks. Cable TV networks consists to a large extent of several separate cable units, and in each unit there is a 'head-end` in which reception takes place. Currently the cable operators need to have one decoder for each head-end and for each TV channel. By transparent transmission, a TV household connected to a cable TV network receives the signal directly from the satellite and, hence, the cable TV operator could save an encoding and decoding system in each head-end.
V. CONCENTRATION
JOINT CONTROL
(27) NSD is to be owned 33,3 % by each of NT, TD and Kinnevik. Its board of directors will consist of four directors: each party will nominate one director and one independent director who is to be nominated subject to agreement between the parties shall also be the chairman of the board.
(28) According to Article 5.2 of NSD's Shareholders' Agreement, board resolutions will be adopted by a majority of directors, except for a number of matters for which unanimity is required. These matters include:
(. . .).
(29) The chairman of the board of directors shall (. . .).
(30) As a result of the above, it can be concluded that NSD will be jointly controlled by its three parent companies.
FULL FUNCTION JOINT VENTURE
(31) NSD's main activities will be the following:
- to negotiate and enter into agreements with programme providers (broadcasters) for distribution of television channels via satellite,
- to establish a leading satellite position (named by the parties as a Nordic 'Hot Bird`) for the Nordic market by leasing satellite capacity in the orbital positions 1 °W and 5 °E,
- to create a programme strategy based on a new package of television channels adapted to the Nordic countries,
- to distribute such a package via satellite to the cable television (cable TV), master antenna television (SMATV) and direct-to-home markets in the Nordic countries. This will include offering Subscriber Management Services, distributing smart cards and operating a Subscriber Access System,
- to promote and implement a digital transmission standard and a joint Nordic encryption system to be used for cable TV, SMATV and direct-to-home,
- to develop new products and services related to the activities of the company. (. . . indication of services not to be provided by NSD).
(32) NSD has been established for an indefinite term. It will have all the necessary assets and staff in order to carry out its business activity on a lasting basis.
(33) When NSD starts to operate, NSD itself will be the contracting party to any new contracts to be concluded with broadcasters. All Viasat's and Telenor CTV's agreements with broadcasters shall be transferred to NSD, provided that such broadcasters give their consent.
(34) NSD will provide satellite transponder capacity and satellite network services subleased from Telenor and other independent satellite operators to broadcasters. Telenor owns and operates the Thor satellite, positioned at 1 °W and has reserved a number of transponders on the Intelsat satellite in the same orbital position. Furthermore, Telenor controls all transponders on the satellite TV-Sat, also in the position 1 °W.
(35) According to the Cooperation Agreement between Telenor and NSD, these companies will have a mutual right of first refusal for the lease and provision of satellite transponder capacity for the transmission of television programmes (. . .). This means that NSD shall have a right of first refusal:
- for the lease of satellite transponder capacity and satellite network services from Telenor,
- for the provision of satellite capacity and satellite network services to third parties wishing to broadcast in the Nordic countries who had initially approached Telenor.
(36) Telenor has a right of first refusal to provide NSD or its affiliates with all the transponder capacity and satellite network services they may need. In the case of excess capacity in the satellite network service leased by NSD, Telenor is entitled to use this capacity (. . .).
(37) In addition, Kinnevik and TD have entered into lease agreements with the Swedish satellite operator Nordiska Satelitaktiebolaget (NSAB) for the lease of (. . .) transponders situated at 5 °E. On this position, NSAB owns the Sirius satellite and the Tele-X satellite, each with five transponders. (. . . details on the transponder lease agreements and the special rights of Kinnevik and TD with respect to the NSAB satellites on 5 °E).
(38) NSD will offer an integrated satellite transmission service to programme providers. The fact that NSD will sublease satellite transponder capacity and network services from Telenor or TD/Kinnevik does not put into question its full-function character at this level, since NSD will control the use of this transponder capacity for a long time. Lease contracts for satellite transponder capacity are usually concluded for a long period (7 to 10 years) which normally coincides with the life of the satellite itself. NSD will therefore be able to develop its own commercial strategy on a lasting basis.
(39) NSD will develop a new package of television channels which will be specifically adapted to the Nordic audience in terms of programme mix and language.
(40) Regarding the direct-to-home distribution of TV channels as stated above, before the setting-up of NSD both NT and Kinnevik offered television distribution services in the Nordic countries. NSD will now grant to the Viasat companies the exclusive right to distribute. NSD's television channels to the direct-to-home and SMATV households in Denmark and to the direct-to-home, SMATV and cable TV households in Sweden. Viasat Sweden will continue to be 100 % owned by Kinnevik, but Viasat Denmark will be owned by Kinnevik and TD (51 % - 49 %). TD has a conditional option to acquire an additonal (. . .) % of the share capital in Viasat Denmark in 1998.
(41) In Norway NSD will have, for the time being, two representatives: Viasat Norway (100 % owned by Kinnevik) and Telenor CTV. It is foreseen (. . .).
(42) As the exclusive distributor of NSD, the Viasat companies will have:
- the right and obligation to distribute the TV channels provided by NSD,
- the possibility to distribute other television channels subject to NSD's approval. The only limitation (. . .).
(43) The price to subscribers of the individual channels included in NSD's package will be decided by (. . .). According to NSD's Programme Strategy, NSD's distributors shall prepare every year a marketing budget per channel or package of channels, which shall reflect the agreements entered into between NSD and the broadcaster. These programme budgets shall be presented to and approved by NSD, and any deviations from them shall be approved by NSD.
(44) The fact that, as stated above, Viasat's and Telenor CTV's agreements with broadcasters will be transferred to NSD with effect from NSD's start of operations, and that NSD itself will negotiate and enter into any new agreements shows that NSD will take up all responsibilities with respect to distribution. Although the Viasat companies and Telenor CTV will not be owned by NSD (except for Viasat Finland), they will carry out NSD's strategic decisions on distribution, on the basis of (. . .) and budget approved by NSD.
(45) NSD shall provide and control its subscriber access system (SAS). Viasat and Telenor CTV will keep the subscriber management system (SMS), and will therefore make available smart cards to customers, and carry out the administration of subscriptions and payments, but they shall pay a monthly fee per smart card for the SAS services provided by NSD. NSD also intends to develop a new SAS for digital services (. . .).
(46) With respect to cable distribution, NT and TD's cable operators will be appointed NSD's representatives for the procurement and sale of TV channels on the cable TV market and a part of the SMATV market. This implies that:
- NT and TD's cable operators shall have the right and obligation to procure the sale of satellite TV channels provided by NSD within their respective geographic areas, but NSD is entitled to sell any channel to other cable or antenna operators within the same area,
- the two cable operators shall be able to distribute a TV channel which NSD cannot provide subject to NSD's prior approval,
- NSD shall have (. . .).
(47) In a similar way as that agreed with Viasat, NT and TD's cable operator's agreements with broadcasters shall be transferred to NSD with effect from NSD's start of operations subject to the approval of the broadcasters. NSD will therefore assume the full responsibility for the provision of satellite TV channels to the cable networks owned by the parties.
(48) Despite the fact that NSD will be relatively small in economic terms, since it will only employ around (. . .) people the first year and around (. . .) within two or three years and it will have assets for a value of around ECU (. . .) million as a result of all the above elements, it can be concluded that NSD will have all the necessary resources to perform all the functions normally carried out by companies operating in the same market, and will therefore constitute a full-function joint venture.
COOPERATIVE ASPECTS
(49) NSD's parent companies are currently competitors mainly at the distribution level, since in the direct-to-home segment in Norway, Denmark and Sweden NT, through Telenor CTV, competes with Kinnevik's Viasat companies and in some regions there is competition between Viasat and the cable operators of TD and NT.
(50) In the direct-to-home distribution market (. . .) Viasat (. . .) will become the exclusive distributor of NSD's package of TV channels in these countries. In the meantime, the transfer of all distribution contracts to NSD and the exclusive right to negotiate new ones prevents the parent companies from providing direct-to-home distribution services on their own and from developing a distribution strategy to pursue their individual interests.
(51) The parties' cable operators and Viasat will continue operating in the same areas, but they will all act as NSD's representatives offering as a general rule the same package of satellite TV channels. As for the direct-to-home segment, the transferral of the cable operators' contracts as well as the right to negotiate to NSD prevents the parent companies from providing these services on their own.
(52) There is also competition at present between NT and TD in a very marginal market in economic terms: TV up-linking services to the satellite (see (56)). Both parents currently provide these services from their respective countries, but the insignificance of this market in economic terms clearly shows that the operation has neither the object or the effect of coordinating the activities of these two parent companies with respect to up-linking services.
(53) Finally, the activities of NSD's parent companies in upstream or downstream markets are not likely to lead to any coordination of their competitive behaviour. NT does not compete as a satellite operator with TD or Kinnevik. Kinnevik will broadcast its pay-TV and commercial channels through NSD, but none of the other parties are broadcasters.
(54) The facts described above lead to the conclusion that the setting-up of NSD has neither the object nor the effect of coordinating the competitive behaviour of undertakings which remain independent. It can therefore be concluded that the present operation constitutes a concentration within the meaning of Article 3 of the Merger Regulation.
VI. RELEVANT PRODUCT MARKETS
(55) The operation involves the following three product markets:
(i) provision of satellite TV transponder capacity and related services to broadcasters;
(ii) distribution of pay-TV and other encrypted TV channels to direct-to-home households;
(iii) operation of cable TV networks (see (165)).
(i) Provision of satellite TV transponder capacity and related services to broadcasters
(56) Several companies are in the business of providing satellite transponder capacity. These companies - satellite operators - launch and operate satellites and lease transponders to broadcasters for transmissions of TV signals. According to the parties, around 250 transponders are available for transmission of TV signals to Europe (turnover approximately ECU 625 Million). The most important satellite TV channels in the Nordic countries are currently being provided by Astra, Thor, Intelsat 702 and Sirius. These transponders are normally leased to broadcasters who through licensing arrangements deliver their TV channels to the distributors of cable-TV and direct-to-home consumers.
(57) Distribution of TV signals via satellite (transponders) is a market distinct from TV distribution by terrestrial links, since considerable differences exist between the two modes of distribution both technically and financially (see Decision IV/M.469 - MSG Media Service). The NSD operation will result in a reorganization of existing transponder capacity and will not lead to an enlargement of satellite transponder capacity suitable for Nordic viewers.
(ii) Distribution of satellite pay-TV and other encrypted TV channels to direct-to-home households
(58) On this market (hereafter called direct-to-home distribution), the distributor of pay-TV and other encrypted channels market and sells the channels or a package of channels to the direct-to-home households and provides the households with the necessary smartcard. In the Nordic area most direct-to-home distributors sell the channels in packages (a bouquet of channels) of which some contain up to 25 channels of all types. Normally, the distributor will offer a 'basic package` that contains mixed financed pay-TV and advertising-financed TV channels. In addition, the customer has the option of adding other TV channels to the package. Several pay-TV channels and other encrypted channels are marketed in the Nordic countries.
(59) There are currently three major distributors in the Nordic countries: Multichoice (a distribution company owned by FilmNet) and Kinnevik and NT's distribution companies. It is intended that the direct-to-home distribution of TV channels by NSD shall take place through the parent distribution companies on an exclusive basis (see (40) to (42)).
(60) The market for direct-to-home distribution has a high growth potential. Compared to transmission via cable networks, direct-to-home reception is currently a smaller segment of the market (see (62)). (. . .), there are approximately 720 000 direct-to-home households in the Nordic countries (Sweden has around 360 000 direct-to-home households, Denmark 170 000, Norway 160 000 and Finland around 30 000). However, the parties estimate that at the end of 1998 the Nordic direct-to-home segment will comprise (. . .) million households.
(iii) Operating cable-TV networks
(61) The cable operators provide the following services to households connected to their networks: maintainance of the network, sale and marketing of TV channels. In addition, the cable operators target the SMATV households in order to sell the TV channels also to this segment. Households wanting access to pay-TV normally rent a decoder from the cable TV operator. However, cable TV operators normally operate heir own SMS and SAS based on their own encryption system and sell these services to broadcasters wanting to transmit pay-TV or other encrypted channels in the network.
(62) From the point of view of the viewer there are considerable differences between the possible transmission routes - terrestrial, direct-to-home satellite and cable - which affect both technical requirements and finance. While terrestrial transmission and satellite television only require the viewer to install an aerial or a satellite dish at his own expense, cable TV is dependent on the maintenance of a cable network, which is financed by the viewer by means of cable fees (see IV/M.469 - MSG/Media Service). As shown, currently approximately 4,3 million of the 10 million Nordic households are connected to cable TV networks and around 0,7 million are connected to SMATV of which some receive the signal from cable TV operators.
TABLE
(63) Cable TV is currently the predominant transmission route for satellite-distributed TV in the Nordic countries. However, the cable TV market has reached a saturation point and is currently characterized by slow growth, and it is expected that no more than 50 % to 60 % of the 10 million TV households in the Nordic countries are likely in the foreseeable future to be cabled, largely because of terrain difficulties and the dispersion of the population in a wide geographical area which would be uneconomical to cable. It could be argued that there exists a certain competitive link between the cable TV market and the market for direct-to-home satellite distribution. However, the choice between transmission by cable or direct-to-home is not possible for a large number of currently not cabled households in the Nordic countries in the foreseeable future.
A further element which can limit the option for a household in the fact that in some households the acquisition of satellite dishes is prohibited on aesthetic grounds by the landlord or by the owners' association in the case of multiple dwellings. Lastly, a household already on cable or having a satellite receiver is normally not ready to make a further investment in another form of transmission (lock-in-effect). For the reasons mentioned above, it appears that the operation of cable networks is an independent relevant market.
(64) The Nordic cable TV market consists of a number of cable networks of different size each consisting of several separate cable units. At the individual head-ends the cable TV operator will normally have satellite dishes directed towards all relevant satellite alternatives.
VII. RELEVANT GEOGRAPHIC MARKET
(i) Provision of satellite TV transponder capacity and related services to broadcasters
(65) A broadcaster wishing to transmit to a specific area needs a transponder with a footprint (the geographical area where the TV signals distributed by a satellite can be received by direct-to-home households having standard receiving equipment) that covers the relevant geographical area.
(66) Technically, it is possible for the households in the Nordic countries to receive signals from all European satellites. Quality of reception depends on the size of the receiving dish and on the strength of the transponder signal. However, economic and aesthetic considerations will limit the dish size generally used and, as a rule, the Nordic direct-to-home households will only have equipment which is adequate to receive signals from certain satellite positions. For cable TV operators the situation is quite different, since, as they are not faced with the same economics and aesthetic restrictions as the direct-to-home households, they will be able to receive signals from nearly all European satellite positions.
(67) For transmission to direct-to-home households, one way of defining the geographical scope of transponders is to consider the size of the dish necessary to receive good quality signals from the transponders in question. According to technical information (. . .), Société Européenne des Satellites (SES), which owns the Astra satellites, has specified its main markets to be areas where signals can be received by dishes of up to 60 cm in diameter. On the basis of a 60 cm dish size, the Nordic satellites (Intelsat702/Thor/TV-Sat and Sirius/Tele-X), the Astra satellites and the Eutelsat satellites are relevant for Nordic viewers.
(68) The transponders on the Nordic satellites have a footprint which enables all Nordic viewers with a 60 cm dish to receive the signals from the transponders. Astra and Eutelsat are also relevant for the Nordic area since direct-to-home households in the whole of Denmark and in the southern parts of Norway and Sweden with a 60 cm dish could receive signals from some of Eutelsat and Astra's transponders. Astra cannot be received in Finland with a 60 cm dish.
(69) From a technical point of view, for a broadcaster who wants to target only Denmark the transponders on Astra and Eutelsat would be as relevant as the Nordic transponders. However, a broadcaster who wants to operate on a Nordic basis, transponders which only cover parts of the Nordic market will not be considered as an attractive alternative. For such a broadcaster there will be imperfect substitution between NSD's transponders and the transponders on Astra and Eutelsat. This is supported by information (. . .) in which it is stated that prior to the establishment of the Nordic satellite positions there was no transponder capacity with an ideal foot-print for the Nordic countries.
(70) Furthermore, it has to be borne in mind that compared to the Nordic satellites, Astra and Eutelsat are international businesses with a Central European scope. Information (. . .) indicates that the fee for leasing a transponder on Astra or Eutelsat will be (. . .) higher than the fee will be for leasing a Nordic satellite transponder. If NSD maintains a considerable price difference, transponders on Astra and Eutelsat will not be an alternative for a broadcaster who wants to be a competitive player in the Nordic area.
(71) However, in this case, technical questions relating to footprints and size of dishes, and the prices of transponders are not determinant for the definition of the relevant geographic market since the operation will create such barriers to entry for providers of transponder capacity suitable for Nordic viewers that the operation in itself will lead to the creation of a separate Nordic market. As will be shown in the assessment, through its control over the transponder capacity and the links to Kinnevik as an important broadcaster and distributor of Nordic TV channels, and through the links to TD and NT as important cable operators, NSD will be in a position to foreclose other satellite operators from leasing transponders to broadcasters wanting to target Nordic viewers.
(ii) Distribution of satellite pay-TV and other encrypted TV channels to direct-to-home households
(72) Direct-to-home distribution is a retail operation with direct local contact with the viewer, FilmNet, Kinnevik and NT operate national companies providing these services. Marketing of the services is national. Furthermore, the operation itself will foreclose the Nordic region for new distribution companies, since it will in effect be impossible for a potential entrant to create a smart card with an attractive programme package (see (138) to (141)). The market is likely to be national, but it will not change the assessment whether the market is defined as national or Nordic and therefore this question can be left open.
(iii) Operation of cable TV networks
(73) Competition between operators for connections takes place on a national scale in terms of marketing efforts. That seems to be particularly the case in Denmark. Cable TV operators are faced with different market conditions in different countries in terms of geography, marketing and legislation. Operation of cable TV networks is, therefore, a national market.
VIII. ASSESSMENT
(74) The operation essentially involves the following separate markets:
A. provision of satellite TV transponder capacity and related services to broadcasters;
B. operation of cable TV networks;
C. distribution of satellite pay-TV and other encrypted TV channels to direct-to-home households.
The operation will have an impact on the affected markets either horizontally or through the vertical links created. NSD will, after the operation, control an integrated infrastructure for the provision of TV services to the Nordic area as well as the right to transmit some of the most important TV channels in the area.
The assessment first discusses the effect of the operation on the transponder capacity market (section A). It goes on to deal with the operation's effects on the markets for cable TV (section B) and distribution of satellite pay-TV and other encrypted channels to direct-to-home households (section C). Section D discusses issues relating to economic and technical progress and section E discusses undertakings which the parties propose to give. The Commission's conclusions are set out in section F.
A. PROVISION OF SATELLITE TV TRANSPONDER CAPACITY AND RELATED SERVICES TO BROADCASTERS
A.1. Market structure and capacity
(a) Transponder capacity available for the Nordic 'Hot Bird`
(75) Currently, there are five satellites in the position 1 °W and 5 °E. These are:
- Thor with five transponders (. . . number of transponders to be used by NSD. . .),
- Intelsat with 10 transponders (. . . number of transponders to be used by NSD. . .),
- TV-Sat with five transponders (. . . number of transponders to be used by NSD. . .),
- Sirius, owned by the Swedish State-owned company NSAB, with five trasnponders (. . . number of transponders to be used by NSD. . .),
- Tele-X, owned by NSAB, with five transponders (. . . number of transponders to be used by NSD. . .).
Telenor owns and operates the Thor satellite, positioned at 1° West. Furthermore, Telenor has leased from German Telecom the TV-Sat satellite and, in addition, has reserved all the transponders on the Intelsat satellite, both satellites also located at 1 degree West. At the same time, Kinnevik and TD have entered into an agreement with the Swedish satellite operator NSAB for the lease of four transponders on the Sinus satellite and two on the Tele-X satellite, both situated at 5 °E. This agreement is intended to be transferred to NSD prior to the date of the commencement of operations.
(76) NSD and its parents will directly or indirectly control a large majority of the capacity available for the Nordic 'Hot Bird`. Of a total of 30 transponders in the position 1 °W and 5 °E, NSD will immediately lease 19.
(b) Competition from Astra and Eutelsat
(77) The parties claim that the Astra and, to a lesser extent, the Eutelsat satellites are actual competitors to the Nordic satellites, since direct-to-home households in the Southern parts of Scandinavia can receive signals from some of Eutelsat's and Astra's transponders with standard equipment. According to the parties, more than 50 transponders on Astra and Eutelsat are currently used for channels which are aimed at or of interest to Nordic households.
(78) It is true that today approximately 70 % of the Nordic direct-to-home households have their dishes directed to Astra. In addition, practically all Nordic cable networks have dishes directed to Astra and Eutelsat. However, it has to be borne in mind that, except for Kinnevik's four channels and a pay-TV channel which is transmitted from Astra to Nordic viewers, all channels on Astra and Eutelsat are in foreign languages and aimed at other non-Nordic countries. Several of these channels can be said to be of interest to Nordic countries. Several of these channels can be said to be of interest to Nordic households, for example Eurosport and MTV Europe, and it cannot be excluded that others are popular in certain regions (for example German language programmes in the southern parts of Denmark). Nevertheless, national channels are by far the most popular. National language is the most decisive element in the selection of a channel by the viewer and to make cost-effective TV advertising, the industry has to use national TV channels.
(79) In addition, Astra and Eutelsat have a central European scope. They have up to now not shown a particular interest in the Nordic area and the foot prints of the satellites do not cover the whole Nordic area. The satellites which NSD controls have foot prints aimed at Nordic viewers in particular. Consequently, broadcasters using NSD's transponders will obtain an advantageous position compared to competitors without access to NSD's transponders. Anyhow, because of the operation Astra and Eutelsat will not be significant competitors to NSD's Hot Bird as providers of transponders to broadcasters wanting to target Nordic viewers. The reasons are as follows:
(i) the importance of Kinnevik's TV channels
Through the link to Kinnevik as a broadcaster, NSD will be able to offer some very popular Nordic TV channels on an exclusive basis. As a result, the majority of Nordic direct-to-home households will direct their dishes toward NDS's satellites;
(ii) the link to Kinnevik as a major distributor
Getting onto the Viasat package of satellite TV channels will be vital for broadcasters aiming at the Nordic DTH market, because of the pulling power of the popular Kinnevik channels being offered there. By the operation, Viasat will exclusively distribute these channels available from the NSD satellites. Therefore, it will be vital for broadcasters to be on the NSD satellites so as to be on the Viasat distribution package;
(iii) the link to the parents as major cable TV operators
Because of NSD's link to TD and NT as major cable TV operators a broadcaster must anticipate the possibility of not getting access to a large part of the Nordic cable networks if it transmits from Astra or Eutelsat;
(iv) the price difference
(. . .);
(v) no capacity on Astra and Eutelsat
All transponder capacity on Astra and Eutelsat is currently occupied.
(i) The importance of Kinnevik's TV channels
(80) The relationship between Kinnevik as a broadcaster and NSD as a supplier of transponder services will be instrumental for the parties in creating a 'Nordic Hot Bird`. NSD will offer a package of approximately (15 to 30) programmes including the TV3 channels of Kinnevik. The TV3 channels will play a major role in creating the 'Nordic Hot Bird`. When launched (TV3 Sweden in 1989 and subsequently TV3 Denmark and TV3 Norway in 1991) they were transmitted from Astra. The TV3 channels became very popular TV channels in these countries. According to the parties TV3 can be watched by about 50 % of all households in Sweden, Norway and Denmark. Information from cable operators indicates that more than 70 % of their viewers regularly watch TV3 and that the channel ranks among the four most popular channels in each country. Cable TV operators generally indicated that TV3 is the most important channel to carry, apart from the national terrestrially distributed channels. In this connection, one has to bear in mind that Nordic viewers can watch the national channels without having to buy a dish or to subscribe to cable TV. Therefore, the reason for a household to buy a dish or subscribe to cable TV is to get access to additional channels, of which TV3 is the most important.
(81) In addition, the parties will within a short time be able to add more attractive TV channels to the package. Kinnevik owns other channels (TV6, TVG, Z-TV) which will also be transmitted exclusively from NSD's transponders.
(82) It appears that following the operation Astra will not be a major provider of satellite TV channels to the Nordic market. Currently, five transponders on Astra are used for Nordic TV channels and no Nordic TV channels are transmitted from Eutelsat. Four of the five Nordic transponders on Astra are leased by Kinnevik and used for its channel TV3 Denmark, TV3 Sweden, TV3 Norway and TV1000. Because of the operation, (. . .).
(83) Kinnevik's four transponders on Astra (. . .).
(84) Furthermore, NSD will also provide Astra's most popular foreign language TV channels in the Nordic countries: Eurosport, Discovery, Children's Channel, CNN Int., MTV Europe. (. . .) will be transmitted in a more attractive Nordic version in NSD's package. (. . .), other international channels are also considering Nordic versions of their channels which will be subtitled or dubbed. It is most likely that these channels will also be transmitted from NSD's satellites. NT has exclusive rights to distribute (. . .) in the Nordic area. Undoubtedly, such rights will be transferred to NSD and it is likely that NSD will be able to get exclusive rights to other popular channels.
(85) Based upon the abovementioned, it appears that broadcasters will stop transmitting the Nordic channels on Astra and that Astra will not have many popular foreign language channels to offer to Nordic viewers which they cannot get from the Nordic satellites, some even in a Nordic version.
(86) The position of NSD is likely to be further strengthened by the fact that the national broadcasters in Denmark are planning to launch satellite channels as supplements to their terrestrially distributed channels. It appears that NSD is the only realistic distribution possibility for these companies. Furthermore, the inclusion of these companies in NSD will take away strong potential broadcasters for potential competitors to NSD seeking to distribute satellite television to the Nordic area.
(87) The parties do not deny the strength of Kinnevik's channels. On the contrary, they consider those channels a decisive element in the operation. Information provided by the parties shows that they concur with the Commission's expectation that, after and as a result of the operation, most dishes in the area will be turned towards 1° W or 5°E.
(88) The parties' acceptance that most dishes in the area (70 % of which are presently directed at Astra) will be turned towards the Nordic satellites as soon as TV3 moves to them from Astra, seems to lead to the conclusion that TV3 is by far the most important satellite TV channel to most Nordic direct-to-home households, and to confirm the 'pulling power` of the Kinnevik channels mentioned earlier.
(89) The parties state that TV channels carried by Astra and Eutelsat will still be attractive for Nordic direct-to-home households and mention the fact that it is possible for households to receive signals from more than one satellite position by using certain equipment. Such equipment includes motorized dishes and fixed dishes with side-feeds. If the wish to, households can also buy another fixed dish.
(90) However, it seems clear that there are several problems with such equipment. There are aesthetic and planning concerns raised by the large size of the dishes required to fit side-feeds. They are also costly. The high cost of the motorized and second dish solutions also militates against them. A ratio of 2:1 in price difference between side-feed and standard equipment has been mentioned by (. . .). Motorized dishes are even more expensive, and the cost of buying two standard dishes is obvious.
Furthermore, even if such solutions were inexpensive and easy to integrate into a household, it seems likely that a consumer receiving (15 to 30) TV channels from NSD using standard equipment will be reluctant to spend money on other equipment so as to receive additional channels from Astra or Eutelsat.
(91) It is clear, therefore, that, because of the operation, very few Nordic direct-to-home households will direct their dishes towards Astra, Eutelsat or other satellite operators and, therefore, broadcasters wanting to target Nordic viewers will not see these satellites as alternatives to NSD.
(ii) The link to Kinnevik as a major distributor
(92) A broadcaster transmitting from Astra or Eutelsat will be excluded from NSD's package of satellite TV channels. In the Nordic countries satellite TV channels are sold in packages and by the operation NSD will offer very attractive packages. To be excluded from NSD's packages of channels will put a broadcaster in a very disadvantaged position compared to NSD's broadcasters. It is very unlikely that such broadcasters could develop new packages which could compete with NSD's package of channels. Another option would be to get onto FilmNet's packages of channels. However, compared to what NSD's packages can offer (i. e. The Kinnevik channels including TV3, the Nordic versions of other channels (see (80) to (84)) FilmNet's package (see (135)) will not be an attractive choice for a broadcaster. Besides, Filmnet's position as a significant player on this market will be undermined because of the operation (see (143)).
(iii) The link to the parents as major cable TV operators
(93) A broadcaster transmitting from Astra or Eutelsat must anticipate the possibility of exclusion from a large part of Nordic viewers connected to cable networks. Currently the parties control about (20 to 30 %) of the approximately five million households connected to cable TV networks and SMATV networks in the Nordic countries. However, in the digital environment NSD will effectively be able to control a much larger part of the cable TV network in the Nordic area due to its role as a 'gate keeper` to the Nordic cable TV networks (see point (131)).
(iv) The price difference
(94) It seems likely that broadcasters will be able to lease transponders on NSD at lower prices than on Astra and Eutelsat. This is mainly because of the difference in population covered by the Nordic foot print of NSD compared to the central European foot prints of Astra and Eutelsat. This means that broadcasters aiming at Nordic viewers will obtain a price advantage on NSD's satellites compared to competing broadcasters without access to NSD's satellites. In addition, a broadcaster transmitting from Astra or Eutelsat can reach only approximately 70 % of the potential Nordic direct-to-home households while competitors on NSD's satellites can reach all Nordic households using standard receiving equipment. For these reasons alone, most broadcasters wanting to target Nordic viewers will not see transponders on Astra or Eutelsat as relevant alternatives to NSD's transponders.
(v) No capacity on Astra and Eutelsat
(95) All transponder capacity on Astra and Eutelsat is occupied and in addition, the market for TV transponder capacity is for the moment characterized by a rise in demand and a shortage on the supply side. Furthermore, Kinnevik which currently leases four transponders on Astra directed at the Nordic region. (. . .).
(c) Potential competition from future capacity
(96) The parties expect the current situation in which there is a shortage of transponders to change because of a net increase in transponders in the near future.
(i) Astra/Eutelsat
(97) The parties claim that Astra has plans to launch a new satellite in 1995 which will increase its transponder capacity from 64 to 82 and, in 1996, a further satellite will increase Astra's capacity to 102 transponders. Other satellite operators with European coverage, for example Eutelsat, will also launch new satellites in the near future and thereby increase the total transponder capacity.
(98) Undoubtedly, Astra, Eutelsat and other satellite operators have plans to (and will) increase the capacity of transponders in the coming years by launching new satellites. However, according to information currently available to the Commission, transponders will not be available for Nordic broadcasters in the next three to four years at least. Besides, even if transponders for Nordic viewers were to be available there would not be so many that it would be possible to create a package that could compete commercially with NSD's.
(ii) NSAB
(99) The parties have in a letter of 12 April 1995 mentioned that the Swedish satellite operator NSAB has announced plans to launch a 32-transponder satellite to become operational by mid-1997. However, these 32 new transponders are covered by (. . . special rights of Kinnevik and TD (see also (37)) . . .). These agreements are not directly related and necessary to the implementation of the operation. They are therefore not ancillary and are subject to an assessment under Article 85 of the Treaty.
(iii) New players using new satellites
(100) It is not likely that new players will launch and operate TV satellites for the purpose of targeting the Nordic area. According to the parties, the construction cost of a satellite varies between ECU 40 and 100 million. To this must be added launching costs of between ECU 20 and 75 million and insurance costs of approximately 20 % of the insured loss (consisting of construction costs and launching costs). It usually takes more than five years from the decision to build a new satellite until the satellite can begin transmitting.
(iv) New players using second-hand satellites
(101) The parties argue that there is a second-hand market for operative satellites which means that potential operators can buy or ease an operative satellite and move them into the position they prefer. In this connection the parties point to the fact that the satellites currently situated at 1° W and 5° E are 'second-hand satellites`. Furthermore, according to the parties, it is possible to tilt the satellite so that the entire foot-print is moved.
(102) However, according to information available to the Commission, although it is possible to re-point the satellite to a different region of the earth, the footprint coverage is unlikely to be ideal since the satellite was not originally designed to cover the new region. In addition, even if an independent satellite operator chose to carry through such an operation, such satellites would be competing with NSD's 'Hot Bird` with all its competitive programming advantages transmitting (15 to 30) TV channels of which several are Nordic channels not accessible for other satellite operators than NSD.
(103) In view of the above, it seems unlikely that it would be economically sensible for a new company to enter the market for provision of transponder capacity to the Nordic area by using second-hand satellites.
(d) Digitalization
(104) The introduction of digital technology will increase the capacity of a satellite by five to 10 times. [ . . .], digitalization on a commercial basis will take place within the next one or two years. However, the transition from analogue to digital technology will require the replacement of the majority of the receiving equipment of the cable networks and direct-to-home households. This means significant investments for cable operators and direct-to-home households. The direct-to-home households would at least have to invest in a digital decoder which will cost between ECU [ . . .]. For that reason alone, practically all companies which have supplied information to the Commission agree that it will take several years before a majority of the Nordic satellite TV households will invest in the necessary equipment. [ . . ], it is generally accepted that there will not be a pure digital environment before the end of this century, but for quite a long period both analogue and digital transmissions will exist side by side. Consequently, in this transitional period there will be double illumination of the TV channels in both digital and analogue transmission and therefore a need for more capacity than before digitalization.
(105) Furthermore, NSD will control the transponder capacity of the Nordic satellites, and it is not evident why digitalization would make it more attractive for a potential new supplier of transponder capacity to supply transponder capacity directed towards the Nordic area. It seems more reasonable to conclude that a potential supplier of transponder capacity in the digital environment will not supply transponder capacity for the Nordic area, for the same reasons as expressed above.
(106) The need for more channels for specialized pay-TV, video-on-demand, etc. could mean a strong demand for digital transmission capacity. Information supplied to the Commission indicates that capacity created by digitalization could easily be absorbed by introduction of new capacity-intensive products such as video-on-demand etc. On that basis, it must be assumed that the increase in transponder capacity for the Nordic area due to the introduction of digital technology will be absorbed by NSD itself.
A.2. Conclusion
(107) In its communication of 10 June 1994 on satellite communications relating to the provision of - and access to - space segment capacity, the Commission announced its intention to use the competition rules to remove all national restrictions within the European Union on access to space segments. This was stressed again in the Commission's Communication to the European Parliament and the Council on the status and implementation of Directive 90/388/EEC on competition in the markets for telecommunications services (COM(95) 113 final of 4 April 1995). In particular, former dominant positions held by national incumbent telecommunications operators as a result of national legislation should not be directly or indirectly replaced by dominant positions held by private companies as a result of commercial agreements.
(108) NSD will through the operation acquire a dominant position on the market for satellite TV transponder services suitable for Nordic viewers. Currently Telenor controls all three satellites in the position 1°W and the present leasing agreements with NSAB (the Swedish satellite operator) ensures NSD control of the majority of the transponder capacity situated on 5°E.
(109) Through its control over most transponder capacity, the links of Kinnevik as an important broadcaster of Nordic TV channels and distributor of satellite TV channels to direct-to-home households, and through the links to the parents as cable TV operators, NSD will be in a position to foreclose other satellite operators from leasing transponder to broadcasters.
(110) Even if Astra and Eutelsat could be considered actual competitors, they will not have transponders to offer any broadcasters wishing to transmit channels to Nordic households. Of the five 'Nordic` transponders on Astra, Kinnevik controls four and in this connection it has to be borne in mind that (. . . .). This will contribute to the strengthening of NSD's dominance and shows that it is the intention of the parties to prevent Astra from being a competitor. For these reasons it can be concluded that NSD in the short term will dominate the market for transponders suitable for transmitting TV signals to Nordic viewers.
(111) In the medium to long term (1996 and onwards) it is very unlikely that new satellite operators, Astra or Eutelast would be able to challenge NSD's dominant position. In the next two to three years there will be insufficient capacity left on Astra and Eutelsat or on other satellites not controlled by NSD. It will take even more time before digitalization will have an impact on the supply of transponder capacity. The additional capacity becoming available through digitalization is likely to be absorbed by NSD. Furthermore, competition within NSD will be defined by NSD, since NSD will be able to determine which companies will broadcast through NSD. For these reasons it is likely that NSD even in the medium to long term will be able to maintain its dominant position on this market.
(112) The above conclusions are reinforced by the existence of the (. . . . special rights) on 5° E even if these are not to be considered ancillary and are therefore to be assessed under Article 85 of the Treaty.
B. OPERATION OF CABLE TV NETWORKS
B.1. Market structure
(113) In the Nordic area about 4,2 million of 10 million households in total receive cable TV. The number of cable TV connections is only expected to grow slowly in the coming years, since most of the areas where it is economically sensible to lay cables have by now been cabled. Compared to other European countries the Nordic cable TV sector is characterized by physically smaller units, where each network tends to have relatively few connections. However, a few large operators with many units control about 80 % of all connections in the Nordic area.
(a) Denmark
(114) Denmark has around 2,3 million households of which 1,05 million are connected to cable TV networks and 250 000 households connected to SMATV networks. TD Kabel TV, owned by TD, operates the largest network and supplies approximately (600 000 to 700 000) cable TV and SMATV households (approximately 50 % of all households connected to cable TV and SMATV). The second largest operator is Stofa A/S with around (100 000 to 150 000) households. Sofa is controlled by Telia, the Swedish telecom operator. Besides these two operators the market consists of a large number of aerial associations.
(115) Until now it has not been possible to enter the Danish cable TV market with full-scale operations, as TD has had a legal monopoly on the ownership of commercial cable TV infrastructure and the transmission of TV signals by cable across municipal borders. However, according to a parliamentary decision from April 1995 the Danish legislation on telecommunication and cable TV activities will be liberalized in two steps: the first step will be implemented 1 July 1995, and the second step will be implemented not later than 1 January 1998. The implementation of step one means that cable operators other than TD will be allowed to own cable network infrastructure. However, until the implementation of step two TD will retain the exclusive right to provide the infrastructure for transmission of radio and TV signals as well as other telecommunication services across municipal borders. Third parties will get the right to make use of TD's infrastructure on a leased-line basis, but will be excluded from offering cross-municipal-border transmission in their own infrastructure. Denmark is made up of 275 municipalities. The average population of a municipality is 19 000 inhabitants.
(116) The fact that, despite the liberalization, undertakings other than TD are denied the right to provide infrastructure for transmission of signals across municipal borders means that competitors are denied the economies of scale from which TD currently benefits. Furthermore TD will be in a position where it will obtain knowledge about the strategic considerations of their competitors, since all offers made by the competitors of TD will necessarily involve a contractual relationship with TD regarding the use of TD's infrastructure. In contrast, TD can make an offer without being forced to negotiate the terms for using another company's infrastructure.
(117) As a result of its legal monopoly, TD has obtained a very strong position on the Danish cable TV market. The implementation of step one will remove some of TD's exclusive rights, but TD will still have some legal protection from which it will be able to maintain or even develop its position. Although the legal situation is expected to change, the heavy investment needed to build up a cable network, together with the dominant position already held by TD, make new entry unlikely. The proposed concentration will lead to a strengthening of TD's dominant position (see sections B.2 and B.3 below).
(118) It should be noted, that Stofa A/S, a private Danish cable TV operator, has filed a complaint with the Commission concerning Danish legislation on cable TV. The Commission has questioned (6) the Danish Government on the points raised by Stofa. In particular, the Commission has asked the Danish authorities to lift the current provisions prohibiting private companies from owning cable TV networks and to ensure that companies other than TD are allowed to transmit signals across municipal borders in Denmark.
(b) Norway
(119) Norway has around 1,9 million households of which 565 000 are connected to cable TV and 120 000 are connected to SMATV. There are three large cable TV operators that cover approximately 70 % of all households connected to cable. Telenor Avidi, owned by NT, is the largest cable operator with about (180 000 to 200 000) connections (approximately 30 % of all connections). Janco Kabel-TV AS, owned by Helsinki Media SA, has about 22 % of all connections, and Norkabel AS has about 20 % of all connections. Norkabel is owned by TCI and others.
(120) Retransmission of satellite television programmes by way of cable networks does not require a special licence in Norway. Cable TV companies are legally obliged to carry the national TV stations NRK and TV2. The Norwegian legislation also states that agreements concerning retransmission of satellite broadcasts shall contain a clause to the effect that Norwegian cable networks may enter the agreement on equal terms.
(121) Although NT is the market leader, the Norwegian cable TV market consists of three competitors of almost equal strength and NT probably does not have a dominant position at present. According to the Norwegian competition authority, direct competition between cable TV operators is to a large extent possible since about two-thirds of all connected households have the possibility of choosing an alternative cable TV supplier. Furthermore, the Norwegian cable TV market is expected to grow by 2 to 3 % per year and the penetration is expected to reach a level of 40 to 50 % of the total amount of households.
(c) Sweden
(122) Sweden has around 3,9 million households of which around 1,9 million are connected to cable TV networks and approximately 600 000 are connected to SMATV networks. Svenska Kabel-TV AB, which is owned by Telia AB (controlled by the Swedish State), is the dominant operator with approximately 1,2 million connections (about 50 % of all connections). (. . .) Kinnevik has a 37,4 % interest in the second largest cable operator Kabelvision AB ((. . .) has the majority shareholding), which has around 300 000 subscribers (about 18 % of all connections). Two other companies - Stjern-TV AB and Sweden-On-Line AB - have each around 150 000 connections. The Cable Act was adopted in 1992 and has removed all important legal barriers to entry.
(123) Kinnevik has a 37,4 % interest in Kabelvision and (. . .). In 1993 Kabelvision stopped distributing FilmNet's pay TV channels, and it was only after intervention of the Swedish competition authorities that Kabelvision recommenced distribution of FilmNet in 1994. Therefore, it is reasonable to conclude that Kinnevik has an important influence on Kabelvision's commercial policy. In any case the fact that potential competitors will have to take into account the possibility that Kinnevik may be able to influence the commercial strategy of Kabelvision is enough to influence the actions of competitors.
(d) Finland
(124) Finland has around 1,9 million households of which approximately 780 000 are connected to cable TV networks and about 100 000 to SMATV networks. The largest cable TV operator is Helsinki Television OY, owned by Helsinki Media, with about 190 000 connected households (approximately 20 % of all connections). The second largest is Telecom Kabel-TV OY, owned by the public telecom operator, with approximately 120 000 connections. Four smaller companies have shares between 4 % and 6 % of all connections while the rest (about 40 % of all connections) are operated by many small companies.
(125) The parties to the operations are not active on the Finnish cable TV market. (. . .).
B.2. Impact of NSD on the cable TV market
(126) The cable TV operators questioned by the Commission have said that they would, for competitive reasons, have to carry the NSD package of programmes, at least in Denmark, Norway and Sweden. Due to the dominant position of NSD on the transponder market, this will give NSD a strong position towards the cable TV operators, since cable TV operators will have to negotiate with NSD to obtain the TV channel from on NSD, instead of directly with broadcasters, as is the case today. The establishment of NSD will therefore lead to an important change in the negotiating position of cable TV operators.
(127) The parties have argued that the creation of NSD would not prevent the independent cable operators from negotiating directly with Kinnevik in order to obtain the TV3 channels and Kinnevik's other channels if operators do not want to negotiate with NSD. It is true that the NSD agreements do not prevent such arrangements, however, it must be assumed that the parties interest is to promote Kinnevik's channels on a NSD package. In addition, in order to carry the channels of which NSD will most likely obtain exclusivity ((. . . mention of channels. . .) and probably more since it is the intention of NSD to obtain such exclusivity arrangements) independent broadcasters would have to negotiate with NSD. Thus, it seems that negotiations directly with NSD in order to carry NSD's package will be the most realistic choice for the majority of cable operators. In principle, a cable TV operator could get programmes from Astra, or other satellites not controlled by NSD and in such a case they would negotiate directly with broadcasters. However, only non-Nordic language channels will be available on Astra or other satellites.
(128) Furthermore, the independent cable TV operators in Denmark, Norway and Sweden would have to negotiate prices and other terms with a competitor (this applies also if the cable TV operators negotiate directly with Kinnevik since Kinnevik is a part of NSD). This is also the case in areas where households have a choice between being connected to cable TV or buying a private dish, since NSD will control the direct-to-home market as well. NSD would thus be in a position to price-discriminate or impose terms on independent cable operators in favour of the cable operators owned by the parents or in favour of its direct-to-home operations.
(129) It should be noted that several independent cable operators which have supplied information to the Commission have shown a great deal of concern about the possibility of discrimination by NSD in order to favour its own interests. However, even if there was no discrimination, NSD would still be able to exploit its position on the cable TV markets due to its dominant position on the transponder market.
(130) According to the parties, in the digital environment it is the intention of the parties to (. . .) implement a joint Nordic encryption system and a joint Nordic head-end. NSD will control the system and the head-end, and have plans to offer (. . . various services. . .) such a solution (transparent transmission) could be economically attractive to many cable TV operators, since they could eliminate an encoding and decoding system in each head-end and thereby reduce costs significantly. This is of particular relevance in areas with many smaller cable TV networks, as in the Nordic countries. Some independent cable TV operators have hundreds of head-ends or more and need a decoder for each channel in each head-end, with current technology. Undoubtedly, many cable operators would be reluctant to give up providing the SMS themselves, since this is a critical part of most cable TV operations and would make them dependent on NSD. Considering the economic benefits for cable households, and the fact that subscribers connected to the networks will not notice any difference if NSD provides transparent transmission together with SMS and SAS, it would be difficult for a smaller cable TV operator to reject such a solution, if it became a reality.
(131) Consequently, if NSD develops and implements such a system in the digital environment, it is msot likely that the majority of households connected to cable networks in the Nordic countries will receive transparent transmission of signals using NSD's joint Nordic encryption system. (. . .) Consequently, it is also difficult to assess the competitive and economic aspects of transparent transmission. However, it must be foreseen that by controlling such a system NSD will be in a position to strengthen its function as a 'gate keeper` for broadcasters wishing to get access to Nordic cable networks. It would be very difficult for a broadcaster without access to NSD's system for encryption to get access to cable networks should such a system be developed.
B.3. Conclusion
Denmark
(132) TD controls approximately 50 % of the cable connections in Denmark, and has a dominant position on the Danish market due to the legal regime there. The creation of NSD will result in the strengthening of TD's dominant position because:
(i) NSD will be able to discriminate in favour of TD when offering channels to Danish cable operators;
(ii) NSD's monopolist position as regards provision of programming will mean that the terms offered to cable operators will be those most favourable to TD, rather than to others;
(iii) Cable operators in competition with TD will have to negotiate with TD as an NSD partner.
This situation is unlikely to change after the first step of liberalization, as TD will still retain many advantages over its competitors due to its past legal monopoly.
Sweden, Norway and Finland
(133) The parties control or influence about 18 % and 30 % of the cable and SMATV connections in Norway and Sweden respectively and nothing in Finland. Because of NSD's dominance of the transponder market, the arguments in point (i) to (iii) above will apply to the competitive situation between the parties' cable operators in Norway and Sweden.
(134) However, because of the relative strength of competitors in Norway and Sweden it seems unlikely that dominant positions of the parties in Norway and Sweden will be created as a result of the operation.
C. DISTRIBUTION OF SATELLITE PAY-TV AND OTHER ENCRYPTED TV CHANNELS TO DIRECT-TO-HOME HOUSEHOLDS
C.1. Market structure
(135) There are currently three major distributors in this market: FilmNet (Multichoice), Telenor CTV and Viasat. To be competitive a distributor must have a TV channel or package of TV channels on his smart card which a considerable number of viewers find attractive. The three companies use competing smart cards with different TV channels:
- FilmNet's card contains its own pay-TV channel FilmNet Plus, The Complete Movie Channel and BBC. In Denmark the card only contains FilmNet Plus and/or FilmNet The Complete Movie Channel,
- Telenor CTV markets the CTV card which includes MTV, Eurosport Nordic, Discovery, Children's Channels, CNN and FilmNet The Complete Movie Channel. In Sweden (and planned for Denmark) the card also includes FilmNet Plus,
- The Viasat card includes TV3 (TV3 Denmark, TV3 Sweden or TV3 Norway) and its own pay-TV channels TV 1000, Film Max and TV 1000 Cinema.
According to (. . .), by March 1995 Viasat, FilmNet and Telenor CTV provided the following numbers of smart cards in the Nordic countries:
TABLE
(136) Measured in numbers of smart cards sold, Viasat as a distribution company has a very strong position on this market. It can be noted, that according to the FilmNet/Telenor agreement (see 137) (. . .). However, it has to be borne in mind that Viasat's smart cards will also contain the CTV package and include Kinnevik's channels, which will be sold exclusively by Viasat. On that basis, it can be concluded that the operation will create a dominant position of Viasat on this market. (. . .).
(137) The FilmNet/Telenor agreement: FilmNet is currently being broadcast from the Thor satellite. FilmNet's lease of a transponder on the Thor satellite and its distribution company Multichoice's distribution of Telenor's CTV package in Sweden is based on an agreement with Telenor AS dated October 1992. FilmNet saw the NSD operation as a threat to its interest as a distributor of pay-TV in the Nordic countries and has filed a complaint with the Commission concerning the proposed operation. In addition, Nethold (the owner of FilmNet and Multichoice) has initiated arbitration against Telenor for alleged breaches of the abovementioned agreement. In December 1994 the Norwegian Court granted an injunction against Telenor by which Telenor, among others, was forbidden to implement the agreement with the Viasat companies by which Viasat could sell Telenor's CTV package. The Court decision would have blocked the NSD operation and made it necessary for the parties to negotiate a settlement with Nethold. By an agreement between Nethold and Telenor dated 29 March 1995) (. . .).
C.2. Foreclosure effects on the market for distribution of TV channels due to the NSD operation
(138) The NSD operation will foreclose competitors from this market because:
(i) By its control of Nordic transponder capacity and its link to Kinnevik as a broadcaster, NSD will be the dominant provider of TV channels to Nordic viewers;
(ii) as discussed above (see 126 to 131), NSD will, to a large extent, control access to the Nordic cable sector, by means of its parental links to cable operators.
For these reasons, there would be very little room for a new distributor in the Nordic market. It is thus unlikely that a potential competitor would be able to establish a distribution business able to compete with NSD in the Nordic area.
(139) The parties claim that the NSD agreement allows an independent broadcaster to lease a transponder from NSD without having to make distribution agreements with the parent's distribution companies. Such a broadcaster would be free to enter into agreements with other distributors. The parties find that the intention of such a policy is confirmed by the abovementioned new agreement with FilmNet.
(140) However, such a broadcaster would have to make an agreement with NSD which is jointly controlled by Kinnevik. Kinnevik could thereby influence the price and terms for the lease contract and Viasat would be able to obtain information about such a potential competitor.
(141) Furthermore, it is highly unlikely that NSD will lease transponders to broadcasters without making the lease dependent on a distribution agreement between the broadcaster and Kinnevik's distribution company. It is clear from information made available by the parties that NSD's transponders first and foremost are a means to develop a Nordic satellite TV distribution system. To lease transponders to broadcasters who do not want to be distributed by NSD would counteract the purpose of the operation. Furthermore, in a period with shortage of supply of transponders it is not necessary for NSD to lease transponders to such broadcasters. The attempt of the parties to confirm its 'open` lease-policy by referring to the new agreement with FilmNet is not convincing: The FilmNet agreement is the outcome of a negotiated settlement. Through a court decision in Norway FilmNet blocked parts of the NSD operation and it was necessary for Telenor to reach a settlement with FilmNet. Before the court decision it was not the intention of the parties to reach such a settlement with FilmNet.
C.3. Conclusions
(142) The foreclosure effect of the operation as regards new entrants to this market will mean that the only likely competitors in this market will be Viasat and FilmNet.
(143) The agreement between FilmNet and Telenor allows FilmNet to (. . .) and to continue to market its own smartcards and therefore to control the SAS and SMS. The agreement, therefore, apparently permits FilmNet to continue to be an important player in the market for distribution of TV channels to direct-to-home households. However Viasat will strengthen its position on the distribution market through the attractive package of channels it will put on the market, and this will undermine FilmNet's position as a significant player in this market.
(144) It can therefore be concluded that Viasat will obtain a dominant position on this market as a result of the operation.
D. ECONOMIC AND TECHNICAL PROGRESS
(145) According to the parties NSD will lead to economic and technical progress. In the short to medium-term the creation of a Nordic 'Hot Bird` will thus give an improved distribution of satellite TV in the Nordic region, and in the long term, after digitalization, in the parties view NSD will make substantial rationalizations possible for cable TV operators and SMATV networks to the benefit of the consumers.
(146) The Commission cannot share this reasoning: the establishment of NSD will not in the short to medium term lead to an improved distribution of satellite TV to the Nordic region, since NSD does not add any new transponder capacity. Consequently, the number of satellite TV channels offered to Nordic viewers in the short term will not be affected by the operation. The Commission recognizes that it is necessary for a satellite operator to be able to promote its satellite position, but in view of the Commission the vertical integration of the operation is not necessary in order to do so. Rather the operation is likely to affect the way in which available transponder capacity is allocated to broadcasters.
(147) In the long term, with the introduction of digital technology, the parties will use NSD to create an integrated infrastructure for the distribution of satellite TV and other related services.
(148) According to the parties, in the digital environment it is the intention to (. . .) implement a joint Nordic system for encryption to be used for the direct-to-home, SMATV and cable TV market. This implies that the individual TV households will only need one decoder box irrespectively whether they receive the signals from cable or via a satellite dish antenna. This means that the SMS and SAS systems of DTH, SMATV, and cable TV networks can be integrated. Furthermore, cable TV networks could have considerable cost savings by not having to decode and encode signals in each of their head-ends. According to the parties the system will allow independent cable TV operators to use NSD as a supplier and at the same time still be able to run their own SMS systems. Furthermore, the system will provide SMATV networks with improved possibilities for reception of pay-TV and even allow them to run their own SMS, which is basically not possible today.
(149) Because of NSD's dominant position as provider of TV channels from Nordic transponders, the Commission considers that it is most likely that the majority of direct-to-home households and independent cable operators in the Nordic countries will be forced to use an encryption system used by NSD. Broadcasters who want to target Nordic viewers will have to lease NDS's system. Thus, if the plans are carried through, NSD's joint Nordic encryption system would become the dominant system in the Nordic region.
(150) The Commission recognizes the long-term economic benefits of having an integrated system for transmission of satellite TV (. . .). Thus, it is impossible to assess to what degree NSD's plans for a joint Nordic encryption system would enable NSD to exclude broadcasters from transmitting TV channels to Nordic viewers. A closed encryption system could make the new infrastructure highly anticompetitive. The same applies to an open system if the system becomes dominant and third parties cannot get access to such a system. (. . .).
(151) The Commission considers that an infrastructure as described by the parties could be highly efficient and beneficial to consumers. However, it must be an open infrastructure accessible for all interested parties. In particular the Commission takes the view that the participation of such a strong broadcaster as Kinnevik in NSD means that there is a high risk that this will not be case. Therefore, it is likely that the operation will lead to less variety in the offer to Nordic TV households in the future. Furthermore, in the opinion of the Commission the vertically integrated nature of the proposed operation is not necessary in order to create such an integrated infrastructure.
(152) Consequently, the arguments made by the parties with regard to technical and economic progress cannot be accepted since the conditions of Article 2 (1) (b) of the Merger Regulation are not met.
E. UNDERTAKINGS PROPOSED BY THE PARTIES
(153) By letter of 7 July 1995 the parties proposed giving a series of undertakings in order to remove the doubts against the proposed concentration. The proposed undertakings relate to the following points:
- Tele Danmark and Norsk Telekom waive all rights to interfere with the use of Kinnevik's transponders on Astra,
- Tele Danmark and Kinnevik will waive their (special) rights (. . .) for transponders on the Swedish satellite position 5 °E,
- They will make two of their existing transponders available for other broadcasters on commercial terms on the day of clearance. (. . .) The other transponder is leased from NSAB and any contract awarded concerning this transponder will be subject to NSAB's approval. The undertaking shall cease to have effect if the transponders have not been leased by third parties within six months from the day of clearance of NSD,
- NSD will dispose freely of the first (. . .) transponders transferred to NSD at 1 °W. The parties will establish a procedure through which (. . .) of (. . .) additional NSD transponders will be made available for broadcasters not related to NSD. NSD undertakes to communicate to the market with not more than 180 days and not less than 60 days notice when new capacity will become available. Third parties will then be given the opportunity to place a binding offer for lease of capacity. NSD is free to dispose of transponders which have not been leased by third parties as part of the procedure,
- NSD shall not acquire exclusive distribution rights for (. . .) specified Nordic and international channels. The undertaking shall only apply for (. . .) years and only for analogue, and not for digital transmissions,
- If Kinnevik offers its channels free of charge to a cable TV operator in a given country, it will likewise offer the channel(s) concerned to any cable operator free of charge, as long as this operator is willing to give the channel free distribution. If Kinnevik introduces payment, the channels will still be offered on non-discriminatory terms provided the cable operator is willing to give the channel concerned free distribution. (. . .) These undertaking will be valid for (. . .) years,
- The parties undertake to agree that all commercial relations between NSD and its shareholders shall be based on arm's length principles.
(154) In the Commission's view, these undertakings are insufficient to avoid the abovementioned creation or strengthening of dominant positions. The three first mentioned undertakings will have only a minor short term effect on the availability of transponders to third parties: the first undertaking that TD and NT waive all rights to interfere with the use of Kinnevik's four Astra transponders is unlikely to have any effect of relevance since Kinnevik will be free to dispose of these transponders. The second undertaking to waive their (special) rights (. . .) for transponders on the Swedish satellite position will have no short term effects since the parties would still control (. . .) of a total of ten transponders on this position. In addition, the undertaking does not exclude NSD from leasing additional transponders on the Swedish position if such becomes available. Anyway, the (special) rights (. . .) are non-ancillary and constitute only an additional element reinforcing the Commissions conclusions (see 112). The third undertaking to make two of their existing transponders available for other broadcasters will have only a minor short term effect. (. . .) Furthermore, the price and other terms are decided by NSD.
(155) The undertaking that NSD will make (. . .) out of additional (. . .) transponders available for broadcasters not related to NSD does not contain a time limit and, therefore, it is unclear when additional transponders will be available. Furthermore, the fact that NSD itself will distribute these (. . .) transponders will make it extremely difficult to control whether the price and other leasing terms are fair and on-discriminatory.
(156) The undertaking that NSD shall not acquire exclusive distribution rights to (. . .) satellite TV channels is too limited in scope. (. . .) of the (. . .) TV channels are owned by Kinnevik and the (. . .) channels do not include three of the most popular international TV channels (. . .), to which NT has exclusive rights. In addition, the undertaking shall only apply for (. . .) years and only for analogue, not for digital transmission. (. . .) Furthermore, this undertaking would be difficult to enforce.
(157) The undertaking that Kinnevik will offer its TV channels to cable TV operators is ambiguous. The undertaking contains several conditions and it seems to deprive the cable operator of the right to choose or maintain its own programme policy and marketing strategy. It would be very difficult to enforce this undertaking.
(158) The last mentioned undertaking in which the parties agree to base all commercial relations on arm's length principles is very difficult to enforce.
(159) All in all, the undertakings are not sufficient to solve the competition problems indentified above. They are too limited in scope, mostly behavioural and would be very difficult to control and enforce.
(160) The Advisory Committee on Concentrations agrees with the Commission that the proposed undertakings offered by the parties are not sufficient to make the setting up of the joint venture compatible with the common market and the EEA Agreement. This view is also taken by third parties which the Commission has asked for comments on the undertakings offered by the parties.
F. CONCLUSION
(161) As a result of the operation, NSD will acquire a dominant position on the market for satellite TV transponder services suitable for Nordic viewers.
(162) NSD's dominant position on transponders will strengthen TD's dominant position on the cable TV market in Denmark.
(163) Viasat will obtain a dominant position on the market for distribution of pay-TV and other encrypted channels to direct-to-home households as a result of the operation.
(164) The vertical integration of NSD means that the positions of the parties in various markets reinforce each other. Particularly it should be noted that the positions of the parties in the downstream markets (cable TV networks and distribution) reinforce the dominant position on transponders by deterring potential competitors from broadcasting from other transponders to the Nordic area.
(165) Apart from the three markets analysed in this Decision the Commission has investigated four other areas - pay-TV, other commercial TV channels, up-link services and provision of encryption systems - in which the parties are active. The Commission has found that, as to these activities, the parties will not obtain or strengthen a dominant position due to the operation,
HAS ADOPTED THIS DECISION:
Article 1
The concentration by way of the creation of a joint venture as notified by Norsk Telekom AS, TeleDanmark AS and Industriförvaltnings AB Kinnevik is hereby declared incompatible with the common market and the functioning of the EEA Agreement.
Article 2
This Decision is addressed to:
1. Norsk Telekom AS,
Keysersgate 15,
N-0165, Oslo;
2. TeleDanmark A/S,
Kannikegade 16,
DK-8000, Aarhus C;
3. Industriförvaltnings AB Kinnevik,
Skeppsbron, 18,
S-10313, Stockholm.
Done at Brussels, 19 July 1995.
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COMMISSION DECISION of 14 September 1981 on the joint formation of Eurocoal SA, Brussels, by Etmofina SA, Brussels, and Krupp Handel GmbH, Düsseldorf (Only the Dutch, French and German texts are authentic) (81/789/ECSC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 66 thereof,
Having regard to Decision No 24/54 of 6 May 1954 laying down in implementation of Article 66 (1) of the Treaty a Regulation on what constitutes control of an undertaking (1),
Having regard to the application made on 4 February 1981 by Petrofina SA, Brussels, and Krupp Handel GmbH, Düsseldorf, for authorization of the joint formation of Eurocoal SA, Brussels, by Etmofina SA, Brussels, and Krupp Handel GmbH, Düsseldorf,
Having obtained the comments of the Governments of the Kingdom of Belgium and the Federal Republic of Germany,
Whereas:
I 1. Eurocoal is intended to handle in combination the coal trade interests of Krupp Handel and Etmofina in the common market, with the exception of the Federal Republic of Germany, and in a number of non-member countries.
It is further intended that Eurocoal will commence operations in the Federal Republic of Germany at an opportune moment.
The joint subsidiary is to trade in solid fuels, no express distinction having been made between supplies obtained from the Community and those obtained from non-member countries. It is estimated that its turnover will reach between one and two million tonnes after five years.
The founder undertakings will each have a 50 % stake in Eurocoal.
2. Etmofina is a wholly owned subsidiary of Petrofina and is combined with it. Petrofina is a multinational group engaged mainly in all spheres of the oil industry (discovery, extraction, transportation and refining of crude oil petrochemicals and the marketing of finished products). In 1979, the group achieved a turnover of some Bfrs 273 000 million (about 6 800 million ECU). Taking these circumstances into account, Etmofina is not an undertaking within the meaning of Article 80 of the Treaty.
3. Krupp Handel is a wholly owned subsidiary of Fried. Krupp GmbH (Krupp Group). The Krupp Group, with which Krupp Handel is combined, is engaged in steel production, shipbuilding, industrial plant production, mechanical engineering, distribution and services (involving, amongst other things, coal). In 1979, the group's turnover amounted to some DM 13 000 million (about 5 150 million ECU). Krupp Handel is an undertaking within the meaning of Article 80 of the Treaty.
4. Both groups are convinced that the changes which have occurred on the world energy market since 1973, together with the ever-decreasing capacity of hydrocarbons to meet energy requirements, will lead to a continuing increase in solid fuel consumption.
In their view, this will involve not only the emergence of new requirements, but also requirements stemming from the changeover from fuel oil to solid fuel consumption.
II
The two groups' trade in solid fuels in the territory covered by the agreement will in future be carried out by the joint subsidiary alone. While Krupp Handel will withdraw from such activity, Petrofina will refrain from becoming active in this market. For the purposes of their joint activity in the field of solid fuels distribution, both groups possess tangible and intangible (1) Official Journal of the ECSC, 11.5.1954, p. 345. resources which are mutually complementary. These resources include the two parent companies' existing marketing networks and also their existing and potential customers and supply contracts. While Krupp Handel's customers are in some cases consumers of solid fuels and in others of mineral oil products, Petrofina, which trades in mineral oil products has customers who are potential converts from mineral oil products to coal or already use coal to cover part of their energy needs and who thus represent an ideal element of goodwill for Eurocoal as regards trade in coal. Wherever they can be of use, these resources will be transferred or made available to the joint subsidiary.
Under these conditions, the formation of Eurocoal does not constitute an agreement between the parent companies on the coordination of their market operations, but the creation of an autonomous business entity. The proposed transaction will therefore lead to a concentration within the meaning of Article 66 (1) of the Treaty in the form of group control. The agreements on the equal participation in Eurocoal and on its management will prevent either parent company from exercising individual control over the company. It will be controlled jointly by the parent companies, the latter acting as a group in the pursuit of their common business interests. The joint undertaking will therefore be merged with Petrofina and Fried. Krupp GmbH and with the undertakings controlled by them, without the two groups being merged with each other.
Such concentrations may be approved if it can be shown that certain restraints of competition are not involved. This condition is met for the following reasons:
The proposed transaction is of only limited significance in the territory of the common market. In 1980, consumption of solid fuels - excluding supplies to State railways and the steel industry, which are generally reserved for mining undertakings - amounted to some 225 million tonnes.
This amount is distributed partly by the producers, which in some cases fulfil a distributive function, and partly by a large number of wholesale coal distributors. The latter include several which each year sell more than two million tonnes of solid fuels.
Under the given circumstances, Eurocoal's planned turnover, even when increased to include Krupp Handel's supplies in the Federal Republic of Germany, is not likely to achieve a market share of more than some 2 % in solid fuels within the common market. Even in the future, there will thus be sufficient competition on this market. Even though it must be remembered that, through its stake in Eurocoal, Petrofina will cease to be a potential competitor in the marketing of solid fuels, it is clear that the parent companies will not be able, through Eurocoal, to determine prices, to control or restrict production or distribution or to hinder effective competition in a substantial part of the market in solid fuels. Nor will the proposed transaction enable them to evade the rules of competition, in particular by establishing an artificially privileged position involving a substantial advantage in access to supplies or markets.
A group effect between Fried. Krupp GmbH and Petrofina will not be created, since the latter has hitherto not been involved in the production or distribution of solid fuels.
Accordingly, the proposed transaction satisfies the conditions for authorization set out in Article 66 and may therefore be authorized,
HAS ADOPTED THIS DECISION:
Article 1
The joint formation of the firm Eurocoal, Brussels, by Etmofina SA, Brussels, and Krupp Handel GmbH, Düsseldorf, is hereby authorized.
Article 2
This Decision is addressed to Petrofina SA, Brussels, and Krupp Handel GmbH, Düsseldorf.
Done at Brussels, 14 September 1981.
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COMMISSION DECISION
of 26 July 1999
amending Decision 98/372/EC concerning the animal health conditions and veterinary certifications for import of live animals of bovine and swine species from certain European countries to take into account some aspects in relation with Bulgaria and the Czech Republic
(notified under document number C(1999) 2437)
(Text with EEA relevance)
(1999/539/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine, ovine and caprine animals and swine, fresh meat products from third countries(1), as last amended by Directive 97/79/EC(2) and in particular Article 6 and 7 thereof,
(1) Whereas, as a consequence of the action taken by the Bulgarian authorities to prohibit the spread of an outbreak of foot and mouth disease, that country was regionalised by Commission Decision 96/730/EC of 17 December 1996 concerning certain protective measures with regard to import of certain animals and their products from Bulgaria and repealing Decision 96/643/EC(3), as last amended by Decision 98/373/EC(4);
(2) Whereas the import of bovine animals is banned from six provinces of Bulgaria by Commission Decision 98/372/EC of 29 May 1998 concerning the animal health conditions and veterinary certifications for import of live animals of bovine and porcine species from certain European countries(5), as amended by Decision 98/505/EC(6);
(3) Whereas giving consideration to the improvement of the animal health situation in Bulgaria and that the country has been free from foot and mouth disease for the last two years;
(4) Whereas, following a recent Commission veterinary mission, it appears that the Bulgarian veterinary services control satisfactorily the whole country and therefore it is possible to lift the ban for remaining six provinces of Bulgaria;
(5) Whereas it is considered necessary to keep the restriction for the Bulgarian territory comprising the 20-km-wide corridor along the border with Turkey;
(6) Whereas it is still considered necessary to submit the importation of bovine animals to a pre-import quarantine, as a supplementary guarantee, as fixed in Annex IV to Decision 98/372/EC;
(7) Whereas classical swine fever still persists in the feral pig population in some areas of the Czech Republic;
(8) Whereas this situation is liable to endanger the herds of the European Community;
(9) Whereas it is therefore necessary to amend the conditions for imports of live animals of porcine species from some areas of the Czech Republic to take into account the evolution of the epidemiological situation in relation to classical swine fever;
(10) Whereas this Decision is in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
Decision 98/372/EC is amended as follows:
1. Annex I is replaced by Annex I to the present Decision.
2. Annex II is replaced by Annex II to the present Decision.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 26 July 1999.
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*****
COUNCIL REGULATION (EEC) No 1436/90
of 21 May 1990
amending Regulation (EEC) No 3033/80 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Whereas imports of chemically pure fructose (laevulose) are subject to a relatively low rate of duty compared to the incidence of the difference between prices in the Community and in the world market for the agricultural raw materials which it contains;
Whereas imports of chemically pure fructose into the Community have, as a result, increased substantially, from 3 900 tonnes in 1984 to 8 100 tonnes in 1987, amounting to 58 % of Community consumption in 1987;
Whereas the duty on chemically pure fructose is not bound in the GATT;
Whereas, in the circumstances, it is necessary to provide for a variable component in the customs duty on chemically pure fructose in order to restore normal terms of competition;
Whereas, since chemically pure fructose can compete directly with isoglucose, it is appropriate that the level of the variable component on the former should be aligned with the level of the levy on the latter provided for by Council Regulation (EEC) No 1785/81 of 30 June 1981 on the common organization of the markets in the sugar sector (2), as last amended by Regulation (EEC) No 1069/89 (3);
Whereas the Community has entered into preferential trade arrangements with certain third countries; whereas the variable component should not apply to imports of the said product from the third countries concerned;
Whereas Regulation (EEC) No 3033/80 (4), as amended by Commission Regulation (EEC) No 3743/87 (5), must be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 3033/80 is hereby amended as follows:
1. The following Article is inserted:
'Article 7a
1. With effect from 1 July 1990 and notwithstanding Articles 6 and 7, the variable component charged on imports of products falling within CN code 1702 50 00 shall be equal to the levy referred to in Article 16 (6) of Regulation (EEC) No 1785/81 (*), as last amended by Regulation (EEC) No 1069/89 (**), on imports of products falling within CN codes 1702 30 10, 1702 40 10, 1702 60 10 and 1702 90 30.
2. Paragraph 1 shall not apply to imports of products falling within CN code 1702 50 00 originating in third countries with which the Community has concluded a preferential trade agreement.
(*) OJ No L 177, 1. 7. 1981, p. 4.
(**) OJ No L 114, 27. 4. 1989, p. 1.'
2. The following is added to the Annex:
1.2 // // // 'CN code // Description // // // 1702 50 00 // Chemically pure fructose' // //
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 May 1990.
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Commission Regulation (EC) No 382/2002
of 28 February 2002
fixing the export refunds on milk and milk products
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products(1), as last amended by Regulation (EC) No 1670/2000(2), and in particular Article 31(3) thereof,
Whereas:
(1) Article 31 of Regulation (EC) No 1255/1999 provides that the difference between prices in international trade for the products listed in Article 1 of that Regulation and prices for those products within the Community may be covered by an export refund within the limits resulting from agreements concluded in accordance with Article 300 of the Treaty.
(2) Regulation (EC) No 1255/1999 provides that when the refunds on the products listed in Article 1 of the abovementioned Regulation, exported in the natural state, are being fixed, account must be taken of:
- the existing situation and the future trend with regard to prices and availabilities of milk and milk products on the Community market and prices for milk and milk products in international trade,
- marketing costs and the most favourable transport charges from Community markets to ports or other points of export in the Community, as well as costs incurred in placing the goods on the market of the country of destination,
- the aims of the common organisation of the market in milk and milk products which are to ensure equilibrium and the natural development of prices and trade on this market,
- the limits resulting from agreements concluded in accordance with Article 300 of the Treaty, and
- the need to avoid disturbances on the Community market, and
- the economic aspect of the proposed exports.
(3) Article 31(5) of Regulation (EC) No 1255/1999 provides that when prices within the Community are being determined account should be taken of the ruling prices which are most favourable for exportation, and that when prices in international trade are being determined particular account should be taken of:
(a) prices ruling on third country markets;
(b) the most favourable prices in third countries of destination for third country imports;
(c) producer prices recorded in exporting third countries, account being taken, where appropriate, of subsidies granted by those countries; and
(d) free-at-Community-frontier offer prices.
(4) Article 31(3) of Regulation (EC) No 1255/1999 provides that the world market situation or the specific requirements of certain markets may make it necessary to vary the refund on the products listed in Article 1 of the abovementioned Regulation according to destination.
(5) Article 31(3) of Regulation (EC) No 1255/1999 provides that the list of products on which export refunds are granted and the amount of such refunds should be fixed at least once every four weeks; the amount of the refund may, however, remain at the same level for more than four weeks.
(6) In accordance with Article 16 of Commission Regulation (EC) No 174/1999 of 26 January 1999 on specific detailed rules for the application of Council Regulation (EC) No 804/68 as regards export licences and export refunds on milk and milk products(3), as last amended by Regulation (EC) No 156/2002(4), the refund granted for milk products containing added sugar is equal to the sum of the two components; one is intended to take account of the quantity of milk products and is calculated by multiplying the basic amount by the milk products content in the product concerned; the other is intended to take account of the quantity of added sucrose and is calculated by multiplying the sucrose content of the entire product by the basic amount of the refund valid on the day of exportation for the products listed in Article 1(1)(d) of Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector(5), however, this second component is applied only if the added sucrose has been produced using sugar beet or cane harvested in the Community.
(7) Commission Regulation (EEC) No 896/84(6), as last amended by Regulation (EEC) No 222/88(7), laid down additional provisions concerning the granting of refunds on the change from one milk year to another; those provisions provide for the possibility of varying refunds according to the date of manufacture of the products.
(8) For the calculation of the refund for processed cheese provision must be made where casein or caseinates are added for that quantity not to be taken into account.
(9) It follows from applying the rules set out above to the present situation on the market in milk and in particular to quotations or prices for milk products within the Community and on the world market that the refund should be as set out in the Annex to this Regulation.
(10) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,
HAS ADOPTED THIS REGULATION:
Article 1
The export refunds referred to in Article 31 of Regulation (EC) No 1255/1999 on products exported in the natural state shall be as set out in the Annex.
Article 2
This Regulation shall enter into force on 1 March 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 February 2002.
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COMMISSION REGULATION (EC) No 1812/2006
of 7 December 2006
concerning tenders notified in response to the invitation to tender for the export of barley issued in Regulation (EC) No 935/2006
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 13(3) thereof,
Whereas:
(1)
An invitation to tender for the refund for the export of barley to certain third countries was opened pursuant to Commission Regulation (EC) No 935/2006 (2).
(2)
Article 7 of Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules for the application of Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals (3), and in particular Article 13(3) thereof,
(3)
On the basis of the criteria laid down in Article 1 of Regulation (EC) No 1501/95, a maximum refund should not be fixed.
(4)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
No action shall be taken on the tenders notified from 1 to 7 December 2006 in response to the invitation to tender for the refund for the export of barley issued in Regulation (EC) No 935/2006.
Article 2
This Regulation shall enter into force on 8 December 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 December 2006.
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COMMISSION REGULATION (EC) No 1262/2008
of 16 December 2008
amending Regulation (EC) No 1126/2008 adopting certain international accounting standards in accordance with Regulation (EC) No 1606/2002 of the European Parliament and of the Council as regards International Financial Reporting Interpretations Committee’s (IFRIC) Interpretation 13
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 1606/2002 of the European Parliament and of the Council of 19 July 2002 on the application of international accounting standards (1), and in particular Article 3(1) thereof,
Whereas:
(1)
By Commission Regulation (EC) No 1126/2008 (2) certain international accounting standards and interpretations that were extant at 15 October 2008 were adopted.
(2)
On 5 July 2007, the International Financial Reporting Interpretations Committee (IFRIC) published IFRIC Interpretation 13 customer loyalty programmes, hereinafter ‘IFRIC 13’. IFRIC 13 eliminates the current inconsistencies in practice regarding the accounting treatment of free or discounted goods or services sold under customer loyalty programmes that companies use to award to their customers in form of points, air miles or other credits upon the sale of a good or a service.
(3)
The consultation with the Technical Expert Group (TEG) of the European Financial Reporting Advisory Group (EFRAG) confirms that IFRIC 13 meets the technical criteria for adoption set out in Article 3(2) of Regulation (EC) No 1606/2002. In accordance with Commission Decision 2006/505/EC of 14 July 2006 setting up a Standards Advice Review Group to advise the Commission on the objectivity and neutrality of the European Financial Reporting Advisory Group’s (EFRAG) opinions (3), the Standards Advice Review Group considered EFRAG’s opinion on endorsement and advised the European Commission that it is well balanced and objective.
(4)
Regulation (EC) No 1126/2008 should therefore be amended accordingly.
(5)
The measures provided for in this Regulation are in accordance with the opinion of the Accounting Regulatory Committee,
HAS ADOPTED THIS REGULATION:
Article 1
In the Annex to Regulation (EC) No 1126/2008 International Financial Reporting Interpretations Committee’s (IFRIC) Interpretation 13 customer loyalty programmes is inserted as set out in the Annex to this Regulation.
Article 2
Each company shall apply IFRIC 13, as set out in the Annex to this Regulation, at the latest as from the commencement date of its first financial year starting after 31 December 2008.
Article 3
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 December 2008.
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COMMISSION DECISION of 18 October 1993 accepting an undertaking in connection with the anti-dumping proceeding concerning imports of certain types of electronic micro-circuits known as Eproms (erasable programmable read only memories) originating in Japan
(93/538/EEC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), and in particular Articles 10 and 14 thereof,
After consultations within the Advisory Committee as provided for by the above Regulation (EEC) No 2423/88,
Whereas:
I. Previous investigation (1) The Council, by Regulation (EEC) No 577/91 (2), imposed a definitive anti-dumping duty on imports of certain types of electronic micro-circuits known as Eproms (erasable programmable read only memories) originating in Japan, and the Commission, by Decision 91/131/EEC (3), accepted undertakings offered by certain producing companies in connection with that anti-dumping proceeding.
(2) The undertakings have the effect of ensuring that those producers' Eprom sales prices in the Community do not fall below a certain level which is considered adequate to eliminate to a satisfactory extent the material injury which was caused to the complainant companies by dumped imports of Japanese origin. The prices are adjusted quarterly on the basis of a formula contained in the undertakings and the production costs of all producing companies from which undertakings have been accepted.
II. Product concerned by the proceeding (3) The review investigation covered Eproms as defined in Regulation (EEC) No 577/91.
III. Review investigation (4) In July 1992 the Commission, in accordance with Article 14 of Regulation (EEC) No 2423/88 initiated (4) a partial review of Regulation (EEC) No 577/91 with regard to Eproms produced in Japan under an agreement between Intel Corporation (hereinafter 'Intel') and Nippon Steel Semiconductor (hereinafter 'NPNX') (5) after the companies had provided sufficient evidence that they qualified for the newcomer status.
(5) In the investigation the Commission sought and verified all information it deemed to be necessary for the purposes of this proceeding and carried out an investigation at the premises of the following company in Japan:
- NPNX, Tateyama.
IV. Results of the investigation (6) The investigation showed that Intel and NPNX had concluded their agreement in March 1991 and started commercial production of Eproms in Japan on the basis of that agreement in the first half of 1993, i.e. after the initial period of investigation (from 1 April 1986 to 31 March 1987). It was furthermore established that, under the agreement between Intel and NPNX, the latter's total output was sold to Intel and that Intel had full control of the output of the product concerned.
(7) In addition, the investigation revealed that Intel had not exported any of the Eproms produced under its agreement with NPNX to the Community during the period of investigation in the present review but had the firm intention of doing so once the undertaking it offered to the Commission was accepted.
(8) During the investigation in the present review, Intel informed the Commission that it had concluded an agreement, similar to the agreement between Intel and NPNX, with Sharp Corporation, Japan ('Sharp'). The agreement had been concluded after Intel had submitted its request for review. Sharp is one of the companies from which undertakings in the initial proceeding had been accepted.
Intel submitted detailed information on that agreement, showing that the agreement between Intel and Sharp is similar to the agreement between Intel and NPNX in its provisions concerning technology transfer, control of production and marketing of the product concerned.
(9) Given the nature of the production agreements concluded with NPNX and Sharp, the Commission concluded that Intel could be considered the producer of the products concerned.
(10) With respect to the normal value of Intel's products, it was established, by applying, during the period of investigation, the same methodology as for the other Japanese producers, that it was not lower than the undertaking price.
(11) No new investigation was carried out as regards injury since it was neither requested nor considered appropriate.
V. Undertakings (12) On the basis of the results of the investigation, it is considered appropriate that the offer of an undertaking by Intel along the lines of that of the other Japanese producers should be accepted by the Commission. Indeed, any other decision could be considered discriminatory for either Intel or the other Japanese producers.
(13) The complainants and Intel were informed of the essential facts and considerations, in particular those concerning the calculation of normal value, on the basis of which the Commission intended to accept the undertaking offered by Intel, and they were given every opportunity to comment.
(14) No comment was received in this respect.
(15) Should the undertaking be withdrawn by the producer concerned or should the Commission have reason to believe it has been violated, the Commission could, pursuant to Article 10 (6) of Regulation (EEC) No 2423/88, immediately impose a provisional duty on the basis of the results and conclusions of the investigation carried out in the framework of the proceeding. Subsequently, a definitive duty could also be imposed by the Council on the basis of the information gathered during the investigation.
(16) The Advisory Committee was consulted on the acceptance of the undertaking offered; no objections were raised.
(17) Since the present review relates only to the circumstances of one producer in Japan, the measures contained in Regulation (EEC) No 577/91 referred to above are not being amended or confirmed within the meaning of Article 15 (1) of Regulation (EEC) No 2423/88, and consequently the date on which they were due to expire pursuant to that provision remains unchanged,
HAS DECIDED AS FOLLOWS:
Sole Article
The undertaking offered by Intel Corporation in connection with the anti-dumping proceeding concerning imports of certain types of electronic micro-circuits known as Eproms (erasable programmable read only memories) originating in Japan, is hereby accepted.
This acceptance shall take effect on the date of entry into force of Council Regulation (EEC) No 2860/93 (6).
Done at Brussels, 18 October 1993.
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COMMISSION REGULATION (EC) No 268/2009
of 1 April 2009
amending Regulation (EC) No 264/2009 fixing the import duties in the cereals sector applicable from 1 April 2009
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
Having regard to Commission Regulation (EC) No 1249/96 of 28 June 1996 laying down detailed rules for the application of Council Regulation (EEC) No 1766/92 in respect of import duties in the cereals sector (2), and in particular Article 2(1) thereof,
Whereas:
(1)
The import duties in the cereals sector applicable from 1 April 2009 were fixed by Commission Regulation (EC) No 264/2009 (3).
(2)
As the average of the import duties calculated differs by more than EUR 5/tonne from that fixed, a corresponding adjustment must be made to the import duties fixed by Regulation (EC) No 264/2009.
(3)
Regulation (EC) No 264/2009 should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
Annexes I and II to Regulation (EC) No 264/2009 are hereby replaced by the text in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
It shall apply from 2 April 2009.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 1 April 2009.
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COMMISSION REGULATION (EC) No 751/2005
of 17 May 2005
establishing unit values for the determination of the customs value of certain perishable goods
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (1),
Having regard to Commission Regulation (EEC) No 2454/93 (2) laying down provisions for the implementation of Regulation (EEC) No 2913/92, and in particular Article 173(1) thereof,
Whereas:
(1)
Articles 173 to 177 of Regulation (EEC) No 2454/93 provide that the Commission shall periodically establish unit values for the products referred to in the classification in Annex 26 to that Regulation.
(2)
The result of applying the rules and criteria laid down in the abovementioned Articles to the elements communicated to the Commission in accordance with Article 173(2) of Regulation (EEC) No 2454/93 is that unit values set out in the Annex to this Regulation should be established in regard to the products in question,
HAS ADOPTED THIS REGULATION:
Article 1
The unit values provided for in Article 173(1) of Regulation (EEC) No 2454/93 are hereby established as set out in the table in the Annex hereto.
Article 2
This Regulation shall enter into force on 20 May 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 May 2005.
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COUNCIL REGULATION (EEC) No 3887/89 of 11 December 1989 amending Regulation (EEC) No 2390/89 laying down general rules for the import of wines, grape juice and grape must
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 822/87 of 16 March 1987 on the common organization of the market
in wine (1), as last amended by Regulation (EEC) No 1236/89 (2), and in particular Article 70 (2) thereof,
Having regard to the proposal from the Commission,
Whereas Articles 1 (2) and 2 of Regulation (EEC) No 2390/89 (3) set out the import facilities for wine products originating in third countries which offer specific guarantees through the provision of a certificate of origin and conformity as well as an analysis report; whereas Article 3 (2) of the said Regulation limits the said facilities to a trial period expiring on 31 December 1989; whereas, taking into account the time necessary to examine the implementation of future arrangements, it would be appropriate to extend by seven months the abovementioned period;
Whereas Regulation (EEC) No 2390/89 lays down provisions on certificates of origin and conformity and on the analysis report for imports of wine products; whereas, pursuant to Article 4 (3) of that Regulation, those provisions do not apply to wines referred to as ´Tokaji Aszu' and ´Tokaji Szamorodni';
Whereas Regulation (EEC) No 3677/89 (4) provides for a derogation for wines qualifying for the appellation ´Tokaji'
as regards the total alcoholic strength by volume where they are imported with a view to direct human consumption; whereas all wines imported under the appellation
´Tokaji' should be made subject to Regulation (EEC) No 2390/89,
HAS ADOPTED THIS REGULATION:
Article 1 Regulation (EEC) No 2390/89 is hereby amended as follows:
1. in Article 3 (2) ´31 December 1989' is replaced by ´31 July 1990';
2. Article 4 (3) is replaced by the following:
´3. This Regulation shall not apply to the following liqueur wines:
- Port, Madeira and Setúbal muscatel falling within CN codes ex 2204 21 41, ex 2204 21 51, ex 2204 29 41 and ex 2204 29 51,
- Boberg liqueur wine accompanied by a certificate of designation of origin.'
Article 2 This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 December 1989.
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COMMISSION DECISION of 10 May 1993 concerning a scheme of tax concessions for investment in the Basque country (Only the Spanish text is authentic)
(93/337/EEC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular the first subparagraph of Article 93 (2) thereof,
Having, in accordance with the above Article, given the interested parties notice to submit their observations,
Whereas:
I By letters dated 11 October 1988, 1 February 1989, 25 January 1990, 20 April 1990 and 17 January 1991 from the office of the Permanent Representative of Spain, and in response to the Commission's requests, the Spanish authorities provided the Commission with information on the scheme of tax concessions for investment in the Basque country introduced by Provincial Laws 28/1988 (Álava), 8/1988 (Vizcaya) and 6/1988 (Guipúzcoa).
Before the scheme is described, it should be borne in mind that the tax relationship between the central government and the Basque country is governed by the economic agreement contained in Law 12/1981. Under the agreement, the competent institutions in each of the three Basque provinces may, under certain conditions, maintain, establish and regulate the tax system within their territory, except for customs duties, tax monopolies and the duty on alcohol, which remain the responsibility of the central government.
Under the powers conferred on them by the economic agreement, the competent institutions in the three Basque provinces established, in each province, a common scheme of tax concessions for investment which is described below.
The beneficiaries of the scheme are natural and legal persons carrying on activities in the Basque country in agriculture, livestock farming, fisheries, industry and commerce, with the exception of certain activities.
Only entities operating exclusively in the Basque country, i.e. those which have all their plants there, may apply for the concessions in respect of corporation tax, while only taxpayers who have their ordinary residence in the province in question and carry on an eligible activity entirely in the Basque country may apply for the concessions in respect of personal income tax. These conditions are laid down in the economic agreement.
The economic agreement was subsequently amended, with the result that since 1 January 1991 the Basque rules on corporation tax have applied to (i) entities which exclusively in the Basque country and had a turnover in the previous year exceeding Pta 300 million, (ii) entities with their tax domicile in the Basque country and with a turnover in the previous year not exceeding Pta 300 million, and (iii) entities with their tax domicile in the Basque country which carry out less than 75 % of their operations on the combined territory of the three provinces.
The concessions are:
(a) a rebate of 95 % on the tax on capital transfers and documented legal acts (ITPAJD) in respect of the instruments and contracts relating to eligible investment. Corporate transactions, bills of exchange and the documents which substitute them or are used for transfers are excluded from the scope of the rebate;
(b) with regard to corporation tax (IS):
a tax credit of 20 % in respect of investments located in the province in question, applicable to the balance of the tax due. The balance is obtained by setting off against the total amount of tax payable all possible deductions, including advance deductions, payments in instalments and payments on account. Interest payments, indirect taxes and grants received for the acquisition of the assets are excluded from the basis of calculation of the tax credit;
(c) with regard to personal income tax (IRPF):
a tax credit of 20 % in respect of investments, applicable to the balance of the tax due, as defined at (b). Granting of the tax credit is conditional on the value of the taxpayer's assets at the end of the investment process exceeding the value at the start of the process by an amount at least equivalent to 30 % of the eligible investment. Interest payments, indirect taxes and grants received for the acquisition of the assets are excluded from the basis of calculation of the tax credit;
(d) with regard to both corporation tax and personal income tax:
- total freedom to depreciate the assets constituting the new investments,
- a supplementary tax credit up to 5 % of the investments depending on the employment generated: it amounts to Pta 400 000 per man-year added to the average workforce, but may not exceed 5 % of the investment,
- a supplementary tax credit of 20 % for investments of special technological interest carried out in accordance with Decrees 205/1988 and 207/1988 of the Basque Government.
Eligible investments must be new tangible fixed assets (not land) with a minimum depreciation period of five years that are not subject to the higher rate of VAT and are used for carrying on the abovementioned eligible activities. They must be located in the Basque country, must amount to more than Pta 8 million, must represent at least 25 % of the total book value of the firm's tangible fixed assets of a similar nature (inclusive of depreciation), must be financed from the firm's own resources in respect of at least 30 % of their amount and must result in an increase in the net book value of the tangible fixed assets. The investment process may not last longer than two years.
Decrees 205/1988 and 227/1988 define the investments of special technological interest which confer a right to the abovementioned supplementary tax credit. Decree 205/1988 concerns the agri-food industry and fisheries, with investments of special technological interest in these sectors being defined as those made in the acquisition of tangible fixed assets directly linked to the application of certain techniques such as biotechnology or automation. Decree 227/1988 concerns sectors other than the agri-food industry and fisheries, with investments of special technological interest in these sectors being defined as those made in certain activities such as advanced chemicals, the construction of advanced transportation equipment, electronics, industrial automation, telecommunications, information technology, new materials and energy.
Irrespective of their size and of how they are financed, the investments which firms make in R& D programmes involving new industrial processes, new products or new technologies confer an entitlement to the deductions listed above.
The aid available under this scheme cannot be combined with other existing tax advantages intended for the same investments, except for the job-creation deduction provided for in the Central Government Finance Law, with the exercise of activities covered by the industrial conversion process adopted in Law 27/1984, with the consolidated budgetization arrangements, or with the computation of income under a special arrangement ('estimación objetiva singular').
The system came into force in July 1988. In the provisions of Guipúzcoa and Vizcaya, it applies to investments made since 1 January 1988.
The tax credits in respect of corporation tax and personal income tax will apply during the financial year in which the new investments start to function and for not more than the following four financial years. This time limit may, however, be extended, in respect of business start-ups or investments regarded as being of special technological interest under Decrees 205/1988 and 227/1988, until the first financial year in which, within the prescribed period, positive results are obtained. If, during the period of validity of the aid, the beneficiary ceases to operate exclusively in the Basque country, any grant of aid will be revoked as from the corresponding tax period.
Rebates of tax on capital transfers and documented legal acts will apply for five years from the day following that on which they were granted.
Since the scheme is caught by Article 92 (1) of the EEC Treaty and contains provisions contrary to Article 52, the Commission has decided to initiate the procedure provided for by Article 93 (2).
By letter dated 30 May 1991, it formally invited the Spanish Government to submit its observations. Notice was also given to the other Member States and to interested third parties to submit their observations (1).
II Under the procedure, the Spanish Government submitted its observations by letter dated 15 July 1991. Another Member State, the Basque Government, the Basque Parliament, the governments of two Basque provinces, three Basque chambers of commerce and four Basque trade associations submitted their observations within the time limit. These were communicated to the Spanish Government by letter dated 19 September 1991.
III The aid granted by Spain under this scheme is covered by Article 92 (1) of the EEC Treaty.
Only certain firms are eligible for the concessions in respect of corporation tax and personal income tax, given that these are limited respectively to firms operating exclusively in the Basque country and to taxpayers who, having their ordinary residence in the province in question, exercise the eligible activity exclusively in the Basque country. The new Basque rules on corporation tax, introduced by the amendment to the economic agreement, apply only to certain firms.
A further reason why the aid applies to certain firms only is that the following activities are not eligible: wholesaling, food services, hire of machinery, measuring apparatus, transport equipment, personal services, and recreational and cultural services.
The fact that the beneficiary firms are not specifically identified does not mean that the scheme is not caught by Article 92 since, as in any aid scheme, the firms are identifiable. They have to meet the conditions described above.
The firms to which the Basque aid scheme applies received preferential treatment in that their investments cost them less. Through the application on Basque territory of the various measures concerned, the investments which the firms make in that territory receive preferential tax treatment.
The scheme is likely to distort competition since it strengthens the financial position and scope for action of the beneficiary firms in relation to competitors who do not qualify. Where this occurs in intra-Community trade, the latter is affected by the aid.
In particular, the scheme distorts competition and affects trade between Member States since the beneficiary firms export some of their production to other Member States; similarly, where such firms do not engage in exports, national production receives preferential treatment since the opportunities for firms established in other Member States to export their products to the Spanish market are reduced (2).
The fact that tax concessions are involved does not exclude the aid from the scope of Article 92 since that Article applies to aid 'in any form whatsoever'.
In view of the above, the Basque scheme of tax concessions for investment is caught by Article 92 (1) of the EEC Treaty.
IV The concessions in respect of corporation tax and personal income tax are limited respectively to entities operating exclusively in the Basque country and to taxpayers who, having their ordinary residence in the province in question, carry on the eligible activity exclusively in the Basque country.
As a result, the tax arrangements for this aid conflict with the freedom of establishment provided for in Article 52 of the EEC Treaty. A firm in another Member State wishing to set up a branch, agency or establishment in the Basque country while continuing to carry on its activity in that Member State would not be eligible for the aid; similarly, a Spanish firm established in the Basque country could not extend its activity to another Member State by setting up an establishment there if it wished to remain eligible for the aid in question.
The new Basque rules on corporation tax, laid down in the abovementioned amendment to the economic agreement, which also applies to certain firms only, do not invalidate this point since the freedom of establishment enjoyed by Community firms may not be restricted by their possible inability to qualify for tax concessions on account of the location of their tax domicile or the territorial distribution of their operations.
Consequently, the Commission finds that the tax arrangements applied in the territory of the Basque country include aid, such as that in respect of corporation tax and personal income tax, which is contrary to Article 52 of the EEC Treaty and must therefore be abolished.
However, given the special features of this case and the historical nature of the tax relationship between the central government and the Basque country, provision should be made for a transitional period, to run until the end of 1993, during which the above distortions can be brought to an end, thereby making the tax arrangements in question consistent with Community law.
V Leaving aside the arguments developed in Section IV, the aid can, in any event, be compatible with the common market only if it qualifies for the derogations provided for in Article 92 of the EEC Treaty.
Given the nature and objectives of the scheme, the derogations provided for in Article 92 (2) do not apply in this particular case.
Pursuant to Article 92 (3) (a), aid to promote the economic development of areas where the standard of living is abnormally low or where there is serious underemployment may be considered to be compatible with the common market. The Commission takes the view that this derogation applies to NUTS (3) level II regions whose per capita gross domestic product (GDP), measured in terms of purchasing power standards (PPS), does not exceed 75 % of the Community average (4). The fact is that the Basque country is a NUTS level II region whose per capita GDP, measured in terms of PPS, does, however, exceed the 75 % threshold, being equal to 89 % of the Community average (average figure for the years 1986 to 1990). Consequently, the derogation in Article 92 (3) (a) does not apply in this particular case.
As regards the derogations referred to in Article 92 (3) (b), it is plain that the scheme in question is not intended to promote the execution of an important project of common European interest or to remedy a serious disturbance in the Spanish economy. The Spanish Government, moreover, has not relied on such arguments to justify the scheme.
Pursuant to Article 92 (3) (c), aid to facilitate the development of certain economic activities or of certain economic areas, where such aid does not adversely affect trading conditions to an extent contrary to the common interest, may be considered to be compatible with the common market.
Since the aid in question relates to investment, this derogation can apply only if the scheme is confined to the areas and ceilings for national regional aid or meets the conditions laid down in the Community guidelines on State aid for small and medium-sized enterprises (SMEs) (5). At present this is not the case, if only because the scheme covers the entire Basque country and the Commission has not authorized regional aid to be granted throughout that territory and because the conditions set out in the guidelines on aid to SMEs have not been met. In addition, for this derogation to apply, the granting of aid would have to meet the Community rules on the cumulation of aid for different purposes and comply with the limits laid down in certain sectors of activity in industry, agriculture and fisheries,
HAS ADOPTED THIS DECISION:
Article 1
1. The tax concessions for investments in the Basque country introduced by Provincial Laws 28/1988 (Álava), 8/1988 (Vizcaya) and 6/1988 (Guipúzcoa) and by Decrees 205/1988 and 227/1988 of the Basque Government are, as regards the measures relating to corporation tax and personal income tax, incompatible with the common market for the purposes of Article 92 (1) of the EEC Treaty since they are granted in accordance with procedures which infringe Article 52 of the Treaty.
2. Spain shall modify the tax arrangements referred to in paragraph 1 so as to eliminate the distortions with regard to Article 52 of the EEC Treaty not later than 31 December 1993. After that date, no aid may be granted while those distortions have not been completely abolished.
3. Should Spain fail to fulfil the obligations arising out of paragraph 2, any aid granted after 31 December 1993 shall be incompatible with the common market and shall be discontinued, with the sums paid over being recovered.
4. Within two months of the notification of this decision, the Spanish authorities shall ensure that the aid is granted within the national regional aid areas and ceilings or in accordance with the conditions laid down in the Community guidelines on State aid for small and medium-sized enterprises, in compliance with the Community rules on the cumulation of aid for different purposes and with the limits laid down for certain sectors of activity in industry, agriculture and fisheries.
Article 2
Spain shall inform the Commission, not later than 31 January 1994, of the measures taken to comply with this decision.
Article 3
This Decision is addressed to the Kingdom of Spain.
Done at Brussels, 10 May 1993.
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COMMISSION DIRECTIVE 1999/18/EC
of 18 March 1999
adapting to technical progress Council Directive 76/762/EEC relating to front fog lamps for motor vehicles and filament lamps for such lamps
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers(1), as last amended by Directive 98/91/EC of the European Parliament and of the Council(2), and in particular Article 13(2) thereof,
Having regard to Council Directive 76/762/EEC of 27 June 1976 on the approximation of the laws of the Member States relating to front fog lamps for motor vehicles and filament lamps for such lamps(3), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 10 thereof,
(1) Whereas Directive 76/762/EEC is one of the separate Directives of the EC type-approval procedure which has been established by Directive 70/156/EEC; whereas, consequently, the provisions laid down in Directive 70/156/EEC relating to vehicle systems, components and separate technical units apply to Directive 76/762/EEC;
(2) Whereas, in particular, Article 3(4) and Article 4(3) of Directive 70/156/EEC require each separate Directive to have attached to it an information document and also a type-approval certificate based on Annex VI to Directive 70/156/EEC in order that type-approval may be computerised; whereas the type-approval certificate provided for in Directive 76/762/EEC should be amended accordingly;
(3) Whereas the procedures should be simplified in order to maintain the equivalence envisaged by Article 9(2) of Directive 70/156/EEC between certain separate Directives and the corresponding regulations of the United Nations' Economic Commission for Europe (UN-ECE), when those regulations are amended; whereas, as a first step, the technical requirements of Directive 76/762/EEC should be replaced by those of UN-ECE Regulation No 19 by way of cross-reference;
(4) Whereas it is necessary to ensure that the requirements in Council Directive 76/756/EEC(4), as last amended by Commission Directive 97/28/EC(5), and in Council Directive 76/761/EEC(6), as last amended by Commission Directive 1999/17/EC(7), are complied with;
(5) Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee for Adaptation to Technical Progress established by Directive 70/156/EEC,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Directive 76/762/EEC is amended as follows:
1. The title is replaced by the following:
"on the approximation of the laws of the Member States relating to front fog lamps for motor vehicles."
2. In Article 1, paragraph 1 is replaced by the following:
"1. Each Member State shall grant EC component type-approval for any type of rear fog lamp which satisfies the construction and testing requirements laid down in the relevant Annexes."
3. In Article 2, the first paragraph is replaced by the following:
"Member States shall, for each type of front fog lamp which they approve pursuant to Article 1, issue to the manufacturer an EC component type-approval mark conforming to the model shown in Annex I, Appendix 3."
4. Article 4 is replaced by the following:
"Article 4
The competent authorities of the Member States shall inform each other, by means of the procedures specified in Article 4 (6) of Directive 70/156/EEC, of each approval which they have granted, refused or withdrawn pursuant to this Directive."
5. Article 9 is replaced by the following:
"Article 9
For the purposes of this Directive, 'vehicle' means any motor vehicle intended for use on the road, with or without bodywork, having at least four wheels and a maximum design speed exceeding 25 km/h, and its trailers, with the exception of vehicles which run on rails and of agricultural and forestry tractors and all mobile machinery."
6. The Annexes are replaced by the text in the Annex to this Directive.
Article 2
1. From 1 October 1999, or, if the publication of the texts referred to in Article 3 is delayed beyond 1 April 1999, six months after the actual date of publication of these texts, Member States may not, on grounds relating to front fog lamps:
- refuse, in respect of a type of vehicle or a type of front fog lamp, to grant EC type-approval or national type-approval, or
- prohibit the registration, sale or entry into service of vehicles, or the sale or entry into service of front fog lamps,
provided that the front fog lamps comply with the requirements of Directive 76/762/EEC, as amended by this Directive, and that, as far as vehicles are concerned, they are installed in accordance with the requirements laid down in Directive 76/756/EEC.
2. From 1 April 2000 Member States:
- shall no longer grant EC type-approval, and
- may refuse to grant national type-approval
for any type of vehicle on grounds relating to front fog lamps, and for any type of front fog lamp, if the requirements of Directive 76/762/EEC, as amended by this Directive, are not fulfilled.
3. From 1 April 2001 the requirements of Directive 76/762/EEC relating to front fog lamps as components, as amended by this Directive, shall be applicable for the purposes of Article 7(2) of Directive 70/156/EEC.
4. Notwithstanding paragraphs 2 and 3, for the purposes of replacement parts Member States shall continue to grant EC type-approval of front fog lamps, and to permit their sale and entry into service, in accordance with previous versions of Directive 76/762/EEC provided that such front fog lamps
- are intended to be fitted to vehicles already in use, and
- comply with the requirements of that Directive which were applicable when the vehicles where first registered.
Article 3
The paragraphs and annexes of UN-ECE Regulation No 19 referred to in point 1 of Annex II, shall be published in the Official Journal of the European Communities before 1 April 1999.
Article 4
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 October 1999; however, if the publication of the texts referred to in Article 3 is delayed beyond 1 April 1999, the Member States shall comply with this obligation six months after the actual date of publication of these texts. They shall forthwith inform the Commission thereof.
They shall apply those provisions from 1 October 1999, or, if the publication of the texts referred to in Article 3 is delayed beyond 1 April 1999, six months after the actual date of publication of those texts.
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
2. Member States shall communicate to the Commission the texts of the main 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.
Article 6
This Directive is addressed to the Member States.
Done at Brussels, 18 March 1999.
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DIRECTIVE 97/54/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 September 1997 amending, as regards the maximum design speed of wheeled agricultural or forestry tractors, Council Directives 74/150/EEC, 74/151/EEC, 74/152/EEC, 74/346/EEC, 74/347/EEC, 75/321/EEC, 75/322/EEC, 76/432/EEC, 76/763/EEC, 77/311/EEC, 77/537/EEC, 78/764/EEC, 78/933/EEC, 79/532/EEC, 79/533/EEC, 80/720/EEC, 86/297/EEC, 86/415/EEC and 89/173/EEC
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 100a thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the Economic and Social Committee (2),
Acting in accordance with the procedure laid down in Article 189b of the Treaty (3),
Whereas the scope of Council Directive 74/150/EEC of 4 March 1974 on the approximation of the laws of the Member States relating to the type-approval of wheeled agricultural or forestry tractors (4), is currently limited to tractors which have a maximum design speed of between 6 and 30 km/h;
Whereas the maximum design speed of a large number of tractors today exceeds 30 km/h; whereas it has therefore become necessary to amend Directive 74/150/EEC and the separate directives forming part of the European whole-vehicle type-approval system applying to these vehicles, so as to avoid having the procedure apply to fewer and fewer vehicles;
Whereas separate Directives 74/151/EEC (5), 74/152/EEC (6), 74/346/EEC (7), 74/347/EEC (8), 75/321/EEC (9), 75/322/EEC (10), 76/432/EEC (11), 76/763/EEC (12), 77/311/EEC (13), 77/537/EEC (14), 78/764/EEC (15), 78/933/EEC (16), 79/532/EEC (17), 79/533/EEC (18), 80/720/EEC (19), 86/297/EEC (20), 86/415/EEC (21) and 89/173/EEC (22), contain a specific definition of their scope in relation to maximum design speed; whereas these Directives also need to be amended under the procedure laid down in Article 12 of Directive 74/150/EEC, so as to avoid having them apply to fewer and fewer vehicles;
Whereas an appropriate increase in the design speed is from 30 to 40 km/h;
Whereas an increase in the maximum design speed used to define the scope of Directive 74/150/EEC and certain individual directives requires also a change to Council Directive 76/432/EEC of 6 April 1976 on the approximation of the laws of the Member States relating to the braking devices of wheeled agricultural or forestry tractors (23); whereas this change, which is made in a separate act, must enter into force no later than this Directive;
Whereas it is necessary to improve and harmonize all safety aspects such as the installation of safety belts;
Whereas pollution from tractors should be the subject of future Community legislation,
HAVE ADOPTED THIS DIRECTIVE:
Article 1
The words '30 km/h` shall be replaced by '40 km/h`:
- in Article 1 (2) of Directives 74/150/EEC, 74/151/EEC, 74/152/EEC, 74/346/EEC, 74/347/EEC, 75/321/EEC, 75/322/EEC, 76/432/EEC, 76/763/EEC, 77/311/EEC, 77/537/EEC, 78/933/EEC, 79/532/EEC, 79/533/EEC, 80/720/EEC, 86/297/EEC, 86/415/EEC and 89/173/EEC,
- in Article 9 (2) of Directive 78/764/EEC, and
- point 1.5 in the Annex to Directive 74/152/EEC.
Article 2
Member States shall adopt and publish the measures necessary to comply with this Directive before 23 September 1998. They shall forthwith inform the Commission thereof. They shall apply the measures from 23 September 1998.
When Member States adopt these measures, they shall contain a reference to this Directive, or be accompanied by such a reference when they are officially published. The form of the reference shall be decided by the Member States.
Article 3
This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Communities.
Article 4
This Directive is addressed to the Member States.
Done at Brussels, 23 September 1997.
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*****
COMMISSION DECISION
of 21 December 1984
authorizing the Italian Republic to extend intra-Community surveillance in respect of imports of bananas originating in certain third countries and put into free circulation in the other Member States
(Only the Italian text is authentic)
(85/100/EEC)
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 115 thereof,
Whereas the Commission, by Decision 84/22/EEC (1), authorized the Italian Republic to introduce until 31 December 1984 intra-Community surveillance in respect of imports of bananas falling within subheading 08.01 B of the Common Customs Tariff, originating in certain third countries other than ACP States (2), and put into free circulation in the other Member States;
Whereas on 5 December 1984 the Italian Government submitted a request to the Commission for authorization to maintain such surveillance until 31 December 1985;
Whereas the Italian Government points out that the circumstances which led the Commission to adopt Decision 84/22/EEC persist, namely: the need to ensure the effectiveness of the commercial policy measures which the Italian Republic has to implement in respect of imports of bananas originating in certain third countries other than ACP States in order to fulfill the requirements of Protocol 4 to the Lomé Convention;
Whereas, nevertheless, taking into account the data already supplied to the Commission, some additional information is required regarding access and advantages on the Italian market for exports of bananas originating in ACP States, particularly Somalia, which is a traditional supplier of that market; whereas, with regard to Somalia in particular, information should be made available on its production capacity and its export forecasts, as well as the effect of imports in free circulation on its exports;
Whereas, in these circumstances, authorization should be given to the Italian Republic to extend the intra-Community surveillance of imports of the products in question until 30 June 1985, without prejudice to a review of the situation in the light of the conclusions to be drawn from the information requested from the Italian Government,
HAS ADOPTED THIS DECISION:
Article 1
The period of validity of Decision 84/22/EEC is hereby extended to 30 June 1985 without prejudice to a review of the situation.
Article 2
This Decision is addressed to the Italian Republic.
Done at Brussels, 21 December 1984.
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COUNCIL REGULATION (EEC) No 3625/82 of 21 December 1982 on the application of Decision No 1/82 of the EEC-Iceland Joint Committee amending, in relation to heading No 84.59, List A annexed to Protocol 3 concerning the definition of the concept of "originating products" and methods of administrative cooperation
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas the Agreement between the European Economic Community and the Republic of Iceland [1] was signed on 22 July 1972 and entered into force on 1 April 1973;
[1] OJ No L 301, 31.12.1972, p. 2.
Whereas by virtue of Article 28 of Protocol 3 concerning the definition of the concept of "originating products" and methods of administrative cooperation, which forms an integral part of the Agreement, the Joint Committee has adopted Decision No 1/82 amending, in relation to heading No 84.59, List A annexed to that Protocol;
Whereas this Decision shall be applied in the Community,
HAS ADOPTED THIS REGULATION:
Article 1
For the application of the Agreement between the European Economic Community and the Republic of Iceland, Joint Committee Decision No 1/82 shall apply in the Community.
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 December 1982.
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COMMISSION REGULATION (EC) No 2683/1999
of 17 December 1999
amending Regulation (EC) No 1524/98 laying down detailed rules for the application of the specific measures adopted in respect of fruit and vegetables, plants and flowers for the benefit of the French overseas departments and determining the forecast supply balance for 2000
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 3763/91 of 16 December 1991 on introducing specific measures in respect of certain agricultural products for the benefit of the French overseas departments(1), as last amended by Regulation (EC) No 1257/1999(2), and in particular Article 2(6) thereof,
Whereas:
(1) Common detailed rules for implementing the specific measures for the supply of certain agricultural products to the French overseas departments are laid down in Commission Regulation (EEC) No 131/92(3), as last amended by Regulation (EC) No 1736/96(4) and the additional detailed rules for applying the arrangements for the supply of processed fruit and vegetables and the forecast balance determining the quantities eligible for the specific supply arrangements for the period 1 July to 31 December 1999 are laid down in Commission Regulation (EC) No 1524/98(5), as last amended by Regulation (EC) No 1124/1999(6).
(2) The quantities of products eligible for the specific supply balance are determined by means of forecast balances established periodically and subject to revision on the basis of essential market requirements in the French overseas departments and taking account of local production and traditional trade flows. A forecast supply balance for 2000 is accordingly established in the Annex hereto.
(3) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Products Processed from Fruit and Vegetables,
HAS ADOPTED THIS REGULATION:
Article 1
Part A of Annex I to Regulation (EC) No 1524/98 is replaced by the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Communities.
It shall apply from 1 January 2000.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 December 1999.
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COMMISSION REGULATION (EC) No 541/2007
of 16 May 2007
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables (1), and in particular Article 4(1) thereof,
Whereas:
(1)
Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.
(2)
In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 17 May 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 May 2007.
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COUNCIL REGULATION (EC) No 2471/96 of 20 December 1996 amending Regulation (EC) No 789/96 opening and providing for the administration of autonomous Community tariff quotas for certain fishery products (1996)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community and, in particular, Article 28 thereof,
Having regard to the proposal from the Commission,
Whereas, by Regulation (EC) No 789/96 (1), the Council opened, for 1996, Community tariff quotas for certain fishery products; whereas the volume of the quota for cod (Order No 09.2753) should be increased,
HAS ADOPTED THIS REGULATION:
Article 1
In Regulation (EC) No 789/96, the table shown in the Annex shall be replaced, for Order No 09.2753, by the table shown in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 December 1996.
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COUNCIL DECISION of 16 March 1992 on the conclusion of a Protocol on financial and technical cooperation between the European Economic Community and the People's Democratic Republic of Algeria (92/206/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 238 thereof,
Having regard to the recommendation from the Commission,
Having regard to the assent of the European Parliament (1),
Whereas the Protocol on financial and technical cooperation between the European Economic Community and the People's Democratic Republic of Algeria should be approved,
HAS DECIDED AS FOLLOWS:
Article 1
The Protocol on financial and technical cooperation between the European Economic Community and the People's Democratic Republic of Algeria is hereby approved on behalf of the Community.
The text of the Protocol is attached to this Decision.
Article 2
The President of the Council shall give the notification provided for in Article 22 (1) of the Protocol (2).
Article 3
This Decision shall take effect on the day following its publication in the Official Journal of the European Communities.
Done at Brussels, 16 March 1992.
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*****
COMMISSION DECISION
of 20 January 1989
terminating the anti-dumping proceeding concerning imports of certain seamless tubes of iron or non-alloy steel originating in Austria
(89/56/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), and in particular Article 9 thereof,
After consultation within the Advisory Committee, as provided for under the above Regulation,
Whereas:
A. Procedure
(1) In July 1987 the Commission received a complaint lodged by the Liaison Committee of the European Community Steel Tube Industry on behalf of manufacturers representing the majority of the Community production of the products in question.
(2) The complaint contained evidence of dumping and of injury caused thereby which was considered sufficient to justify the initiation of the abovementioned proceeding.
The Commission accordingly announced, by notice published in the Official Journal of the European Communities (2), the initiation of an anti-dumping proceeding concerning imports into the Community of certain seamless tubes of iron or non-alloy steel falling within CN codes 7304 39 10, 7304 39 51, 7304 39 59, 7304 39 91 and 7304 31 99.
(3) The Commission officially advised the producers/exporters and importers known to be concerned and the complainant and gave the parties directly concerned the opportunity to make known their views in writing and to request a hearing.
(4) The Austrian producer/exporter made its views known in writing and requested a hearing which was granted.
(5) No submissions were made on behalf of Community buyers of the product in question.
(6) The Commission sought and verified all information it deemed to be necessary for the purposes of establishing the facts and carried out inspections at the premises of the following:
(a) EEC producers:
- Mannesmannroehren-Werke AG, Duesseldorf, Germany,
- Société Vallourec, Paris, France,
- British Steel Corporation, Wolverhampton, United Kingdom;
(b) Non-EEC producer/exporter:
- Voest-Alpine Stahlrohr Kindberg GmbH, Kindberg, Austria;
(c) EEC importer (related):
- Voest-Alpine GmbH, Munich, Germany.
(7) The investigation of dumping and price undercutting covered the period from 1 January to 31 December 1987.
B. Dumping
(a) Normal value
(8) Sales of the like product on the Austrian market by Voest-Alpine had been at a loss throughout the investigation period and did not permit recovery of all costs reasonably allocated. The Commission therefore decided in accordance with Article 2B (4) of Council Regulation (EEC) No 2423/88 to adjust the sub-production-cost prices in order to eliminate the loss and provide for a reasonable profit. On this basis normal values have been established for the most representative categories and dimensions of commercial seamless tubes sold on the Austrian market and exported to the Community.
(b) Export prices
(9) Exports to Germany were made through Voest-Alpine, GmbH, Munich, a 100 % subsidiary of Voest-Alpine AG, Linz, acting as sole importer for Germany. The Commission therefore reconstructed the export price for the German market on the basis of the resale prices of Voest-Alpine, GmbH to independent buyers in Germany allowing for all costs incurred between importation and resale including a reasonable amount for overheads and profit.
All other export prices to the Community were determined on the basis of the price actually paid or payable for the products sold for export to the Community.
(c) Comparison
(10) In comparing normal value with export prices, the Commission took account, where appropriate, of differences affecting price comparability, such as discounts and quantity rebates, commissions, credit terms, transport and insurance, handling, packing and related costs. Due allowance for such differences was made where claims in these areas could be satisfactorily substantiated.
(11) All comparisons were made at an ex works level.
(d) Dumping margins
(12) The examination of the facts showed the existence of dumping, the margins of dumping being equal to the amount by which the normal values as established exceeded the price for export to the Community.
(13) These margins vary according to the type and dimension of the products concerned and the Member State to which the product was exported, the weighted average being 11,2 %.
C. Material injury
(14) With regard to injury caused by the dumped imports the Commission had to consider that only plain commercial seamless tubes excluding higher quality types and precision tubes were subject to the proceeding and to evaluate the impact of the imports from Austria on this market segment and the related production in the Community. For this purpose the Commission excluded from the investigation those export sales to the Community for which the Austrian producer/exporter could show that they had been accompanied by special works certificates guaranteeing particular chemical and mechanical properties of these products which is normally not the case in trade with standard seamless tubes of commercial quality. On this basis the investigation revealed that imports into the Community of the products concerned originating in Austria only started in 1986 with 86 tonnes and increased to 5 960 tonnes in 1987. Their share of the Community market of commercial seamless tubes increased from practically zero in 1986 to slightly less than 1 % in 1987. The impact of these imports concentrated mainly in Germany, where their share increased from 0,5 % in 1986 to 1,9 % in 1987, in France and in Italy where their part starting from zero in 1986 reached 1,7 % and 0,4 % respectively.
(15) The evidence also available to the Commission indicated that the Austrian producer/exporter being a newcomer to the Community market had based its resale prices in the Community on the list prices of Community producers, granting, however, rebates in excess of those generally available for the Community product. On this basis the Commission found that the effective resale prices of the Austrian product undercut those of Community producers during the investigation period between 4 and 11 %, according to the type and dimension of the product and the Member State involved.
(16) In assessing the impact the exports in question had on the production in the Community the Commission considered in particular the evolution of demand and the volume of imports from other sources.
It was established according to the evidence made available to the Commission that consumption of commercial seamless tubes in the Community had fallen continuously from 720 000 tonnes in 1985 to 684 000 tonnes in 1986 and 612 000 tonnes in 1987, a decline of 108 000 tonnes in the two-year period representing a contraction of the Community market of 15 %.
Despite the depressed market situation in the Community imports from other third countries increased form 80 200 tonnes in 1986 to 91 800 tonnes during the investigation period, extending their market share from 11,7 to 15,0 %.
(17) The continuing decline of demand and increased imports from third countries led to heavy cuts of production and increasing excess capacity in the Community. Production was run down from 1 178 000 tonnes in 1985 to 1 097 000 tonnes in 1986 and reached only 927 000 tonnes in 1987. Over the whole period the loss of output amounted to 251 000 tonnes, a decrease of 21,3 %. The heavy downturn of the markets led to several plant closures in Germany, France and the United Kingdom combined with substantial shedding of capacities and loss of employment.
(18) Following the rapid decline in demand, prices of commercial seamless tubes have fallen considerably since 1985. None of the Community producers investigated was able to cover full costs and all of them suffered severe financial losses.
(19) The Commission considered all these factors. However, in the light of the relatively small quantities of dumped imports from Austria, representing a market share in the Community of less than 1 %, compared to the overriding impact of the other factors, in particular the heavy decline in demand, the Commission came to the conclusion that the injurious effects of the imports under consideration taken in isolation cannot be qualified as constituting material injury.
D. Threat of injury
(20) The Commission has also considered whether it would be likely, if no anti-dumping measures were applied, that the dumped imports would increase further to an extent that material injury would be caused to the Community industry. In this connection it was established that the plant of the sole Austrian producer is laid out for the production of seamless oil-field tubing not subject to the proceeding and which is mainly exported to non-EEC countries. The production of commercial seamless tubes is only taken up occasionally with a limited capacity attributed depending on the order volume for oil-field tubes. In view of the total disposable capacities and the positive outlook for oil-field tube exports by the Austrian producer to non-EEC countries which are likely to absorb the full production capacity, the Commission concludes that there is no particular threat of injury likely to develop into material injury.
E. Termination of the anti-dumping
proceeding
(21) In these circumstances, therefore, the anti-dumping proceeding should be terminated without the imposition of protective measures.
(22) No objections to this course were raised in the Advisory Committee.
(23) The complainant was informed of the essential facts and considerations on the basis of which the Commission intended to terminate the proceeding,
HAS DECIDED AS FOLLOWS:
Sole Article
The anti-dumping proceeding concerning imports of certain seamless tubes of iron or non-alloy steel corresponding to CN codes 7304 39 10, 7304 39 51, 7304 39 59, 7304 39 91 and 7304 31 99 originating in Austria is hereby terminated.
Done at Brussels, 20 January 1989.
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COMMISSION REGULATION (EC) No 590/2006
of 12 April 2006
amending Annex II to Regulation (EC) No 998/2003 of the European Parliament and of the Council as regards the list of countries and territories
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 998/2003 of the European Parliament and of the Council of 26 May 2003 on the animal health requirements applicable to the non-commercial movement of pet animals and amending Council Directive 92/65/EEC (1), and in particular Articles 10 and 21 thereof,
Whereas:
(1)
Regulation (EC) No 998/2003 lays down a list of third countries and territories from which movement of pet animals to the Community may be authorised, provided that certain requirements are met.
(2)
A provisional list of third countries was established by Regulation (EC) No 998/2003, as amended by Commission Regulation (EC) No 592/2004 (2).
(3)
That provisional list, which has already been amended several times, includes third countries and territories which are free of rabies and third countries and territories in respect of which the risk of rabies entering the Community as a result of movements from those third countries and territories has been found to be no higher than the risk associated with movements between Member States.
(4)
From information supplied by Bosnia and Herzegovina and Bulgaria, it appears that the risk of rabies entering the Community as a result of movements of pet animals from these countries has been found to be no higher than the risk associated with movements between Member States or from third countries already listed in Regulation (EC) No 998/2003. Therefore those third countries should be included in the provisional list of third countries and territories set out in part C of Annex II to Regulation (EC) No 998/2003.
(5)
In the interest of clarity the list of countries and territories set out in Regulation (EC) No 998/2003 should be replaced in its entirety.
(6)
Regulation (EC) No 998/2003 should therefore be amended accordingly.
(7)
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS REGULATION:
Article 1
Annex II to Regulation (EC) No 998/2003 is replaced by the text in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 12 April 2006.
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COMMISSION REGULATION (EEC) No 3045/90 of 23 October 1990 reimposing the levying of customs duties applicable to third countries on certain products originating in Yugoslavia
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Cooperation Agreement between the European Economic Community and the Socialist Federal Republic of Yugoslavia (1), and in particular Protocol No 1 thereto,
Having regard to Article 1 of Council Regulation (EEC) No 3606/89 of 20 November 1989 establishing ceilings and Community supervision for imports of certain products originating in Yugoslavia (1990) (2);
Whereas the abovementioned Protocol No 1 and Article 15 of the Cooperation Agreement provide that the products listed in the Annex are imported exempt of Customs duty into the Community, subject to the ceilings shown, above which the Customs duties applicable to third countries may be reestablished;
Whereas imports into the Commnity of those products, originating in Yugoslavia, have reached those ceilings; Whereas the situation on the Community market requires that customs duties applicable to third countries on the products in question be reimposed,
HAS ADOPTED THIS REGULATION:
Article 1
From 27 October to 31 December 1990, the levying of customs duties applicable to third countries shall be reimposed on imports into the Community of the products listed in the Annex, originating in Yugoslavia.
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 October 1990.
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Commission Regulation (EC) No 965/2003
of 5 June 2003
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables(1), as last amended by Regulation (EC) No 1947/2002(2), and in particular Article 4(1) thereof,
Whereas:
(1) Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.
(2) In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 6 June 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 5 June 2003.
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Commission Regulation (EC) No 1271/2002
of 12 July 2002
fixing the actual production of olive oil and the unit amount of the production aid for the marketing year 2000/01
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common organisation of the market in oils and fats(1), as last amended by Regulation (EC) No 1513/2001(2),
Having regard to Council Regulation (EEC) No 2261/84 of 17 July 1984 laying down general rules on the granting of aid for the production of olive oil and of aid to olive oil producer organisations(3), as last amended by Regulation (EC) No 1639/98(4), and in particular Article 17a(2) thereof,
Whereas:
(1) Article 5 of Regulation No 136/66/EEC provides that the unit production aid must be reduced in each Member State where actual production exceeds the guaranteed national quantity referred to in paragraph 3 of that Article. With a view to assessing the extent of the overrun in Spain, France, Greece, Italy and Portugal, account should be taken of the estimates for the production of table olives processed into olive oil, expressed as olive oil equivalent using the relevant coefficients in Commission Decisions 2001/650/EC(5), 2001/649/EC(6), 2001/670/EC(7), 2001/648/EC(8) and 2001/658/EC(9).
(2) Article 17a of Regulation (EEC) No 2261/84 provides that, in order to determine the unit amount of the production aid for olive oil that can be paid in advance, the estimated production for the marketing year concerned should be determined. That amount must be fixed at a level that rules out any risk of undue payment to olive growers. The amount also applies to table olives, expressed as olive-oil equivalent. For the marketing year 2001/02, the estimated production and the unit amount of the production aid that can be paid in advance were fixed in Commission Regulation (EC) No 1980/2001(10).
(3) Pursuant to Article 17a(2) of Regulation (EEC) No 2261/84, the actual production for which entitlement to aid is recognised must be determined no later than eight months after the end of the marketing year. To that end, in accordance with Article 14(4) of Commission Regulation (EC) No 2366/98(11), as last amended by Regulation (EC) No 2070/2001(12), the individual Member States concerned must inform the Commission by no later than 15 May following each marketing year of the quantity on which the aid is payable in that Member State. According to that information, the quantity on which the aid is payable for the marketing year 2000/01 is 540864 tonnes for Italy, 2247 tonnes for France, 479066 tonnes for Greece, 1074970 tonnes for Spain and 25444 tonnes for Portugal.
(4) Confirmation by the Member States that aid is payable on those quantities implies that the controls referred to in Regulations (EEC) No 2261/84 and (EC) No 2366/98 have been carried out. However, fixing actual production on the basis of information from the Member States on the quantities on which aid is payable does not prejudge the conclusions that may be drawn from verification of the accuracy of that information under the accounts clearance procedure.
(5) Taking account of the actual production figures, the unit amount of the production aid provided for in the second indent of Article 17a(2) of Regulation (EEC) No 2261/84 payable on the eligible quantities of actual production should also be fixed.
(6) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Oils and Fats,
HAS ADOPTED THIS REGULATION:
Article 1
1. For the marketing year 2000/01, the actual production to be used to calculate the aid for olive oil as referred to in the first indent of Article 17a(2) of Regulation (EEC) No 2261/84 shall be:
TABLE
2. For the marketing year 2000/01, the unit amount of the production aid referred to in the second indent of Article 17a(2) of Regulation (EEC) No 2261/84 payable on the eligible quantities of actual production shall be:
TABLE
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 12 July 2002.
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Commission Regulation (EC) No 536/2004
of 23 March 2004
determining the extent to which applications lodged in March 2004 for import licences for certain poultrymeat products under the regime provided for in Council Regulation (EC) No 774/94 opening and providing for the administration of certain Community tariff quotas for poultrymeat and certain other agricultural products can be accepted
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 1431/94 of 22 June 1994, laying down detailed rules for the application in the poultrymeat sector of the import arrangements provided for in Council Regulation (EC) No 774/94 opening and providing for the administration of certain Community tariff quotas for poultrymeat and certain other agricultural products(1), as last amended by Regulation (EC) No 1043/2001(2), and in particular Article 4(4) thereof,
Whereas:
The applications for import licences lodged for April 2004 are greater than the quantities available and must therefore be reduced by a fixed percentage to ensure a fair distribution,
HAS ADOPTED THIS REGULATION:
Article 1
1. Applications for import licences for the period 1 to 30 April 2004 submitted under Regulation (EC) No 1431/94 shall be met as referred to in the Annex to this Regulation.
2. Applications for import licences for the period 1 May to 30 June 2004 may be lodged pursuant to Regulation (EC) No 1431/94 for the total quantity as referred to in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on 1 April 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 March 2004.
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COMMISSION REGULATION (EC) No 1063/1999
of 21 May 1999
fixing the compensatory aid for bananas produced and marketed in the Community in 1998, the time limit for payment of the balance of the aid and the unit value of the advances for 1999
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 404/93 of 13 February 1993 on the common organisation of the market in bananas(1), as last amended by Regulation (EC) No 1637/98(2), and in particular Articles 12(6) and 14 thereof,
(1) Whereas Commission Regulation (EEC) No 1858/93(3), as last amended by Regulation (EC) No 1062/1999(4), lays down detailed rules for applying Regulation (EEC) No 404/93 as regards the aid scheme to compensate for loss of income from marketing in the banana sector;
(2) Whereas, pursuant to Article 12 of Regulation (EEC) No 404/93, the compensatory aid is calculated on the basis of the difference between the flat-rate reference income and the average production income from bananas produced and marketed in the Community during the year in question; whereas supplementary aid is granted in one or more producer regions where average income from production is significantly lower than the average for the Community;
(3) Whereas Article 2(2) of Regulation (EEC) No 1858/93 fixes the flat-rate reference income at EUR 62,25 per 100 kilograms net weight of green bananas ex-packing shed for the aid to be calculated in respect of 1998;
(4) Whereas the prices for bananas produced and marketed in the Community in 1998 were such that the average price for delivery at the first port of unloading in the rest of the Community, less the average costs of transport and delivery fob, is less than the flat-rate reference income fixed for 1998; whereas the compensatory aid to be granted in respect of 1998 should be fixed accordingly;
(5) Whereas the annual average production income from the marketing of bananas produced in Portugal has proved to be significantly lower than the Community average during 1998; whereas, as a result, supplementary aid should be granted to the producer regions in Portugal pursuant to Article 12(6) of Regulation (EEC) No 404/93; whereas, in accordance with the Commission's undertaking when the Council adopted decisions concerning various agricultural products for the 1998/99 marketing year, that supplementary aid must cover 75 % of the difference between the average income recorded in those regions and the average for the Community;
(6) Whereas the Commission also undertook to increase the unit value of the advances on the compensatory aid to be granted in respect of 1998; whereas the unit value of the advances to be granted on the compensatory aid for 1999 should also be adapted, in view of the undertkaing to review the flat-rate reference income when the compensatory aid is fixed for bananas marketed from 1999 on;
(7) Whereas, given the lack of all the data necessary, it has not hitherto been possible to determine the compensatory aid for 1998; whereas provision should be made for the balance of the aid to be paid within two months of the publication of this Regulation; whereas, in view of the latter points, provision should be made for this Regulation to enter into force on the day following its publication;
(8) Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Bananas,
HAS ADOPTED THIS REGULATION:
Article 1
1. The compensatory aid provided for in Article 12 of Regulation (EEC) No 404/93 for fresh bananas falling within CN code ex0803, excluding plantains, produced and marketed in the Community in 1998 shall be equal to EUR 24,42 per 100 kilograms.
2. The aid fixed in paragraph 1 shall be increased by EUR 3,19 per 100 kilograms for bananas produced in producer regions in Portugal.
Article 2
Notwithstanding Article 4(2) of Regulation (EEC) No 1858/93, the unit value of advances for bananas marketed from January to October 1999 shall be equal to EUR 18,34 per 100 kilograms. The relevant security shall be EUR 9,17 per 100 kilograms.
Article 3
Notwithstanding Article 10 of Regulation (EEC) No 1858/93, the competent authorities of the Member States shall pay the balance of the compensatory aid to be granted in respect of 1998 within two months of the entry into force of this Regulation.
Article 4
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 May 1999.
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COMMISSION DECISION of 27 May 1981 amending Decision 80/804/EEC concerning animal health conditions and veterinary certification for the importation of fresh meat from Canada (81/441/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine animals and swine and fresh meat from third countries (1), as last amended by the Act of Accession of Greece, and in particular Article 16 thereof,
Whereas Commission Decision 80/804/EEC (2) laid down conditions as to animal health and veterinary certification for the importation of fresh meat from Canada;
Whereas it is possible, without risk of spread of disease, to accept meat of domestic solipeds where such animals have spent part of the residency period in a nieghbouring country if that country is on the list of countries referred to in Council Decision 79/542/EEC (3) in respect of meat of domestic solipeds;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
Part IV of the Animal Health Certificate contained in the Annex to Decision 80/804/EEC is hereby replaced by the following: PIC FILE= "T
(1) OJ No L 302, 31.12.1972, p. 28. (2) OJ No L 236, 9.9.1980, p. 25. (3) OJ No L 146, 14.6.1979, p. 15.
Article 2
This Decision shall apply with effect from 1 June 1981.
Article 3
This Decision is addressed to the Member States.
Done at Brussels, 27 May 1981.
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Commission Decision
of 23 November 2001
amending Decision 97/365/EC drawing up provisional lists of third country establishments from which Member States authorise imports of meat products
(notified under document number C(2001) 3701)
(Text with EEA relevance)
(2001/826/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Decision 95/408/EEC on 22 June 1995 on the conditions for drawing up, for an interim period, provisional lists of third country establishments from which Member States are authorised to import certain products of animal origin, fishery products or live bi-valve molluscs(1), as last amended by Council Decision 2001/4/EC(2) and in particular Article 2(1) thereof,
Whereas:
(1) Commission Decision 97/222/EC(3) draws up a list of third countries from which the Member States authorise imports of meat products.
(2) For the countries on that list the animal health and veterinary certification requirements for importation of meat products have been laid down in Commission Decision 97/221/EC(4).
(3) Provisional lists of third country establishments from which the Member States authorise imports of products prepared from meat of bovine animals, swine, equidae and sheep and goats have been drawn up by Commission Decision 97/365/EC(5).
(4) The Commission has carried out a mission to Lithuania to inspect meat product establishments and recommended approval of certain establishments from which Member States may authorise imports of meat products into the Community, provided certain guarantees were received from the competent authority of Lithuania.
(5) The Commission has received from Lithuania a list of meat product establishments, with guarantees that they fully meet the appropriate Community health requirements and that should an establishment fail to do so, its export activities to the European Community would be suspended.
(6) A provisional list of establishments producing meat products may be drawn up in respect of Lithuania.
(7) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
The text in the Annex to this Decision is added in the Annex to Commission Decision 97/365/EC.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 23 November 2001.
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*****
COMMISSION REGULATION (EEC) No 2064/89
of 10 July 1989
re-establishing the levying of customs duties on men's knitted or crocheted suits and ensembles, products of category No 75 (order No 40.0750), originating in China, to which the preferential tariff arrangements of Council Regulation (EEC) No 4259/88 apply
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 4259/88 of 19 December 1988 applying generalized tariff preferences for 1989 to textile products originating in developing countries (1), and in particular Article 13 thereof,
Whereas Article 11 of Regulation (EEC) No 4259/88 provides that preferential tariff treatment shall be accorded, for each category of products subjected in Annexes I and II thereto to individual ceilings, within the limits of the quantities specified in column 8 of Annex I and column 7 of Annex II, in respect of certain or each of the countries or territories of origin referred to in column 5 of the same Annexes;
Whereas Article 12 of the abovementioned Regulation provides that the levying of customs duties may be re-established at any time in respect of import of the products in question once the relevant individual ceilings have been reached at Community level;
Whereas, in respect of men's knitted or crocheted suits and ensembles, products of category No 75 (order No 40.0750), the relevant ceiling amounts to 2 000 pieces;
Whereas on 23 June 1989 imports of the products in question into the Community, originating in China, a country covered by preferential tariff arrangements, reached and were charged against that ceiling;
Whereas it is appropriate to re-establish the levying of customs duties for the products in question with regard to China,
HAS ADOPTED THIS REGULATION:
Article 1
As from 15 July 1989, the levying of customs duties, suspended pursuant to Regulation (EEC) No 4259/88, shall be re-established in respect of the following products, imported into the Community and originating in China:
1.2.3.4 // // // // // Order No // Category (Unit) // CN code // Description // // // // // // // // // 40.0750 // 75 (1 000 pieces) // 6103 11 00 6103 12 00 6103 19 00 6103 21 00 6103 22 00 6103 23 00 6103 29 00 // Men's or boys' knitted or crocheted suits and ensembles, of wool, cotton or man-made fibres, excluding ski-suits // // // //
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, 10 July 1989.
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Commission Regulation (EC) No 2206/2002
of 12 December 2002
prohibiting fishing for common sole by vessels flying the flag of Denmark
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy(1), as last amended by Regulation (EC) No 2846/98(2), and in particular Article 21(3) thereof,
Whereas:
(1) Council Regulation (EC) No 2555/2001 of 18 December 2001 fixing for 2002 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(3), lays down quotas for common sole for 2002.
(2) In order to ensure compliance with the provisions relating to the quantity limits on catches of stocks subject to quotas, the Commission must fix the date by which catches made by vessels flying the flag of a Member State are deemed to have exhausted the quota allocated.
(3) According to the information received by the Commission, catches of common sole in the waters of the Skagerrak and Kattegat, ICES divisions IIIb, c and d (EC waters) by vessels flying the flag of Denmark or registered in Denmark have exhausted the quota allocated for 2002. Denmark has prohibited fishing for this stock from 20 November 2002. This date should be adopted in this Regulation also,
HAS ADOPTED THIS REGULATION:
Article 1
Catches of common sole in the waters of the Skagerrak and Kattegat, ICES divisions IIIb, c and d (EC waters) by vessels flying the flag of Denmark or registered in Denmark are hereby deemed to have exhausted the quota allocated to Denmark for 2002.
Fishing for common sole in the waters of the Skagerrak and Kattegat, ICES divisions IIIb, c and d (EC waters) by vessels flying the flag of Denmark or registered in Denmark is hereby prohibited, as are the retention on board, transhipment and landing of this stock caught by the above vessels after the date of application of this Regulation.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It shall apply from 20 November 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 12 December 2002.
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COMMISSION DECISION of 20 December 1993 concerning the grant of assistance from the cohesion financial instrument to the following project in Ireland: Ballyjamesduff regional water supply scheme (stage 1) No CF: 93/07/61/041 (Only the English text is authentic) (94/428/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 792/93 of 30 March 1993 establishing a cohesion financial instrument (1), and in particular Article 8 (6) thereof,
Whereas Article 1 of Regulation (EEC) No 792/93 establishes a cohesion financial instrument to provide Community support for projects in the fields of the environment and trans-European transport infrastructure networks;
Whereas pursuant to Article 9 of Regulation (EEC) No 792/93 certain provisions of Titles VI and VII of Council Regulation (EEC) No 4253/88 of 19 December 1988 concerning the provisions for implementing Regulation (EEC) No 2052/88 as regards coordination of the activities of the different Structural Funds between themselves and with the operations of the European Investment Bank and the other existing financial instruments (2), as amended by Regulation (EEC) No 2082/93 (3), are to apply, mutatis mutandis;
Whereas Article 2 of Regulation (EEC) No 792/93 defines the types of measures for which the cohesion financial instrument may provide assistance;
Whereas Article 10 of Regulation (EEC) No 792/93 requires the Member States to ensure that adequate publicity is given to the operations of the financial instrument and that measures which are described in Annex V to this Decision are undertaken;
Whereas references to 'project' shall be understood to mean also 'stage of project';
Whereas on 2 September 1993 Ireland has submitted an application for assistance from the cohesion financial instrument for the Ballyjamesduff regional water supply scheme (stage 1) project;
Whereas that application concerns a project which is eligible under the terms of Article 2 of Regulation (EEC) No 792/93;
Whereas the application for assistance contains all the information required by Article 8 (4) of Regulation (EEC) No 792/93 and satisfies the criteria set out in Article 8 (3) and (5) of that Regulation;
Whereas the project will help achieve the objectives of Article 130r of the Treaty concerning the environment;
Whereas the project is the result of measures taken in accordance with Article 130s of the Treaty;
Whereas Article 1 of the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities (4), as last amended by Council Regulation (Euratom ECSC, EEC) No 610/90 (5), states that the legal commitments entered into for measures extending over more than one financial year shall contain a time limit for implementation which must be specified to the recipient in due form when the aid is granted;
Whereas pursuant to Article 9 of Regulation (EEC) No 792/93, the Commission and the Member State will ensure that there is evaluation and systematic monitoring of the project;
Whereas the financial implementation provisions, monitoring and assessment are specified in Annexes III and IV to this Decision;
Whereas failure to comply with those provisions may result in suspension or reduction of the assistance granted pursuant to Article 9 (3) of Regulation (EEC) No 792/93;
Whereas all the other conditions laid down have been complied with,
HAS ADOPTED THIS DECISION:
Article 1
1. The stage of the Ballyjamesduff regional water supply scheme (stage 1) project situated in Ireland as described in Annex I hereto is hereby approved for the period 1 January 1993 to 31 March 1994.
2. References to 'project' in the following Articles and Annexes shall be understood to mean also 'stage of project'.
Article 2
1. The maximum eligible expenditure to be taken as the basis for this Decision shall be ECU 1 230 000.
2. The rate of Community assistance granted to the project shall be fixed at 85 %.
3. The maximum amount of the contribution from the cohesion financial instrument shall be fixed at ECU 1 045 500.
4. The contribution is committed from the 1993 budget.
Article 3
1. Community assistance shall be based on the financial plan for the project set out in Annex II.
2. Commitments and payments of Community assistance granted to the project shall be made in accordance with Article 9 of Regulation (EEC) No 792/93 and as specified in Annex III.
3. The amount of the first advance payment shall be fixed at ECU 60 775.
Article 4
1. Community assistance shall cover expenditure on the project for which legally binding arrangements have been made in Ireland and for which the requisite finance has been specifically allocated to works to be completed not later than 31 March 1994.
2. Expenditure incurred before 1 January 1993 shall not be eligible for assistance.
3. The closing date for the completion of national payments on the project is fixed not later than 12 months after the date mentioned in subparagraph 1.
Article 5
1. The project shall be carried out in accordance with Community policies, and in particular with Articles 7, 30, 52 and 59 of the Treaty, as well as with Community law, in particular with the Directives coordinating public procurement procedures.
2. This Decision shall not prejudice the right of the Commission to commence infringement proceedings pursuant to Article 169 of the Treaty.
Article 6
Systematic monitoring and assessment of the project take place in accordance with the provisions set out in Annex IV hereto.
Article 7
The Member State concerned shall ensure adequate publicity for the project as specified in Annex V.
Article 8
Each Annex to this Decision shall form an integral part of it.
Article 9
Failure to comply with the provisions of this Decision or its Annexes may entail a reduction or suspension of assistance in accordance with the provisions set out in Annex VI.
Article 10
This Decision is addressed to Ireland.
Done at Brussels, 20 December 1993.
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*****
COMMISSION REGULATION (EEC) No 926/84
of 4 April 1984
re-establishing the levying of customs duties on other sheep and lamb skin leather, falling within subheading 41.03 B II and originating in Pakistan, to which the preferential tariff arrangements set out in Council Regulation (EEC) No 3569/83 apply
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3569/83 of 16 December 1983 applying generalized tariff preferences for 1984 in respect of certain industrial products originating in developing countries (1), and in particular Article 13 thereof,
Whereas, pursuant to Articles 1 and 10 of that Regulation, suspension of customs duties shall be accorded to each of the countries or territories listed in Annex C, other than those listed in column 4 of Annex A, within the framework of the preferential tariff ceiling fixed in column 9 of Annex A; whereas, as provided for in Article 11 of that Regulation, as soon as the individual ceilings in question are reached at Community level, the levying of customs duties on imports of the products in question originating in each of the countries and territories concerned may at any time be re-established;
Whereas, in the case of other sheep and lamb skin leather falling within subheading 41.03 B II, the individual ceiling was fixed at 1 641 200 ECU; whereas, on 3 April 1984, imports of these products into the Community, originating in Pakistan, reached that ceiling after being charged thereagainst;
Whereas, it is appropriate to re-establish the levying of customs duties in respect of the products in question against Pakistan,
HAS ADOPTED THIS REGULATION:
Article 1
As from 8 April 1984, the levying of customs duties, suspended pursuant to Council Regulation (EEC) No 3569/83, shall be re-established on imports into the Community of the following products originating in Pakistan:
1.2 // // // CCT heading No // Description // // // 41.03 (NIMEXE code 41.03-99) // Sheep and lamb skin leather, except leather falling within heading No 41.06 or 41.08: B. Other II. Other // //
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 4 April 1984.
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COMMISSION DECISION
of 2 April 2009
allowing Member States to extend provisional authorisations granted for the new active substances topramezone, sulfuryl fluoride and zucchini yellow mosaic virus - weak strain
(notified under document number C(2009) 2348)
(Text with EEA relevance)
(2009/311/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), and in particular the fourth subparagraph of Article 8(1) thereof,
Whereas:
(1)
In accordance with Article 6(2) of Directive 91/414/EEC, in May 2003 France received an application from BASF AG, for the inclusion of the active substance topramezone in Annex I to Directive 91/414/EEC. Commission Decision 2003/850/EC (2) confirmed that the dossier was complete and could be considered as satisfying, in principle, the data and information requirements of Annex II and Annex III to that Directive.
(2)
In July 2002 the United Kingdom received an application from Dow AgroSciences Ltd concerning sulfuryl fluoride. Commission Decision 2003/305/EC (3) confirmed that the dossier was complete and could be considered as satisfying, in principle, the data and information requirements of Annex II and Annex III to that Directive.
(3)
In March 2005 the United Kingdom received an application from Central Science Laboratory concerning zucchini yellow mosaic virus - weak strain. Commission Decision 2006/586/EC (4) confirmed that the dossier was complete and could be considered as satisfying, in principle, the data and information requirements of Annex II and Annex III to that Directive.
(4)
Confirmation of the completeness of the dossiers was necessary in order to allow them to be examined in detail and to allow Member States the possibility of granting provisional authorisations, for periods of up to three years, for plant protection products containing the active substances concerned, while complying with the conditions laid down in Article 8(1) of Directive 91/414/EEC and, in particular, the condition relating to the detailed assessment of the active substances and the plant protection product in the light of the requirements laid down by that Directive.
(5)
For these active substances, the effects on human health and the environment have been assessed, in accordance with the provisions of Article 6(2) and (4) of Directive 91/414/EEC, for the uses proposed by the applicants. The rapporteur Member State submitted the draft assessment reports to the Commission on 21 July 2006 (topramezone), on 29 October 2004 (sulfuryl fluoride) and on 30 June 2006 (zucchini yellow mosaic virus - weak strain).
(6)
Following submission of the draft assessment report by the rapporteur Member State, it has been found to be necessary to request further information from the applicant and to have the rapporteur Member State examine that information and submit its assessment. Therefore, the examination of the dossier is still ongoing and it will not be possible to complete the evaluation within the timeframe provided for in Directive 91/414/EEC.
(7)
As the evaluation so far has not identified any reason for immediate concern, Member States should be given the possibility of prolonging provisional authorisations granted for plant protection products containing the active substance concerned for a period of 24 months in accordance with the provisions of Article 8 of Directive 91/414/EEC so as to enable the examination of the dossiers to continue. It is expected that the evaluation and decision-making process with respect to a decision on possible Annex I inclusion for topramezone, sulfuryl fluoride and zucchini yellow mosaic virus - weak strain will have been completed within 24 months.
(8)
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
Article 1
Member States may extend provisional authorisations for plant protection products containing topramezone, sulfuryl fluoride and zucchini yellow mosaic virus - weak strain for a period not exceeding 24 months from the date of adoption of this Decision.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 2 April 2009.
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Commission Regulation (EC) No 739/2004
of 21 April 2004
adjusting the total quantities referred to in Article 3 of Council Regulation (EEC) No 3950/92 establishing an additional levy in the milk and milk products sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 3950/92 of 28 December 1992 establishing an additional levy in the milk and milk products sector(1), and in particular Articles 3(2) and 4(2) thereof,
Whereas:
(1) Article 3(2) of Regulation (EEC) No 3950/92 provides that the guaranteed total quantities for Finland may be increased to compensate "SLOM" producers, up to a maximum of 200000 tonnes. In accordance with Article 6 of Commission Regulation (EC) No 671/95 of 29 March 1995 on the assignment of specific reference quantities to certain producers of milk and milk products in Austria and Finland(2), Finland has notified the quantities concerned for the 2003/2004 marketing year.
(2) Article 4(2) of Regulation (EEC) No 3950/92 provides that the individual reference quantities are increased or established at the duly justified request of producers to take account of changes affecting their deliveries and/or direct sales and that the increase or establishment of such a reference quantity is subject to a corresponding reduction or cancellation of the other reference quantity the producer owns.
(3) These adjustments may not lead to an increase, for the Member State concerned, in the sum of the deliveries and direct sales referred to in Article 3 of Regulation (EEC) No 3950/92. Where the individual reference quantities undergo a definitive change, the quantities referred to in Article 3 are adjusted accordingly.
(4) In accordance with Article 15(1)(c) of Commission Regulation (EC) No 1392/2001 of 9 July 2001 laying down detailed rules for applying Council Regulation (EEC) No 3950/92 establishing an additional levy on milk and milk products(3), Belgium, Denmark, Germany, Spain, France, Ireland, Italy, the Netherlands, Austria, Portugal, Finland and the United Kingdom have notified quantities which have undergone a definitive change in accordance with the second subparagraph of Article 4(2) of Regulation (EEC) No 3950/92.
(5) The total quantities applicable for the period from 1 April 2003 to 31 March 2004 laid down in point (c) of the Annex to Regulation (EEC) No 3950/92 should therefore be adjusted.
(6) Regulation (EEC) No 3950/92 should be amended accordingly.
(7) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,
HAS ADOPTED THIS REGULATION:
Article 1
The Annex to Regulation (EEC) No 3950/92 is hereby amended in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 April 2004.
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POLITICAL AND SECURITY COMMITTEE DECISION EUPM/1/2005
of 4 March 2005
on the setting-up of the Committee of Contributors for the European Union Police Mission (EUPM) in Bosnia and Herzegovina
(2005/229/EC)
THE POLITICAL AND SECURITY COMMITTEE,
Having regard to the Treaty on European Union, and in particular Article 25, third paragraph, thereof,
Having regard to Council Joint Action 2002/210/CFSP of 11 March 2002 on the European Union Police Mission (EUPM) in Bosnia and Herzegovina (1), and in particular Article 8(4) thereof,
Whereas:
(1)
Under Article 8(4) of Joint Action 2002/210/CFSP, the Council authorised the Political and Security Committee (PSC) to take the relevant decisions on the setting up of a Committee of Contributors for the European Union Police Mission (EUPM) in Bosnia and Herzegovina.
(2)
The European Council Conclusions of Göteborg of 15 and 16 June 2001 established guiding principles and modalities for third States’ contributions to Police Missions. The Council approved ‘Consultations and modalities for the contribution of non-EU States to EU civilian crisis management operations’ on 10 December 2002 (2), which further developed the arrangements for the participation of third States in civilian crisis management operations, including the setting-up of a Committee of Contributors.
(3)
The Committee of Contributors will play a key role in the day-to-day management of the mission; the Committee will be the main forum for discussing all problems relating to the day-to-day management of the mission; the Political and Security Committee, which exercises the political control and strategic direction of the mission, will take account of the views expressed by the Committee of Contributors,
HAS DECIDED AS FOLLOWS:
Article 1
Establishment
A Committee of Contributors for the European Union Police Mission (EUPM) in Bosnia and Herzegovina (hereafter called the CoC) is hereby established.
Article 2
Functions
1. The CoC may express views, which will be taken into account by the Political and Security Committee, which exercises the political control and the strategic direction of the mission.
2. The terms of reference of the CoC are laid down in the ‘Consultations and modalities for the contribution of non-EU States to EU civilian crisis management operations’.
Article 3
Composition
1. All EU Member States are entitled to be present at the CoC discussions but only contributing States will take part in the day-to-day management of the mission. Representatives of the third States participating in the mission may attend CoC meetings. A representative of the European Commission may also attend CoC meetings.
2. The CoC will receive regular information from the Police Head of Mission.
Article 4
Chair
For this mission, in conformity with the abovementioned document on Consultations and Modalities, the CoC will be chaired by a representative of the Secretary-General/High Representative, in close consultation with the Presidency.
Article 5
Meetings
1. The CoC shall be convened by the Chair on a regular basis. Where circumstances require, emergency meetings may be convened on the Chair’s initiative, or at the request of a representative of a participating State.
2. The Chair shall circulate in advance a provisional agenda and documents relating to the meeting. The Chairman shall be responsible for conveying the outcome of the Committee’s discussions to the Political and Security Committee.
Article 6
Confidentiality
1. The Council Security Regulations shall apply to the meetings and proceedings of the CoC. In particular, representatives in the CoC shall possess adequate security clearance.
2. The deliberations of the CoC shall be covered by the obligation of professional secrecy.
Article 7
Entry into force
This Decision shall enter into force on the day of its adoption.
Done at Brussels, 4 March 2005.
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Commission Regulation (EC) No 1003/2003
of 12 June 2003
fixing the maximum export refund for white sugar to certain third countries for the 32nd partial invitation to tender issued within the framework of the standing invitation to tender provided for in Regulation (EC) No 1331/2002
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector(1), as amended by Commission Regulation (EC) No 680/2002(2), and in particular Article 27(5) thereof,
Whereas:
(1) Commission Regulation (EC) No 1331/2002 of 23 July 2002 on a standing invitation to tender to determine levies and/or refunds on exports of white sugar(3), as amended by Regulation (EC) No 432/2003(4), for the 2002/2003 marketing year, requires partial invitations to tender to be issued for the export of this sugar to certain third countries.
(2) Pursuant to Article 9(1) of Regulation (EC) No 1331/2002 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 and world markets in sugar, for the partial invitation to tender in question.
(3) Following an examination of the tenders submitted in response to the 32nd partial invitation to tender, the provisions set out in Article 1 should be adopted.
(4) 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
For the 32nd partial invitation to tender for white sugar issued pursuant to Regulation (EC) No 1331/2002 the maximum amount of the export refund to certain third countries is fixed at 50,989 EUR/100 kg.
Article 2
This Regulation shall enter into force on 13 June 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 12 June 2003.
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COMMISSION REGULATION (EC) No 1592/94 of 30 June 1994 laying down detailed rules for the application in the pigmeat sector of Council Regulation (EEC) No 3834/90 reducing for the period 1 July to 31 December 1994 the levies on certain agricultural products originating in developing countries
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 3834/90 of 20 December 1990 extending to 1991 the levies on certain agricultural products originating in developing countries (1), as last amended by Regulation (EC) No 3668/93 (2), for in particular Article 3 thereof,
Having regard to Council Regulation (EEC) No 2759/75 of 29 October 1975 on the common organization of the market in pigmeat (3), as last amended by Regulation (EEC) No 1249/89 (4), and in particular Article 22 thereof,
Whereas Regulation (EEC) No 3834/90 introduces arrangements for reducing import levies on certain products in the pigmeat, eggs, poultry and cereals sectors; whereas Regulation (EC) No 3668/93 has extended for the period 1 January to 30 June 1994 the application of Regulation (EEC) No 3834/90; whereas, since on 15 June 1994 the Council did not adopt the new scheme of generalized tariff preferences, the application of Council Regulation (EC) No 3668/93 is automatically extended until 31 December 1994; whereas it is accordingly necessary to adopt implementing rules for the period 1 July to 31 December 1994. whereas detailed rules for the application for the period 1 July to 31 December 1994 should be adopted as regards products in the pigmeat sector with a view to administering the fixed amounts concerned; whereas those detailed rules are either supplementary to or derogate from Commission Regulation (EEC) No 3719/88 of 16 November 1988 laying down common detailed rules for the application of the system of import for export licences for advance fixing certificates for agricultural products (5), as last amended by Regulation (EC) No 3519/93 (6);
Whereas, in order to ensure proper administration of the fixed amounts, a security should be required for applications for import licences and certain conditions be laid down as regards applications for licences in particular restricting the number of operators who can request licences taking into account the limited amounts of products available within the context of this system; whereas the fixed amounts should be staggered over the year and the procedure for lodging licences as well as their duration of validity should be specified; whereas, however, licences must not be valid beyond 31 December 1994;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Pigmeat,
HAS ADOPTED THIS REGULATION:
Article 1
All imports into the Community in the framework of Regulation (EEC) No 3834/90 of products covered by order Nos 59.0010, 59.0040, 59.0060, 59.0070 and 59.0080 provided in the Annex to the said Regulation shall be subject to the presentation of an import licence.
Article 2
The fixed amounts corresponding to order numbers 59.0010, 59.0040, 59.0060, 59.0070 and 59.0080 shall be staggered over the year as follows:
- 50 % in the period 1 July to 30 September 1994,
- 50 % in the period 1 October to 31 December 1994.
Article 3
In order to qualify under the import arrangements provided import for in Regulation (EEC) No 3834/90 the following rules shall apply:
(a) applicants for import licences must be natural or legal persons who, at the time applications are submitted, must prove to the satisfaction of the competent authorities in the Member States that they have been active in trade with third countries in products in the pigmeat sector for at least the preceding 12 months. However, retail establishments or restaurants selling their products to final consumers are excluded from the benefits of this regime;
(b) the licence application may only comprise one order No 59.0010, 59.0040, 59.0060, 59.0070 or 59.0080 provided for in the Annex to Regulation (EEC) No 3834/90. The application may comprise different products covered by different CN codes and originating in one developing country. In such cases, all the CN codes are indicated in Section 16 and their designation in Section 15.
However, every applicant may lodge not more than two applications for import licences for products covered by a single order number, if these products originate in two developing countries. The two applications, one each for a single country of origin, should be submitted to the competent authority of a Member State. They shall be considered, as regards the maximum envisaged in the third subparagraph as well as the application of the rule contained in Article 4 (2), as a single application.
A licence application must relate at least to one tonne and at most to 25 % of the quantity available for the order number concerned, with the exception of order Nos 59.0060 and 59.0080 for which the maximum shall be 50 %, for the period as specified in
Article 2
in respect of which a licence application is lodged;
(c) Section 8 of licence applications and licences shall show the country of origin; licences shall carry with them an obligation to import from the country indicated;
(d) Section 20 of licence applications and licences shall show one of the following:
Producto SPG, Reglamento (CE) no 1592/94,
GPO-produkt, forordning (EF) nr. 1592/94,
APS-Erzeugnis, Verordnung (EG) Nr. 1592/94,
Proion SPG, Kanonismos (EK) arith. 1592/94,
SGP-Product, Regulation (EC) No 1592/94,
Produit SPG, règlement (CE) no 1592/94,
Prodotto SPG, regolamento (CE) n. 1592/94,
APS-produkt, Verordening (EG) nr. 1592/94,
Produto SPG, regulamento (CE) nº 1592/94;
(e) Section 24 of licences shall show one of the following:
Exacción reguladora reducida en un 50 %,
Nedsaettelse af importafgiften med 50 %,
Ermaessigung der Abschoepfung um 50 %,
Meiomeni eisfora kata 50 %,
Levy reduced by 50 %,
Prélèvement réduit de 50 %,
Prelievo ridotto del 50 %,
Met 50 % verlaagde heffing,
Direito nivelador reduzido de 50 %.
Article 4
1. Licence applications may only be lodged during the first 10 days of each period as specified in Article 2.
2. Licence applications shall only be admissible where the applicant declares in writing that he has not submitted and undertakes not to submit any other applications, in respect of the current period, concerning products corresponding to the same order number in the Member State in which his application is lodged or in other Member States; where the same interesed party submits applications relating to products with the same serial number, all applications from that person shall be inadmissible.
3. The Member States shall notify the Commission on the third working day following the end of the application submission period of applications lodged for each of the products covered by the order numbers in question. Such notification shall comprise a list of applicants and quantities applied for under each order number as well as of the countries of origin. All notifications, including notifications of nil applications, shall be made by telex or telecopy on the working day stipulated, drawn up on the model found at Annex I in the case where no request is made, and drawn up on the models found at Annexes I and II in the case where requests have been made.
4. The Commission shall decide as soon as possible to what extent quantities may be awarded in respect of applications as referred to in Article 3.
If quantities in respect of which licences have been applied for exceed the quantities available, the Commission shall fix a single percentage of acceptance in quantities applied for.
If the overall quantity for which applications have been submitted is less than the quantity available, the Commission shall calculate the quantity remaining which shall be added to the quantity available in respect of the following period.
5. Licences are issued as soon as possible after the decision is taken by the Commission.
6. Licences issued shall be valid throughout the Community.
Article 5
Pursuant to Article 21 (2) of Regulation (EEC) No 3719/88, import licences shall be valid for 90 days from the date of actual issue.
However, licences may not be valid after 31 December of the year of issue.
Import licences issued pursuant to this Regulation shall not be transferable.
Article 6
A security of ECU 30 per 100 kilograms shall be lodged for import licence applications for all products referred to in Article 1.
Article 7
Without prejudice to the provisions of this Regulation, Regulation (EEC) No 3719/88 shall apply.
However, notwithstanding Article 8 (4) of that Regulation, the quantity imported in the framework of Regulation (EEC) No 3834/90 may not exceed that indicated in Sections 17 and 18 of import licences. The figure 0 shall be entered to that effect in Section 19 of licences.
Article 8
This Regulation shall enter into force on 1 July 1994.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 June 1994.
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Commission Regulation (EC) No 1340/2000
of 26 June 2000
establishing the forecast balance for the supply of certain vegetable oils to the Canary Islands
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1601/92 of 15 June 1992 concerning specific measures for the Canary Islands with regard to certain agricultural products(1), as last amended by Regulation (EC) No 1257/1999(2), and in particular Article 3(4) thereof,
Whereas:
(1) Pursuant to Article 2 of Regulation (EEC) No 1601/92, the forecast balance for the supply of certain vegetable oils to the Canary Islands for the 2000/2001 marketing year should be established.
(2) These balances are established on the basis of the justified requirements of consumption or the processing industry, communicated by the competent national authorities.
(3) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Oils and Fats,
HAS ADOPTED THIS REGULATION:
Article 1
The quantities of the forecast supply balance for the Canary Islands for certain vegetable oils for the 2000/2001 marketing year which qualify for exemption from customs duties on import or which benefit from the aid for supply from the rest of the Community shall be as follows:
TABLE
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It shall apply with effect from 1 July 2000.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 June 2000.
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COMMISSION REGULATION (EC) No 1789/2004
of 15 October 2004
fixing the maximum aid for cream, butter and concentrated butter for the 150th individual invitation to tender under the standing invitation to tender provided for in Regulation (EC) No 2571/97
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1), and in particular Article 10 thereof,
Whereas:
(1)
The intervention agencies are, pursuant to Commission Regulation (EC) No 2571/97 of 15 December 1997 on the sale of butter at reduced prices and the granting of aid for cream, butter and concentrated butter for use in the manufacture of pastry products, ice cream and other foodstuffs (2), to sell by invitation to tender certain quantities of butter of intervention stocks that they hold and to grant aid for cream, butter and concentrated butter. Article 18 of that Regulation stipulates that in the light of the tenders received in response to each individual invitation to tender a minimum selling price shall be fixed for butter and maximum aid shall be fixed for cream, butter and concentrated butter. It is further stipulated that the price or aid may vary according to the intended use of the butter, its fat content and the incorporation procedure, and that a decision may also be taken to make no award in response to the tenders submitted. The amount(s) of the processing securities must be fixed accordingly.
(2)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,
HAS ADOPTED THIS REGULATION:
Article 1
The maximum aid and processing securities applying for the 150th individual invitation to tender, under the standing invitation to tender provided for in Regulation (EC) No 2571/97, shall be fixed as indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 16 October 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 15 October 2004.
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COUNCIL REGULATION (EC) No 3011/95 of 19 December 1995 amending Regulation (EEC) No 823/87 laying down special provisions relating to quality wines produced in specific regions
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof,
Having regard to the Act of Accession of Spain and Portugal, and in particular Article 129 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Whereas reference should be made to the Agreement between the United Kingdom and the Kingdom of Spain and related statements and Article 18 of the Directive on the harmonization of the structures of excise duties on alcohol and alcoholic beverages (1), and in particular the first subparagraph of paragraph (ii) thereof;
Whereas Article 129 of the Act of Accession permits the use of the composite terms 'British Sherry', 'Irish Sherry' and 'Cyprus Sherry' on the territory of the United Kingdom and Ireland until 31 December 1995;
Whereas correct information to consumers, including in advertising, and adequate protection of the legitimate interests of wine producers of specified regions should be provided; whereas Regulation (EEC) No 823/87 (2) should accordingly be amended,
HAS ADOPTED THIS REGULATION:
Article 1
In Article 15 (5) of Regulation (EEC) No 823/87 the first subparagraph is hereby amended as follows:
(a) in the introductory phrase the terms 'the description and presentation' shall be replaced by 'the description, presentation and advertising';
(b) the first indent shall be replaced by the following:
'- the name of a specific region as referred to in Article 3 included on the list drawn up pursuant to the third subparagraph of Article 1,`.
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
It shall apply from 1 January 1996.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 December 1995.
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Council Decision
of 7 November 2000
appointing a Luxembourg member and two alternate members of the Committee of the Regions
(2000/703/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,
Having regard to the Council Decision of 26 January 1998(1) appointing the members and alternate members of the Committee of the Regions,
Whereas one seat as member and two seats as alternate members of the Committee of the Regions have become vacant following the resignation of Mr Willy Bourg, member and Mr Paul-Henri Meyers and Mr François Biltgen, alternate members, notified to the Council on 26 August 1999 and 7 June 2000 respectively;
Having regard to the proposal from the Luxembourg Government,
HAS DECIDED AS FOLLOWS:
Sole Article
Mr Paul-Henri Meyers is hereby appointed full member of the Committee of the Regions in place of Mr Willy Bourg; Mr John Liber and Mr Jean-Marie Halsdorf are hereby appointed alternate members in place of Mr Paul-Henri Meyers and Mr François Biltgen respectively for the remainder fo their current term of office, which runs until 25 January 2002.
Done at Brussels, 7 November 2000.
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COMMISSION REGULATION (EC) No 884/96 of 14 May 1996 establishing unit values for the determination of the customs value of certain perishable goods
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (1), as amended by Regulation (EEC) No 2454/93 (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, as last amended by Regulation (EC) No 482/96 (3), and in particular Article 173 (1) thereof,
Whereas Articles 173 to 177 of Regulation (EEC) No 2454/93 provide that the Commission shall periodically establish unit values for the products referred to in the classification in Annex 26 to that Regulation;
Whereas the result of applying the rules and criteria laid down in the abovementioned Articles to the elements communicated to the Commission in accordance with Article 173 (2) of Regulation (EEC) No 2454/93 is that unit values set out in the Annex to this Regulation should be established in regard to the products in question,
HAS ADOPTED THIS REGULATION:
Article 1
The unit values provided for in Article 173 (1) of Regulation (EEC) No 2454/93 are hereby established as set out in the table in the Annex hereto.
Article 2
This Regulation shall enter into force on 17 May 1996.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 May 1996.
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COMMISSION REGULATION (EEC) No 3071/92 of 26 October 1992 re-establishing the levying of customs duties on products of category 12 (order No 40.0120), originating in Mexico, to which the preferential tariff arrangements set out in Council Regulation (EEC) No 3832/90 apply
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3832/90 of 20 December 1990 applying generalized tariff preferences for 1991 in respect of textile products originating in developing countries (1), extended for 1992 by Regulation (EEC) No 3587/91 (2), and in particular Article 12 thereof,
Whereas Article 10 of Regulation (EEC) No 3832/90 provides that preferential tariff treatment shall be accorded for 1992 for each category of products subjected in Annexes I and II thereto to individual ceilings, within the limits of the quantities specified in column 8 of Annex I and column 7 of Annex II, in respect of certain or each of the countries or territories of origin referred to in column 5 of the same Annexes;
Whereas Article 11 of the abovementioned Regulation provides that the levying of customs duties may be re-established at any time in respect of imports of the products in question once the relevant individual ceilings have been reached at Community level;
Whereas, in respect of products of category 12 (order No 40.0120), originating in Mexico, the relevant ceiling amounts to 3 189 000 pairs;
Whereas on 8 September 1992 imports of the products in question into the Community, originating in Mexico, a country covered by preferential tariff arrangements, reached and were charged against that ceiling;
Whereas it is appropriate to re-establish the levying of customs duties for the products in question with regard to Mexico,
HAS ADOPTED THIS REGULATION:
Article 1
As from 30 October 1992 the levying of customs duties, suspended pursuant to Regulation (EEC) No 3832/90, shall be re-established in respect of the following products, imported into the Community and originating in Mexico:
Order No Category (unit) CN code Description 40.0120 12
(1 000 pairs) 6115 12 00
6115 19 10
6115 19 90
6115 20 11
6115 20 19
6115 91 00
6115 92 00
6115 93 10
6115 93 30
6115 93 99
6115 99 00 Panty-hose (tights), stockings, under-stockings, socks, ankle-socks, sockettes and the like, knitted or crocheted, other than for babies, including stockings for varicose veins, other than products of category 70
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 October 1992.
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*****
COMMISSION DECISION
of 12 June 1984
establishing that the six apparatus described as 'LW - Photo-Optical Data Analyzer 16 mm, model 224-AMK VI' may be imported free of Common Customs Tariff duties
(84/321/EEC)
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1798/75 of 10 July 1975 on the importation free of Common Customs Tariff duties of educational, scientific and cultural materials (1), as last amended by Regulation (EEC) No 608/82 (2),
Having regard to Commission Regulation (EEC) No 2784/79 of 12 December 1979 laying down provisions for the implementation of Regulation (EEC) No 1798/75 (3), and in particular Article 7 thereof,
Whereas, by letter dated 30 November 1983, the Federal Republic of Germany requested the Commission to invoke the procedure provided for in Article 7 of Regulation (EEC) No 2784/79 in order to determine whether or not the apparatus described as:
1. 'LW - Photo-Optical Data Analyzer 16 mm, model 224-AMK VI', ordered on 27 October 1982 and intended to be used for biomechanical and functional analysis of sportive movements,
2. 'LW - Photo-Optical Data Analyzer 16 mm, model 224-AMK VI', ordered on 2 November 1982 and intended to be used for research on the injection of gas into molten metal,
3. 'LW - Photo-Optical Data Analyzer 16 mm, model 224-AMK VI', ordered on 14 December 1982 and intended to be used for the study on the oil slot filling in friction bearings and the tendency to foaming and cavitation in the oils,
4. 'LW - Photo-Optical Data Analyzer 16 mm, model 224-AMK VI', ordered on 20 December 1982 and intended to be used for the evaluation of high-frequency analyses,
5. 'LW - Photo-Optical Analyzer 16 mm, model 224-AMK VI', ordered on 28 April 1983 and intended to be used for the analysis of processes of incrustation and dissolution of particles in deep-bed filters,
6. 'LW - Photo-Optical Data Anaylzer 16 mm, model 224-AMK VI', ordered on 15 July 1983 and intended to be used for the evaluation of microcinematographic photographs,
should be considered to be scientific apparatus and, where the reply is in the affirmative, whether apparatus of equivalent scientific value are currently being manufactured in the Community;
Whereas, in accordance with the provisions of Article 7 (5) of Regulation (EEC) No 2784/79, a group of experts composed of representatives of all the Member States met on 14 May 1984 within the framework of the Committee on Duty-Free Arrangements to examine the matter;
Whereas this examination showed that the apparatus in question are projectors; whereas their objective technical characteristics, such as the high shutter speed, and the use to which they are put make them specially suited to scientific research; whereas, moreover, apparatus of the same kind are principally used for scientific activities; whereas they must therefore be considered to be scientific apparatus;
Whereas, on the basis of information received from Member States, apparatus of equivalent scientific value capable of use for the same purpose are not currently manufactured in the Community; whereas, therefore, duty-free admission of these apparatus is justified,
HAS ADOPTED THIS DECISION:
Article 1
The apparatus described as 'LW - Photo-Optical Data Analyzer 16 mm, model 224-AMK VI' ordered on: 1. 27 October 1982, 2. 2 November 1982, 3. 14 December 1982, 4. 20 December 1982, 5. 28 April 1983, 6. 15 July 1983, which are the subject of an
application by the Federal Republic of Germany of 30 November 1983 may be imported free of Common Customs Tariff duties.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 12 June 1984.
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COMMISSION DECISION of 26 July 1995 concerning protection measures in relation to foot-and-mouth disease in Russia (Text with EEA relevance) (95/301/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 90/675/EEC of 10 December 1990 laying down the principles governing the organization of veterinary checks on products entering the Community from third countries (1), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 19 (1) thereof,
Whereas Commission Decision 93/242/EEC of 30 April 1993 concerning the importation into the Community of certain live animals and their products originating from certain European countries in relation to foot-and-mouth disease (2), as last amended by Decision 95/147/EC (3), provides for the prohibition of the importation of live animals, fresh meat and certain meat products of susceptible species from certain countries including Russia;
Whereas Council Directive 92/118/EEC of 17 December 1992 laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A (1) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC (4), as last amended by the Act of Accession of Austria, Finland and Sweden, lays down the conditions for the importation of animal casings, hides and skins, bones and bone products, horn and horn products, hooves and hoof products, game trophies and unprocessed wool and hair;
Whereas Commission Decision 94/70//EC (5), as last amended by Decision 94/506/EC (6), draws up a provisional list of third countries from which Member States authorize imports of raw milk, heat-treated milk and milk-based products; whereas Russia is included in this list;
Whereas Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems on importation of bovine, ovine and caprine animals and swine, fresh meat or meat products from third countries (7), as last amended by the Act of Accession of Austria, Finland and Sweden, permits Member States to import glands and organs for the pharmaceutical processing industry and fresh meat not intended for human consumption, under special conditions; whereas these conditions have been laid down by Commission Decision 92/183/EEC laying down the general conditions to be complied with for the import of certain raw materials for the pharmaceutical processing industry, coming from third countries which appear on the list established by Council Decision 79/542/EEC (8), and Commission Decision 89/18/EEC concerning the conditions of importation from third countries of fresh meat for purposes other than human consumption (9) respectively; whereas this material constitutes a risk;
Whereas an outbreak of foot-and-mouth disease has been confirmed in Russia;
Whereas the occurrence of foot-and-mouth disease in Russia presents a serious threat to the herds of Member States in view of the trade in milk, milk-based products, and certain other animal products;
Whereas, although the origin of the virus has not been established, it is possible to identify regions of the territory of Russia which could be considered to be free from the virus; whereas therefore it is necessary to apply protection measures only to the region of Moscow;
Whereas it is necessary therefore to prohibit the importation of certain animal products including milk and milk-based products from the region of Moscow, except if they have undergone specific treatments;
Whereas the types of treatment to be prescribed must have a scientific basis fo the sort recommended by the Scientific Veterinary Committee and must take into account public and animal health protection requirements;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
1. Member States shall not authorize the importation of the following products of the bovine, ovine, caprine, porcine and other biungulate species originating in the territory of the region of Moscow, Russia - milk and milk-based products,
- blood products not intended for human consumption,
- glands and organs as mentioned in Directive 72/462/EEC intended for the pharmaceutical industry under the provisions of Commission Decision 92/183/EEC,
- fresh meat not intended for human consumption as mentioned in Directive 72/462/EEC under the provisions of Commission Decision 89/18/EEC.
2. These prohibition provided for in paragraph 1 shall not apply to milk or milk-based products which have undergone:
either 1. a sterilization process, whereby an F° value equal to or greater than three was achieved; or 2. an initial heat treatment having a heating effect at least equal to that achieved by a pasteurization process of at least 72 °C for at least 15 seconds and sufficient to produce a negative reaction to a phosphatase test, following by:
either (a) (i) in the case of milk or milk-based products intended for human consumption:
- a second heat treatment involving high temperature pasteurization, utlra high temperature (UHT) treatment or sterilization, being in any case sufficient to produce a negative reaction to a peroxidase test, or - for dried milk or dried milk-based products, a second heat treatment with a heating effect at least equal to that achieved by the initial heat treatment and which would be sufficient to produce a negative reaction to a phosphatase test, followed by a drying process; or (ii) in the case of milk or milk-based products not intended for human consumption:
- a second heat treatment with a heating effect at least equal to that achieved by the initial heat treatment and which would be sufficient to produce a negative reaction to a phosphatase test, followed in the case of dried milk or dried milk-based products, by a drying process;
or,
(b) an acidification process such that the pH has been maintained at less than six for at least one hour.
3. Member States shall ensure that the certificates accompanying milk and milk-products to be sent from Russia shall bear the following words:
'Milk and milk-based products conforming to Commission Decision 95/301/EC of 26 July 1995 concerning protection measures in relation to foot-and-mouth disease in Russia`.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 26 July 1995.
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COMMISSION REGULATION (EEC) No 124/78 of 24 January 1978 amending for the fourth time Regulation (EEC) No 2115/76 laying down detailed rules for the import of wines, grape juice and grape must
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 816/70 of 28 April 1970 laying down additional provisions for the common organization of the market in wine (1), as last amended by Regulation (EEC) No 2560/77 (2), and in particular Article 28 (4) thereof,
Having regard to Council Regulation (EEC) No 1848/76 of 27 July 1976 laying down general rules for the import of wines, grape juice and grape must (3), as last amended by Regulation (EEC) No 2803/77 (4), and in particular Article 4 thereof,
Whereas, under Commission Regulation (EEC) No 2115/76 of 20 August 1976 laying down detailed rules for the import of wines, grape juice and grape must (5), as last amended by Regulation (EEC) No 1803/77 (6), V.I. documents need not be completed for wine originating in and imported from certain non-member countries if presented in containers of four litres or less before 1 September 1977, and for seven types of liqueur wine if accompanied by a certificate of designation or of origin before 1 April 1978 ; whereas, in the interests of clarity, these temporary provisions should be repeated since they are now permanently embodied in Regulation (EEC) No 1848/76, as amended by Regulations (EEC) No 531/77 (7) and (EEC) No 2803/77;
Whereas for five of these liqueur wines the use of a standard certificate of designation of origin is compulsory under Commission Regulation (EEC) No 1120/75 of 17 April 1975 laying down conditions for the entry of port, Madeira, sherry, Setubal muscatel and Tokay (Aszu and Szamorodni) wines falling within subheadings 22.05 C III a) 1 and b) 1 and 2 and 22.05 C IV a) 1 and b) 1 and 2 of the Common Customs Tariff (8) ; whereas the use of standard Community certificates should be prescribed for the other two liqueur wines (Boberg and Samos muscat) ; whereas, for Boberg wines, the certificate of designation of origin should be similar to that already used for these wines under Article 4 (3) of Commission Regulation (EEC) No 1019/70 of 29 May 1970 on detailed rules for establishing free-at-frontier offer prices and fixing the countervailing charge in the wine sector (9), as last amended by Regulation (EEC) No 1297/77 (10) ; whereas, since a standard certificate of origin is being prescribed for the first time by the Community for Samos muscat, it is necessary to permit the use, for a transitional period, of the certificates currently presented for this wine;
Whereas the imports originating in and coming from New Zealand fulfil the conditions laid down in the second indent of Article 2 (2) of Regulation (EEC) No 1848/76 and the V.I. document consequently need not be presented ; whereas the name of that non-member country should therefore be included in Annex IV to Regulation (EEC) No 2115/76;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Wines,
HAS ADOPTED THIS REGULATION:
Article 1
The second paragraph of Article 8 of Regulation (EEC) No 2115/76 is hereby deleted.
Article 2
1. Article 9 (2) of Regulation (EEC) No 2115/76 is hereby amended to read as follows:
"2. The standard certificate of designation of origin for Boberg wine and the standard certificate of origin for Samos muscat are shown in Annexes V and VI respectively to this Regulation. (1)OJ No L 99, 5.5.1970, p. 1. (2)OJ No L 303, 28.11.1977, p. 1. (3)OJ No L 204, 30.7.1976, p. 5. (4)OJ No L 322, 17.12.1977, p. 1. (5)OJ No L 237, 28.8.1976, p. 1. (6)OJ No L 198, 5.8.1977, p. 15. (7)OJ No L 69, 16.3.1977, p. 4. (8)OJ No L 111, 30.4.1975, p. 19. (9)OJ No L 118, 1.6.1970, p. 13. (10)OJ No L 149, 17.6.1977, p. 10.
However, until 31 May 1978, Samos muscat may be presented with the certificate of origin used before the entry into force of Regulation (EEC) No 124/78 (1).
(1)OJ No L 20, 25.1.1978, p. 5." 2. Annexes I and II to this Regulation are hereby added as Annexes V and VI to Regulation (EEC) No 2115/76.
Article 3
The name of New Zealand is hereby added to Annex IV to Regulation (EEC) No 2115/76.
Article 4
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
However: - Article 2 shall apply with effect from 1 March 1978,
- Article 3 shall apply with effect from 1 February 1978.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 January 1978.
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COMMISSION REGULATION (EC) No 3226/94 of 22 December 1994 concerning the stopping of fishing for Greenland halibut by vessels flying the flag of the United Kingdom
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (1), and in particular Article 21 (3) thereof,
Whereas Council Regulation (EC) No 3693/93 of 21 December 1993 allocating, for 1994, Community catch quotas in Greenland waters (2), provides for Greenland halibut quotas for 1994;
Whereas, in order to ensure compliance with the provisions relating to the quantitative limitations on catches of stocks subject to quotas, it is necessary for the Commission to fix the date by which catches made by vessels flying the flag of a Member State are deemed to have exhausted the quota allocated;
Whereas, according to the information communicated to the Commission, catches of Greenland halibut in the waters of ICES divisions V, XIV (Greenland waters) by vessels flying the flag of the United Kingdom or registered in the United Kingdom have reached the quota allocated for 1994; whereas the United Kingdom has prohibited fishing for this stock as from 14 December 1994; whereas it is therefore necessary to abide by that date,
HAS ADOPTED THIS REGULATION:
Article 1
Catches of Greenland halibut in the waters of ICES divisions V, XIV (Greenland waters) by vessels flying the flag of the United Kingdom or registered in the United Kingdom are deemed to have exhausted the quota allocated to the United Kingdom for 1994.
Fishing for Greenland halibut in the waters of ICES divisions V, XIV (Greenland waters) by vessels flying the flag of the United Kingdom or registered in the United Kingdom is prohibited, as well as the retention on board, the transhipment and the landing of such stock captured by the abovementioned vessels after the date of application of this Regulation.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It shall apply with effect from 14 December 1994.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 December 1994.
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COUNCIL REGULATION (EEC) No 1736/79 of 3 August 1979 on interest subsidies for certain loans granted under the European monetary system
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas, on 18 December 1978, the Council adopted Regulation (EEC) No 3181/78 relating to the European monetary system (4);
Whereas, at its meeting of 4 and 5 December 1978, the European Council laid down that this system should include measures to strengthen the economies of the less prosperous Member States participating in it;
Whereas it is of prime importance in fulfilling this purpose that investment programmes and projects in infrastructure be carried out in these less prosperous Member States;
Whereas the loans by the European Investment Bank and those within the framework of Decision 78/870/EEC of 16 October 1978 empowering the Commission to contract loans for the purpose of promoting investment within the Community (5) are intended inter alia to finance investments in infrastructure ; whereas the rates of interest applied to these loans depend on the terms of the corresponding borrowings;
Whereas selected projects and programmes, mainly in infrastructure, in the less prosperous Member States effectively and fully participating in the mechanisms of the European monetary system could be more easily carried out if Community loans carrying interest rate subsidies financed by the general budget of the European Communities were available;
Whereas the European Council requested the Community institutions and the European Investment Bank to grant for a five-year period loans of 1 000 million European units of account a year on special terms, to aid investments in these Member States, those loans made by the Community institutions being within the framework of Decision 78/870/EEC;
Whereas the Community should, during this five-year period, participate in this action by granting interest subsidies on these loans;
Whereas special arrangements are needed for Member States which do not effectively and fully participate in the mechanisms of the European monetary system;
Whereas the European Investment Bank has agreed to participate in implementing this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
Loans granted from its own resources by the European Investment Bank, hereinafter referred to as "the Bank", and loans granted under Decision 78/870/EEC to aid investments in the less prosperous Member States may carry an interest subsidy financed by the budget of the European Communities, provided that these States effectively and fully participate in the mechanisms of the European monetary system. (1)OJ No C 65, 9.3.1979, p. 3. (2)OJ No C 127, 21.5.1979, p. 30. (3)Opinion delivered on 23 May 1979 (not yet published in the Official Journal). (4)OJ No L 379, 30.12.1978, p. 2. (5)OJ No L 298, 25.10.1978, p. 9.
Article 2
The Council, acting by a qualified majority, shall decide on a proposal from the Commission which Member State or States shall be eligible for the subsidies described in Article 1.
Article 3
To ensure cohesive Community action and to facilitate the selection of projects, indicative programmes shall be drawn up by each Member State involved, in collaboration with the Commission. These indicative programmes shall be concerned particularly with the overall amount and the categories of investment aimed at. Investments in regions for which the Member States are required to submit regional development programmes shall be compatible with such programmes.
Article 4
Applications for the interest subsidies provided for in this Regulation shall be submitted for the opinion of the Member State on the territory of which the project is to be carried out.
Article 5
If the opinion of the Member State concerned is favourable, and subject to approval of the grant of a loan subsidized by the Bank in accordance with Article 6, the Commission shall decide whether or not projects are eligible in accordance with the following guidelines: - the investment shall be consistent with the Community rules applicable in the relevant sectors,
- the loans shall be concentrated on the financing of infrastructure projects and programmes,
- the investment shall contribute to resolving the main structural problems affecting the State concerned and, in particular, to reducing regional imbalances and to improving the employment situation,
- the investment shall be compatible with the provisions of the Treaty governing competition. Direct or indirect distortion of the competitive position of specific industries within the Member States should be avoided.
Article 6
The subsidized loans covered by this Regulation shall be made and administered in accordance with the Bank's statute and, where appropriate, with Decision 78/870/EEC.
Article 7
The interest subsidy shall be 3 % per year.
The amount of the loans to be subsidized pursuant to this Regulation shall be 5 000 million European units of account for a period of five years, divided into annual instalments of 1 000 million European units of account.
For the same period, the amount to be entered in the budget to cover the discounted value of these subsidies shall be 1 000 million European units of account divided into annual instalments of 200 million European units of account.
Article 8
Any Member State which does not effectively and fully participate in the mechanisms of the European monetary system shall receive financial compensation financed from the budget, the amount of which is to be determined on the basis of expenditure on interest subsidies under this Regulation.
Article 9
The arrangements for applying this Regulation shall be adopted by the Commission, which may conclude an agreement with the Bank for this purpose.
Article 10
The Commission shall annually inform the Council and the European Parliament of operations carried out pursuant to this Regulation.
By not later than the end of 1980, the Commission shall submit to the Council and the European Parliament a report on the experience gained from application of this Regulation, accompanied, if necessary, by proposals for its revision.
Article 11
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
It shall be applicable as from 1 January 1979.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 August 1979.
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COMMISSION REGULATION (EC) No 780/96 of 29 April 1996 fixing the minimum import prices for certain soft fruits originating in Hungary, Poland, the Czech Republic, Slovakia, Romania and Bulgaria for the 1996/97 marketing year
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1988/93 of 19 July 1993 on the system of minimum import prices for certain soft fruits originating in Hungary, Poland, the Czech Republic, Slovakia, Romania and Bulgaria (1), and in particular Article 3 thereof,
Whereas Commission Regulation (EEC) No 2140/93 of 28 July 1993, laying down detailed rules for the application of the minimum import price system for certain soft fruits originating in Hungary, Poland, the Czech Republic, Slovakia, Romania and Bulgaria and fixing the minimum import prices applicable until 30 April 1994 (2) lays down the criteria for fixing minimum prices; whereas the minimum import prices should be fixed for the 1996/97 marketing year with reference to those criteria;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Products Processed from Fruit and Vegetables,
HAS ADOPTED THIS REGULATION:
Article 1
For the 1996/97 marketing year, the minimum import prices for the products listed in the Annex to Regulation (EEC) No 1988/93 originating in Bulgaria, Hungary, Poland, the Czech Republic, Slovakia and Romania shall be as set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on 1 May 1996.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 April 1996.
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Commission Regulation (EC) No 1892/2003
of 28 October 2003
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables(1), as last amended by Regulation (EC) No 1947/2002(2), and in particular Article 4(1) thereof,
Whereas:
(1) Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.
(2) In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 29 October 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 October 2003.
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COUNCIL DECISION of 29 June 1995 on the extension of the legal protection of topographies of semiconductor products to persons from the United States of America (95/237/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 87/54/EEC of 16 December 1996 on the legal protection of topographies of semiconductor products (1), and in particular Article 3 (7) thereof,
Having regard to the proposal from the Commission,
Whereas the right to legal protection of topographies of semiconductor products in the Community applies to persons qualifying for protection under Article 3 (1) to (5) of Directive 87/54/EEC;
Whereas this right can be extended by Council Decision to persons who do not benefit from protection under the said provisions;
Whereas the extension of the protection in question should, as far as possible, be decided by the Community as a whole;
Whereas that protection has, since 7 November 1987, been extended to the United States of America by successive Council Decisions taken on an interim basis (2), the latest of which is Decision 94/373/EC of 27 June 1994;
Whereas that Decision applies until 1 July 1995;
Whereas the United States of America has appropriate legislation on the protection of topographies of semiconductor products and the President of that country extended that protection to persons from the Member States of the European Community as from 1 July 1995 in his Proclamation of 23 March 1995;
Whereas the Agreement on trade-related aspects of intellectual property rights, which forms part of the results of the Uruguay Round of multilateral trade negotiations embodied in the Marrakesh Final Act of 15 April 1994, requires Members to grant protection to integrated-circuit topographies in compliance with its own provisions and with those of the Treaty on Intellectual Property in Respect of Integrated Circuits to which it refers;
Whereas that Agreement, together with that establishing the World Trade Organization (to which it is annexed), entered into force in the Community on 1 January 1995; whereas the developed countries which are Members of the Agreement establishing the World Trade Organization have one year following the entry into force of that Agreement in which to implement the Agreement on trade-related aspects of intellectual property rights;
Whereas Council Decision 94/824/EC of 22 December 1994 on the extension of the legal protection of topographies of semiconductor products to persons from a Member of the World Trade Organization (3) is to apply from 1 January 1996; whereas the United States of America is a Member of the World Trade Organization;
Whereas in view of the extension of the protection provided for by United States legislation to persons from the Member States of the European Community the right to protection under Directive 87/54/EEC should be extended to natural and legal persons from the United States of America with effect from 2 July 1995 and until Decision 94/824/EC applies, namely 1 January 1996,
HAS ADOPTED THIS DECISION:
Article 1
Member States shall extend the right to legal protection under Directive 87/54/EEC as follows:
(a) natural persons who are nationals of the United States of America or who have their habitual residence in the territory of the United States of America shall be treated in the same way as nationals of a Member State;
(b) companies or other legal persons from the United States of America which have a real and effective industrial or commercial establishment in that country shall be treated as if they had a real and effective industrial or commercial establishment in the territory of a Member State.
Article 2
This Decision shall apply from 2 July 1995.
Member States shall extend the right to legal protection under this Decision to the persons referred to in Article 1 until 1 January 1996.
Any exclusive rights acquired under Decisions 87/532/EEC, 90/511/EEC, 93/16/EEC, 94/4/EC, 94/373/EC or under this Decision shall continue to produce their effects for the period laid down under Directive 87/54/EEC.
Article 3
This Decision is addressed to the Member States.
Done at Luxembourg, 29 June 1995.
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Commission Regulation (EC) No 854/2003
of 16 May 2003
fixing the maximum export refund on wholly milled round grain rice to certain third countries in connection with the invitation to tender issued in Regulation (EC) No 1896/2002
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3072/95 of 22 December 1995 on the common organisation of the market in rice(1), as last amended by Commission Regulation (EC) No 411/2002(2), and in particular Article 13(3) thereof,
Whereas:
(1) An invitation to tender for the export refund on rice was issued pursuant to Commission Regulation (EC) No 1896/2002(3).
(2) Article 5 of Commission Regulation (EEC) No 584/75(4), as last amended by Regulation (EC) No 1948/2002(5), allows the Commission to fix, in accordance with the procedure laid down in Article 22 of Regulation (EC) No 3072/95 and on the basis of the tenders submitted, a maximum export refund. In fixing this maximum, the criteria provided for in Article 13 of Regulation (EC) No 3072/95 must be taken into account. A contract is awarded to any tenderer whose tender is equal to or less than the maximum export refund.
(3) The application of the abovementioned criteria to the current market situation for the rice in question results in the maximum export refund being fixed at the amount specified in Article 1.
(4) To ensure the more balanced management of quantities exported with a refund, an allocation coefficient should be set for tenders presented at the level of the maximum refund.
(5) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
The maximum export refund on wholly milled round grain rice to be exported to certain third countries pursuant to the invitation to tender issued in Regulation (EC) No 1896/2002 is hereby fixed on the basis of the tenders submitted from 12 to 15 May 2003 at 153,00 EUR/t.
Article 2
For tenders presented at the level of the maximum refund, an allocation coefficient is set at 75 %.
Article 3
This Regulation shall enter into force on 17 May 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 May 2003.
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Commission Regulation (EC) No 1996/2001
of 11 October 2001
amending, for the second time, Council Regulation (EC) No 467/2001 prohibiting the export of certain goods and services to Afghanistan, strengthening the flight ban and extending the freeze of funds and other financial resources in respect of the Taliban of Afghanistan and repealing Regulation (EC) No 337/2000
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 467/2001 of 6 March 2001 prohibiting the export of certain goods and services to Afghanistan, strengthening the flight ban and extending the freeze of funds and other financial resources in respect of the Taliban of Afghanistan and repealing Regulation (EC) No 337/2000(1), as amended by Commission Regulation (EC) No 1354/2001(2), and in particular Article 10(1), second indent, thereof,
Whereas:
(1) Article 10 of Regulation (EC) No 467/2001 empowers the Commission to amend Annexes I and VI on the basis of determinations by either the United Nations Security Council or the Taliban Sanctions Committee.
(2) Annex I to Regulation (EC) No 467/2001 lays down the list of persons and entities covered by the freeze of funds under that Regulation. Annex VI lists the organisations and agencies exempted from the flight ban under that Regulation.
(3) On 20 August and 6 October 2001 the Taliban Sanctions Committee determined to amend the list of persons and entities to whom the freeze of funds shall apply and to amend the list of humanitarian organisations, and therefore Annexes I and VI to Regulation (EC) No 467/2001 should be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 467/2001 is amended as follows:
1. The following persons and entities shall be added to Annex I:
- The Afghan Export Bank
- Al Qaida/Islamic Army
(aka "The Base", Al Qaeda, Islamic Salvation Foundation, The Group for the Preservation of the Holy Sites, The Islamic Army for the Liberation of Holy Places, The World Islamic Front for Jihad Against Jews and Crusaders, Usama Bin Laden Network, Usama Bin Laden Organisation)
- Abu Sayyaf Group
(aka Al Harakat Al Islamiyya)
- Armed Islamic Group (GIA)
(aka Al Jamm'ah Al Islamiah Al-Musallah, GIA, Groupement Islamique Armé)
- Harakat Ul-Mujahidin/HUM
(aka Al-Faran, Al-Hadid, Al-Hadith, Harakat Ul-Ansar, HUA, Harakat Ul-Mujahideen)
- Al-Jihad/Egyptian Islamic Jihad
(aka Egyptian Al-Jihad, Egyptian Islamic Jihad, Jihad Group, New Jihad)
- Islamic Movement of Uzbekistan (IMU)
(aka IMU)
- Asbat al-Ansar
- Salafist group for Call and Combat (GSPC)
(aka Le Groupe Salafiste pour la Prédiction et le Combat)
- Libyan Islamic Fighting Group
- Al-Itihaad Al-Islamiya (AIAI)
- Islamic Army of Aden
- Usama Bin laden (individual)
(aka Usama Bin Muhammed Bin Awad, Osama Bin Laden). Born 30.7.1957, Jeddah, Saudi Arabia; alternative place of birth Yemen
- Muhammad Atif (individual)
(aka Subhi Abu Sitta, Abu Hafs Al Masri, Sheik Taysir Abdullah, Mohamed Atef, Abu Hafs Al Masri el Khabir, Taysir). Born 1956, Alexandria, Egypt; alternative date of birth 1951
- Sayf al-Adl (individual)
(aka Saif Al-'Adil). Born 1963, Egypt
- Shaykh Sai'id (individual)
(aka Mustafa Muhammad Ahmad). Born Egypt
- Abu Hafs the Mauritanian (individual)
(aka Mahfouz Ould al-Walid, Khalid Al-Shanqiti, Mafouz Walad Al-Walid, Mahamedou Ouid Slahi). Born 1.1.1975
- Ibn Al-Shaykh Al-Libi (individual)
- Abu Zubaydah (individual)
(aka Abu Zubaida, Abd Al-Hadi Al Wahab, Zain Al-Abidin Muhahhad Husain, Zayn Al-Abidin Muhammad Husain, Tariq). Born 12.3.1971, Riyadh, Saudi Arabia
- Abd al-Hadi al-Iraqi (individual)
(aka Abu Abdallah, Abdal Al-Hadi Al-Iraqi)
- Ayman Al-Zawahari (individual)
(aka Ahmed Fuad Salim) Operational and Military Leader of Jihad Group. Born 19.6.1951, Giza, Egypt; passport No 1084010 (Egypt); alternative No 19820215
- Thirwat Salah Shihata (individual)
(aka Tarwat Salah Abdallah, Salah Shihata Thirwat, Shahata Thirwat). Born 29.6.1960, Egypt
- Tariq Anwar Al-Sayyid Ahmad (individual)
(aka Hamdi Ahmad Farag, Amr al-Fatih Fathi). Born 15.3.1963, Alexandria, Egypt
- Muhammad Salah (individual)
(aka Nasr Fahmi Nasr Hasanayn)
- Makhtab Al-Khidamat/Al Kifah (individual)
- Wafa Humanitarian Organisation
(aka Al Wafa, Al Wafa Organisation, Wafa Al-Igatha Al-Islamia) Jordan house No 125, Street 54, Phase II. Hayatabad, Peshawar, Pakistan. Offices in Saudi Arabia, Kuwait and United Arab Emirates
- Al Rashid Trust
(aka Al-Rasheed Trust)
Kitas Ghar, Nazimabad 4, Dahgel-Iftah, Karachi, Pakistan.
Jamia Maajid, Sulalman Park, Melgium Pura, Lahore, Pakistan.
Office Dha'rbi M'unin, Opposite Khyber Bank, Abbottabad Road, Mansehra, Pakistan.
Office Dhar'bi M'unin ZR Brothers, Katcherry Road, Chowk Yadgaar, Peshawar, Pakistan.
Office Dha'rbi-M'unin, Rm No 3 Moti Plaza, Near Liaquat Bagh, Muree Road, Rawalpindi, Pakistan.
Office Dha'rbi-M'unin, Top floor, Dr Dawa Khan Dental Clinic Surgeon, Main Baxae, Mingora, Swat, Pakistan.
Operations in Afghanistan: Heart, Jalalabad, Kabul, Kandahar, Mazar Sherif.
Also operations in Kosovo, Chechnya.
- Mamoun Darkazanli Import-Export Company
(aka Darkazanli Company, Darkazanli Export-Import Sonderposten). Uhlenhorsterweg 34 11, Hamburg, Germany.
2. The following organisations shall be added to Annex VI:
- International Medical Corps (IMC), 11500 West Olympic Blvd, Suite 506, Los Angeles, California 90064-1524, USA.
- Goal, PO Box 19, Dun Laoghaire, Co. Dublin, Ireland.
- Drug Control Community (DCC), No 21 Shahid Mehdiazadeh St, South Karegar Ave., Teheran, Iran.
- Aftab Society, No 3 South Sohrevardi St, Teheran, Iran.
- International Green PODNGO, No 10 11th St Shahid Sarafraz St, Shahid Beheshti Ave., Teheran, Iran.
- HOPE Worldwide, 163 Tooting High St, London SW17 OSY, United Kingdom.
- Red Crescent Society of the Islamic Republic of Iran, Ostad Nejatollahi St, 159893315 Teheran, Iran.
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, 11 October 2001.
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COMMISSION REGULATION (EC) No 773/2008
of 4 August 2008
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,
Whereas:
Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XV, Part A thereto,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.
Article 2
This Regulation shall enter into force on 5 August 2008.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 4 August 2008.
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COMMISSION REGULATION (EC) Νo 311/2005
of 24 February 2005
fixing the export refunds on products processed from cereals and rice
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 13(3) thereof,
Having regard to Council Regulation (EC) No 3072/95 of 22 December 1995 on the common organisation of the market in rice (2), and in particular Article 13(3) thereof,
Whereas:
(1)
Article 13 of Regulation (EC) No 1784/2003 and Article 13 of Regulation (EC) No 3072/95 provide that the difference between quotations or prices on the world market for the products listed in Article 1 of those Regulations and prices for those products within the Community may be covered by an export refund.
(2)
Article 13 of Regulation (EC) No 3072/95 provides that when refunds are being fixed account must be taken of the existing situation and the future trend with regard to prices and availabilities of cereals, rice and broken rice on the Community market on the one hand and prices for cereals, rice, broken rice and cereal products on the world market on the other. The same Articles provide that it is also important to ensure equilibrium and the natural development of prices and trade on the markets in cereals and rice and, furthermore, to take into account the economic aspect of the proposed exports, and the need to avoid disturbances on the Community market.
(3)
Article 4 of Commission Regulation (EC) No 1518/95 (3) on the import and export system for products processed from cereals and from rice defines the specific criteria to be taken into account when the refund on these products is being calculated.
(4)
The refund to be granted in respect of certain processed products should be graduated on the basis of the ash, crude fibre, tegument, protein, fat and starch content of the individual product concerned, this content being a particularly good indicator of the quantity of basic product actually incorporated in the processed product.
(5)
There is no need at present to fix an export refund for manioc, other tropical roots and tubers or flours obtained therefrom, given the economic aspect of potential exports and in particular the nature and origin of these products. For certain products processed from cereals, the insignificance of Community participation in world trade makes it unnecessary to fix an export refund at the present time.
(6)
The world market situation or the specific requirements of certain markets may make it necessary to vary the refund for certain products according to destination.
(7)
The refund must be fixed once a month. It may be altered in the intervening period.
(8)
Certain processed maize products may undergo a heat treatment following which a refund might be granted that does not correspond to the quality of the product; whereas it should therefore be specified that on these products, containing pregelatinised starch, no export refund is to be granted.
(9)
The Management Committee for Cereals has not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
The export refunds on the products listed in Article 1(1)(d) of Regulation (EC) No 1784/2003 and in Article 1(1)(c) of Regulation (EC) No 3072/95 and subject to Regulation (EC) No 1518/95 are hereby fixed as shown in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on 25 February 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 February 2005.
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COMMISSION REGULATION (EC) No 1007/98 of 14 May 1998 fixing the compensatory aid for bananas produced and marketed in the Community in 1997, the deadline for payment of the balance of that aid and the unit amount of advances for 1998 (Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 404/93 of 13 February 1993 on the common organisation of the market in bananas (1), as last amended by Regulation (EC) No 3290/94 (2), and in particular Articles 12(6) and 14 thereof,
Whereas Commission Regulation (EEC) No 1858/93 (3), as last amended by Regulation (EC) No 796/95 (4), lays down detailed rules for applying Regulation (EEC) No 404/93 as regards the aid scheme to compensate for loss of income from marketing in the banana sector;
Whereas, pursuant to Article 12 of Regulation (EEC) No 404/93, the compensatory aid is calculated on the basis of the difference between the flat-rate reference income and the average production income from bananas produced and marketed in the Community in a given year; whereas supplementary aid is granted in one or more producer regions where average income from production is significantly lower than the average Community income;
Whereas prices for bananas produced and marketed in the Community in 1997 were such that the average price for delivery to the first port of unloading in the rest of the Community, less the average costs of transport and delivery fob, is less than the flat-rate reference income fixed in Article 2(2) of Regulation (EEC) No 1858/93; whereas the compensatory aid for 1997 should be fixed accordingly;
Whereas the annual average production income from marketing bananas produced in Portugal proved significantly lower than the Community average in 1997; whereas supplementary aid should accordingly be granted in the producer regions of Portugal;
Whereas, furthermore, the unit amounts of advances and the corresponding security depend on the rate of aid fixed for the preceding year pursuant to Article 4(2) and (4) of Regulation (EEC) No 1858/93;
Whereas, since all the data required were not available, the compensatory aid for 1997 could not be determined earlier; whereas provision should be made for payment of the balance of the aid within two months of the date of publication of this Regulation; whereas, given the above, the Regulation should enter into force on the day following its publication;
Whereas the Management Committee for Bananas has not delivered an opinion within the time limit laid down by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
1. The compensatory aid provided for in Article 12 of Regulation (EEC) No 404/93 for bananas covered by CN code ex 0803, excluding plantains, produced and marketed fresh in the Community in 1997 shall be ECU 24,81 per 100 kg.
2. The aid fixed in paragraph 1 shall be increased by ECU 2,82 per 100 kg for bananas produced in the producer regions of Portugal.
3. Advances for bananas marketed from January to October 1998 shall be ECU 17,37 per 100 kg. The corresponding security shall be ECU 8,68 per 100 kg.
Article 2
Notwithstanding Article 10 of Regulation (EEC) No 1858/93, the competent authorities of the Member States shall pay the balance of the compensatory aid in respect of 1997 within two months of the entry into force of this Regulation.
Article 3
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 May 1998.
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COUNCIL DECISION
of 26 September 2007
on the signing, on behalf of the European Community, and provisional application of the International Tropical Timber Agreement, 2006
(2007/648/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Articles 133 and 175 in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1)
On 27 January 2006 the negotiating conference established under the aegis of the United Nations Conference on Trade and Development (Unctad) approved the text of the International Tropical Timber Agreement, 2006 (the 2006 Agreement).
(2)
The 2006 Agreement was negotiated to replace the International Tropical Timber Agreement, 1994, as extended, which will remain in force until the entry into force of the 2006 Agreement.
(3)
The 2006 Agreement is open for signature and deposit of instruments of ratification, acceptance or approval from 3 April 2006 and will remain so until one month after the date of its entry into force.
(4)
The objectives of the 2006 Agreement are consistent with both the common commercial policy and the environmental policy.
(5)
The European Community is a party to the International Tropical Timber Agreement, 1994. The 2006 Agreement will continue to promote the European Union’s sustainable development objectives and it is therefore in its interest to approve the 2006 Agreement.
(6)
All the Member States have expressed their intention to sign, and to contribute as appropriate towards the provisional application of the 2006 Agreement.
(7)
As the compulsory contributions by the consumer members of the International Tropical Timber Organisation (ITTO) are assessed primarily in terms of the volume of tropical timber which they import, the European Community will contribute to the ITTO’s Administrative Account, once the 2006 Agreement enters into force, while the Member States, as well as the European Community, will be able to make voluntary financial contributions to planned actions via the ITTO’s voluntary contribution accounts.
(8)
The 2006 Agreement should be signed and provisionally applied, subject to its conclusion at a later date,
HAS DECIDED AS FOLLOWS:
Article 1
The signing of the International Tropical Timber Agreement, 2006 (the 2006 Agreement) is hereby approved on behalf of the European Community, subject to the conclusion of the said Agreement.
The text of the 2006 Agreement is attached to this Decision.
Article 2
The President of the Council is hereby authorised to designate the person(s) empowered to sign the 2006 Agreement and deposit the declaration of competence attached to this Decision, on behalf of the Community, with the Secretary-General of the United Nations, in accordance with Articles 36(1) and 36(3) of the 2006 Agreement.
Article 3
Subject to reciprocity, the 2006 Agreement shall be applied on a provisional basis, pending the completion of the procedures for its formal conclusion (1).
The President of the Council shall notify, on behalf of the Community, the depositary that the Community will apply the 2006 Agreement provisionally when it enters into force.
Done at Brussels, 26 September 2007.
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COMMISSION REGULATION (EC) No 2201/2004
of 21 December 2004
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables (1), and in particular Article 4(1) thereof,
Whereas:
(1)
Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.
(2)
In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 22 December 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 December 2004.
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COMMISSION REGULATION (EC) No 832/2009
of 10 September 2009
fixing the maximum reduction in the duty on maize imported under the invitation to tender issued in Regulation (EC) No 677/2009
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Article 144(1) in conjunction with Article 4 thereof,
Whereas:
(1)
An invitation to tender for the maximum reduction in the duty on maize imported into Portugal from third countries was opened by Commission Regulation (EC) No 677/2009 (2).
(2)
Under Article 8 of Commission Regulation (EC) No 1296/2008 of 18 December 2008 laying down detailed rules for the application of tariff quotas for imports of maize and sorghum into Spain and imports of maize into Portugal (3) the Commission, in accordance the procedure laid down in Article 195(2) of Regulation (EC) No 1234/2007, may decide to fix a maximum reduction in the import duty. In fixing this maximum the criteria provided for in Articles 7 and 8 of Regulation (EC) No 1296/2008 must be taken into account.
(3)
A contract is awarded to any tenderer whose tender is equal to or less than the maximum reduction in the duty.
(4)
The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chair,
HAS ADOPTED THIS REGULATION:
Article 1
For tenders lodged from 28 August 2009 to 10 September 2009 under the invitation to tender issued in Regulation (EC) No 677/2009, the maximum reduction in the duty on maize imported shall be EUR 25,95/t for a total maximum quantity of 6 396 t.
Article 2
This Regulation shall enter into force on 11 September 2009.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 10 September 2009.
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COMMISSION DECISION
of 11 August 2006
concerning certain protection measures in relation to highly pathogenic avian influenza of subtype H5N1 in wild birds in the Community and repealing Decision 2006/115/EC
(notified under document number C(2006) 3585)
(Text with EEA relevance)
(2006/563/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market (1), 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 (2), and in particular Article 10(4) thereof,
Having regard to Regulation (EC) No 998/2003 of the European Parliament and of the Council of 26 May 2003 on the animal health requirements applicable to the non-commercial movement of pet animals and amending Council Directive 92/65/EEC (3), and in particular Article 18 thereof,
Whereas:
(1)
Avian influenza is an infectious viral disease in poultry and birds, causing mortality and disturbances which can quickly take epizootic proportions liable to present a serious threat to animal and public health and to reduce sharply the profitability of poultry farming. There is a risk that the disease agent might be spread from wild birds to domestic birds, notably poultry, and from one Member State to other Member States and third countries through international trade in live birds or their products.
(2)
Cases of highly pathogenic avian influenza (HPAI) of the subtype virus H5N1, hereinafter ‘HPAI H5N1’, have been suspected or confirmed in several Member States. Taking into account the epidemiological situation, Commission Decision 2006/115/EC of 17 February 2006 concerning certain protection measures in relation to highly pathogenic avian influenza in wild birds in the Community and repealing Decisions 2006/86/EC, 2006/90/EC, 2006/91/EC, 2006/94/EC, 2006/104/EC and 2006/105/EC (4) was adopted.
(3)
The measures laid down in Council Directive 92/40/EEC of 19 May 1992 introducing Community measures for the control of avian influenza (5) were reviewed in-depth in the light of recent scientific knowledge on the risk of avian influenza for animal and public health, the development of new laboratory tests and vaccines and the experience gained during recent outbreaks of that disease in the Community as well as in third countries. Taking account of that review, Directive 92/40/EEC was repealed and replaced by Council Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza and repealing Directive 92/40/EEC (6), which is to be transposed by Member States by 1 July 2007.
(4)
Pending the transposition of Directive 2005/94/EC and given the current disease situation in relation to avian influenza in the Community, it was necessary to lay down transitional measures to be applied on holdings where outbreaks of avian influenza caused by HPAI viruses are suspected or confirmed in poultry or other captive birds.
(5)
Those transitional measures, which are laid down in Commission Decision 2006/416/EC of 14 June 2006 concerning certain transitional measures in relation to highly pathogenic avian influenza in poultry or other captive birds in the Community (7), should enable the Member States to adopt disease control measures in a proportionate and flexible manner, taking into account the various levels of risk posed by the different virus strains, the likely social and economic impact of the measures in question on the agriculture sector and other sectors involved, while at the same time ensuring that the measures taken for each specific scenario are the most appropriate.
(6)
With progress made in transposition of Directive 2005/94/EC by certain Member States, any reference to the transitional measures should be construed as a reference to the corresponding paragraph in Directive 2005/94/EC.
(7)
In order to complement the measures pursuant to Directive 92/40/EEC Commission Decision 2006/135/EC of 22 February 2006 concerning certain protection measures in relation to highly pathogenic avian influenza in poultry in the Community (8) was adopted.
(8)
Decision 2006/135/EC has now been replaced by Commission Decision 2006/415/EC of 14 June 2006 concerning certain protection measures in relation to highly pathogenic avian influenza of the subtype H5N1 in poultry in the Community and repealing Decision 2006/135/EC (9) in order to harmonise the interaction between the transitional measures to be taken in case of a HPAI outbreak in poultry and the additional restrictions in case of a HPAI H5N1 suspected or confirmed outbreak in poultry or other captive birds.
(9)
Experience with the implementation of Decision 2006/115/EC in affected Member States has shown that certain adjustments for the establishment of the restricted zones and for certain restrictions of movements of live poultry or products derived from them should be permitted on the basis of a risk assessment performed by the competent authority taking into account the level of risk influenced by geographical, limnological, ecological and epizootiological factors.
(10)
In the interests of consistency of Community legislation, it is appropriate to apply for the purposes of this Decision certain definitions provided for in Directive 2005/94/EC, Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (10) and Regulation (EC) No 998/2003.
(11)
A control and a monitoring area should be established around the place where HPAI of H5 subtype was detected in wild birds. Those areas should be limited to what is necessary to prevent virus introduction into commercial and non-commercial poultry flocks.
(12)
In the interests of consistency of Community legislation, the biosecurity measures provided for in Commission Decision 2005/734/EC of 19 October 2005 laying down biosecurity measures to reduce the risk of transmission of highly pathogenic avian influenza caused by influenza virus A subtype H5N1 from birds living in the wild to poultry and other captive birds and providing for an early detection system in areas at particular risk (11) should be taken into account in control and monitoring areas, independently of the defined risk status of the area where highly pathogenic avian influenza is suspected or confirmed in wild birds.
(13)
It is appropriate to restrict the movement of, in particular, live poultry and other captive birds, day-old chicks, hatching eggs and products of avian origin from the established control and monitoring areas. However, the dispatch under official control from these areas may only be authorised under certain conditions to avoid the possible spread of the disease.
(14)
Specific derogations should also be provided for hatching eggs or SPF-eggs used in specialised laboratories or institutes for scientific, diagnostic or pharmaceutical purposes, as they pose a negligible risk for the spread of infection.
(15)
The transport of hatching eggs from the control area should be permitted under certain conditions. The dispatch of hatching eggs to other Member States may be permitted subject in particular to compliance with the conditions referred to in Directive 2005/94/EC. In such cases, the animal health certificates provided for in accordance with Council Directive 90/539/EEC of 15 October 1990 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs (12) should include a reference to this Decision.
(16)
The dispatch from the control area of meat, minced meat, meat preparations and meat products derived from poultry and farmed feathered game produced in compliance with certain requirements of Regulation (EC) No 853/2004 and of Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (13) and subject to official veterinary controls including ante- and post mortem inspection should be permitted.
(17)
The same official animal health controls apply for meat derived from poultry and farmed feathered game originating from the control area and produced in accordance with the provisions of Regulation (EC) No 2076/2005, which provides for transitional measures allowing the use of a national identification mark for products of animal origin intended for human consumption and which may only be marketed in the territory of the Member State where they are produced.
(18)
Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (14) establishes a list of treatments rendering meat from restricted areas safe, and provides for the possibility to establish a specific health mark and the health mark required for meat not authorised for placing on the market for animal health reasons. It is appropriate to permit the dispatch from the control area of meat derived from poultry and farmed feathered game bearing the health mark provided for in that Directive and destined for treatment within the affected Member State to ensure inactivation of the avian influenza virus. Meat products having undergone such treatment may then be dispatched to other Member States and third countries.
(19)
It is necessary to limit the dispatch from the control area of animal by-products of avian origin to those complying with specific conditions for the production, use, treatment or disposal as provided for in Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption (15) that prevent the possible spread of avian influenza virus.
(20)
It is necessary to specify the minimum duration of the measures provided for in this Decision which should take account of the incubation period of the disease and the requirements of Directive 2005/94/EC. However it is also necessary to introduce conditions for granting specific derogations following the positive outcome of a risk assessment by the competent authorities.
(21)
In the interests of clarity of Community legislation, Decision 2006/115/EC should be repealed and replaced by the present Decision.
(22)
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
Article 1
Subject-matter and scope
1. This Decision lays down certain protection measures to be applied in cases where highly pathogenic avian influenza (HPAI) caused by the highly pathogenic influenza A virus of subtype H5 is detected and the neuraminidase type N1 (H5N1) is suspected or confirmed in wild birds, in a Member State (the affected Member State), in order to prevent the spread of avian influenza from wild birds to poultry or other captive birds, as well as the contamination of products thereof.
2. This Decision shall apply without prejudice to:
(a)
Decision 2006/416/EC; or
(b)
Decision 2006/415/EC and other protective measures in relation to an outbreak of HPAI in poultry or other captive birds caused by an avian influenza virus of the subtype H5 where the neuraminidase type N1 is suspected or confirmed HPAI H5N1.
Article 2
Definitions
For the purpose of this Decision, the definitions in Directive 2005/94/EC shall apply.
The following definitions shall also apply:
(a)
‘hatching eggs’ means eggs for incubation laid by poultry as defined in Article 2(4) of Directive 2005/94/EC;
(b)
‘wild feathered game’ means, as far as avian species are concerned, game as defined in point 1.5, second indent, and in point 1.7 of Annex I to Regulation (EC) No 853/2004;
(c)
‘other captive birds’ means birds as defined in Article 2(6) of Directive 2005/94/EC, excluding:
(i)
pet animals of the bird species as referred to in Article 3(a) of Regulation (EC) No 998/2003;
(ii)
birds for zoos, circuses, amusement parks and experimental laboratories and sentinel birds placed by the competent authority in the frame of surveillance and research activities.
Article 3
Establishment of control and monitoring areas
1. The affected Member State shall establish around the area where the presence of HPAI caused by avian influenza A virus of subtype H5 is confirmed in wild birds and the neuraminidase type N1 is either suspected or confirmed:
(a)
a control area with a radius of at least three kilometres (the control area); and
(b)
a monitoring area with a radius of initially at least 10 kilometres, including the control area (the monitoring area).
2. The establishment of the control and the monitoring areas shall take account of geographical, limnological, administrative, ecological and epizootiological factors relating to the species of wild birds, the characteristics of the avian influenza viruses and the monitoring facilities.
3. The affected Member State shall notify to the Commission and to the other Member States the details of any control and monitoring areas and shall, as appropriate, inform the public of the measures taken.
4. If the control or the monitoring areas cover the territories of more than one Member State, the competent authorities of those Member States shall collaborate in order to establish those areas.
5. If wild birds are suspected or confirmed to be infected with HPAI H5N1 in a protection or surveillance zone established pursuant to Article 11(1) of Decision 2006/416/EC (the protection or surveillance zones) due to such infection in poultry or other captive birds, the competent authority shall:
(a)
establish control and monitoring areas; and
(b)
undertake a risk assessment to consider whether the radius of the control and monitoring areas needs to be extended to overlap with the protection and surveillance zones.
The competent authority may apply the protection measures provided for in Article 5(b), (c) and (d), in any parts of the protection and surveillance zones that do not overlap with the control and monitoring areas when the risk assessment indicates that there is a risk of spread of HPAI H5N1 to poultry or other captive birds in those parts.
Article 4
Derogations from measures provided for in Article 3(1)
1. By way of derogation from Article 3(1), the affected Member State may refrain from the establishment of control and monitoring areas on basis of the favourable results of a risk assessment by the competent authority.
That assessment shall take into account geographical considerations, the ecology of the infected bird species and lead the competent authority to conclude that HPAI H5N1 is not present in the area in poultry or other captive birds or wild birds, or that the infected wild bird did not present a risk of spreading that virus to poultry or other captive birds or wild birds in the locality.
In those circumstances the competent authority shall attempt, where necessary in liaison with the competent authorities of other Member States or third countries, to establish with the help of ornithological experts whether the wild birds are resident or migrating, such that an assessment can be made as to whether HPAI H5N1 exists in wild birds in other areas under their jurisdiction.
2. By way of derogation from Article 3(1) (a) and on the basis of favourable results to a risk assessment which has taken into account at least the criteria referred to in Article 3(2) and confirmed the existence of sufficient protection of the local poultry or other captive birds based on natural barriers or the absence of suitable habitats for wild birds presenting a risk of spreading HPAI H5N1 the control area may be:
(a)
amended to an area of sufficient size but in any event not less than of 1 km in radius; or
(b)
established as a band of 1 km in width from the banks of a river or the shores of a lake or coast for a length of at least 3 km.
In this case and by way of derogation from Article 3(1)(b) the competent authority shall then also adapt the shape and the size of the monitoring area accordingly to separate the control area from the unaffected parts of the territory.
Article 5
Measures in the control area
The affected Member State shall ensure that at least the following measures are applied in the control area:
(a)
the identification of all commercial poultry holdings and non-commercial holdings;
(b)
the implementation of the biosecurity measures laid down in Decision 2005/734/EC for poultry and other captive birds, including disinfection at the entrances and exits to premises where poultry or other captive birds are kept;
(c)
intensified official surveillance of wild bird populations, in particular water fowl, and further monitoring for dead or sick birds, if necessary with the co-operation of hunters and bird-watchers, and the reporting of dead bird findings to the competent authority and the removal, as far as possible, of carcasses of dead birds by personnel who have been specifically instructed on measures to protect themselves from infection with the virus and to prevent the spread of the virus to susceptible animals;
(d)
campaigns to inform the public and to increase disease awareness among owners of poultry or other captive birds, hunters, bird-watchers and those providing the services of water-related recreation;
(e)
periodic and documented visits to all commercial poultry holdings and targeted visits to non-commercial poultry holdings, prioritising those considered to be at greater risk, which must include:
(i)
a clinical inspection of the poultry or other captive birds including, if necessary, the collection of samples for laboratory examination targeting poultry or other captive birds that had not been confined prior to the positive finding in a wild bird and in particular ducks and geese;
(ii)
an assessment of the implementation of the biosecurity measures referred to in point (b).
Article 6
Prohibitions in the control area
The affected Member State shall ensure that the following are prohibited in the control area:
(a)
the removal of poultry or other captive birds from the holding on which they are kept;
(b)
the assembly of poultry or other captive birds at fairs, markets, shows or other gatherings;
(c)
the transport through the control area of poultry or other captive birds, except transit through the control area by road or rail without unloading or stopping;
(d)
the dispatch of hatching eggs collected from holdings which on the date of collection were situated in the control area;
(e)
the dispatch from the control area of fresh meat, minced meat, meat preparations and meat products from poultry originating from the control area and wild feathered game taken from the wild in that area;
(f)
the transport or spread of unprocessed manure from holdings of poultry or other captive birds within the control area, except the transport for treatment in accordance with Regulation (EC) No 1774/2002;
(g)
the dispatch to other Member States and third countries of animal by-products of avian origin derived from poultry or other captive birds or wild feathered game originating from the control area;
(h)
the hunting of wild birds or otherwise taking them from the wild, unless authorised by the competent authority for specific purposes;
(i)
the release of game birds from captivity into the wild.
Article 7
Measures in the monitoring area
The affected Member State shall ensure that at least the measures provided for in Article 5(a) to (d) are applied in the monitoring area.
Article 8
Prohibitions in the monitoring area
The affected Member State shall ensure that the following are prohibited in the monitoring area:
(a)
the removal of poultry or other captive birds out of the monitoring area for the first 15 days following the date of establishment of that area;
(b)
the assembly of poultry or other captive birds at fairs, markets, shows or other gatherings;
(c)
the hunting of wild birds or otherwise taking them from the wild, unless authorised by the competent authority for specific purposes;
(d)
the release of game birds from captivity into the wild.
Article 9
Derogations for live birds and day-old chicks
1. By way of derogation from Article 6(a), the affected Member State may authorise the transport of:
(a)
poultry to holdings under official control situated in the control and monitoring areas;
(b)
ready-to-lay pullets and turkeys for fattening to holdings under official control in the same Member State on which the poultry must remain for at least 21 days following the date of arrival of those poultry.
2. By way of derogation from Article 6(a) and Article 8(a), the affected Member State may authorise the transport of:
(a)
poultry for immediate slaughter to a slaughterhouse located in the control or monitoring area or, if that is not possible, to a slaughterhouse designated by the competent authority outside those areas;
(b)
poultry from the monitoring area to holdings under official control on its territory;
(c)
day-old chicks, hatched from eggs collected from holdings which were on the date of collection situated in the control area, to a holding or shed of that holding in the same Member State, preferably located outside that area, subject to the following conditions:
(i)
appropriate biosecurity measures are applied during transport and at the holding of destination;
(ii)
the holding of destination is placed under official surveillance following the arrival of the day-old-chicks;
(iii)
the poultry must remain on the holding of destination for at least 21 days from the date of their arrival, if that holding is situated outside the control or monitoring area.
(d)
day-old chicks hatched from eggs collected from holdings which were on the date of collection situated in the monitoring area to holdings under official control on its territory;
(e)
day-old chicks hatched from eggs collected from holdings which were on the date of collection situated outside the control or monitoring area to any holding, provided that the hatchery of dispatch can ensure by its logistics and by its hygienic working conditions that no contact has occurred between those eggs and any other hatching eggs or day-old chicks originating from poultry flocks within the monitoring area and which are therefore of a different health status.
Article 10
Derogations for hatching eggs
1. By way of derogation from Article 6(d), the affected Member State may authorise the transport of hatching eggs collected from holdings that were situated in the control area on the date of collection:
(a)
to a hatchery designated by the competent authority within its territory;
(b)
to any hatchery provided that:
(i)
poultry on the holding have tested negative in a serological survey for HPAI H5N1 capable of detecting 5 % prevalence of disease with at least a 95 % level of confidence; and
(ii)
the conditions provided for in Article 21(1)(b), (c) and (d) of Decision 2006/416/EC are fulfilled;
(c)
to an establishment for the manufacture of egg products as set out in Chapter II of Section X of Annex III to Regulation (EC) No 853/2004 to be handled and treated in accordance with Chapter XI of Annex II to Regulation (EC) No 852/2004 of the European Parliament and of the Council (16); or
(d)
for disposal.
2. By way of derogation from Article 6(d), the affected Member State may authorise the dispatch of hatching eggs or SPF-eggs collected on holdings in the control area to designated laboratories, institutes or vaccine manufacturers for scientific, diagnostic or pharmaceutical uses.
3. The animal health certificates accompanying consignments of hatching eggs referred to in paragraph 1(b) and paragraph 2 dispatched to other Member States shall include the following:
‘This consignment complies with the animal health conditions laid down in Commission Decision 2006/563/EC’.
Article 11
Derogations for meat, minced meat, meat preparations, mechanically separated meat and meat products
By way of derogation from Article 6(e), the affected Member State may authorise the dispatch from the control area of:
(a)
fresh meat from poultry including meat of farmed feathered game, originating in or outside that area and:
(i)
produced in accordance with Annex II and Sections II and III of Annex III to Regulation (EC) No 853/2004; and
(ii)
controlled in accordance with Sections I, II, III, and Chapters V and VII of Section IV of Annex I to Regulation (EC) No 854/2004;
(b)
minced meat, meat preparations, mechanically separated meat and meat products containing meat referred to in point (a) and produced in accordance with Sections V and VI of Annex III to Regulation (EC) No 853/2004;
(c)
fresh meat, minced meat and mechanically separated meat from poultry, including meat of farmed feathered game and meat preparations and meat products containing such meat, obtained from slaughter poultry or farmed feathered game originating in or outside the control area to its national territory, provided such meat:
(i)
has been identified in accordance with Article 4 of Directive 2002/99/EC, either with the mark provided for in Annex II to that Directive or the national mark established in accordance with Article 4 of Regulation (EC) No 2076/2005;
(ii)
has been obtained, cut, stored and transported separately from other fresh meat from poultry or farmed feathered game destined for dispatch to other Member States or for exports to third countries; and
(iii)
is used in such a way as to avoid it being introduced into meat products or meat preparations intended for placing on the market in other Member States or for export to third countries, unless it has undergone the treatment, as required for avian influenza specified in table 1(a), (b) or (c) of Annex III to Directive 2002/99/EC.
(d)
fresh meat, minced meat, mechanically separated meat from poultry, farmed feathered game and wild feathered game taken from the wild in the area before the control area was established or outside the control area, and meat preparations and meat products containing such meat, produced in establishments in the control area.
Article 12
Derogations for animal by-products
1. By way of derogation from Article 6(g), the affected Member State shall authorise:
(a)
the dispatch from the control area of animal by-products of avian origin which:
(i)
comply with the conditions set out in the following Annexes, or parts thereof, to Regulation (EC) No 1774/2002:
-
Annex V;
-
Chapters II(A), III(B), IV(A), Chapter VI(A) and (B), and Chapters VII(A), VIII(A), IX(A) and X(A) of Annex VII; and
-
Chapter II(B), Chapter III(II)(A) and Chapter VII(A)(1)(a) of Annex VIII; or
(ii)
are transported under biosecurity measures to avoid the spread of the avian influenza virus to designated plants approved in accordance with Articles 12 to 15 or Articles 17 or 18 of Regulation (EC) No 1774/2002 for disposal, further transformation or use which ensure at least the inactivation of that virus; or
(iii)
are transported under biosecurity measures to avoid the spread of the avian influenza virus to users or collection centres authorised and registered in accordance with Article 23(4) of Regulation (EC) No 1774/2002 for the feeding of animals after a treatment in accordance with points (5)(a)(ii) and (iii) of Annex IX to that Regulation to ensure at least the inactivation of the avian influenza virus;
(b)
the dispatch from the control area to other Member States of untreated feathers or parts of feathers in accordance with point 1(a) of Section A of Chapter VIII of Annex VIII to Regulation (EC) No 1774/2002, produced from poultry or farmed feathered game;
(c)
the dispatch from the control area of feathers and parts of feathers that have been treated with a steam current, or by some other method that ensures that no pathogens remain, produced from poultry or wild feathered game;
2. The affected Member State shall ensure that the products referred to in paragraph (1)(b) and (c) of Article are accompanied by a commercial document in accordance with Chapter X of Annex II to Regulation (EC) No 1774/2002 stating, in the case of the products referred to in paragraph 1(c) of this Article, in point 6.1 of that document that those products have been treated with a steam current or by some other method ensuring that no pathogens remain.
However, that commercial document shall not be required for processed decorative feathers, processed feathers carried by travellers for their private use or consignments of processed feathers sent to private individuals for non-industrial purposes.
3. By derogation from Article 6(f) the transport or spread of unprocessed manure from poultry holdings within the control area may be authorised if originating from stables or sheds:
(a)
from where poultry has been moved in accordance with paragraph 1 Article 9(1)(a) and (b) or (2)(a); or
(b)
where poultry and farmed feathered game have been kept for the production of fresh meat produced in compliance with the provisions of Article 11.
Article 13
Conditions for movements
1. Where movements of animals or products thereof covered by this Decision are authorised under Articles 9, 10, 11 or 12, the authorisation shall be based on the favourable results of a risk assessment carried out by the competent authority, and all appropriate biosecurity measures shall be taken to avoid the spread of avian influenza.
2. Where the dispatch, movement or transport of products referred to in paragraph 1 are authorised under Articles 10, 11 or 12, they must be obtained, handled, treated, stored and transported without compromising the animal health status of other products fulfilling all the animal health requirements for trade, placing on the market or export to third countries.
Article 14
Duration of the measures in the control and monitoring areas
1. If the neuraminidase type is confirmed as being different from N1, the measures provided for in Articles 5 to 8 shall no longer apply.
2. If the presence of HPAI H5N1 is confirmed in wild birds, the measures provided for in Articles 5 to 8 shall apply for as long as is necessary having regard to the geographical, limnological, administrative, ecological and epizootiological factors relating to avian influenza and for at least 21 days in the case of the control area and 30 days in the case of the monitoring area following the date of collection from wild birds of the samples on which a HPAI H5N1 virus was confirmed.
Article 15
Derogations concerning the duration of measures in the control and monitoring areas
1. By way of derogation from Article 14(2), the competent authority may decide, following the favourable outcome of a risk assessment taking into account the criteria in Article 3(2), to suspend the measures provided for in Article 6(a) to (g) in the control area and those provided for in Article 8 in the monitoring area, even where further infected wild birds have been found, provided that at least 21 days have lapsed since the initial establishment of the control and monitoring areas and there has been no outbreak of HPAI H5N1 and no suspicion of avian influenza in poultry and other captive birds in those areas.
2. By way of derogation from Article 14(2), where, in accordance with Article 3(5), a control or monitoring area overlap with a surveillance zone and that surveillance zone has been lifted, the competent authority may, on the basis of a favourable outcome of a risk assessment, suspend some or all of the measures provided for in Article 5(a) and (e) and of Article 6 in the control area.
3. By way of derogation from Article 14(2), the competent authority may decide to replace the control area by a monitoring area subject to the following conditions:
(a)
favourable results of a risk assessment, taking into account the criteria in Article 3(2);
(b)
the completion of the measures provided for in Article 5(a);
(c)
at least one visit to each holding has been made as provided for in Article 5(e);
(d)
negative results have been obtained for all laboratory tests carried out as provided for in Article 5(e)(i).
Where the competent authority decides to replace the control area by a monitoring area, it may change the shape and size of that monitoring area provided such monitoring area remains at least 1 km in radius or a band of 1 km in width from the banks of a river or the shores of a lake or coast for a length of at least 3 km. The measures provided for in Article 5(b), (c) and (d) and Article 6(h) and (i) shall be maintained until the end of the 30 day period from the date of the establishment of the control and monitoring areas in accordance with Article 3(1).
Article 16
Information obligations of affected Member State
The affected Member State shall regularly provide to the Commission and the other Member States:
(a)
the necessary information on the epidemiology of HPAI H5N1, and where appropriate the additional control and surveillance measures and the awareness campaigns provided for in Article 5; and
(b)
in advance notification, where the competent authority intends that the measures provided for in Article 7 and 8 are no longer applicable.
Article 17
Repeals
Decision 2006/115/EC is repealed.
Article 18
Compliance
Member States shall immediately adopt and publish the measures necessary to comply with this Decision. They shall immediately inform the Commission thereof.
The affected Member State shall apply those measures as soon as it reasonably suspects the presence of HPAI H5N1 in a wild bird.
Article 19
Addressee
This Decision is addressed to the Member States.
Done at Brussels, 11 August 2006.
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COMMISSION REGULATION (EC) No 783/2008
of 5 August 2008
approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Radicchio Variegato di Castelfranco (PGI))
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,
Whereas:
(1)
In accordance with the first subparagraph of Article 9(1), and in application of Article 17(2) of Regulation (EC) No 510/2006, the Commission has examined Italy’s application for the approval of amendments to the specification of the protected geographical indication ‘Radicchio Variegato di Castelfranco’ registered on the basis of Commission Regulation (EC) No 1107/96 (2), as amended by Commission Regulation (EC) No 1263/96 (3).
(2)
Since the amendments in question are not minor within the meaning of Article 9 of Regulation (EC) No 510/2006, the Commission published the amendment application in the Official Journal of the European Union (4) as required by the first subparagraph of Article 6(2) of that Regulation. As no statement of objection within the meaning of Article 7 of Regulation (EC) No 510/2006 has been sent to the Commission, the amendments should be approved,
HAS ADOPTED THIS REGULATION:
Article 1
The amendments to the specification published in the Official Journal of the European Union regarding the name in the Annex to this Regulation are hereby approved.
Article 2
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 5 August 2008.
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COUNCIL REGULATION (EC) No 45/98 of 19 December 1997 fixing, for certain fish stocks and groups of fish stocks, the total allowable catches for 1998 and certain conditions under which they may be fished
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 3760/92 of 20 December 1992 establishing a Community system for fisheries and aquaculture (1), and in particular Article 8(4) thereof,
Having regard to the 1994 Act of Accession, and in particular Articles 121 and 122 thereof,
Having regard to the proposal from the Commission,
Whereas Article 4 of Regulation (EEC) No 3760/92 requires the Council to formulate, in the light of the available scientific advice and, in particular, of the report prepared by the Scientific, Technical and Economic Committee for Fisheries, the measures necessary to ensure the rational and responsible exploitation of resources on a sustainable basis;
Whereas a management regime making full use of the new management possibilities given by Regulation (EEC) No 3760/92, and in particular the management of catch limitations on a pluriannual and multispecies basis, cannot yet be achieved, due to the need to put into force certain measures for the control of fisheries, to further develop the appropriate administrative framework for a system of limitation of fishing effort, and to enhance scientific knowledge; whereas, until such a management regime is consolidated, limitation of exploitation rates should be guaranteed by the current TAC system;
Whereas, under the terms of Article 8(4) of Regulation (EEC) No 3760/92, it is incumbent upon the Council, in accordance with Article 4, to establish the total allowable catches (TAC) by fishery or group of fisheries; whereas fishing opportunities should be allocated to Member States in accordance with Article 8(4)(ii) of that Regulation;
Whereas it is necessary to establish the principles and certain procedures of fishery management at the Community level, so that Member States can ensure the management of the fleets under their flag or jurisdiction;
Whereas, in order to ensure effective management of these TACs, the specific conditions under which fishing operations occur should be established;
Whereas, in accordance with the provisions laid down in Article 2 of Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for year-to-year management of TACs and quotas (2), it is necessary to indicate which stocks are subject to the various measures fixed therein;
Whereas, in the case of certain stocks fished mainly for reduction to meal and oil, it does not appear necessary to make quota allocations;
Whereas certain stocks of fish in the North Sea should be subject to a TAC for the first time in 1998 in order to guarantee a sustainable use of the resources;
Whereas, in order to prevent overfishing, the Community fisheries for Atlanto-Scandian herring in area II and Horse mackerel in area II, IV and area Vb, VI, VII, VIIIa,b,d,e, XII, XIV should be subjected to allocation among Member States so as these fisheries are properly monitored;
Whereas, in accordance with the second subparagraph of Article 8(4) of Regulation (EEC) No 3760/92, the allocation shall assure relative stability of fishing activities; whereas relative stability can in this case be represented by the catch over a recent and representative period;
Whereas, in order to ensure a better exploitation of the quotas of herring, anchovy, hake, blue whiting, mackerel and megrim, transfers of a part of the quotas from the zone of allocation to adjacent zones should be allowed;
Whereas, in accordance with the procedure provided for in Article 2 of the Agreement on fisheries between the European Economic Community, of the one part, and the Government of Denmark and the Home Government of the Faroe Islands, of the other part (3), the Parties have consulted on their reciprocal fishing rights for 1998; whereas these consultations have been successfully concluded; whereas, as a result, it is possible to fix the TACs, the Community shares and the quotas for certain joint and autonomous stocks, of which part is allocated to the Faroe Islands;
Whereas, in accordance with the procedure provided in Articles 2 and 7 of the Fisheries Agreement between the European Economic Community and the Kingdom of Norway (4), the Community and Norway have held consultations concerning mutual fishing rights for 1998; whereas these consultations have been successfully concluded and it is therefore possible to fix the TACs, the Community shares and the quotas for joint stocks and, where necessary, for other stocks;
Whereas the International Baltic Sea Fishery Commission has recommended TACs for the stocks of cod, salmon, herring and sprat occurring in the waters of the Baltic Sea and the shares thereof for each contracting party; whereas it is appropriate to implement those recommendations;
Whereas the Community has signed the United Nations Convention on the Law of the Sea, which contains principles and rules relating to the conservation and management of the living resources of the sea;
Whereas, in the framework of its wider international obligations, the Community participates in efforts to conserve fish stocks arising in international waters; whereas the extent to which such stocks are fished by vessels of the Community should be viewed in the light of overall fishing activity and the contribution made hitherto by the Community towards their conservation should be taken into account;
Whereas, pursuant to Article 122 of the 1994 Act of Accession, the conditions under which allocations made within the framework of the Accession can be fished will remain identical to those applicable immediately prior to the entry into force of the 1994 Treaty of Accession;
Whereas improved economical utilization of Baltic stocks of herring requires them to be used for purposes other than direct human consumption; whereas the state of these stocks is such that, under appropriate management, there is no danger in implementing such a measure;
Whereas massive catches of young flatfish can be taken in the Southern North Sea in autumn; whereas protection should be given to these fish, in order to achieve a better exploitation;
Whereas the International Baltic Sea Fisheries Commission has recommended certain technical measures for resource conservation to be implemented by its Contracting Parties with effect from 1 January 1998;
Whereas the economical effectiveness of the fishery for horse mackerel in zones VIIIc and IX may be improved by the landing of small horse mackerel within limits compatible with the sustainability of the resource;
Whereas the rebuilding of the stock of herring in the North Sea requires that the special management measures stipulated in Regulation (EC) No 1602/96 (5) should be continued in 1998;
Whereas, according to the most recent scientific advice, the stock of sardine in areas VIIIc and IXa is below minimum biological acceptable levels; whereas it appears necessary to adopt measures to guarantee a balanced exploitation of sardine;
Whereas the conditions defined in Annex I to Council Regulation (EC) No 390/97 (6) of 20 December 1996 fixing, for certain fish stocks and groups of fish stocks, the total allowable catches for 1997 and certain conditions under which they may be fished in 1998 for fishing for sprat in ICES Division IIIa should be maintained;
Whereas, according to scientific advice, the economic efficiency of the exploitation of sole in ICES Divisions IVc and VIId may be improved by the use of fixed gears of 90 mm mesh without putting fish resources at risk;
Whereas, for imperative reasons of common interest, this Regulation will apply from 1 January 1998,
HAS ADOPTED THIS REGULATION:
Article 1
This Regulation fixes for 1998, for certain fish stocks and groups of fish stocks, total allowable catches (TACs) per stock or group of stocks, the share of these catches available to the Community, the allocation of that share among Member States and the specific conditions under which these stocks may be fished (7).
For the purposes of this Regulation, the Skagerrak is bounded on the west by a line drawn from the Hanstholm lighthouse to the Lindesnes lighthouse and on the south by a line drawn from the Skagen lighthouse to the Tistlarna lighthouse and from this point to the nearest point on the Swedish coast.
For the purposes of this Regulation, the Kattegat is bounded on the north by a line drawn from the Skagen lighthouse to the Tistlarna lighthouse and from this point to the nearest point on the Swedish coast and on the south by a line drawn from Hasenøre to Gnibens Spids, from Korshage to Spodsbjerg and from Gilbjerg Hoved to Kullen.
For the purposes of this Regulation, the North Sea shall comprise ICES Sub-area IV and that part of ICES Division IIIa which is not covered by the definition of the Skagerrak given in this Article.
Article 2
TACs for stocks or groups of stocks to which Community rules apply and the share of these catches available to the Community are hereby fixed for 1998 as set out in Annex I.
Article 3
TACs for by-catches of herring taken in certain fisheries are hereby fixed for 1998 as set out in Annex II.
Article 4
The allocation among the Member States of the share available to the Community of the TACs mentioned in Article 2 is fixed for 1998, in the form of fish quotas, in Annex I.
This allocation shall be without prejudice to:
- exchanges made pursuant to Article 9(1) of Regulation (EEC) No 3760/92;
- reallocations made pursuant to Articles 21(4), 23(1) and 32(2) of Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (8);
- additional landings allowed under the stipulations of Article 3 of Regulation (EC) No 847/96;
- quantities withheld in accordance with Article 4 of Regulation (EC) No 847/96;
- deductions made pursuant to Article 5 of Regulation (EC) No 847/96.
Article 5
The stocks which are subject to a precautionary or to an analytical TAC, the stocks to which Articles 3 and 4 of Regulation (EC) No 847/96 shall not apply, and the stocks to which Article 5 (2) of the same Regulation shall apply, are fixed for 1998 in Annex III.
Article 6
1. It shall be prohibited to retain on board or to land catches from stocks for which TACs or quotas are fixed unless:
(i) the catches have been taken by vessels of a Member State having a quota and that quota is not exhausted; or
(ii) the share of the TAC available to the Community (Community share) has not been allocated by quota among Member States and the Community share has not been exhausted; or
(iii) for all species other than herring and mackerel, they are mixed with other species and have been taken with nets whose mesh size is 32 millimetres or less in Regions 1 and 2 or 40 millimetres or less in Region 3 in accordance with Article 2(1) of Council Regulation (EC) No 894/97 of 29 April 1997 laying down certain technical measures for the conservation of fishery resources (9), and are not sorted either on board or on landing; or
(iv) for herring, they are within the limits of paragraph 2; or
(v) for mackerel, they are mixed with horse-mackerel or pilchard and the mackerel does not exceed 10 % of the total weight of mackerel, horse-mackerel and pilchard on board and the catches are not sorted; or
(vi) they are caught during the course of scientific investigations carried out under Regulation (EC) No 894/97.
All landings shall count against the quota, or, if the Community share has not been allocated between Member States by quotas, against the Community share, except for catches made under the provisions of (iii), (iv), (v) and (vi).
2. When fishing with nets whose mesh size is less than 32 millimetres in Regions 1 and 2 other than the Skagerrak and the Kattegat and with nets whose mesh size is less than 40 millimetres in Region 3, it shall be prohibited to retain on board catches of herring mixed with other species unless such catches are not sorted and unless the herring, if mixed with sprat only, does not exceed 10 % by weight of the total weight of herring and sprat combined.
When fishing with nets whose mesh size is less than 32 millimetres in Regions 1 and 2 and with nets whose mesh size is less than 40 millimetres in Region 3, it shall be prohibited to retain on board catches of herring mixed with other species unless such catches are not sorted and unless the herring, if mixed with other species whether or not including sprat, does not exceed 5 % by weight of the total weight of the herring and other species combined.
3. Notwithstanding paragraphs 1 and 2, when any of the catch limitations indicated in Annex II to this Regulation are exhausted, it shall be prohibited for vessels operating within the fisheries to which the relevant catch limitations apply to land catches which are unsorted and which contain herring.
4. The determination of the percentage of by-catches and their disposal shall be made in accordance with Article 2 of Regulation (EC) No 894/97.
Article 7
As regards the herring stock of the North Sea and of the eastern English Channel, transfers of up to 50 % of the quotas may be effected from ICES Divisions IVc and VIId to ICES Division IVb.
As regards the hake stock in zones IIa (EC zone) and IV (EC zone), Member States having a quota in this zone may, on exhaustion of this quota, make transfers from zones Vb (EC zone), VI, VII, XII and XIV and from zones VIIIa, b and d to zone IIa (EC zone) and IV (EC zone).
However, such transfers must be notified in advance to the Commission.
Article 8
1. It shall be prohibited to retain on board herring which are caught from 1 to 15 November 1998 within the area bounded by the following coordinates:
- the southeast coast of Ireland at longitude 07°30'W,
- latitude 51°15'N, longitude 07°30'W,
- latitude 51°15'N, longitude 9°00'W,
- the southern coast of Ireland at longitude 9°00'W.
2. The areas and periods described in this Article may be altered in accordance with the procedure laid down in Article 18 of Regulation (EEC) No 3760/92.
Article 9
By way of derogation from Regulation (EEC) No 2115/77 (10), direct fishing and landing of herring for purposes other than human consumption may be conducted in ICES Division IIId, except Sub-division 24 and that part of Sub-division 25 west of 16°00'E, until 31 December 1998, within the rules provided in Council Regulation (EEC) No 1866/86 of 12 June 1986 laying down certain technical measures for the conservation of fishery resources in the waters of the Baltic Sea, the Belts and the Sound (11).
Article 10
Member States where there occur landings of herring unsorted from the remainder of the catch shall ensure that adequate sampling programmes are in place in order to monitor effectively all landings of by-catches of herring.
It shall be prohibited to land catches of fish containing unsorted herring in harbours where sampling programmes referred to in the first paragraph are not in place.
Article 11
Member States shall adopt special control and management measures and any other measures concerning the capture, sorting or landing of herring taken from the North Sea or from the Skagerrak and Kattegat with a view to ensuring the observance of catch limitations. These measures shall include, in particular:
(i) special control and inspection programmes;
(ii) effort plans, including lists of authorized vessels and, where deemed necessary on the basis of quota exhaustion beyond the level of 70 %, limitations on the activity of authorized vessels;
(iii) control of transhipment and of practices which incur discarding;
(iv) where possible, temporary prohibition of fishing in areas where high by-catch rates of herring, in particular juveniles, are known to occur.
Article 12
Commission inspectors shall, in accordance with Article 29 of Regulation (EEC) No 2847/93 and whenever the Commission deems it necessary for the purposes of this Regulation, carry out independent inspections to verify the implementation by the competent authorities of the sampling programmes and of the detailed measures mentioned in Articles 10 and 11 of this Regulation.
Article 13
The Commission shall prohibit landings of herring if it is deemed that implementation of the measures mentioned in Articles 10 and 11 does not constitute a sufficient guarantee that a strict control of fishing mortality of herring in all fisheries is being achieved.
Article 14
1. All landings of herring caught in ICES areas IIIa, IV and VIId by vessels which carry on board only towed nets of minimum mesh sizes equal to or greater than 32 mm, while taking these catches in the areas, will be counted against a relevant quota as defined in Annex I to this Regulation.
2. All landings of herring caught in ICES areas IIIa, IV and VIId by vessels which carry on board only towed nets of minimum mesh size less than 32 mm, while taking these catches in these areas, will be counted against a relevant quota as defined in Annex II to this Regulation.
3. Herring landed by vessels operating within the conditions defined in paragraph 2 shall not be offered for sale for human consumption.
Article 15
By way of derogation from the second subparagraph of paragraph (a) of Article 9(3) of Regulation (EEC) No 894/97, the period of enlargement of the area in which beam trawling is banned shall be from 1 January to 31 December 1998.
Article 16
Fishing in ICES Divisions IIIb,c,d shall be subject to the following conditions:
(a) Fishing for cod shall be prohibited in the Baltic Sea, the Belts and the Øresund from 10 June to 20 August 1998 inclusive.
(b) All fishing shall be prohibited from 15 May to 31 August 1998 within the area bounded by the following coordinates:
- latitude 55°30'N, longitude 15°30'E,
- latitude 55°30'N, longitude 16°10'E,
- latitude 55°15'N, longitude 16°10'E,
- latitude 55°15'N, longitude 15°30'E.
(c) It shall be prohibited to retain on board the following species of fish which have been taken in the waters and periods listed below:
TABLE
(d) It shall be prohibited, in fishing for salmon (Salmo salar) or sea trout (Salmo trutta):
- to use drifting or anchored nets from 1 June to 15 September 1998 in waters of Sub-division 22 to 31,
- to use drifting or anchored nets from 15 June to 30 September 1998 in waters of Sub-division 32,
- to use drifting lines and anchored lines from 1 April to 15 November 1998 in the waters of Sub-divisions 22 to 31,
- to use drifting lines and anchored lines from 1 July to 15 September 1998 in the waters of Sub-division 32.
The area of prohibition during the closed season is beyond four nautical miles measures from the baselines, except Sub-division 32 and the area east of longitude 22°30'E (Bengtskär lighthouse) inside the Finnish territorial waters and fishing zone where fishing with driftlines and anchored lines is prohibited from 1 July to 15 September 1998.
Article 17
Notwithstanding Article 10(16) of Regulation (EEC) No 894/97, any vessel authorized to fish in the Baltic, Belts or Sound may carry automatic grading equipment in the Kattegat provided that a special fishing permit has been issued to that effect.
The special fishing permit shall define the species, areas, time periods and any other required conditions applicable to the use and carriage on board of the grading equipment.
Article 18
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply with effect from 1 January 1998.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 December 1997.
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COUNCIL DECISION of 21 January 1980 amending Decision 75/365/EEC setting up a Committee of Senior Officials on Public Health (80/157/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the draft Decision from the Commission,
Whereas by Decision 75/365/EEC (1) the Council set up a Committee of Senior Officials on Public Health which has as its task to identify and analyse any difficulties which might arise from the implementation of the Directives relating to the right of establishment and freedom to provide services by doctors, to collect all relevant information on the conditions under which medical care is given in the Member States and to deliver opinions which could guide the Commission's work with a view to possible amendment of the said Directives;
Whereas that Decision has been amended by Decisions 77/455/EEC (2) and 78/689/EEC (3), which entrust the Committee of Senior Officials on Public Health with the same task in relation to the implementation of the measures adopted by the Council regarding the effective exercise of the right of establishment and freedom to provide services of nurses responsible for general care and of dental practitioners;
Whereas the application of the measures adopted by the Council as regards the effective exercise of the right of establishment and freedom to provide services and the coordination of provisions laid down by law, regulation or administrative action in respect of activities of midwives may give rise to problems which should be examined jointly;
Whereas the Committee of Senior Officials on Public Health should be entrusted with this task;
Whereas the terms of reference of that Committee should be extended accordingly,
HAS DECIDED AS FOLLOWS:
Sole Article
Article 2 of Decision 75/365/EEC shall be replaced by the following:
"Article 2
The task of the Committee shall be: - to identify and analyse any difficulties which might arise from the implementation of Directives 75/362/EEC (1), 75/363/EEC (2), 77/452/EEC (3), 77/453/EEC (4), 78/686/EEC (5), 78/687/EEC (6), 80/154/EEC (7) and 80/155/EEC (8),
- to collect all relevant information on: - the conditions under which general and specialist medical care is given by doctors in the Member States,
- the conditions under which nursing care is given in the Member States by nurses responsible for general care,
- the conditions under which general and specialist dental care is given by dental practitioners in the Member States,
- the conditions under which the activities of midwives are carried out in the Member States,
- to deliver opinions to guide the Commission's work with a view to possible amendment of the abovementioned Directives.
(1)See page 1 of this Official Journal. (2)See page 14 of this Official Journal. (3)OJ No L 176, 15.7.1977, p. 1. (4)OJ No L 176, 15.7.1977, p. 8. (5)OJ No L 233, 24.8.1978, p. 1. (6)OJ No L 233, 24.8.1978, p. 10. (7)OJ No L 33, 11.2.1980, p. 1. (8)OJ No L 33, 11.2.1980, p. 8."
(1)OJ No L 167, 30.6.1975, p. 19. (2)OJ No L 176, 15.7.1977, p. 13. (3)OJ No L 233, 24.8.1978, p. 17. Done at Brussels, 21 January 1980.
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COMMISSION DECISION
of 29 October 2007
amending Appendix B of Annex VII to the Act of Accession of Bulgaria and Romania as regards certain establishments in the meat, poultrymeat, fish and milk and milk products sectors in Romania
(notified under document number C(2007) 5210)
(Text with EEA relevance)
(2007/710/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to the Act of Accession of Bulgaria and Romania, and in particular Annex VII, Chapter 5, Section B, Subsection I, paragraph (e) thereto,
Whereas:
(1)
Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (1) and Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (2) provide for certain structural requirements for establishments falling within the scope of those Regulations.
(2)
Annex VII, Chapter 5, Section B, Subsection I, paragraph (a) to the Act of Accession of Bulgaria and Romania provides that certain structural requirements laid down in those Regulations are not to apply to the establishments in Romania listed in Appendix B of Annex VII to the Act of Accession (the list of establishments) until 31 December 2009, subject to certain conditions.
(3)
The list of establishments has been updated by Commission Decision 2007/23/EC of 22 December 2006 amending Appendix B of Annex VII to the 2005 Act of Accession as regards certain establishments in the meat, milk and fish sectors in Romania (3).
(4)
In Romania certain establishments in the meat, poultrymeat, fish and milk and milk products sectors have completed their upgrading process and are now in full compliance with Community legislation. In addition, certain establishments have ceased their activities. Accordingly the list of establishments should be amended to take account of such changes.
(5)
Furthermore, in Romania certain meat, poultrymeat, fish and milk and milk products establishments have difficulties in complying with the relevant structural requirements laid down in Regulations (EC) No 852/2004 and (EC) No 853/2004 due to technical constraints. Those establishments need more time to finalise their upgrading process in order to be in full compliance with the relevant structural requirements laid down in those Regulations. Those establishments should be added to the list of establishments in transition.
(6)
Those establishments have provided guarantees that they have the necessary funds to remedy their outstanding shortcomings within the transitional period. The detailed information regarding the shortcomings for each establishment is available.
(7)
In the interests of clarity of Community legislations, it is appropriate to replace the list of establishment set out in Appendix B of Annex VII to the Act of Accession of Bulgaria and Romania by the list set out in the Annex to this Decision.
(8)
The measures provided for in this Decision are in accordance with the opinion with the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
Article 1
Appendix B of Annex VII to the Act of Accession of Bulgaria and Romania is replaced by the text in the Annex to this Decision.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 29 October 2007.
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COMMISSION DECISION of 16 September 1998 on a common technical regulation for very small aperture terminals (VSATs) satellite earth stations operating in the 4 GHz and 6 GHz frequency bands (notified under document number C(1998) 2723) (Text with EEA relevance) (98/577/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Directive 98/13/EC of the European Parliament and of the Council of 12 February 1998 relating to telecommunications terminal equipment and satellite earth station equipment, including the mutual recognition of their conformity (1), and in particular Article 7(2), second indent, thereof,
Whereas the Commission has adopted the measure identifying the type of satellite earth station equipment for which a common technical regulation is required, as well as the associated scope statement according to Article 7(2), first indent;
Whereas the corresponding harmonised standards, or parts thereof, implementing the essential requirements which are to be transformed into common technical regulations should be adopted;
Whereas in order to ensure continuity of access to markets for manufacturers, it is necessary to allow for transitional arrangements regarding equipment approved according to national type-approval regulations;
Whereas the proposal has been submitted to the Committee (ACTE), according to Article 29(2);
Whereas the common technical regulation to be adopted in this Decision is in accordance with the opinion of ACTE,
HAS ADOPTED THIS DECISION:
Article 1
1. This Decision shall apply to satellite earth station equipment falling within the scope of the harmonised standard identified in Article 2(1).
2. This Decision establishes a common technical regulation covering the very small aperture terminals (VSATs) satellite earth stations operating in the 4 GHz and 6 GHz frequency bands.
Article 2
1. The common technical regulation shall include the harmonised standard prepared by the relevant standardisation body implementing to the extent applicable the essential requirements referred to in Article 17 of Directive 98/13/EC. The reference to the standard is set out in the Annex.
2. Satellite earth station equipment covered by this Decision shall comply with the common technical regulation referred to in paragraph 1, shall meet the essential requirements referred to in Article 5(a) and (b) of Directive 98/13/EC, and shall meet the requirements of any other applicable Directives, in particular Council Directives 73/23/EEC (2) and 89/336/EEC (3).
Article 3
Notified bodies designated for carrying out the procedures referred to in Article 10 of Directive 98/13/EC shall, as regards satellite earth station equipment covered by Article 1(1) of this Decision, use or ensure the use of the harmonised standard referred to in the Annex after the notification of this Decision.
Article 4
1. National type-approval regulations covering equipment within the scope of the harmonised standard referred to in the Annex cease to be applicable with effect from three months after the date of adoption of this Decision.
2. Satellite earth station equipment, approved under such national type-approval regulations may continue to be placed on the national market and put into service.
Article 5
This Decision is addressed to the Member States.
Done at Brussels, 16 September 1998.
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*****
COMMISSION REGULATION (EEC) No 3815/88
of 7 December 1988
amending Regulation (EEC) No 470/88 fixing, for the period 1 January to 31 December 1988, the maximum quantity of certain products of the oils and fats sector to be released for consumption and imported into Spain
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Act of Accession of Spain and Porgtugal,
Having regard to Council Regulation (EEC) No 475/86 of 25 February 1986 laying down general rules for the system for controlling the prices and quantities of certain products in the oils and fats sector released for consumption in Spain (1), as last amended by Regulation (EEC) No 1930/88 (2), and in particular Article 16 thereof,
Whereas Council Regulation (EEC) No 1930/88 amends Article 4 of Regulation (EEC) No 475/86 to provide for the establishment of the forecast supply balance for sunflower oil in respect of the marketing year; whereas Commission Regulation (EEC) No 1183/86 of 21 April 1986 laying down detailed rules for the system for controlling the prices and the quantities of certain products in the oils and fats sector released for consumption in Spain and making specific provisions (3), as last amended by Regulation (EEC) No 3729/88 (4), has been adapted accordingly; whereas it is therefore necessary to amend Commission Regulation (EEC) No 470/88 (5), as amended by Regulation (EEC) No 1133/88 (6), as regards sunflower in order to take account of the change in the period to be considered when establishing the forecast supply balance for sunflower oil;
Whereas the measures provided for in this Regulation are in acordance with the opinion of the Management Committee for Oils and Fats,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 470/88 is hereby amended as follows:
1. Articles 1 (a) and (2) are deleted;
2. Article 3 is replaced by the following:
'Article 3
For the period 1 January to 31 July 1988, the following quantities shall apply:
(a) the quantity of sunflower oil for human consumption to be released for that purpose in Spain shall be 187 000 tonnes;
(b) the quantity of sunflower oil for human consumption to be imported into Spain shall be 0 tonnes;
(c) the quantity of sunflower seed harvested in Spain and used for the production of oil intended for export which may qualify for the compensatory aid referred to in Article 41 of Regulation (EEC) No 475/86 is hereby fixed at 150 000 tonnes.'
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 December 1988.
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COMMISSION DECISION of 11 March 1991 on the establishment of the Community support framework for Community structural assistance on the improvement of the conditions under which fishery and aquaculture products are processed and marketed in Denmark (Only the Danish text is authentic) (91/199/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 4042/89 of 19 December 1989 on the improvement of the conditions under which fishery and aquaculture products are processed and marketed (1), and in particular Article 5 (2) thereof,
After consultation of the Standing Committee on the Fishing Industry,
Whereas the Danish Government submitted to the Commission on 30 March 1990 the sectoral plan on the modernization of the conditions under which fishery and aquaculture products are processed and marketed, referred to in Article 2 of Regulation (EEC) No 4042/89;
Whereas the plan submitted by the Member State includes descriptions of the main priorities selected and indication of the use to be made of assistance under the European Agricultural Guidance and Guarantee Fund (EAGGF), Guidance Section in implementing the plan;
Whereas this Community support framework has been established in agreement with the Member State concerned through the partnership defined in Article 4 of Council Regulation (EEC) No 2052/88 of 24 June 1988 on the tasks of the Structural Funds and their effectiveness and on coordination of their activities between themselves and with the operations of the European Investment Bank and the other existing financial instruments (2);
Whereas the European Investment Bank has also been involved in the preparation of the Community support framework in accordance with Article 8 of Council Regulation (EEC) No 4253/88 (3) laying down provisions for implementing Regulation (EEC) No 2052/88; whereas it has declared its readiness to help implement this framework on the basis of the estimated loan arrangements indicated in this Decision and in accordance with the provisions of its Statute;
Whereas the Commission is prepared to examine the possibility of the other Community lending instruments contributing to the financing of this framework in accordance with the specific provisions governing them;
Whereas in accordance with Article 10 (2) of Regulation (EEC) No 4253/88, this Decision is to be sent as a declaration of intent to the Member State;
Whereas in accordance with Article 20 (1) and (2) of Regulation (EEC) No 4253/88 budgetary commitments relating to the contribution from the Structural Funds to the financing of the operations covered by the Community support framework will be made on the basis of subsequent Commission Decisions approving the operations concerned,
HAS ADOPTED THIS DECISION: Article 1 The Community support framework for Community structural assistance on the improvement of the conditions under which fishery and aquaculture products are processed and marketed in Denmark, covering the period 1 January 1991 to 31 December 1993, is hereby approved.
The Commission declares that it intends to contribute to the implementation of this Community support framework in accordance with the detailed provisions thereof and in compliance with the rules and guidelines of the Structural Funds and the other existing financial instruments. Article 2 The Community support framework contains the following essential information:
(a) a statement of the main priorities for joint action:
1. processing of fishery and aquaculture products;
2. marketing of fishery and aquaculture products;
(b)
an indicative financing plan specifying, at constant 1991 prices, the total cost of the priorities adopted for joint action by the Community and the Member State concerned, ECU 32,333 million for the whole period, and the financial arrangements envisaged for budgetary assistance from the Community, broken down as follows:
(million ECU)
(a)
1. Processing of fishery and aquaculture
products
9,300
2. Marketing of fishery and aquaculture
products
0,400
The resultant national financing requirement, approximately ECU 1,617 million for the public sector and ECU 21,016 million for the private sector, may be partially
covered by Community loans from the European Investment Bank and the other loan instruments. Article 3 This declaration of intent is addressed to the Kingdom of Denmark.
Done at Brussels, 11 March 1991.
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COMMISSION REGULATION (EEC) No 3297/90
of 14 November 1990
concerning the stopping of fishing for anchovy by vessels flying the flag of France
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2241/87 of 23 July 1987 establishing certain control measures for fishing activities (1), as last amended by Regulation (EEC) No 3483/88 (2), and in particular Article 11 (3) thereof,
Whereas Council Regulation (EEC) No 4047/89 of 19 December 1989 fixing, for certain fish stocks and groups of fish stocks, the total allowable catches for 1990 and certain conditions under which they may be fished (3), as last amended by Regulation (EEC) No 1887/90 (4), provides for anchovy quotas for 1990;
Whereas, in order to ensure compliance with the provisions relating to the quantitative limitations on catches of stocks subject to quotas, it is necessary for the Commission to fix the date by which catches made by vessels flying the flag of a Member State are deemed to have exhausted the quota allocated;
Whereas, according to the information communicated to the Commission, catches of anchovy in the waters of ICES division VIII by vessels flying the flag of France or registered in France have reached the quota allocated for 1990,
HAS ADOPTED THIS REGULATION:
Article 1
Catches of anchovy in the waters of ICES division VIII by vessels flying the flag of France or registered in France are deemed to have exhausted the quota allocated to France for 1990.
Fishing for anchovy in the waters of ICES division VIII by vessels flying the flag of France or registered in France is prohibited, as well as the retention on board, the transhipment and the landing of such stock captured by the abovementioned vessels after the date of entry into force of this Regulation.
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 November 1990.
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*****
COUNCIL REGULATION (EEC) No 2189/89
of 18 July 1989
amending Annex I to Regulation (EEC) No 288/82 on common rules for imports
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas the multilateral trade negotiations under the GATT, which opened pursuant to the Ministerial Declaration adopted at Punta del Este on 20 September 1986, resulted in an interim result in the Tropical Products Negotiating Group at the Montreal Mid-term Review in December 1988;
Whereas the Community's contribution to this result on tropical products consists of a significant number of tariff reductions on a most favoured nation basis, the elimination of a number of quantitative restrictions applied by Member States and a series of concessions for least-developed developing countries;
Whereas the Community has found the concessions made by other countries participating in the negotiations constitue an acceptable result;
Whereas the Ministerial Declaration adopted at Punta del Este provides for the early implementation of results obtained in the area of tropical products; whereas the Community has found it necessary, therefore, to implement its contribution on tropical products on an autonomous basis pending the end of the current round of multilateral trade negotiations within the framework of GATT;
Whereas it is therefore necessary to delete those quantitative restrictions on tropical products, set out in the Community's contribution, from Annex I to Regulation (EEC) No 288/82 (1) as last amended by Regulation (EEC) No 3982/86 (2),
HAS ADOPTED THIS REGULATION:
Article 1
1. The quantitative restrictions applied by some Member States to certain products originating in third countries as set out in the Annex shall be abolished as from 1 July 1989.
2. The products to which the quantitative restrictions referred to in paragraph 1 apply shall be deleted from Annex I to Regulation (EEC) No 288/82.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 July 1989.
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Commission Regulation (EC) No 231/2004
of 10 February 2004
concerning the classification of certain goods in the Combined Nomenclature
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff(1), and in particular Article 9(1)(a) thereof,
Whereas:
(1) In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation.
(2) Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules also apply to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific Community provisions, with a view to the application of tariff and other measures relating to trade in goods.
(3) Pursuant to the said general rules, the goods described in column 1 of the table set out in the Annex to this Regulation should be classified under the CN code indicated in column 2, by virtue of the reasons set out in column 3.
(4) It is appropriate to provide that binding tariff information issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature and which is not in accordance with this Regulation, can, for a period of three months, continue to be invoked by the holder, according to Article 12(6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code(2).
(5) The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,
HAS ADOPTED THIS REGULATION:
Article 1
The goods described in column 1 of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column 2 of that table.
Article 2
Binding tariff information issued by the customs authorities of Member States which is not in accordance with this Regulation can continue to be invoked for a period of three months pursuant to Article 12(6) of Regulation (EEC) No 2913/92.
Article 3
This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 10 February 2004.
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COMMISSION REGULATION (EC) No 1698/2004
of 30 September 2004
setting the coefficients applicable to cereals exported in the form of Scotch whisky for the period 2004/05
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1),
Having regard to Commission Regulation (EEC) No 2825/93 of 15 October 1993 laying down certain detailed rules for the application of Council Regulation (EEC) No 1766/92 as regards the fixing and granting of adjusted refunds in respect of cereals exported in the form of certain spirit drinks (2), and in particular Article 5 thereof,
Whereas:
(1)
Article 4(1) of Regulation (EEC) No 2825/93 lays down that the quantities of cereals eligible for the refund are to be the quantities placed under control and distilled, weighted by a coefficient to be fixed annually for each Member State concerned. The coefficient expresses the average ratio between the total quantities exported and the total quantities marketed of the spirit drink concerned, on the basis of the trend noted in those quantities during the number of years corresponding to the average ageing period of the spirit drink in question.
(2)
On the basis of the information supplied by the United Kingdom on the period 1 January to 31 December 2003, the average ageing period for Scotch whisky in 2003 was seven years. The coefficients for the period 1 October 2004 to 30 September 2005 should be set accordingly.
(3)
Article 10 of Protocol 3 to the Agreement on the European Economic Area precludes the grant of refunds in respect of exports to Liechtenstein, Iceland and Norway. Moreover, the Community has concluded agreements with certain third countries abolishing export refunds. In accordance with Article 7(2) of Regulation (EEC) No 2825/93, this should therefore be taken into account in the calculation of the coefficients for the period 2004/2005,
HAS ADOPTED THIS REGULATION:
Article 1
For the period 1 October 2004 to 30 September 2005, the coefficients referred to in Article 4 of Regulation (EEC) No 2825/93 applicable to cereals used in the United Kingdom in the production of Scotch whisky shall be as set out in the Annex hereto.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
It shall apply from 1 October 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 September 2004.
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COMMISSION REGULATION (EEC) No 2595/93 of 22 September 1993 laying down detailed rules for implementing Council Regulation (EEC) No 1765/92 as regards the use of land set aside for the production of multiannual raw materials for the manufacture within the Community of products not intended for human or animal consumption
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1765/92 of 30 June 1992 establishing a support system for producers of certain arable crops (1), as amended by Regulation (EEC) No 1552/93 (2), and in particular Article 12 thereof,
Having regard to Council Regulation (EEC) No 1541/93 of 14 June 1993 fixing the non-rotational set-aside rate referred to in Article 7 of Regulation (EEC) No 1765/92 (3), and in particular Article 3 thereof,
Whereas Article 7 (4) of Regulation (EEC) No 1765/92 allows set-aside land to be used for the provision of materials for the manufacture within the Community of products not intended for human or animal consumption, provided that effective control systems are applied;
Whereas Commission Regulation (EEC) No 334/93 of 15 February 1993 laying down detailed implementing rules for the use of land set aside for the provision of materials for the manufacture within the Community of products not primarily intended for human or animal consumption (4) lays down the conditions for the cultivation of annual raw materials on land subject to rotational or non-rotational set-aside; whereas the detailed implementing rules should therefore be laid down for the cultivation of multiannual raw materials on set-aside land not subject to rotation; whereas the provisions of this Regulation should conform to Commission Regulation (EEC) No 2293/92 of 31 July 1992 laying down detailed rules for the application of Council Regulation (EEC) No 1765/92 with regard to the set-aside scheme referred to in Article 7 (5), as last amended by Regulation (EEC) No 2594/93 (6);
Whereas the multiannual raw materials which can be cultivated on set-aside land not subject to rotation and the uses to which they may be put should be defined;
Whereas a claimant for an annual compensatory payment should be required to undertake to use the multiannual raw materials cultivated on the set-aside land exclusively for purposes other than human or animal consumption;
Whereas implementation of this scheme should take account of Member States' legislation, in particular requirements relating to agricultural practice, checks, public health and environmental and criminal law, while minimizing disparities in treatment due to such factors within the Community;
Whereas neither the multiannual raw materials grown on the set-aside land nor the products derived therefrom should benefit from any other aid granted by the Community;
Whereas, in return for the compensation received for the undertaking to set land aside, the claimant must be subject to rules providing for checks based, in particular, on a crop declaration;
Whereas implementation of this scheme should be subject to a system of checks and, where necessary, penalties, in accordance with Commission Regulation (EEC) No 3887/92 (7); whereas, in addition, special rules should be laid down in respect of contracts signed prior to the entry into force of Regulation (EEC) No 334/93;
Whereas the Management Committee for Cereals, Oils and Fats and Dried Fodder has not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
For the purposes of this Regulation, 'claimant' means the person making an area-related aid application with a view to obtaining the annual compensatory payment within the meaning of Articles 2 (5) and 7 (5) of Regulation (EEC) No 1765/92, hereinafter called 'compensation'.
Article 2
1. Multiannual crops on land subject to non-rotational set-aside may only be raw materials which can be used for purposes other than human and/or animal consumption.
2. The land intended for the cultivation of the raw materials referred to in Annex I shall be subject to the provisions of Regulation (EEC) No 2293/92.
Article 3
In order to be eligible for compensation, the claimant wishing to use set-aside land for the cultivation of the raw materials referred to in Annex I shall provide a written undertaking to the competent authority in his Member State when submitting his first area-related aid application that in the event of the utilization or sale of the raw materials concerned they will be put to the uses set out in Annex II.
In his undertaking, the claimant shall declare that he has taken note of the fact that non-compliance with his undertaking leaves him open to the penalties provided for in Regulation (EEC) No 3887/92.
Article 4
Member States may exclude from this scheme only those raw materials listed in Annex I which give rise to difficulties for reasons related to agricultural practice, the carrying out of checks, public health, environmental impact or criminal law. In that event, Member States shall notify the Commission of the raw material(s) the intend to exclude. If the Commission does not respond within 20 working days of receipt of the notification, Member States may proceed with the intended exclusions.
Article 5
Raw materials cultivated on set-aside land and for which compensation is paid, and the products derived from such raw materials may not benefit from the measures financed by the European Agricultural Guidance and Guarantee Fund, Guarantee Section, or from the Community aid provided for in Council Regulation (EEC) No 2078/92 (8) and (EEC) No 2080/92 (9).
Article 6
Claimants shall inform the competent authority each year in their area-related aid applications of the plots subject to non-rotational set-aside, the multiannual crops corresponding to such plots, the length of the crop cycle and the envisaged harvest frequency.
Article 7
1. The competent authority in the Member State concerned shall keep in the database referred to in Article 2 of Council Regulation (EEC) No 3508/92 (10) an up-to-date list of the area-related aid applications submitted each year by each claimant in order to ensure that the conditions for grant of the compensation, in particular the undertakings referred to in Article 6, are complied with.
2. Any supervisory measure needed to ensure that the undertakings arising from the implementation of the provisions of this Regulation are complied with shall be taken in accordance with the procedures set out in Regulation (EEC) No 3887/92.
3. In the event that the undertakings referred to in paragraph 2 are not complied with, the penalties which may be imposed on the claimant shall be those provided for in Regulation (EEC) No 3887/92.
Article 8
Member States may adopt any additional measures needed for the application of this Regulation and shall notify the Commission thereof.
Article 9
Member States shall forward to the Commission within six months at the latest of the end of each marketing year all the information needed for an assessment of this measure, in particular the amount of land subject to non-rotational set-aside for each multiannual species cultivated on it.
Article 10
Pursuant to Article 14 of Regulation (EEC) No 334/93, contracts signed prior to the entry into force of that Regulation shall be performed in accordance with the terms of this Regulation.
Article 11
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, 22 September 1993.
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EIGHTH COUNCIL DIRECTIVE of 10 April 1984 based on Article 54 (3) (g) of the Treaty on the approval of persons responsible for carrying out the statutory audits of accounting documents (84/253/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 54 (3) (g) thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas, under Directive 78/660/EEC (4), the annual accounts of certain types of company must be audited by one or more persons entitled to carry out such audits from which only the companies mentioned in Article 11 of that Directive may be exempted;
Whereas the aforementioned Directive has been supplemented by Directive 83/349/EEC (5) on consolidated accounts;
Whereas the qualifications of persons entitled to carry out the statutory audits of accounting documents should be harmonized ; whereas it should be ensured that such persons are independent and of good repute;
Whereas the high level of theoretical knowledge required for the statutory auditing of accounting documents and the ability to apply that knowledge in practice must be ensured by means of an examination of professional competence;
Whereas the Member States should be given the power to approve persons who, while not fulfilling all the conditions imposed concerning theoretical training, nevertheless have engaged in professional activities for a long time, affording them sufficient experience in the fields of finance, law and accountancy and have passed the examination of professional competence;
Whereas the Member States should also be authorized to adopt transitional provisions for the benefit of professional persons; (1) OJ No C 112, 13.5.1978, p. 6 ; OJ No C 317, 18.12.1975, p. 6. (2) OJ No C 140, 5.6.1979, p. 154. (3) OJ No C 171, 9.7.1979, p. 30. (4) OJ No L 222, 14.8.1978, p. 11. (5) OJ No L 193, 18.7.1983, p. 1.
Whereas the Member States will be able to approve both natural persons and firms of auditors which may be legal persons or other types of company, firms or partnership;
Whereas natural persons who carry out the statutory audits of accounting documents on behalf of such firms of auditors must fulfill the conditions of this Directive;
Whereas a Member State will be able to approve persons who have obtained qualifications outside that State which are equivalent to those required by this Directive;
Whereas a Member State which, when this Directive is adopted, recognizes categories of natural persons who fulfil the conditions imposed in this Directive, but whose level of examination of professional competence is below university, final examination level, should be allowed to continue, under certain conditions and until subsequent coordination, to grant such persons special approval for the purpose of carrying out the statutory audits of the accounting documents of companies and bodies of undertakings, of limited size, when such Member State has not made use of the possibilities for exemption afforded by Community Directives in respect of the preparation of consolidated accounts;
Whereas this Directive does not cover either the right of establishment or the freedom to provide services with regard to persons responsible for carrying out the statutory audits of accounting documents;
Whereas recognition of the approval given to nationals of other Member States for the purpose of carrying out such audits will be specifically regulated by Directives on the taking up and pursuit of activities in the fields of finance, economics and accountancy, as well as on the freedom to provide services in those fields,
HAS ADOPTED THIS DIRECTIVE:
SECTION I Scope
Article 1
1. The coordination measures prescribed in this Directive shall apply to the laws, regulations and administrative provisions of the Member States concerning persons responsible for: (a) carrying out statutory audits of the annual accounts of companies and firms and verifying that the annual reports are consistent with those annual accounts in so far as such audits and such verification are required by Community law;
(b) carrying out statutory audits of the consolidated accounts of bodies of undertakings and verifying that the consolidated annual reports are consistent with those consolidated accounts in so far as such audits and such verification are required by Community law.
2. The persons referred to in paragraph 1 may, depending on the legislation of each Member State, be natural or legal persons or other types of company, firm or partnership (firms of auditors as defined in this Directive).
SECTION II Rules on approval
Article 2
1. Statutory audits of the documents referred to in Article 1 (1) shall be carried out only by approved persons. The authorities of the Member States may approve only: (a) natural persons who satisfy at least the conditions laid down in Articles 3 to 19;
(b) firms of auditors which satisfy at least the following conditions: (i) the natural persons who carry out statutory audits of the documents referred to in Article 1 on behalf of firms of auditors must satisfy at least the conditions imposed in Articles 3 to 19 ; the Member States may provide that such natural persons must also be approved;
(ii) a majority of the voting rights must be held by natural persons or firms of auditors who satisfy at least the conditions imposed in Articles 3 to 19 with the exception of Article 11 (1) (b) ; the Member States may provide that such natural persons or firms of auditors must also be approved. However, those Member States which do not impose such majority at the time of the adoption of this Directive need not impose it provided that all the shares in a firm of auditors are registered and can be transferred only with the agreement of the firm of auditors and/or, where the Member State so provides, with the approval of the competent authority;
(iii) a majority of the members of the administrative or management body of a firm of auditors must be natural persons or firms of auditors who satisfy at least the conditions imposed in Articles 3 to 19 ; the Member States may provide that such natural persons or firms of auditors must also be approved. Where such body has no more than two members, one of those members must satisfy at least those conditions.
Without prejudice to Article 14 (2), the approval of a firm of auditors must be withdrawn when any of the conditions imposed in (b) is no longer fulfilled. The Member States may, however, provide for a period of grace of not more than two years for the purpose of meeting the requirements imposed in (b) (ii) and (iii).
2. For the purposes of this Directive, the authorities of the Member States may be professional associations provided that they are authorized by national law to grant approval as defined in this Directive.
Article 3
The authorities of a Member State shall grant approval only to persons of good repute who are not carrying on any activity which is incompatible, under the law of that Member State, with the statutory auditing of the documents referred to in Article 1 (1).
Article 4
A natural person may be approved to carry out statutory audits of the documents referred to in Article 1 (1) only after having attained university entrance level, then completed a course of theoretical instruction, undergone practical training and passed an examination of professional competence of university, final examination level organized or recognized by the State.
Article 5
The examination of professional competence referred to in Article 4 must guarantee the necessary level of theoretical knowledge of subjects relevant to the statutory auditing of the documents referred to in Article 1 (1) and the ability to apply such knowledge in practice.
Part at least of that examination must be written.
Article 6
The text of theoretical knowledge included in the examination must cover the following subjects in particular: (a) - auditing,
- analysis and critical assessment of annual accounts,
- general accounting,
- consolidated accounts,
- cost and management accounting,
- internal audit,
- standards relating to the preparation of annual and consolidated accounts and to methods of valuing balance sheet items and of computing profits and losses,
- legal and professional standards relating to the statutory auditing of accounting documents and to those carrying out such audits;
(b) in so far as they are relevant to auditing: - company law,
- the law of insolvency and similar procedures,
- tax law,
- civil and commercial law,
- social-security law and law of employment,
- information and computer systems,
- business, general and financial economics,
- mathematics and statistics,
- basic principles of the financial management of undertakings.
Article 7
1. By way of derogation from Articles 5 and 6, a Member State may provide that a person who has passed a university or equivalent examination or holds a university degree or equivalent qualification in one or more of the subjects referred to in Article 6 may be exempted from the test of theoretical knowledge in the subjects covered by that examination or degree.
2. By way of derogation from Article 5, a Member State may provide that a holder of a university degree or equivalent qualification in one or more of the subjects referred to in Article 6 may be exempted from the test of the ability to apply in practice his theoretical knowledge of such subjects when he has received practical training in them attested by an examination or diploma recognized by the State.
Article 8
1. In order to ensure the ability to apply theoretical knowledge in practice, a test of which is included in the examination, a trainee must complete a minimum of three years' practical training in inter alia the auditing of annual accounts, consolidated accounts or similar financial statements. At least two-thirds of such practical training must be completed under a person approved under the law of the Member State in accordance with this Directive ; the Member State may, however, permit practical training to be carried out under a person approved by the law of another Member State in accordance with this Directive.
2. Member States shall ensure that all training is carried out under persons providing adequate guarantees regarding training.
Article 9
Member States may approve persons to carry out statutory audits of the documents referred to in Article 1 (1) even if they do not fulfil the conditions imposed in Article 4, if they can show either: (a) that they have, for 15 years, engaged in professional activities which have enabled them to acquire sufficient experience in the fields of finance, law and accountancy and have passed the examination of professional competence referred to in Article 4, or
(b) that they have, for seven years, engaged in professional activities in those fields and have, in addition, undergone the practical training referred to in Article 8 and passed the examination of professional competence referred to in Article 4.
Article 10
1. Member States may deduct periods of theoretical instruction in the fields referred to in Article 6 from the years of professional activity referred to in Article 9, provided that such instruction is attested by an examination recognized by the State. Such instruction must last not less than one year, nor may it reduce the period of professional activity by more than four years.
2. The period of professional activity as well as the practical training must not be shorter than the programme of theoretical instruction and the practical training required by Article 4.
Article 11
1. The authorities of a Member State may approve persons who have obtained all or part of their qualifications in another State provided they fulfil the following two conditions: (a) the competent authorities must consider their qualifications equivalent to those required under the law of that Member State in accordance with this Directive ; and
(b) they must have furnished proof of the legal knowledge required in that Member State for purposes of the statutory auditing of the documents referred to in Article 1 (1). The authorities of that Member State need not, however, require such proof where they consider legal knowledge obtained in another State sufficient.
2. Article 3 shall apply.
Article 12
1. A Member State may consider to be approved, in accordance with this Directive, those professional persons who were approved by individual acts of that Member State's competent authorities before the application of the provisions referred to in Article 30 (2).
2. The admission of a natural person to a professional association recognized by the State where, according to the law of that State, such admission confers on the members of that association the right to carry out statutory audits of the documents referred to in Article 1 (1), may be considered as approval by individual act for the purposes of paragraph 1 of this Article.
Article 13
Until the application of the provisions referred to in Article 30 (2), a Member State may consider approved, in accordance with this Directive, those professional persons who have not been approved by individual acts of the competent authorities but who have nevertheless the same qualifications in that Member State as persons approved by individual acts who on the date of approval are carrying out statutory audits of the documents referred to in Article 1 (1) on behalf of such approved persons.
Article 14
1. A Member State may consider to be approved in accordance with this Directive those firms of auditors which have been approved by individual acts of that Member State's competent authorities before the application of the provisions referred to in Article 30 (2).
2. The conditions imposed in Article 2 (1) (b) (ii) and (iii) must be complied with no later than the end of a period which may not be fixed at more than five years from the date of application of the provisions referred to in Article 30 (2).
3. Those natural persons who, until the application of the provisions referred to in Article 30 (2), carried out statutory audits of the documents referred to in Article 1 (1) in the name of a firm of auditors may, after that date, be authorized to continue to do so even if they do not fulfil all the conditions imposed by this Directive.
Article 15
Until one year after the application of the provisions referred to in Article 30 (2), those professional persons who have not been approved by individual acts of the competent authorities but who are nevertheless qualified in a Member State to carry out statutory audits of the documents referred to in Article 1 (1) and have in fact carried on such activities until that date may be approved by that Member State in accordance with this Directive.
Article 16
For one year after the application of the provisions referred to in Article 30 (2), Member States may apply transitional measures in respect of professional persons who, after that date, maintain the right to audit the annual accounting documents of certain types of company or firm not subject to statutory audit but who will no longer be able to carry out such audits upon the introduction of new statutory audits unless special measures are enacted for their benefit.
Article 17
Article 3 shall apply to Articles 15 and 16.
Article 18
1. For six years after the application of the provisions referred to in Article 30 (2), Member States may apply transitional measures in respect of persons already undergoing professional or practical training when those provisions are applied who, on completion of their training, would not fulfil the conditions imposed by this Directive and would therefore be unable to carry out statutory audits of the documents referred to in Article 1 (1) for which they had been trained.
2. Article 3 shall apply.
Article 19
None of the professional persons referred to in Articles 15 and 16 or of those persons referred to in Article 18 may be approved by way of derogation from Article 4 unless the competent authorities consider that they are fit to carry out statutory audits of the documents referred to in Article 1 (1) and have qualifications equivalent to those of persons approved under Article 4.
Article 20
A Member State which does not make use of the possibility provided for in Article 51 (2) of Directive 78/660/EEC and in which, at the time of the adoption of this Directive, several categories of natural persons may, under national legislation, carry out statutory audits of the documents referred to in Article 1 (1) (a) of this Directive, may, until subsequent coordination of the statutory auditing of accounting documents, specially approve, for the purpose of carrying out statutory audits of the documents referred to in Article 1 (1) (a) in the case of a company which does not exceed the limits of two of the three criteria established in Article 27 of Directive 78/660/EEC, natural persons acting in their own names who: (a) fulfil the conditions imposed in Articles 3 to 19 of this Directive save that the level of the examination of professional competence may be lower than that required in Article 4 of this Directive ; and
(b) have already carried out the statutory audit of the company in question before it exceeded the limits of two of the three criteria established in Article 11 of Directive 78/660/EEC.
However, if a company forms part of a body of undertakings to be consolidated which exceeds the limits of two of the three criteria established in Article 27 of Directive 78/660/EEC, such persons may not carry out the statutory audit of the documents referred to in Article 1 (1) (a) of this Directive in the case of that company.
Article 21
A Member State which does not make use of the possibility provided for in Article 6 (1) of Directive 83/349/EEC and in which, when this Directive is adopted, several categories of natural persons may, under national legislation, carry out statutory audits of the documents referred to in Article 1 (1) (b) of this Directive may, until subsequent coordination of the statutory auditing of accounting documents, specially approve, for the purpose of carrying out statutory audits of the documents referred to in Article 1 (1) (b), a person approved pursuant to Article 20 of this Directive if on the parent undertaking's balance sheet date, the body of undertakings to be consolidated does not, on the basis of those undertakings' latest annual accounts, exceed the limits of two of the three criteria established in Article 27 of Directive 78/660/EEC, provided that he is empowered to carry out the statutory audit, of the documents referred to in Article 1 (1) (a) of this Directive, of all the undertakings included in the consolidation.
Article 22
A Member State which makes use of Article 20 may allow the practical training of the persons concerned as referred to in Article 8 to be completed under a person who has been approved under the law of that Member State to carry out the statutory audits referred to in Article 20.
SECTION III Professional integrity and independence
Article 23
Member States shall prescribe that persons approved for the statutory auditing of the documents referred to in Article 1 (1) shall carry out such audits with professional integrity.
Article 24
Member States shall prescribe that such persons shall not carry out statutory audits which they have required if such persons are not independent in accordance with the law of the Member State which requires the audit.
Article 25
Articles 23 and 24 shall also apply to natural persons who satisfy the conditions imposed in Articles 3 to 19 and carry out the statutory audit of the documents referred to in Article 1 (1) on behalf of a firm of auditors.
Article 26
Member States shall ensure that approved persons are liable to appropriate sanctions when they do not carry out audits in accordance with Articles 23, 24 and 25.
Article 27
Member States shall ensure at least that the members and shareholders of approved firms of auditors and the members of the administrative, management and supervisory bodies of such firms who do not personally satisfy the conditions laid down in Articles 3 to 19 in a particular Member State do not intervene in the execution of audits in any way which jeopardizes the independence of the natural persons auditing the documents referred to in Article 1 (1) on behalf of such firms of auditors.
SECTION IV Publicity
Article 28
1. Member States shall ensure that the names and addresses of all natural persons and firms of auditors approved by them to carry out statutory audits of the documents referred to in Article 1 (1) are made available to the public.
2. In addition, the following must be made available to the public in respect of each approved firm of auditors: (a) the names and addresses of the natural persons referred to in Article 2 (1) (b) (i) ; and
(b) the names and addresses of the members or shareholders of the firm of auditors;
(c) the names and addresses of the members of the administrative or management body of the firm of auditors.
3. Where a natural person is permitted to carry out statutory audits of the documents referred to in Article 1 (1) in the case of a company according to the conditions referred to in Articles 20, 21 and 22, paragraph 1 of this Article shall apply. The category of company or firm or the bodies of undertakings in respect of which such an audit is permitted must, however, be indicated.
SECTION V Final provisions
Article 29
The Contact Committee set up by Article 52 of Directive 78/660/EEC shall also: (a) facilitate, without prejudice to Articles 169 and 170 of the Treaty, harmonized application of this Directive through regular meetings dealing, in particular, with practical problems arising in connection with its application;
(b) advise the Commission, if necessary, on additions or amendments to this Directive.
Article 30
1. Member States shall bring into force before 1 January 1988 the laws, regulations and administrative provisions necessary for them to comply with this Directive. They shall forthwith inform the Commission thereof.
2. Member States may provide that the provisions referred to in paragraph 1 shall not apply until 1 January 1990.
3. Member States shall ensure that they communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive.
4. Member States shall also ensure that they communicate, to the Commission, lists of the examinations organized or recognized pursuant to Article 4.
Article 31
This Directive is addressed to the Member States.
Done at Brussels, 10 April 1984.
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Commission Regulation (EC) No 1091/2002
of 21 June 2002
amending the export refunds on eggs
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2771/75 of 29 October 1975 on the common organisation of the market in eggs(1), as last amended by Commission Regulation (EC) No 493/2002(2), and in particular Article 8(3) thereof,
Whereas:
(1) The export refunds on eggs were fixed by Commission Regulation (EC) No 1001/2002(3).
(2) It follows from applying the criteria referred to in Article 8 of Regulation (EEC) No 2771/75 to the information known to the Commission that the export refunds at present in force should be altered to the amounts set out in the Annex hereto,
HAS ADOPTED THIS REGULATION:
Article 1
The export refunds on the products listed in Article 1(1) of Regulation (EEC) No 2771/75, exported in the natural state, as fixed in the Annex to Regulation (EC) No 1001/2002 are hereby altered as shown in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on 24 June 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 June 2002.
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*****
COUNCIL REGULATION (EEC) No 2153/84
of 24 July 1984
amending Regulation (EEC) No 1322/83 on the transfer of 550 000 tonnes of common wheat of bread-making quality by French and German intervention agencies
THE COUNCIL OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organization of the market in cereals (1), as last amended by Regulation (EEC) No 1018/84 (2), and in particular Article 8 (3) thereof,
Having regard to the proposal from the Commission,
Whereas Regulation (EEC) No 1322/83 (3) provided in particular for the transfer to Italy of 450 000 tonnes of common wheat of bread-making quality held by the French intervention agency for disposal by the Italian intervention agency in animal feed before 1 August 1984; whereas, under that Regulation, a quantity of 417 580 tonnes has been sold pursuant to Commission Regulation (EEC) No 2794/83 of 6 October 1983 on the sale on the internal market of 450 000 tonnes of common wheat of bread-making quality held by the Italian intervention agency (4); whereas it has not yet been possible to dispose of a residual quantity of 32 420 tonnes stored in Sicily, chiefly due to its location and the current price conditions fixed by the Regulation in question; whereas it is unlikely that this quantity will be disposed of by 31 July 1984, the time limit laid down in Regulation (EEC) No 1322/83 for the disposal of the transferred quantities in animal feed;
Whereas, moreover, the circumstances which prompted the adoption of Regulation (EEC) No 1322/83, that is the need for fodder cereals in certain regions of Italy, will persist in Sicily in the early part of the 1984/85 marketing year; whereas Regulation (EEC) No 1322/83 should therefore be extended for as long as is necessary to dispose of the quantities concerned; whereas, however, the price conditions laid down in Regulation (EEC) No 2794/83 will have to be adapted to the market situation at the beginning of the 1984/85 marketing year;
Whereas, for the sake of efficient management, a provision should be introduced whereby quantities remaining unsold when the new time limit expires may be regarded as a wheat stock with no specific use and may therefore subsequently be disposed of under Commission Regulation (EEC) No 1836/82 of 7 July 1982 laying down the procedure and conditions for the disposal of cereals held by intervention agencies (5),
HAS ADOPTED THIS REGULATION:
Article 1
The second sentence of the first subparagraph of Article 1 (3) of Regulation (EEC) No 1322/83 is hereby replaced by the following:
'They shall ensure that it is disposed of in animal feed before 1 November 1984. Quantities not disposed of before that date shall be put up for sale again in accordance with Regulation (EEC) No 1836/82.'
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 July 1984.
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COMMISSION REGULATION (EEC) No 2140/93 of 28 July 1993 laying down detailed rules for the application of the minimum import price system for certain soft fruits originating in Hungary, Poland, the Czech Republic, Slovakia, Romania and Bulgaria and fixing the minimum import prices applicable until 30 April 1994
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1988/93 of 19 July 1993 on the system of minimum import prices for certain soft fruits originating in Hungary, Poland, the Czech Republic, Slovakia, Romania und Bulgaria (1), and in particular Article 3 thereof,
Whereas, as a result of the signature of the Association Agreements with Romania and Bulgaria, the Council has extended to those two countries the system of minimum import prices for certain soft fruits now applicable to other Eastern European countries; whereas, by Regulation (EEC) No 1988/93, the Council repealed Council Regulation (EEC) No 1333/92 of 18 May 1992 on the system of minimum import prices for certain soft fruit originating in Hungary, Poland and Czechoslovakia (2) so as to create, by means of a new text, a system applicable to all the Eastern European countries concerned; whereas the rules of application should be amended accordingly;
Whereas, as a result of the extension of the minimum price system to include a new product, fresh strawberries intended for processing, the date of commencement of the marketing year should be brought forward to 1 May, so that the marketing year ends on 30 April as a result;
Whereas Article 1 of Regulation (EEC) No 1988/93 defines the factors to be taken into account when fixing the minimum import price; whereas certain of these factors should be specified;
Whereas under the Association Agreements signed with Hungary, Poland, the Czech Republic, Slovakia, Romania and Bulgaria, observance of these prices must be checked at regular intervals with reference to certain criteria; whereas excessive drops in import prices should be prevented by implementing measures to ensure compliance with the minimum import price;
Whereas, on the basis of the factors referred to in Article 1 of Regulation (EEC) No 1988/93 as specified in this Regulation, a minimum import price should be fixed for the 1993/94 marketing year for the products listed in the Annex to the said Regulation;
Whereas the Management Committee for Fruit and Vegetables and Products Processed from Fruit and Vegetables has not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
For the purpose of fixing the minimum import price:
- the prices of Community products and products imported from the third countries in question shall mean their weighted average over the three previous years,
- the general trend on the Community market shall mean the evolution of the market share of Community products and imports and trends in the use of the different presentations of the same product.
Article 2
During the marketing year, which shall run from 1 May to 30 April of the following year, compliance of the minimum import price for each product shall be checked in accordance with Article 3.
Article 3
Verification of compliance with the minimum import price shall be carried out for each of the products listed in the Annex with reference to the following criteria:
- for each quarter of the marketing year, the average unit value of products imported during the quarter must not be less than the minimum import price fixed,
- for each period of two weeks, the average unit value of products imported during that period must not be less than 90 % of the minimum import price fixed, provided that the quantities imported during period are not less than 4 % of average imports over the three various marketing years for the products in question.
Article 4
In cases where verification shows that at least one of the criteria referred to in Article 3 is not observed, the Commission may apply the measures provided for in Article 2 of Regulation (EEC) No 1988/93 for a period not exceeding three months or two months, depending on whether the criteria not met is the first or the second.
Article 5
For the period ending on 30 April 1994, the minimum import prices for each of the products listed in the Annex to Regulation (EEC) No 1988/93 originating in Hungary, Poland, the Czech Republic, Slovakia, Romania and Bulgaria shall be as set out in the Annex to this Regulation.
Article 6
Commission Regulation (EEC) No 1349/93 (3) is hereby repealed.
Article 7
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
It is applied on import of produce originating in Bulgaria from the date of entry into force of the Interim Agreement with this country. This date will be published by the Commission.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 July 1993.
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COMMISSION DECISION of 1 August 1980 finding that the apparatus described as "Tuthill-8" Celestron Schmidt Camera with accessories' is not a scientific apparatus (80/827/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1798/75 of 10 July 1975 on the importation free of Common Customs Tariff duties of educational, scientific and cultural materials (1), as amended by Regulation (EEC) No 1027/79 (2),
Having regard to Commission Regulation (EEC) No 2784/79 of 12 December 1979 laying down provisions for the implementation of Regulation (EEC) No 1798/75 (3), and in particular Article 7 thereof,
Whereas, by letter dated 28 February 1980, the British Government has requested the Commission to invoke the procedure provided for in Article 7 of Regulation (EEC) No 2784/79 in order to determine whether or not the apparatus described as "Tuthill-8" Celestron Schmidt Camera with accessories', to be used for the photography of astronomically faint objects at a number of wavelengths in order to measure their linear polarization, should be considered as a scientific apparatus and, where the reply is in the affirmative, whether apparatus of equivalent scientific value is currently being manufactured in the Community;
Whereas, in accordance with the provisions of Article 7 (5) of Regulation (EEC) No 2784/79, a group of experts composed of representatives of all the Member States met on 24 June 1980 within the framework of the Committee on Duty-Free Arrangements to examine the matter;
Whereas this examination showed that the apparatus in question is an astronomical photographically apparatus;
Whereas it does not have the requisite objective characteristics making it specifically suited to scientific research ; whereas, moreover, apparatus of the same kind are principally used for non-scientific activities ; whereas its use in the case in question could not alone confer upon it the character of a scientific apparatus ; whereas it therefore cannot be regarded as a scientific apparatus,
HAS ADOPTED THIS DECISION:
Article 1
The apparatus described as "Tuthill-8" Celestron Schmidt Camera with accessories' is not considered to be a scientific apparatus.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 1 August 1980.
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Commission Regulation (EC) No 117/2002
of 23 January 2002
fixing the export refunds on eggs
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2771/75 of 29 October 1975 on the common organization of the market in eggs(1), as last amended by Commission Regulation (EC) No 1516/96(2), and in particular Article 8(3) thereof,
Whereas:
(1) Article 8 of Regulation (EEC) No 2771/75 provides that the difference between prices on the world market for the products listed in Article 1(1) of that Regulation and prices for those products within the Community may be covered by an export refund.
(2) The present market situation in certain third countries and that regarding competition on particular third country markets make it necessary to fix a refund differentiated by destination for certain products in the egg sector.
(3) It follows from applying these rules and criteria to the present situation on the market in eggs that the refund should be fixed at an amount which would permit Community participation in world trade and would also take account of the nature of these exports and their importance at the present time.
(4) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Poultrymeat and Eggs,
HAS ADOPTED THIS REGULATION:
Article 1
The list of codes of products for which, when they are exported, the export refund referred to in Article 8 of Regulation (EEC) No 2771/75 is granted, and the amount of that refund shall be as shown in the Annex hereto.
Article 2
This Regulation shall enter into force on 24 January 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 January 2002.
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COUNCIL REGULATION (EEC) No 1458/80 of 9 June 1980 amending Regulation (EEC) No 1417/78 on the aid system for dried fodder
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1117/78 of 22 May 1978 on the common organization of the market in dried fodder (1), as last amended by Regulation (EEC) No 114/80 (2), and in particular Article 6 (2) thereof,
Having regard to the proposal from the Commission,
Whereas Article 5 of Council Regulation (EEC) No 1417/78 of 19 June 1978 on the aid system for dried fodder (3) set the minimum quality requirements with which the dried fodder referred to in Article 1 of Regulation (EEC) No 1117/78 must comply in order to qualify for the aid, in particular its minimum crude protein content in dry matter;
Whereas Regulation (EEC) No 114/80 added to Article 1 of Regulation (EEC) No 1117/78 certain new products ; whereas, in consequence, it is necessary to supplement Article 5 of Regulation (EEC) No 1417/78 by fixing the minimum crude protein contents for those products;
Whereas Article 1 of Regulation (EEC) No 1117/78, in its amended version, applies as from 1 April 1979 ; whereas it is necessary, therefore, to provide for the application of the measure referred to above as from the same date;
Whereas Article 11 of Regulation (EEC) No 1417/78 lays down the method of adjustment for advance fixings of the additional aid on the basis of the forward prices on the world market ; whereas, however, at the time of such advance fixings, account is not taken of the alteration of the guide price valid for the following marketing year ; whereas, in order to maintain a fair return for agricultural producers of fodder for drying, the amount of the additional aid applicable on the day on which the application is lodged should also be adjusted according to the guide price for the month in which the quantities of dried fodder leave the processing undertaking,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 1417/78 is hereby amended as follows: 1. The first subparagraph of Article 5 (b) is hereby replaced by the following:
"(b) The minimum crude protein content in dry matter shall not be less than: - 8 % for the products listed in Article 1 (a) of Regulation (EEC) No 1117/78,
- 14 % for the products listed in the second indent of Article 1 (b) and (c), second indent of Regulation (EEC) No 1117/78,
- 45 % for the products listed in the first indent of Article 1 (c) of Regulation (EEC) No 1117/78."
2. Article 11 is hereby replaced by the following:
"Article 11
In cases of advance fixing from 1 April 1980, the amount of the additional aid applicable on the day on which the application is lodged shall be adjusted according to: - the difference between the guide price valid on the same day and that valid on the day on (1)OJ No L 142, 30.5.1978, p. 1. (2)OJ No L 16, 22.1.1980, p. 3. (3)OJ No L 171, 28.6.1978, p. 1.
which the quantities of dried fodder leave the processing undertaking,
- a corrective amount calculated with account taken of the trend of forward prices on the world market."
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
However, Article 1 (1) shall apply with effect from 1 April 1979.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 9 June 1980.
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COMMISSION REGULATION (EC) No 491/2008
of 3 June 2008
laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 concerning production refunds in the cereals sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Article 98 in conjunction with Article 4 thereof,
Whereas:
(1)
Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organization of the market in cereals (2) is to be repealed from 1 July 2008 under Article 201(1)(c) of Regulation (EC) No 1234/2007.
(2)
Commission Regulation (EEC) No 1722/93 of 30 June 1993 laying down detailed rules for the application of Council Regulation (EEC) No 1766/92 concerning production refunds in the cereals sector (3) has been substantially amended several times. Following the adoption of Regulation (EC) No 1234/2007 as single CMO Regulation it is appropriate to adapt Regulation (EEC) No 1722/93 accordingly. In the interests of clarity, that Regulation should be repealed and replaced by a new Regulation.
(3)
In view of the special situation of the market in starch, and particularly the need to keep prices competitive in relation to starch produced in third countries and imported as goods in respect of which the import arrangements do not provide sufficient protection for Community producers, Article 96 of Regulation (EC) No 1234/2007 provides for the grant of a production refund for starch obtained from maize, wheat or potatoes and for certain derivatives used in the manufacture of certain products a list of which is drawn up by the Commission, or in the absence of significant domestic production of other cereals for the production of starch, in Finland and Sweden each marketing year a certain amount of starch from barley or oats, in so far as this does not entail an increase in the level of starch production from those two cereals. The granting of this refund aims to enable the user industries concerned to have access to starch and certain derivatives at a lower price than that which would result from applying the rules of the common organization of the market in the products in question.
(4)
Pursuant to Article 98 of Regulation (EC) No 1234/2007, it is necessary to adopt detailed rules for the grant of production refunds, including rules for control and payment, so that the same rules are applied in all Member States.
(5)
The Regulation (EC) No 1234/2007 provides for a list to be drawn up of products the manufacture of which uses starch giving rise to entitlement to the refund.
(6)
To ensure that control measures are effective, provision should be made for beneficiaries of the refund to be approved in advance by the Member States in whose territory the abovementioned products are manufactured.
(7)
It is necessary to define how the production refund is to be calculated and how often it is to be fixed. The most satisfactory calculation method is at present based on the difference between the market price for cereals and the price used to calculate the import duty. For reasons of stability, the production refund should as a general rule be fixed every month and, as a means of checking that the production refund is of the correct value, the prices of cereals should be monitored on the world and the most representatives Community markets. It should be clarified which Community markets are to be monitored, and this monitoring should be limited to maize. Since taking other cereal prices into account has not had any practical effect in the past on calculating the amount of the refund, references to other cereals should therefore not be necessary.
(8)
Production refunds are to be paid for the use of starch and certain derived products in the manufacture of certain goods; detailed information is required to facilitate the appropriate control and payment of the production refunds to applicants; the competent authority in the Member State concerned should be empowered to require applicants to supply any information and allow any checks or inspections necessary to effect such controls.
(9)
The manufacturer of the product may not necessarily use basic starch and it is therefore necessary to draw up a list of certain products derived from starch the use of which will give the manufacturer the right to receive the refund.
(10)
The special characteristics of esterified or etherified starch could lead to certain speculative processing operations designed to receive the production refund more than once; so as to prevent such speculation, measures are needed to ensure that esterified or etherified starch is not reprocessed into a raw material the use of which gives the right to apply for a refund. The level of the security should be adapted to prevent such speculation.
(11)
The production refund should not be paid until processing has taken place. Once processing has taken place, payment should be made within five months following verification by the competent authority that the starch has been processed. However, it should be possible for the manufacturer to receive an advance before completion of the controls.
(12)
With a view to simplification and reducing administrative burdens and the costs of re-converting modified starches it is appropriate to increase the amount of the production refund below which control measures are not deemed to be necessary, without expanding the risk for inappropriate spending of Community resources.
(13)
Commission Regulation (EEC) No 2220/85 of 22 July 1985 laying down common detailed rules for the application of the system of securities for agricultural products (4), applies to the arrangements provided for in this Regulation. Therefore, the primary requirements of the obligations incumbent on manufacturers and guaranteed by the lodging of a security should be defined.
(14)
The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chairman,
HAS ADOPTED THIS REGULATION:
Article 1
1. In accordance with Article 96 of Regulation (EC) No 1234/2007 a production refund (hereinafter called ‘refund’) may be granted to natural or legal persons using starch extracted from wheat, maize, or potatoes, or certain derived products, in the manufacture of the goods listed in Annex I to this Regulation.
For Finland and Sweden, a refund may also be granted for the use of barley and oat starch limited to a total quantity of 50 000 tonnes in Finland and 10 000 tonnes in Sweden.
2. It is decided to grant a refund taking into account, in particular:
(a)
the level of competition with third countries, and the degree of protection against such competition afforded by the mechanisms of the common agricultural policy and the Common Customs Tariff;
(b)
the progress made in the technology of starch manufacture and utilization;
(c)
the degree to which starch is incorporated in the final product and/or the relative value of starch in the final product and/or the importance of the product as an outlet for starch, in the light of competition with other products.
3. The grant of a refund for a product may not cause distortion in the conditions of competition with other products which are not eligible for such refunds.
4. Should it be established that distortion has occurred following the grant of a refund, that refund shall:
(a)
be abolished; or
(b)
adjusted, in so far as is necessary to eliminate the distortion in the conditions of competition.
5. Starches imported into the Community under an import scheme which gives rise to a reduction in import duty may not benefit from a production refund.
6. The decisions provided for in this Article shall be adopted by the Commission in accordance with the procedure referred to in Article 195(2) of Regulation (EC) No 1234/2007.
Article 2
For the purposes of this Regulation the following definitions shall apply:
(a)
‘starch’ means basic starch or a product derived from starch as listed in Annex II;
(b)
‘approved products’ means any of the products listed in Annex I;
(c)
‘the manufacturer’ means the user of the starch for the production of approved products.
Article 3
1. In cases where a refund is granted, it shall be fixed once a month. However, if the prices of maize and/or wheat in the Community or on the world market change in a significant way, the refund calculated in accordance with paragraph 2 can be modified during this month to take account of these changes.
2. The refund per tonne of starch of maize, wheat, barley or oats shall be calculated in particular on the basis of the difference, multiplied by a coefficient of 1,6, between:
(a)
the average of the maize market prices in France and Hungary, valid during the five days preceding the day of fixing; and
(b)
the average of the representative cif Rotterdam import prices used for the determination of the import duties on the maize, noted during the five days preceding the day of the beginning of application.
For the purposes of calculating the difference referred to in the first subparagraph, the following rules shall apply:
(a)
if the maize market price referred to in point (a) is higher than the intervention price referred to in Article 18 of Regulation (EC) No 1234/2007, but less than 155 % of that price, the price to be taken into account shall be the intervention price plus half the difference between the real price and the intervention price;
(b)
if the maize market price referred to in point (a) is higher than 155 % of the intervention price, the price to be taken into account shall be the intervention price plus 27,5 % of the intervention price.
For potato starch a different rate may be set that reflects the minimum price indicated in Article 4a of Council Regulation (EC) No 1868/94 (5). In that case, the calculation shall be made on the basis of the maize market price in France and Hungary referred to in point (a) of the first subparagraph, up to a limit of 115 % of the intervention price.
During July, August and September, the maize price referred to in point (a) of the first subparagraph shall be reduced by the difference between the intervention price for cereals as referred to in Article 18 of Regulation (EC) No 1234/2007 valid in June and that valid in July, save if the price of maize referred to in point (a) of the first subparagraph corresponds already to that valid for the new harvest.
3. The refund payable shall be that calculated in accordance with paragraph 2 and multiplied by the coefficient indicated in Annex II which corresponds to the CN code of the starch actually used to manufacture the approved products.
4. The decisions provided for in this Article shall be adopted by the Commission in accordance with the procedure referred to in Article 195(2) of Regulation (EC) No 1234/2007.
Article 4
1. Manufacturers who intend to claim refunds should apply to the competent authority in the Member State where the starch is used, giving the following information:
(a)
the name and address of the manufacturer;
(b)
the range of products in which starch is used, including those which are on the list in Annex I and those which are not, giving a full description and the CN codes;
(c)
the address(es) of the place(s) where the starch is to be processed into an approved product, if the address is different as these of the manufacturer.
Member States may ask the manufacturer for additional information.
2. Manufacturers shall submit a written undertaking to the competent authority, allowing the competent authorities to carry out all checks and inspections required to monitor the use of the starch and that they will provide any information required.
3. The competent authority shall take measures to ensure that the manufacturer is established and officially recognized in the Member State.
4. On the basis of the information specified in paragraphs 1 and 2, the competent authority shall draw up a list of approved manufacturers which it shall keep up to date.
Only manufacturers thus approved shall be entitled to claim a refund in accordance with Article 5.
Article 5
1. If the manufacturer wishes to apply for a refund, he must address himself in writing to his competent authority to obtain a refund certificate. Applications may be lodged every working day before 13:00 Brussels time.
2. The application must specify:
(a)
the name and address of the manufacturer;
(b)
the quantity of starch to be used;
(c)
in the case of manufacture of a product falling within CN code 3505 10 50, the quantity of starch which will be used;
(d)
the place(s) where the starch will be used;
(e)
the planned dates of the processing operations.
3. The application shall be accompanied by:
(a)
the lodging of a security in accordance with Article 8;
(b)
a declaration by the supplier of the starch that the product to be used has been directly produced from maize, wheat, barley, oats or potatoes, with the exclusion of all use of by-products obtained at the time of the manufacture of other agricultural products or goods.
4. Member States may require additional information.
Article 6
1. As soon as applications submitted in accordance with Article 5 are received, the competent authority shall verify them and shall issue the refund certificate forthwith.
2. Member States shall use national forms for the refund certificate which, without prejudice to the other provisions of Community legislation, shall contain at least the information specified in paragraph 3.
3. The refund certificate shall include the information referred to in Article 5(2) and state the refund rate and the last day of its validity, which shall be the last day of the third month following the month of issue.
However, during July, August and until 24 September included, the validity of the certificates requested during the periods in question is limited to 30 days as from the day on which they are issued, without being able to exceed the limit of 30 September.
4. The rate of the refund applicable and stated on the certificate corresponds to that valid the day of the receipt of the request.
However, where any of the quantities of starch quoted on the certificate is processed during the cereals marketing year following that in which the application was received, the refund payable for that starch which is processed in the new marketing year shall be adjusted according to the difference between the intervention price applicable during the month of delivery of the restitution certificate, and that applicable in the month of processing, multiplied by a coefficient of 1,60. The operative event for the exchange rate applicable to the refund shall be that referred to in Article 2(1) of Regulation (EC) No 1913/2006.
Article 7
1. Manufacturers in possession of a refund certificate delivered in accordance with Article 6 shall be entitled, provided all the requirements of this Regulation have been met, to request payment of the refund indicated on the certificate, after the starch has been used in the manufacture of the approved products concerned.
2. Rights under the certificate shall not be transferable.
Article 8
1. The issue of a certificate shall be subject to the lodging of a security by the manufacturer with the competent authority, equal to EUR 15 per tonne of basic starch, where appropriate multiplied by the coefficient corresponding to the type of starch to be used as set out in Annex II.
2. The security shall be released in accordance with Regulation (EEC) No 2220/85. The primary requirement within the meaning of Article 20 of that Regulation shall be the processing of the quantity of starch stated on the application into approved products within the period of validity of the certificate. However, if a manufacturer has processed at least 90 % of the quantity of starch stated on the application, he shall be deemed to have fulfilled that primary requirement.
Article 9
1. The definitive payment of the refund may be made only after the manufacturer has notified the competent authority of the following information:
(a)
the date or dates of purchase and delivery of the starch;
(b)
the name and address of the suppliers of the starch;
(c)
the name and address of the producers of the starch;
(d)
the date or dates on which the starch was processed;
(e)
the quantity and type of starch, including the CN codes, which has been used;
(f)
the quantity of the approved product shown on the certificate and manufactured using the starch.
2. Where the product mentioned on the certificate falls within CN code 3505 10 50, the notification referred to in paragraph 1 shall be accompanied by the lodging of a security equal to the production refund payable on the manufacture of the product in question. However, where the amount of the production refund is less than EUR 30/tonne of starch, the security shall not be required and the verification and control measures provided for in Article 10 shall not apply.
The primary requirement, within the meaning of Article 20 of Regulation (EEC) No 2220/85, constitutes the use or the export of the product in accordance with the respective provisions of points (a) and (b) of Article 10(1) of this Regulation. The use or the export is to be effected within 12 months following the deadline of validity of the certificate. An extension of maximum six months of this deadline may be considered on the basis of a duly justified request presented to the competent authority.
3. Before payment, the competent authority shall establish that the starch has been used for the manufacture of the approved products in accordance with the information stated on the certificate. This will normally be achieved using administrative checks, but these should be supported by physical checks where necessary.
4. All checks provided for in this Regulation shall be completed within five months of the date on which the competent authority received the information required in paragraph 1.
5. Where the quantity of starch processed is greater than the quantity shown on the certificate, then the extra quantity, up to a limit of 5 %, shall be deemed to have been processed under that document, conferring a right to the refund indicated thereon.
Article 10
1. The security provided for in Article 9(2) shall be released only once the competent authority has received proof that the product falling within CN code 3505 10 50:
(a)
has been used within the customs territory of the Community to manufacture products other than those listed in Annex II; or
(b)
has left the customs territory of the Community, in the case of direct export to third countries.
2. The proof referred to in paragraph 1(a) shall consist of a declaration submitted by the manufacturer to the competent authority, indicating:
(a)
whether the product in question is to be processed;
(b)
that the product will be used to manufacture only products other than those listed in Annex II;
(c)
that the product in question will be sold only to a party who will take the undertaking mentioned in point (b), on the basis of either a contractual clause established for that purpose or a specific condition mentioned in the sales invoice; the manufacturer shall retain a copy of the sales contract or of the sales invoice, to be kept at the disposal of the competent authority;
(d)
that he is aware of the provisions of paragraph 8;
(e)
the name and address of the party who receives the product and the quantity involved if the product is transferred;
(f)
the number of the T 5 control copy if the buyer is located in another Member State.
3. At the end of each quarter, the manufacturer shall forward copies of the declaration referred to in paragraph 2 to his competent authority within 20 working days. On receipt, the competent authority concerned shall forward the same documents to the competent authority of the buyer within 20 working days.
4. Both manufacturers and buyers of the product falling within CN code 3505 10 50 must have stock records of a type approved by the Member States so that compliance with the undertakings and information contained in the manufacturer's declaration referred to in paragraph 2 can be verified. The competent authorities of the Member States will carry out verifications on the basis of these stock records with reference to financial accounts, including invoices and bank extracts, as necessary to satisfy themselves of the quantitative operations recorded.
However, the buyers who, each quarter, use a quantity of the products within this CN code which is less than 1 000 kg, can be exempted from this obligation.
5. The verification provided for in paragraph 4 shall be made by the competent authorities of the respective Member States at the premises of the manufacturer and of the buyer after the end of each quarter. Such checks shall focus on reconciling global data relating to that period for the manufacturers and buyers concerned, and with detailed verification of at least 10 % of all the transactions and utilizations which have taken place.
Such verification shall be determined by the competent authorities on the basis of a risk analysis, taking into account the importance of the quantities and sums involved, findings from previous verifications, and other factors to be decided by the competent control authorities.
Each verification operation must be completed not later than five months after the end of each quarter.
The competent authority of the manufacturer must have the results of each verification at its disposal not later than 20 working days after the end of each check.
Where such verifications take place in two or more Member States, the competent authorities concerned shall communicate the results of the verifications made as part of the procedures referred to in Council Regulation (EEC) No 1468/81 (6).
6. If irregularities are found in 3 % or more of the checks referred to in paragraph 5, the competent authorities shall intensify checks.
Where the results of verifications so warrant, the authority which released the security shall apply the penalty provided for in paragraph 8 to the manufacturer concerned.
7. When the product in question is the subject of intra-Community trade or is exported to third countries via the territory of another Member State, a T 5 control copy shall be issued in accordance with Commission Regulation (EEC) No 2454/93 (7).
Box 104 of the control copy shall include, under the heading ‘Other’, one of the entries listed in Annex III to this Regulation.
8. If the conditions laid down in paragraphs 1 to 7 are not met, the competent authority of the Member State concerned shall, without prejudice to national sanctions, require payment of an amount equivalent to 150 % of the highest refund applicable to the product in question during the 12 preceding months.
Article 11
1. The refund quoted on the certificate shall be paid only for the quantity of starch actually processed. At the same time, the security referred to in Article 8(1) shall be released in accordance with Title V of Regulation (EEC) No 2220/85.
2. The refund shall be paid not later than five months after the date on which the check provided for in Article 9(3) is completed. However, at the request of the manufacturer, the competent authority may advance a sum equivalent to the refund 30 days after receipt of the said information. Apart from cases where the product falls within CN code 3505 10 50, this advance shall be subject to the lodging of a security by the manufacturer equal to 115 % of the sum advanced. The security shall be released in accordance with Article 19(1) of Regulation (EEC) No 2220/85.
Article 12
Member States shall notify to the Commission:
(a)
by the end of the first week of each month, the quantities of starch for which certificate applications as indicated in Article 5(1) were made during the previous month;
(b)
within three months of the end of each quarter of the calendar year the type, quantities and origin of starch (maize, wheat, potatoes, barley or oats) on which refunds were paid and the quantities of products for which the starch was used.
Article 13
Regulation (EEC) No 1722/93 is hereby repealed.
Article 14
This Regulation shall enter into force on 1 July 2008.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 June 2008.
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*****
COMMISSION REGULATION (EEC) No 3319/85
of 27 November 1985
amending Regulation (EEC) No 2049/82 on rules for determining world market prices in the peas and field beans sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1431/82 of 18 May 1982 laying down special measures for peas, field beans and sweet lupins (1), as last amended by Regulation (EEC) No 1485/85 (2), and in particular Articles 3 (7) and 4 (3) thereof,
Whereas Council Regulation (EEC) No 1032/84 (3), amending Regulation (EEC) No 1431/82, extended the existing measures for peas and field beans to cover sweet lupins; whereas the title of Commission Regulation (EEC) No 2049/82 (4) should be amended accordingly;
Whereas, in order to ensure that market developments are suitably reflected, the average world market price of soya cake should be determined systematically, more than once a month, and should be calculated on basis of offers and quotations recorded during a short period preceding the day of its determination; whereas Article 1 of Regulation (EEC) No 2049/82 should be amended accordingly;
Wheras Article 1 (2) of Council Regulation (EEC) No 2036/82 of 19 July 1982, adopting general rules concerning special measures for peas, field beans and sweet lupins (5), as last amended by Regulation (EEC) No 1832/85 (6), provides for the adjustment of the average world market price of soya cake when the level of price quotations for certain competing products make them particularly attractive; whereas the products concerned, the method of calculation and the maximum adjustment should all be specified;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Dried Fodder,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 2049/82 is hereby amended as follows:
1. In the title the words 'peas and field beans' are replaced by 'peas, field beans and sweet lupins'.
2. Article 1 is replaced by the following:
'Article 1
1. The average world market price for soya cake mentioned in Article 1 of Regulation (EEC) No 2036/82 shall be determined twice monthly, in such a way as to allow the aid fixed on the basis of that price to be applied with effect from the first and the 16th day of each month. However, in the event of a major change in the market situation, it may be altered as often as necessary.
2. The price referred to in paragraph 1 shall be determined for 100 kilograms and based on the most favurable offers and qotations recorded during a period beginning on the second working day preceding that of the determination, for delivery within 30 days of the date on which they are recorded'.
3. The following Article 3a is inserted.
'Article 3a
1. For the adjustment referred to in Article 1 (2) of Regulation (EEC) No 2036/82 account shall be taken of the difference between the average world market price for soya cake, weighted by a coefficient reflecting the normal relationship between this price and that of the competing product mentioned below, and the average world market price for corn gluten feed with a crude protein content of 23 %, calculated for a bulk product delivered Rotterdam and with corresponding application of the provisions of this Regulation on calculation of the average world market price for soya cake. If the total crude protein content of the corn gluten feed offered or quoted differs from that specified above the Commission shall make the necessary adjustments.
2. The difference referred to in paragraph 1 shall be given by the following calculation: average world market price for soya cake multiplied by 0,70 and reduced by the average world market price for corn gluten fed.
The adjustment referred to in Article 1 (2) of Regulation (EEC) No 2036/82 may not be greater than this difference.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply from 1 January 1986.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 November 1985.
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COMMISSION REGULATION (EC) No 1350/2004
of 23 July 2004
determining to what extent applications for the right to import for cows and heifers of certain mountain breeds lodged under Regulation (EC) No 1143/98 can be met
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1254/1999 of 17 May 1999 on the common organisation of the market in beef and veal (1),
Having regard to Commission Regulation (EC) No 1143/98 of 2 June 1998 laying down detailed rules for a tariff quota for cows and heifers of specified mountain breeds originating in various third countries, other than for slaughter and amending Regulation (EC) No 1012/98 (2), and in particular Article 5(2) thereof,
Whereas:
(1)
Article 2(2) of Regulation (EC) No 1143/98 provides for the quantities reserved to traditional importers to be assigned in proportion to their imports during the period 1 July 2001 to 30 June 2004.
(2)
Allocation of the quantities available to operators covered by Article 2(3) of the abovementioned Regulation is to be made in proportion to the quantities applied for. Since the quantities applied for exceed those available, a fixed percentage reduction should be set, pursuant to Article 5(2) of Regulation (EC) No 1143/98,
HAS ADOPTED THIS REGULATION:
Article 1
Every application for the right to import lodged in accordance with Regulation (EC) No 1143/98 shall be granted to the following extent:
(a)
for importers covered by Article 2(1)(a) of Regulation (EC) No 1143/98, 100 % of the quantities imported during the period 1 July 2001 to 30 June 2004;
(b)
for importers covered by Article 2(1)(b) of Regulation (EC) No 1143/98, 23,7020 % of the quantities applied for.
Article 2
This Regulation shall enter into force on 24 July 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 July 2004.
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COMMISSION REGULATION (EC) No 226/2006
of 9 February 2006
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables (1), and in particular Article 4(1) thereof,
Whereas:
(1)
Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.
(2)
In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 10 February 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 February 2006.
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Commission Regulation (EC) No 2385/2001
of 6 December 2001
fixing the representative prices and the additional import duties for molasses in the sugar sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the market in sugar(1),
Having regard to Commission Regulation (EC) No 1422/95 of 23 June 1995 laying down detailed rules of application for imports of molasses in the sugar sector and amending Regulation (EEC) No 785/68(2), and in particular Article 1(2) and Article 3(1) thereof,
Whereas:
(1) Regulation (EC) No 1422/95 stipulates that the cif import price for molasses, hereinafter referred to as the "representative price", should be set in accordance with Commission Regulation (EEC) No 785/68(3). That price should be fixed for the standard quality defined in Article 1 of the above Regulation.
(2) The representative price for molasses is calculated at the frontier crossing point into the Community, in this case Amsterdam; that price must be based on the most favourable purchasing opportunities on the world market established on the basis of the quotations or prices on that market adjusted for any deviations from the standard quality. The standard quality for molasses is defined in Regulation (EEC) No 785/68.
(3) When the most favourable purchasing opportunities on the world market are being established, account must be taken of all available information on offers on the world market, on the prices recorded on important third-country markets and on sales concluded in international trade of which the Commission is aware, either directly or through the Member States. Under Article 7 of Regulation (EEC) No 785/68, the Commission may for this purpose take an average of several prices as a basis, provided that this average is representative of actual market trends.
(4) The information must be disregarded if the goods concerned are not of sound and fair marketable quality or if the price quoted in the offer relates only to a small quantity that is not representative of the market. Offer prices which can be regarded as not representative of actual market trends must also be disregarded.
(5) If information on molasses of the standard quality is to be comparable, prices must, depending on the quality of the molasses offered, be increased or reduced in the light of the results achieved by applying Article 6 of Regulation (EEC) No 785/68.
(6) A representative price may be left unchanged by way of exception for a limited period if the offer price which served as a basis for the previous calculation of the representative price is not available to the Commission and if the offer prices which are available and which appear not to be sufficiently representative of actual market trends would entail sudden and considerable changes in the representative price.
(7) Where there is a difference between the trigger price for the product in question and the representative price, additional import duties should be fixed under the conditions set out in Article 3 of Regulation (EC) No 1422/95. Should the import duties be suspended pursuant to Article 5 of Regulation (EC) No 1422/95, specific amounts for these duties should be fixed.
(8) Application of these provisions will have the effect of fixing the representative prices and the additional import duties for the products in question as set out in the Annex to this Regulation.
(9) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,
HAS ADOPTED THIS REGULATION:
Article 1
The representative prices and the additional duties applying to imports of the products referred to in Article 1 of Regulation (EC) No 1422/95 are fixed in the Annex hereto.
Article 2
This Regulation shall enter into force on 7 December 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 6 December 2001.
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COMMISSION DECISION
of 17 August 2005
temporarily recognising the systems for identification and registration of ovine and caprine animals in Great Britain and Northern Ireland, the United Kingdom, according to Article 4(2)(d) of Council Regulation (EC) No 21/2004
(notified under document number C(2005) 3122)
(Only the English text is authentic)
(2005/617/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 21/2004 of 17 December 2003 establishing a system for the identification and registration of ovine and caprine animals and amending Regulation (EC) No 1782/2003 and Directives 92/102/EEC and 64/432/EEC (1), and in particular Article 4(2)(d) thereof,
Whereas:
(1)
The competent authority of the United Kingdom has submitted two requests, accompanied by appropriate documentation, for the recognition of the system of identification and registration of ovine and caprine animals implemented in Great Britain and Northern Ireland respectively.
(2)
Following a Commission veterinary inspection mission in the United Kingdom the Commission experts found that in Great Britain the systems of identification and registration of ovine and caprine animals in place and proposed are generally speaking capable of ensuring compliance with most of the objectives laid down in Regulation (EC) No 21/2004, but a number of weaknesses need to be addressed. In Northern Ireland the proposed system of identification and registration of ovine animals could achieve compliance with most of the objectives laid down in Regulation (EC) No 21/2004, but its implementation would demand a high level of awareness and commitment from all parties involved.
(3)
The competent authority of the United Kingdom has undertaken the commitment to address the concerns raised, and in particular to take the necessary measures to ensure compliance with Regulation (EC) No 21/2004 within 10 weeks of the requested approval being granted.
(4)
The systems of identification and registration of ovine and caprine animals in Great Britain and Northern Ireland should therefore be given provisional approval for the interim period allowing the replacement of the second means of identification for ovine animals by that system, except in the case of animals involved in intra-Community trade.
(5)
The competent authority should carry out appropriate checks in order to verify the proper implementation of the systems of identification and registration of ovine and caprine animals.
(6)
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee of the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
Article 1
The systems for the identification and registration of ovine and caprine animals provided for under Article 4(2)(c) of Regulation (EC) No 21/2004 implemented by the United Kingdom in Great Britain and Northern Ireland are hereby considered to be provisionally operational from 9 July 2005 until 30 April 2006 at the latest.
Article 2
The Commission shall in cooperation with the authorities of the United Kingdom make inspections on the spot to verify implementation of the action proposed by the United Kingdom.
The provisional approval of the system for identification and registration of ovine and caprine animals granted in Article 1 shall be reviewed in the light of the inspection findings by 31 January 2006.
Article 3
Without prejudice to provisions to be laid down according to Article 10(1)(a) of Regulation (EC) No 21/2004 the competent authority shall carry out the appropriate on-the-spot checks each year to verify compliance by keepers with the requirements on identification and registration of ovine and caprine animals.
Article 4
This Decision is addressed to the United Kingdom of Great Britain and Northern Ireland.
Done at Brussels, 17 August 2005.
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COMMISSION REGULATION (EC) No 1324/1999
of 23 June 1999
concerning the classification of certain goods in the Combined Nomenclature
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987(1) on the tariff and statistical nomenclature and on the Common Customs Tariff, as last amended by Commission Regulation (EC) No 861/1999(2), and in particular Article 9 thereof,
(1) Whereas in order to ensure uniform application of the Combined Nomenclature annexed to the said Regulation, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation;
(2) Whereas Regulation (EEC) No 2658/87 has set down the general rules for the interpretation of the Combined Nomenclature and those rules also apply to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific Community provisions, with a view to the application of tariff and other measures relating to trade in goods;
(3) Whereas, pursuant to the said general rules, the goods described in column 1 of the table annexed to the present Regulation must be classified within the appropriate CN codes indicated in column 2, by virtue of the reasons set out in column 3;
(4) Whereas it is accepted that binding tariff information issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature and which do not conform to the rights established by this Regulation, can continue to be invoked, under the provisions in Article 12(6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code(3), for a period of three months by the holder;
(5) Whereas the measures provided for in this Regulation are in accordance with the opinion of the tariff and statistical nomenclature section of the Customs Code Committee,
HAS ADOPTED THIS REGULATION:
Article 1
The goods described in column 1 of the annexed table are now classified within the Combined Nomenclature within the appropriate CN codes indicated in column 2 of the said table.
Article 2
Binding tariff information issued by the customs authorities of Member States which do not conform to the rights established by this Regulation can continue to be invoked under the provisions of Article 12(6) of Regulation (EEC) No 2913/92 for a period of three months.
Article 3
This Regulation shall enter into force on the 21st day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 June 1999.
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