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COUNCIL DECISION
of 7 March 2005
authorising Sweden to apply a reduced rate of taxation to electricity consumed by households and service sector companies situated in certain areas in the north of Sweden in accordance with Article 19 of Directive 2003/96/EC
(2005/231/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity (1), and in particular Article 19(1) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1)
By letter of 20 August 2004, the Swedish authorities applied to the Commission for a derogation allowing them to apply a reduced rate of taxation to electricity consumed by households and service sector companies in the north of Sweden pursuant to Article 19 of Directive 2003/96/EC.
(2)
Since July 1981 a reduced energy tax rate has been applied in Sweden to electricity used in the northern parts of the country, where electricity consumption for heating purposes is on average 25 % higher than elsewhere in the country.
(3)
Reducing the cost of electricity for households and service sector companies in the north of Sweden places those consumers on an equal footing with their counterparts in the southern parts of the country. The measure therefore has regional and cohesion policy objectives.
(4)
The reduced level of taxation on electricity for consumption in the north of Sweden, which rate set out in Directive 2003/96/EC. Furthermore, the tax reduction is proportionate to the extra heating costs borne by households and service sector companies in northern Sweden. Consequently, that level of taxation should ensure that the incentive effect of taxation to increase energy efficiency is maintained.
(5)
The reduction applied for has been reviewed by the Commission and has been found not to distort competition or hinder the operation of the internal market and it is not considered incompatible with Community policy on the environment, energy and transport.
(6)
That approach is in line with the position taken by the Commission in the State aid Case C 42/03 (2), where no objections were raised to the State aid element of the tax reduction for a period ending on 31 December 2005.
(7)
It is therefore appropriate to authorise Sweden to apply a reduced rate of taxation to electricity for consumption in the north of Sweden until 31 December 2005,
HAS ADOPTED THIS DECISION:
Article 1
Sweden is hereby authorised to apply a reduced rate of taxation to electricity consumed by households and service sector companies situated in the municipalities listed in the Annex.
The reduction shall be proportionate to the extra heating costs due to the northern location, in comparison with the rest of Sweden.
The reduced rate shall comply with the requirements of Directive 2003/96/EC, and in particular the minimum rates laid down in Article 10 of that Directive.
Article 2
This Decision shall expire on 31 December 2005.
Article 3
This Decision is addressed to the Kingdom of Sweden.
Done at Brussels, 7 March 2005.
|
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COMMISSION REGULATION (EU) No 299/2010
of 9 April 2010
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,
Whereas:
Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XV, Part A thereto,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.
Article 2
This Regulation shall enter into force on 10 April 2010.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 April 2010.
|
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COMMISSION DECISION
of 2 August 2006
updating the Annexes to the monetary agreement between the Government of the French Republic, on behalf of the European Community, and the Government of His Serene Highness the Prince of Monaco
(2006/558/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community, and in particular Article 111(3) thereof,
Having regard to the Monetary Agreement of 24 December 2001 between the Government of the French Republic, on behalf of the European Community, and the Government of His Serene Highness the Prince of Monaco (1), and, in particular, Article 11(3) and (5) thereof,
Whereas:
(1)
Article 11(2) of the Monetary Agreement between the Government of the French Republic, on behalf of the European Community, and the Government of His Serene Highness the Prince of Monaco (hereinafter the Monetary Agreement) requires the Principality of Monaco to apply the measures adopted by France to implement certain Community acts concerning the activity and prudential supervision of credit institutions and the prevention of systemic risks to payment and securities settlement systems. Those acts are listed in Annex A to the Agreement. A number of acts in Annex A have been amended and the amending acts should be included in that Annex. A number of new Community acts falling within the scope of Article 11(2) of the Monetary Agreement have also been adopted and should be included in Annex A.
(2)
Directive 2001/65/EC of the European Parliament and of the Council of 27 September 2001 amending Directives 78/660/EEC, 83/349/EEC and 86/635/EEC as regards the valuation rules for the annual and consolidated accounts of certain types of companies as well as of banks and other financial institutions (2) concerns the activity and supervision of credit institutions and amends Council Directive 86/635/EEC (3), which is already in Annex A. It therefore falls within the scope of Article 11(2) of the Monetary Agreement and should be included in Annex A.
(3)
Directive 2003/51/EC of the European Parliament and of the Council of 18 June 2003 amending Directives 78/660/EEC, 83/349/EEC and 91/674/EEC on the annual and consolidated accounts of certain types of companies, banks and other financial institutions and insurance undertakings (4) concerns the activity and supervision of credit institutions and also amends Directive 86/635/EEC. It therefore falls within the scope of Article 11(2) of the Monetary Agreement and should also be included in Annex A.
(4)
Directive 2002/47/EC of the European Parliament and of the Council of 6 June 2002 on financial collateral arrangements (5) concerns the prevention of systemic risks to the settlement systems. It therefore falls within the scope of Article 11(2) of the Monetary Agreement and should also be included in Annex A.
(5)
Directive 2002/87/EC of the European Parliament and of the Council of 16 December 2002 on the supplementary supervision of credit institutions, insurance undertakings and investment firms in a financial conglomerate, amending Council Directives 73/239/EEC, 79/267/EEC, 92/49/EEC, 92/96/EEC, 93/6/EEC and 93/22/EEC, and Directives 98/78/EC and 2000/12/EC of the European Parliament and of the Council (6) concerns the activity and supervision of credit institutions. It therefore falls within the scope of Article 11(2) of the Monetary Agreement and should also be included in Annex A.
(6)
Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments amending Council Directives 85/611/EEC and 93/6/EEC and Directive 2000/12/EC of the European Parliament and of the Council and repealing Council Directive 93/22/EEC (7) concerns the activity and supervision of credit institutions. It therefore falls within the scope of Article 11(2) of the Monetary Agreement and should also be included in Annex A.
(7)
Directive 2006/31/EC of the European Parliament and of the Council of 5 April 2006 amending Directive 2004/39/EC on markets in financial instruments, as regards certain deadlines (8) amends Directive 2004/39/EC. It should therefore also be included in Annex A.
(8)
One act currently included in Annex A should be removed from that Annex. Directive 97/5/EC of the European Parliament and of the Council of 27 January 1997 on cross-border credit transfers (9) mainly addresses consumer protection concerns and therefore does not fall within the scope of Article 11(2) of the Monetary Agreement.
(9)
Article 11(4) of the Monetary Agreement requires the Principality of Monaco to adopt measures equivalent to those taken by the Member States in order to apply the Community acts necessary for the implementation of the Monetary Agreement. Those acts are listed in Annex B to the Agreement. Council Framework Decision 2001/413/JHA of 28 May 2001 combating fraud and counterfeiting of non-cash means of payment (10) is intended to complete and ensure consistency of the provisions securing the protection of all means of payment denominated in euros. It falls within the scope of Article 9 of the Monetary Agreement on the fight against fraud and counterfeiting, notably in modern banking systems. In particular, the inclusion of Framework Decision 2001/413/JHA is necessary to complete the protection by Council Framework Decision 2000/383/JHA of 29 May 2000 on increasing protection by criminal penalties and other sanctions against counterfeiting in connection with the introduction of the euro (11), which is mentioned in Article 9 of the Monetary Agreement. It is therefore necessary for the implementation of the Monetary Agreement and should be included in Annex B to the Agreement.
(10)
Council Regulation (EC) No 2182/2004 of 6 December 2004 concerning medals and tokens similar to euro coins (12) is intended to prevent the use of medals and tokens as means of payment in euro and also falls within the scope of Article 9 of the Monetary Agreement. It is therefore necessary for the implementation of the Monetary Agreement and should also be included in Annex B to the Agreement.
(11)
The Annexes to the Monetary Agreement should therefore be amended accordingly. For the sake of clarity, the Annexes should be replaced in their entirety.
(12)
The Monegasque authorities did not request that the Joint Committee established by Article 14 of the Monetary Agreement be convened pursuant to Article 11(5) of that Agreement within two weeks following the adoption of Regulation (EC) No 2182/2004 in order to update Annex B to the Monetary Agreement. Annexes A and B to the Monetary Agreement must therefore both be amended by the Commission.
(13)
At its meetings on 17 June 2004 and 16 June 2005, the Commission informed the Joint Committee of the need to update Annexes A and B to the Monetary Agreement. The Joint Committee took note of the Commission's position,
HAS DECIDED AS FOLLOWS:
Sole Article
The Annexes to the Monetary Agreement between the Government of the French Republic, on behalf of the European Community, and the Government of His Serene Highness the Prince of Monaco are replaced by the text in the Annexes to this Decision.
Done at Brussels, 2 August 2006.
|
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Commission Regulation (EC) No 1404/2002
of 31 July 2002
fixing the import duties in the rice sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3072/95 of 22 December 1995 on the common organisation of the market in rice(1), as last amended by Commission Regulation (EC) No 411/2002(2),
Having regard to Commission Regulation (EC) No 1503/96 of 29 July 1996 laying down detailed rules for the application of Council Regulation (EC) No 3072/95 as regards import duties in the rice sector(3), as last amended by Regulation (EC) No 2831/98(4), and in particular Article 4(1) thereof,
Whereas:
(1) Article 11 of Regulation (EC) No 3072/95 provides that the rates of duty in the Common Customs Tariff are to be charged on import of the products referred to in Article 1 of that Regulation. However, in the case of the products referred to in paragraph 2 of that Article, the import duty is to be equal to the intervention price valid for such products on importation and increased by a certain percentage according to whether it is husked or milled rice, minus the cif import price provided that duty does not exceed the rate of the Common Customs Tariff duties.
(2) Pursuant to Article 12(3) of Regulation (EC) No 3072/95, the cif import prices are calculated on the basis of the representative prices for the product in question on the world market or on the Community import market for the product.
(3) Regulation (EC) No 1503/96 lays down detailed rules for the application of Regulation (EC) No 3072/95 as regards import duties in the rice sector.
(4) The import duties are applicable until new duties are fixed and enter into force. They also remain in force in cases where no quotation is available from the source referred to in Article 5 of Regulation (EC) No 1503/96 during the two weeks preceding the next periodical fixing.
(5) In order to allow the import duty system to function normally, the market rates recorded during a reference period should be used for calculating the duties.
(6) Application of Regulation (EC) No 1503/96 results in import duties being fixed as set out in the Annexes to this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The import duties in the rice sector referred to in Article 11(1) and (2) of Regulation (EC) No 3072/95 shall be those fixed in Annex I to this Regulation on the basis of the information given in Annex II.
Article 2
This Regulation shall enter into force on 1 August 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 31 July 2002.
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COMMISSION DIRECTIVE 96/12/EC of 8 March 1996 amending Council Directive 91/414/EEC concerning the placing of plant protection products on the market (Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (1), as last amended by Commission Directive 95/36/EC (2), and in particular Article 18 (2) thereof,
Whereas Annexes II and III to Directive 91/414/EEC set out the requirements for the dossier to be submitted by applicants respectively for the inclusion of an active substance in Annex I of that Directive and for the authorization of a plant protection product;
Whereas it is necessary to indicate, in Annexes II and III to Directive 91/414/EEC, to the applicants, as precisely as possible, any details on the required information, such as the circumstances, conditions and technical protocols under which certain data have to be generated; whereas these provisions should be introduced as soon as available in order to permit applicants to use them in the preparation of their files;
Whereas it is now possible to introduce more precision with regard to the data requirements concerning ecotoxicological studies on the active substance provided for in Part A, point 8, of Annex II to Directive 91/414/EEC;
Whereas it is also now possible to introduce more precision with regard to the data requirements concerning ecotoxicological studies on the plant protection product provided for in Part A, point 10, of Annex III to Directive 91/414/EEC;
Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Plant Health,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Directive 91/414/EEC is amended as follows:
1. In Part A of Annex II, point 8 'Ecotoxicological studies on the active substance` is replaced by Annex I hereto;
2. in Part A of Annex III, points 10 'Ecotoxicological studies` and 11 'Summary and evaluation of points 9 and 10` are replaced by Annex II hereto.
Article 2
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 March 1997. They shall immediately inform the Commission thereof.
When Member States adopt these measures, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by the Member States.
Article 3
This Directive shall enter into force on 1 April 1996.
Article 4
This Directive is addressed to the Member States.
Done at Brussels, 8 March 1996.
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Commission Decision
of 12 February 2004
concerning the non-inclusion of amitraz in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing this active substance
(notified under document number C(2004) 332)
(Text with EEA relevance)
(2004/141/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market(1), as last amended by Commission Directive 2003/119/EC(2), and in particular the third and the fourth subparagraph of Article 8(2) thereof,
Having regard to Commission Regulation (EEC) No 3600/92 of 11 December 1992 laying down the detailed rules for the implementation of the first stage of the programme of work referred to in Article 8(2) of Council Directive 91/414/EEC concerning the placing of plant protection products on the market(3), as last amended by Regulation (EC) No 2266/2000(4), and in particular Article 7(3A)(b) thereof,
Whereas:
(1) Article 8(2) of Directive 91/414/EEC provided for the Commission to carry out a programme of work for the examination of the active substances used in plant protection products which were already on the market on 25 July 1993. Detailed rules for the carrying out of this programme were established in Regulation (EEC) No 3600/92.
(2) Commission Regulation (EC) No 933/94 of 27 April 1994 laying down the active substances of plant protection products and designating the rapporteur Member States for the implementation of Commission Regulation (EEC) No 3600/92(5), as last amended by Regulation (EC) No 2230/95(6), designated the active substances which should be assessed in the framework of Regulation (EEC) No 3600/92, designated a Member State to act as rapporteur in respect of the assessment of each substance and identified the producers of each active substance who submitted a notification in due time.
(3) Amitraz is one of the 89 active substances designated in Regulation (EC) No 933/94.
(4) In accordance with Article 7(1)(c) of Regulation (EEC) No 3600/92, Austria, being the designated rapporteur Member State, submitted on 6 January 1998 to the Commission the report of its assessment of the information submitted by the notifiers in accordance with Article 6(1) of that Regulation.
(5) On receipt of the report of the rapporteur Member State, the Commission undertook consultations with experts of the Member States as well as with the main notifier Bayer CropScience, as provided for in Article 7(3) of Regulation (EEC) No 3600/92.
(6) The Commission organised two tripartite meeting with the main data submitter and the rapporteur Member State for this active substance on 9 June 2000 and on 21 March 2003.
(7) The assessment report prepared by Austria has been reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health. This review was finalised on 4 July 2003 in the format of the Commission review report for amitraz.
(8) Assessments made on the basis of the information submitted have not demonstrated that it may be expected that, under the proposed conditions of use, plant protection products containing amitraz satisfy in general the requirements laid down in Article 5(1)(a) and (b) of Directive 91/414/EEC. In particular, Article 5(2)(b) provides that an acceptable daily intake (ADI) for man must be taken into account in deciding on the inclusion of an active substance in Annex I. In setting the ADI the possible neurological effects of amitraz had to be considered. These effects were also considered for setting the Acute Reference Dose, i.e. the estimate of the amount of the substance that can be ingested over a short period of time without appreciable health risk to the consumer. It has not been demonstrated for the proposed uses that consumers might not be exposed to amitraz exceeding the Acute Reference Dose. A probabilistic risk assessment was prepared by the notifier. It must however be taken into consideration that agreed criteria for the interpretation of such a probabilistic risk assessment are not yet established and it would not be appropriate, in view of the possible risks, to delay decision-making further until such criteria are agreed.
(9) Amitraz should therefore not be included in Annex I to Directive 91/414/EEC.
(10) Measures should be taken to ensure that existing authorisations for plant protection products containing amitraz are withdrawn within a prescribed period and are not renewed and that no new authorisations for such products are granted.
(11) In the light of the information submitted to the Commission it appears that, in the absence of efficient alternatives for certain limited uses in certain Member States, there is a need for further use of the active substance so as to enable the development of alternatives. It is therefore justified in the present circumstances to prescribe under strict conditions aimed at minimising risk a longer period for the withdrawal of existing authorisations for the limited uses considered as essential for which no efficient alternatives appear currently to be available for the control of harmful organisms.
(12) Any period of grace for disposal, storage, placing on the market and use of existing stocks of plant protection products containing amitraz allowed by Member States, should be limited to a period no longer than 12 months to allow existing stocks to be used in no more than one further growing season.
(13) This Decision does not prejudice any action the Commission may undertake at a later stage for this active substance within the framework of Council Directive 79/117/EEC of 21 December 1978 prohibiting the placing on the market and use of plant protection products containing certain active substances(7), as last amended by Regulation (EC) No 807/2003(8).
(14) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
Article 1
Amitraz shall not be included as an active substance in Annex I to Directive 91/414/EEC.
Article 2
Member States shall ensure that:
1. authorisations for plant protection products containing amitraz are withdrawn by 12 August 2004;
2. from 17 February 2004 no authorisations for plant protection products containing amitraz are granted or renewed under the derogation provided for in Article 8(2) of Directive 91/414/EEC;
3. in relation to the uses listed in column B of the Annex, a Member State specified in column A may maintain in force authorisations for plant protection products containing amitraz until 30 June 2007 provided that it:
(a) ensures that such plant protection products remaining on the market are relabelled in order to match the restricted use conditions;
(b) imposes all appropriate risk mitigation measures to reduce any possible risks in order to ensure the protection of human and animal health and the environment; and
(c) ensures that alternative products or methods for such uses are being seriously sought, in particular, by means of action plans.
The Member State concerned shall inform the Commission on 31 December 2004 at the latest on the application of this paragraph and in particular on the actions taken pursuant to points (a) to (c) and provide on a yearly basis estimates of the amounts of amitraz used for essential uses pursuant to this Article.
Article 3
Any period of grace granted by Member States in accordance with the provisions of Article 4(6) of Directive 91/414/EEC, shall be as short as possible and:
(a) for the uses for which the authorisation is to be withdrawn on 12 August 2004, shall expire not later than 12 August 2005;
(b) for the uses for which the authorisation is to be withdrawn by 30 June 2007, shall expire not later than 31 December 2007.
Article 4
This Decision is addressed to the Member States.
Done at Brussels, 12 February 2004.
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Council Directive
of 21 December 1976
on the examination for trichinae (trichinella spiralis) upon importation from third countries of fresh meat derived from domestic swine
(77/96/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine animals and swine and fresh meat from third countries [1], as last amended by Directive 75/379/EEC [2], and in particular Article 21 thereof,
Having regard to the proposal from the Commission,
Whereas in Directive 72/462/EEC the Council provided in Article 21 for the laying down of the method and procedures required for detecting the presence of trichinae in fresh pigmeat;
Whereas the application of Directive 72/462/EEC will not have the desired effects as long as disparities exist between the Member States as to the guarantees required in respect of the detection of trichinae upon importation of fresh meat from third countries; whereas it is therefore necessary to lay down Community arrangements in this field;
Whereas, in order to protect consumer health, it is necessary that fresh pigmeat be systematically subjected to an examination using methods recognized as effective, in order to eliminate meat containing trichinae;
Whereas when the examination is carried out in the exporting third country, it must be carried out in slaughterhouses which comply with certain conditions and which contain, in particular, a screening laboratory provided with suitable equipment;
Whereas in order to be able to distinguish the meat samples examined from those not examined it is necessary to provide for the affixing of a special mark to meat which has been examined with a negative result;
Whereas there should be a procedure establishing close and effective cooperation between the Commission and the Member States for assessing the advisability of permitting establishments in the third countries to carry out this examination or to work on the meat examined; whereas there should also be a procedure for bringing the technical provisions relating in particular to the examination methods, the requirements concerning the screening laboratories and the procedure for marking examined meat into line with technical progress and with experience acquired;
Whereas the Member States should be allowed to admit fresh meat which has not been screened for trichinae in the exporting third country, provided that this meat, undergoes treatment by freezing; which ensures that any trichinae which may be present are rendered harmless, either in the exporting third country, or in the Member State for which the meat is intended; whereas this treatment must nevertheless be carried out according to certain well defined procedures and establishments fulfilling certain conditions,
HAS ADOPTED THIS DIRECTIVE:
Article 1
The definitions used in this Directive are those contained in Directive 72/462/EEC.
Moreover:
(a) "fresh meat" means fresh meat of domestic swine;
(b) "examination" refers to the examination to detect the presence of trichinae in fresh meat.
Article 2
1. In order to be admitted to intra-Community trade, fresh meat originating in third countries which contains skeletal muscles (striated muscles) shall be examined under the supervision and responsibility of an official veterinarian.
2. The examination shall be carried out in accordance with one of the methods provided for in Annex I, on the whole carcase or, failing this, on each half carcase, quarter carcase or piece to be imported into the Community.
3. The examination shall take place in a slaughterhouse approved in the exporting country in accordance with Article 4 of Directive 72/462/EEC and authorized to carry out this examination in accordance with Article 4 of this Directive.
4. The examination shall take place before the health marking provided for in Chapter X of Annex B to Directive 72/462/EEC.
5. If it is not possible to carry out the examination in the exporting country, the Member State for which the fresh meat is intended may authorize its importation provided that the examination is carried out within its territory at the time of the public health inspection provided for in Article 24 (2) of Directive 72/462/EEC, at an inspection post within the meaning of Article 27 (1) (b) of that Directive.
6. (a) If the outcome of the examination is negative, the fresh meat shall be marked immediately after the examination, in accordance with Annex III.
(b) In the case of ink stamping, use shall be made of a colorant within the meaning of Article 17 (3) of Directive 72/462/EEC.
Article 3
1. By way of derogation from Article 2, the Member State for which it is intended may authorize the exemption from examination of fresh meat from certain third countries or parts of such countries, provided it is frozen in accordance with the provisions of Annex IV.
2. This treatment shall be carried out in an establishment situated in the exporting third country, and described in Article 4 (1).
Freezing in the exporting third country must be the subject of certification by the official veterinarian on the health certificate accompanying the meat, as referred to in Article 22 (3) of Directive 72/462/EEC.
3. If the treatment has not been carried out in the exporting third country, it must be carried out at an inspection post as described in Article 2 (5).
Freezing in a Member State must be the subject of certification by the official veterinarian on the certificates accompanying the meat, as referred to in Article 25 of Directive 72/462/EEC.
Article 4
1. The authorization for a slaughterhouse to carry out the examination and of a cutting plant to cut up or bone meat which has undergone such examination, or the authorization for an establishment to carry out the freezing treatment referred to in Article 3, shall be decided on in accordance with the procedure laid down in Article 9. In addition to the requirements of Article 4 of Directive 72/462/EEC, account shall be taken of the guarantees given in respect of compliance with this Directive and, in the case of slaughterhouses, of:
(a) the presence of the rooms and apparatus necessary for carrying out the examination;
(b) the qualifications of the personnel responsible for carrying out the examination.
Authorization shall be granted to a slaughterhouse and cutting plant only where the competent authorities of the third country concerned have officially recognized that the slaughterhouse and cutting plant are in a position to satisfy the conditions laid down in Article 5 and in Annex III; also, in the case of a slaughterhouse, that it has a laboratory which complies with the conditions laid down in Annex II, Chapter I, and which is in a position to satisfy the requirements of the other chapters of Annex II and those of Annex I.
Authorization shall be granted to an establishment to carry out the freezing treatment only if the competent authorities of the third country concerned have officially recognized that the establishment is in a position to satisfy the conditions laid down in Annex IV.
2. On the list(s) referred to in Article 4 (4) of Directive 72/462/EEC, a special indication shall be inserted against the names of the establishments which have been granted an authorization within the meaning of paragraph 1.
Article 5
1. In slaughterhouses which have been granted an authorization in accordance with Article 4, swine the meat of which is intended for the Community must be slaughtered in different rooms or in the absence thereof at different times from swine the meat of which is not intended for the Community, unless the meat of such swine is examined in accordance with the same procedure.
2. The cutting and boning of meat which has undergone an examination with negative results and is intended for the Community must be carried out in cutting plants, in accordance with Article 4.
In these cutting plants, the cutting and boning of such meat must be carried out in different rooms or in the absence thereof, at different times from meat which is not intended for the Community, unless the meat is examined in accordance with the same procedure.
Article 6
The inspections in third countries provided for in Article 5 of Directive 72/462/EEC must also verify whether the present Directive is being applied.
Article 7
The Member States shall draw up and communicate to the Commission the list of the inspection posts referred to in Article 2 (5) at which:
- the examination,
- the freezing referred to in Article 3,
may be carried out.
They shall ensure that these posts have the equipment necessary for carrying out the operations in question.
Article 8
Acting on a proposal from the Commission, the Council shall decide before 1 January 1979 on any additions to be made to the methods laid down in Annex I.
Article 9
1. Where the procedure laid down in this Article is followed, the matter shall without delay be referred by the chairman, either on his own initiative or at the request of a Member State, to the Standing Veterinary Committee (hereinafter referred to as "the Committee") set up by the Council Decision of 15 October 1968.
2. Within the Committee the votes of the Member States shall be weighted as laid down in Article 148 (2) of the Treaty. The chairman shall not vote.
3. The representative of the Commission shall submit a draft of the measure to be adopted. The Committee shall deliver its opinion on these measures within a time limit set by the chairman having regard to the urgency of the questions under examination. Opinions shall be delivered by a majority of 41 votes.
4. The Commission shall adopt the measures and shall implement them immediately, where they are in accordance with the opinion of the Committee. Where the measures envisaged are not in accordance with the opinion of the Committee, or if no opinion is delivered, the Commission shall without delay submit to the Council a proposal on the measures to be taken.
The Council shall adopt the measures by a qualified majority.
If the Council has not adopted any measures within three months of the date on which the matter is referred to it, the Commission shall adopt the proposed measures and shall implement them immediately save where the Council has decided against such measures by a simple majority.
Article 10
Article 9 shall apply until 21 June 1981.
Article 11
The Member States shall bring into force on 1 January 1979 at the latest the laws, regulations and administrative provisions needed for compliance with this Directive. They shall forthwith inform the Commission thereof.
Article 12
This Directive is addressed to the Member States.
Done at Brussels, 21 December 1976.
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COMMISSION REGULATION (EC) No 804/2007
of 9 July 2007
establishing a prohibition of fishing for cod in the Baltic Sea (Subdivisions 25-32, EC Waters) by vessels flying the flag of Poland
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (1), and in particular Article 26(4) thereof,
Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to common fisheries policy (2), and in particular Article 21(3) thereof,
Whereas:
(1)
Council Regulation (EC) No 1941/2006 of 11 December 2006 fixing the fishing opportunities and associated fishing conditions for certain fish stocks and groups of fish stocks, applicable in the Baltic Sea for 2007 (3), fixes an amount of 10 794 tonnes of cod which may be fished in 2007 in the Baltic Sea (Subdivisions 25-32, EC-waters) by vessels flying the flag of Poland.
(2)
The information obtained by the Commission through inspections carried out by its inspectors and related to the catches of that stock is not consistent with that sent to the Commission by Poland.
(3)
The information in its possession shows that catches of that stock by Polish vessels in 2007 are three times the amounts declared by Poland. Therefore, the fishing opportunities for the said stock allocated to Poland for 2007 are deemed to be exhausted.
(4)
According to Article 21(2) of Regulation (EEC) No 2847/93 Poland has the obligation to provisionally prohibit, as from the date on which its catch quota in question is deemed to be exhausted, the fishing for that stock, the retention on board, the transhipment and the landing of fish taken after that date.
(5)
In the absence of appropriate action taken by Poland, it is necessary that the Commission fixes, at its own initiative, the moment on which the catches by vessels flying the flag of Poland of cod in the Baltic Sea (Subdivisions 25-32, EC-waters) are deemed to have exhausted the quota for Poland, and to immediately prohibit fishing for that stock as from that date. It is also necessary to prohibit retention on board, transhipment and landing of that stock caught by vessels flying the flag of Poland after that date,
HAS ADOPTED THIS REGULATION:
Article 1
Quota exhaustion
Catches of cod in the Baltic Sea (Subdivisions 25-32, EC-waters) by vessels flying the flag of Poland are deemed to have exhausted the part of the quota allocated to Poland for 2007 as from the date of entry into force of this Regulation.
Article 2
Prohibitions
Fishing for cod in the Baltic Sea (Subdivisions 25-32, EC-waters) by vessels flying the flag of Poland shall be prohibited as from the date of entry into force of this Regulation to 31 December 2007. It shall also be prohibited to retain on board, tranship or land such stock caught by those vessels during that period.
Article 3
Entry into force
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 July 2007.
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COUNCIL REGULATION (EC) No 73/2006
of 13 January 2006
amending Regulation (EC) No 92/2002 imposing definitive anti-dumping duty and collecting definitively the provisional anti-dumping duty imposed on imports of urea originating in Belarus, Bulgaria, Croatia, Estonia, Libya, Lithuania, Romania and the Ukraine
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1), and in particular Articles 8 and 9 thereof,
Having regard to the proposal submitted by the Commission after consulting the Advisory Committee,
Whereas:
A. PREVIOUS PROCEDURE
(1)
On 21 October 2000, by means of a notice published in the Official Journal of the European Communities, the Commission announced the initiation of an anti-dumping proceeding (2) in respect of imports of urea (‘the product concerned’) originating in Belarus, Bulgaria, Croatia, Egypt, Estonia, Libya, Lithuania, Poland, Romania and the Ukraine.
(2)
This proceeding resulted in provisional anti-dumping duties being imposed in July 2001 on imports of urea originating in Belarus, Bulgaria, Croatia, Estonia, Libya, Lithuania, Romania and the Ukraine and a termination of the proceeding concerning imports of urea originating from Egypt and Poland by Commission Regulation (EC) No 1497/2001 (3).
(3)
In the same Regulation, the Commission accepted an undertaking offered by the exporting producer in Bulgaria, Chimco AD. Subject to the conditions set out in Regulation (EC) No 1497/2001, imports of the product concerned into the Community from this company were exempted from the said provisional anti-dumping duties, pursuant to Article 3(1) of the same Regulation.
(4)
Definitive duties were later imposed on imports of urea originating in Belarus, Bulgaria, Croatia, Estonia, Libya, Lithuania, Romania and the Ukraine by Council Regulation (EC) No 92/2002 (4). Subject to the conditions set out therein, this Regulation also granted goods produced and directly exported to the first independent customer in the Community by Chimco AD an exemption to the definitive anti-dumping duties as an undertaking had already been accepted definitively from this company at the provisional stage of the proceeding. As mentioned in recital 137 of the definitive Regulation, the minimum price of the undertaking was adapted due to a change in the injury elimination level.
B. FAILURE TO COMPLY WITH THE UNDERTAKING
(5)
The undertaking offered by Chimco AD obliges the company concerned, inter alia, to export the product concerned to the Community at or above certain minimum import price levels (‘MIPs’) specified therein. This minimum price level has to be respected on a quarterly weighted average. The company also undertakes not to circumvent the undertaking by making compensatory arrangements with any other party. Furthermore, Chimco AD is obliged to send to the European Commission a quarterly report of all its exports sales of the product concerned to the European Community.
(6)
Chimco AD failed to submit more data for two quarterly reports in a technically acceptable manner. Further, afterwards, Chimco AD no longer submitted any data in respect of the quarterly reports. It is therefore found, that the company did not respect its obligation to send to the European Commission quarterly reports of all its exports sales of the product concerned to the European Community and had therefore breached the undertaking.
(7)
Commission Regulation (EC) No 2082/2005 (5) sets out in more detail the nature of the breaches found.
(8)
In view of these breaches, acceptance of the undertaking offered by Chimco AD (Taric additional code A272) has been withdrawn by Commission Regulation (EC) No 2082/2005 and a definitive anti-dumping duty should be imposed forthwith on imports of the product concerned when produced and exported by Chimco AD.
(9)
In accordance with Article 8(9) of Regulation (EC) No 384/96, the rate of the anti-dumping duty must be determined on the basis of the facts established within the context of the investigation which led to the undertaking. As the investigation in question was concluded with a final determination as to dumping and injury, by Regulation (EC) No 92/2002, it is considered appropriate that the definitive anti-dumping rate is set at the level and in the form imposed by that Regulation, namely EUR 21,43 per ton before duty, to the net, free-at-Community frontier price.
C. AMENDMENT OF REGULATION (EC) No 92/2002
(10)
In view of the above, Regulation (EC) No 92/2002 should be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 92/2002 is hereby amended as follows:
1.
In Article 1(2), the row concerning Bulgaria shall be replaced by the following:
‘Country of origin
Produced by
Definitive anti-dumping duty (EUR per ton)
TARIC additional code
Bulgaria
All companies
21,43
-’
2.
In Article 2(1) the below line of the table concerning Bulgaria shall be deleted:
‘Country
Company
TARIC additional code
Bulgaria
Chimco AD, Shose az Mezdra, 3037 Vratza
A272’
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 13 January 2006.
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*****
COMMISSION REGULATION (EEC) No 1511/85
of 4 June 1985
amending for the 15th time Regulation (EEC) No 610/77 on the determination of prices of adult bovine animals on representative Community markets and the survey of prices of certain other cattle in the Community
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 805/68 of 27 June 1968 on the common organization of the market in beef and veal (1), as last amended by the Act of Accession of Greece, and in particular Article 12 (7) thereof,
Whereas the information available on the trend in cattle numbers indicates that the coefficients used in calculating the price of adult bovine animals on the representative markets of the Community should be adjusted;
Whereas Annex I to Commission Regulation (EEC) No 610/77 (2), as last amended by Regulation (EEC) No 2019/84 (3), should therefore be amended;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,
HAS ADOPTED THIS REGULATION:
Article 1
Annex I to Regulation (EEC) No 610/77 is replaced by the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply for the purposes of calculating the levies in force from 1 July 1985.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 4 June 1985.
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COUNCIL REGULATION (EC) No 1112/2005
of 24 June 2005
amending Regulation (EC) No 2062/94 establishing a European Agency for Safety and Health at Work
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 308 thereof,
Having regard to the proposal from the Commission, submitted following consultation with the Advisory Committee for Safety and Health at Work,
Having regard to the Opinion of the European Parliament (1),
Whereas:
(1)
Council Regulation (EC) No 2062/94 of 18 July 1994 establishing a European Agency for Safety and Health at Work (2) includes provisions concerning the aims, tasks and organisation of the Agency and in particular of its Administrative Board. Those provisions were amended following the accession of Austria, Finland and Sweden, when new members had to be added to the Administrative Board.
(2)
Health and safety at work, a key element in promoting quality in employment, represents one of the European Union's most important social policy areas. The Commission Communication on ‘Adapting to change in work and society: a new Community strategy on health and safety at work 2002 to 2006’ of 11 March 2002 highlights the important role to be played by the European Agency for Safety and Health at Work, hereinafter ‘the Agency’, in the promotion, awareness-raising and anticipation activities needed to achieve the objectives set out therein.
(3)
The Council Resolution of 3 June 2002 on a new Community strategy on health and safety at work (2002 to 2006) (3) requires the Agency to play a leading role in the collection and dissemination of information on good practice, awareness-raising and risk anticipation. The Council calls on the Commission to promote cooperation between the Member States and the social partners at European level through the Agency, with a view to future enlargement and welcomes the Commission's intention to submit a proposal for improving the Agency's operation and tasks in the light of the external evaluation report and the Advisory Committee's opinion on that report.
(4)
The European Parliament Resolution of 23 October 2002 on the Commission Communication: ‘Adapting to change in work and society: a new Community strategy on health and safety at work 2002 to 2006’ also supports the leading role given to the Agency as the key player in non-legislative health and safety activities at Community level and hopes that the European Foundation for the Improvement of Living and Working Conditions and the Agency will continue to improve their cooperation in line with their respective roles in this policy area.
(5)
The European Economic and Social Committee Opinion of 17 June 2002 on the Communication from the Commission ‘Adapting to change in work and society: a new Community strategy on health and safety at work 2002 to 2006’ (4) highlights the role of the Agency in the evaluation of risks and the need for regular contacts between the Agency and the European Foundation for the Improvement of Living and Working Conditions to avoid duplication and to stimulate joint reflection.
(6)
The Commission Communication on the ‘Evaluation of the European Agency for Safety and Health at Work’, prepared in accordance with Article 23 of Regulation (EC) No 2062/94 and based on an external evaluation carried out in 2001, as well as on the contributions of the Administrative Board and of the Commission Advisory Committee for Safety and Health at Work, underlines the need to amend Regulation (EC) No 2062/94 in order to maintain and improve the efficiency and effectiveness of the Agency and its management structures.
(7)
The European Parliament has called upon the Commission to reconsider the composition and working methods of agencies' boards and to put forward appropriate proposals.
(8)
A Joint Opinion concerning the future governance and functioning of the Boards of the Agency, the European Centre for the Development of Vocational Training and the European Foundation for the Improvement of Living and Working Conditions has been submitted to the Commission by their respective management or administrative Boards.
(9)
The tripartite governance of the Agency, the European Centre for the Development of Vocational Training and the European Foundation for the Improvement of Living and Working Conditions by representatives of governments, employers' organisations and employees' organisations is fundamental to the success of those bodies.
(10)
The participation of the social partners in the governance of those three Community bodies creates a specificity which requires them to function according to common rules.
(11)
The existence within the tripartite Board of the three groups drawn from government, employers and employees and the designation of a coordinator for the groups of employers and employees have proved to be essential. That arrangement should therefore be formalised and also extended to the government group. In line with the guidelines for the development of future Community Bodies, included in the communication from the Commission ‘The operating framework for the European Regulatory Agencies’, and in particular the need for representation of the relevant stakeholders in the boards of these bodies, and in line with the principle agreed by the Heads of State and Government for more active involvement of the social partners in the development of the Social Policy Agenda, all Board members (government employers, employees and Commission representatives) should have uniformly one vote each.
(12)
The maintenance of the tripartite representation from each Member State ensures that all major stakeholders are involved and that account is taken of the diversity of interests and approaches which characterise social issues.
(13)
It is necessary to anticipate the practical consequences for the Agency of the forthcoming enlargement of the Union. The composition and functioning of its Board should be adjusted to take account of the accession of new Member States.
(14)
The Bureau provided for in the Rules of Procedure of the Board needs to be strengthened in order to ensure continuity in the functioning of the Agency and efficiency in its decision-making. The composition of the Bureau should continue to reflect the tripartite structure of the Board.
(15)
According to Article 3 of the Treaty, the Community shall aim to eliminate inequalities and promote equality between men and women in all its activities. Therefore, it is appropriate to make provision for encouraging a balanced representation of men and women in the composition of the Board.
(16)
Regulation (EC) No 2062/94 should therefore be amended accordingly.
(17)
The Treaty provides for no powers, other than those under Article 308 thereof for the adoption of this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 2062/94 is amended as follows:
1.
Article 2 is replaced by the following:
‘Article 2
Objective
In order to improve the working environment, as regards the protection of the safety and health of workers as provided for in the Treaty and successive Community strategies and action programmes concerning health and safety at the workplace, the aim of the Agency shall be to provide the Community bodies, the Member States, the social partners and those involved in the field with the technical, scientific and economic information of use in the field of safety and health at work.’
2.
Article 3 is amended as follows:
(a)
Paragraph 1 is amended as follows:
(i)
Points (a) and (b) are replaced by the following:
‘(a)
collect, analyse and disseminate technical, scientific and economic information in the Member States in order to pass it on to the Community bodies, Member States and interested parties; this collection shall take place to identify risks and good practices as well as existing national priorities and programmes and provide the necessary input to the priorities and programmes of the Community;
(b)
collect and analyse technical, scientific and economic information on research into safety and health at work and on other research activities which involve aspects connected with safety and health at work and disseminate the results of the research and research activities;’
(ii)
Points (h) and (i) are replaced by the following:
‘(h)
provide technical, scientific and economic information on methods and tools for implementing preventive activities, identify good practices and promote preventive actions, paying particular attention to the specific problems of small and medium-sized enterprises. With regard to good practices, the Agency should in particular focus on practices which constitute practical tools to be used in drawing up an assessment of the risks to safety and health at work, and identifying the measures to be taken to tackle them;
(i)
contribute to the development of Community strategies and action programmes relating to the protection of safety and health at work, without prejudice to the Commission's sphere of competence;’
(iii)
The following point (j) is added:
‘(j)
The Agency shall ensure that the information disseminated is comprehensible to the end users. To achieve this objective, the Agency shall work closely with the national focal points referred to in Article 4(1), in accordance with the provisions of Article 4(2);’
(b)
Paragraph 2 is replaced by the following:
‘2. The Agency shall work as closely as possible with the existing institutions, foundations, specialist bodies and programmes at Community level in order to avoid any duplication. In particular, the Agency shall ensure appropriate cooperation with the European Foundation for the Improvement of Living and Working Conditions, without prejudice to its own aims.’
3.
Article 4 is amended as follows:
(a)
In Article 4, paragraph 1 is replaced by the following:
‘1. The Agency shall set up a network comprising:
-
the main component elements of the national information networks, including the national social partners' organisations, according to national legislation and/or practice;
-
the national focal points;
-
any future topic centres.’
(b)
In Article 4(2), the first and second subparagraphs are replaced by the following:
‘2. The Member States shall regularly inform the Agency of the main components of their national health and safety at work information networks, including any institution which in their judgement could contribute to the work of the Agency, taking into account the need to ensure the fullest possible coverage of their territory.
The competent national authorities or a national institution designated by them as a national focal point shall coordinate and/or transmit the information to be supplied at national level to the Agency, in the framework of an agreement between each focal point and the Agency on the basis of the work programme adopted by the Agency.
The national authorities shall take into account the point of view of social partners at national level in accordance with national legislation and/or practice.’
4.
The following Article is added:
‘Article 7a
Governing and management structures
The governing and management structure of the Agency shall comprise:
(a)
a Governing Board;
(b)
a Bureau;
(c)
a Director.’
5.
Article 8 is replaced by the following:
‘Article 8
Governing Board
1. The Governing Board shall consist of:
(a)
one member representing the Government from each Member State;
(b)
one member representing the employers' organisations from each Member State;
(c)
one member representing the employees' organisations from each Member State;
(d)
three members representing the Commission.
2. The members referred to in points (a), (b) and (c) of paragraph 1 shall be appointed by the Council from the members and alternate members of the Advisory Committee on Safety and Health at Work.
The members referred to in paragraph 1(a) shall be appointed on a proposal from the Member States.
The members referred in paragraph 1(b) and (c) shall be appointed on a proposal by the respective groups' spokespersons on the Committee.
The proposals from the three groups within the Committee shall be submitted to the Council; the proposals shall also be forwarded to the Commission for information.
The Council shall at the same time appoint, under the same conditions as for the member, an alternate member to attend meetings of the Governing Board only in the absence of the member.
The Commission shall appoint the members and alternate members who are to represent it, taking into account a balanced representation of men and women.
When submitting the lists of candidates, the Member States, employers' organisations and employees' organisation shall endeavour to ensure that the composition of the Governing Board fairly reflects the various economic sectors concerned and to ensure a balanced representation of men and women. These submissions shall take place within three months of the renewal of the membership of the Advisory Committee for Safety and Health at Work being renewed in accordance with the provisions of Articles 3(3) and (4) and 4(1) of Council Decision of 22 July 2003 setting up an Advisory Committee on Safety and Health at Work (5).
The list of the members of the Governing Board shall be published by the Council in the Official Journal of the European Union and by the Agency on its Internet site.
3. The term of office of members of the Governing Board shall be three years. It shall be renewable.
Exceptionally, the term of office of the members of the Governing Board who are in office on the day of the entry into force of this Regulation shall be extended until a new Governing Board has been appointed in accordance with the provisions of paragraph 2.
Upon expiry of their term of office or in the event of their resignation, members shall remain in office until their appointments are renewed or until they are replaced.
4. Within the Governing Board, the representatives of governments, employees' organisations and employers' organisations shall each form a group. Each group shall designate a coordinator who will take part in the meetings of the Governing Board. The coordinators of the employees' and employers' groups shall be representatives of their respective organisations at European level. Coordinators who are not appointed Board members within the meaning of paragraph 1 will take part in meetings without the right to vote.
The Governing Board shall elect its chair and three vice-chairs, one from each of the three groups referred to above and one from among the Commission representatives, to serve for a period of one year, which may be renewed.
5. The chair shall convene the Governing Board at least once a year. The chair shall convene additional meetings at the request of at least one-third of the members of the Governing Board.
6. All members of the Governing Board shall have one vote each and decisions shall be taken by an absolute majority. However, decisions in the framework of the annual work programme and with budgetary consequences for the national focal points shall also require the consent of the majority of the government group.
The Governing Board shall devise a written decision-making procedure, to which the first subparagraph shall apply mutatis mutandis.
7. The Governing Board, having received an opinion from the Commission, shall adopt its rules of procedure which shall lay down the practical arrangements for its activities. The rules of procedure, shall be transmitted for information to the European Parliament and the Council. However, within a period of three months of the rules of procedure being transmitted to it and acting by a simple majority, the Council may modify those rules.
8. The Governing Board shall establish a Bureau of 11 members. The Bureau shall be made up of the chair and the three vice-chairs of the Governing Board, one coordinator per group as referred to in the first subparagraph of paragraph 4, and one more representative of each group and of the Commission. Each group may designate up to three alternates to attend the meetings of the Bureau, in the absence of the full members.
9. Without prejudice to the responsibilities of the Director, as set out in Article 11, the Bureau shall, as delegated by the Governing Board, monitor the implementation of the decisions of the Governing Board and take all necessary measures for the proper governing of the Agency between the Governing Board meetings. The Governing Board may not delegate to the Bureau the competences referred to in Articles 10, 13, 14 and 15.
10. The annual number of meetings of the Bureau shall be decided by the Governing Board. The chair of the Bureau shall convene additional meetings at the request of its members.
11. Decisions by the Bureau shall be taken by consensus. If no consensus can be reached, the Bureau shall refer the matter to the Governing Board for decision.
12. The Governing Board shall be fully and promptly informed on the activities of and the decisions taken by the Bureau.
6.
In Article 9, the following subparagraph is added:
‘The chair of the Governing Board and Director of the European Foundation for the Improvement of Living and Working Conditions shall have the option of attending meetings of the Governing Board as observers.’
7.
Article 10 is amended as follows:
(a)
In Article 10(1), the first subparagraph is replaced by the following:
‘The Governing Board shall determine the strategic aims of the Agency. The Governing Board shall in particular adopt the budget, the four-year rolling programme and the annual programme on the basis of a draft drawn up by the Director referred to in Article 11, after consultation of the Commission services and the Advisory Committee on Safety and Health at Work.’
(b)
In Article 10(1), the fourth subparagraph is deleted.
8.
In Article 11, paragraph 2 is replaced by the following:
‘2. The Director shall be the legal representative of the Agency and shall be responsible for:
(a)
the proper preparation and implementation of the decisions and programmes adopted by the Governing Board and the Bureau;
(b)
the management and the day-to-day administration of the Agency;
(c)
the preparation and publication of the report referred to in Article 10(2);
(d)
the performance of the tasks prescribed;
(e)
all staff matters;
(f)
the preparation of the Governing Board meetings and the Bureau meetings.’
9.
Each time the term ‘Administrative Board’ appears in the articles, it is replaced by ‘Governing Board’.
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 24 June 2005.
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COMMISSION REGULATION (EC) No 1471/94 of 27 June 1994 amending Regulation (EC) No 1097/94 on transitional measures concerning the allocation of quotas in the tobacco sector for the 1994 harvest
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2075/92 of 30 June 1992 on the common organization of the market raw tobacco (1), and in particular Article 27 thereof,
Whereas Commission Regulation (EC) No 1097/94 (2) provides for the possibility of authorizing Member States as a transitional measure to allow a transfer of quantities of their quotas which remain available after distribution, in accordance with Article 9 of Commission Regulation (EEC) No 3477/92 (3), as last amended by Regulation (EC) No 813/94 (4), to other groups of varieties; whereas those circumstances have arisen in Spain and it is appropriate, accordingly, to transfer 250 tonnes from variety group II to group III;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Tobacco,
HAS ADOPTED THIS REGULATION:
Article 1
The following is added to the Annex to Regulation (EC) No 1097/94:
- 'Spain
250 tonnes from group II light air-cured to group III dark air-cured.'
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply from 1 April 1994.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 June 1994.
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COMMISSION REGULATION (EC) No 1129/2004
of 17 June 2004
fixing the export refunds on rice and broken rice and suspending the issue of export licences
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3072/95 of 22 December 1995 on the common organisation of the market in rice (1), and in particular the second subparagraph of Article 13(3) and (15) thereof,
Whereas:
(1)
Article 13 of Regulation (EC) No 3072/95 provides that the difference between quotations or prices on the world market for the products listed in Article 1 of that Regulation and prices for those products within the Community may be covered by an export refund.
(2)
Article 13(4) of Regulation (EC) No 3072/95, provides that when refunds are being fixed account must be taken of the existing situation and the future trend with regard to prices and availabilities of rice and broken rice on the Community market on the one hand and prices for rice and broken rice on the world market on the other. The same Article provides that it is also important to ensure equilibrium and the natural development of prices and trade on the rice market and, furthermore, to take into account the economic aspect of the proposed exports and the need to avoid disturbances of the Community market with limits resulting from agreements concluded in accordance with Article 300 of the Treaty.
(3)
Commission Regulation (EEC) No 1361/76 (2) lays down the maximum percentage of broken rice allowed in rice for which an export refund is fixed and specifies the percentage by which that refund is to be reduced where the proportion of broken rice in the rice exported exceeds that maximum.
(4)
As the standing invitations to tender for the export refunds on rice have ended for this year, refunds in ordinary law for this product need no longer be fixed. Account should be taken of this when the refunds are fixed.
(5)
Article 13(5) of Regulation (EC) No 3072/95 defines the specific criteria to be taken into account when the export refund on rice and broken rice is being calculated.
(6)
The world market situation or the specific requirements of certain markets may make it necessary to vary the refund for certain products according to destination.
(7)
A separate refund should be fixed for packaged long grain rice to accommodate current demand for the product on certain markets.
(8)
The refund must be fixed at least once a month; whereas it may be altered in the intervening period.
(9)
It follows from applying these rules and criteria to the present situation on the market in rice and in particular to quotations or prices for rice and broken rice within the Community and on the world market, that the refund should be fixed as set out in the Annex hereto.
(10)
For the purposes of administering the volume restrictions resulting from Community commitments in the context of the WTO, the issue of export licences with advance fixing of the refund should be restricted.
(11)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
The export refunds on the products listed in Article 1 of Regulation (EC) No 3072/95 with the exception of those listed in paragraph 1(c) of that Article, exported in the natural state, shall be as set out in the Annex hereto.
Article 2
The issue of export licences with advance fixing of the refund is hereby suspended.
Article 3
This Regulation shall enter into force on 18 June 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 June 2004.
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Commission Decision
of 11 March 2003
establishing the European Community Energy Star Board
(2003/168/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof,
Having regard to Regulation (EC) No 2422/2001 of the European Parliament and of the Council of 6 November 2001 on a Community energy efficiency labelling programme for office equipment(1), and in particular Article 8(1) thereof,
Whereas:
(1) In compliance with Regulation (EC) No 2422/2001, the Commission should establish a European Community Energy Star Board (hereinafter referred to as the "ECESB") to carry out the EC Energy Star programme, as defined in the Agreement between the Government of the United States of America and the European Community on the coordination of energy efficient labelling programmes for office equipment(2).
(2) The ECESB should consist of national representatives, as defined by Regulation (EC) No 2422/2001 and of the interested parties listed on an indicative basis in that Regulation,
HAS DECIDED AS FOLLOWS:
Article 1
The European Community Energy Star Board "ECESB" is hereby established.
Article 2
1. The Chair of the ECESB shall be held by the Commission, represented by the Directorate General for Energy and Transport.
2. The indicative list of the national representatives referred to in Article 9 of Regulation (EC) No 2422/2001 shall be as set out in Part A of the Annex.
Where more than one national representative is designated, the "coordinator" shall be the representative empowered by the Member State as indicated in the Annex.
3. The indicative list of the interested Parties referred to in Article 8(3) of Regulation (EC) No 2422/2001 shall be as set out in Part B of the Annex.
4. In order to ensure a balanced participation of all relevant interested Parties in respect to each office equipment product group, the Chair may adapt the membership of interested Parties as appropriate.
Article 3
This Decision shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.
Done at Brussels, 11 March 2003.
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COUNCIL DIRECTIVE 92/45/EEC of 16 June 1992 on public health and animal health problems relating to the killing of wild game and the placing on the market of wild-game meat
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas game meat is included in the list of products in Annex II to the Treaty; whereas the placing on the market of wild game meat constitutes an additional source of income for part of the farming population;
Whereas, in order to ensure the rational development of this sector and to improve productivity, rules concerning public health and animal health problems affecting the production and placing on the market of wild game meat must be laid down at Community level;
Whereas disparities as regards animal health and public health conditions in the Member States should be eliminated in order to encourage intra-Community trade in such meat, with a view to the completion of the internal market;
Whereas diseases communicable to domestic animals and humans may be spread by such meat; whereas it is necessary to lay down rules enabling these risks to be controlled;
Whereas it is necessary to lay down the hygiene conditions in which wild game meat must be obtained, processed and inspected, in order to prevent food-borne infections or food poisoning;
Whereas it is necessary to stipulate the hygiene rules to be complied with by wild game processing houses for the purposes of approval for trade;
Whereas, in respect of the organization of, and the follow-up to, the checks to be carried out by the Member State of destination and the safeguard measures to be implemented, reference should be made to general rules laid down in Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market (4);
Whereas wild game and wild-game meat imported from third countries should be subject to the minimum requirements laid down by this Directive for trade between Member States, and compliance therewith should be monitored in accordance with the principles and rules set out in Directive 90/675/EEC (5);
Whereas it is appropriate to permit derogations for small quantities of wild game meat;
Whereas it is appropriate to grant temporary derogations to allow wild game processing houses to comply with the new requirements;
Whereas the Commission should be charged with adopting measures to implement this Directive; whereas, to that end, a procedure should be set up establishing close and effective cooperation between the Commission and the Member States within the Standing Veterinary Committee;
Whereas the deadline for transposition into national law, set at 1 January 1994 in Article 23, should not affect the abolition of veterinary checks at frontiers on 1 January 1993,
HAS ADOPTED THIS DIRECTIVE:
CHAPTER I General provisions
Article 1
1. This Directive lays down public health and animal health rules applicable to the killing of wild game and to the preparation and placing on the market of wild game meat.
(& {È%};) OJ No L 395, 30. 12. 1989, p. 13. Last amended by Directive 91/496/EEC (OJ No L 268, 24. 9. 1991, p. 56).
(& {È& };) Council Directive 90/675/EEC of 10 December 1990, laying down the principles governing the organization of veterinary checks on products entering the Community from third countries (OJ No L 373, 31. 12. 1990, p. 1). Amended by Directive 91/496/EEC (OJ No L 268, 24. 9. 1991, p. 56).
2. This Directive shall not apply to:
(a) small numbers of wild game, unskinned or unplucked, and, in the case of small wild game, ineviscerated, supplied directly by the hunter to the consumer or to the retailer;
(b) small quantities of wild-game meat supplied directly to the final consumer;
(c) the cutting and storage of wild-game meat in retail shops or in premises adjacent to sales points, where the cutting and storage are performed solely for the purpose of supplying the consumer directly on the spot.
The above operations shall continue to be subject to the public health checks provided for in national rules governing retailing.
3. The provisions of this Directive concerning trade or imports from third countries shall not apply to trophies or to killed wild game carried by travellers in their private vehicle provided that only a small quantity of small wild game or a single large wild game animal is involved and the circumstances indicate that there is no question of the meat of such game being intended for trade or commercial use, and provided that the game in question does not come from a country or a part of a country trade from which is prohibited pursuant to Article 11 (2) and 3 or Article 18.
Article 2
1. For the purposes of this Directive, the following definitions shall apply:
(a) 'wild game': wild land mammals which are hunted (including wild mammals living within an enclosed area under conditions of freedom similar to those enjoyed by wild game) and wild birds which are not covered by Article 2 of Council Directive 91/495/EEC of 27 November 1990, concerning public health and animal health problems affecting the production and placing on the market of rabbit meat and farmed game meat (6);
(b) 'large wild game': wild ungulates;
(c) 'small wild game': wild mammals of the Leporidae family and wild game birds intended for human consumption;
(d) 'wild-game meat': all parts of wild game which are fit for human consumption;
(e) 'wild game processing house': an establishment approved in accordance with Article 7 in which wild game is processed and wild game meat is obtained and inspected in accordance with the hygiene rules laid down in this Directive;
(f) 'collection centre': any place where killed wild game is kept in accordance with the hygiene rules in Annex I, Chapter IV (2) prior to being transported to a processing house;
(g) 'placing on the market': holding or displaying for sale, offering for sale, selling, delivering or any other form of placing on the market of wild game meat for human consumption in the Community, excluding supplies pursuant to Article 1 (2);
(h) 'trade': trade between Member States within the meaning of Article 9 (2) of the Treaty.
2. For the purposes of this Directive the definitions in Article 2 of Directive 89/662/EEC and Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (7), and the definition of fresh meat in Article 2 (b) of Council Directive 64/433/EEC of 26 June 1964 on health problems affecting intra-Community trade in fresh meat (8), shall apply as necessary.
CHAPTER II Provisions applicable to Community production and trade
Article 3
1. Member States shall ensure that wild game meat:
(a) comes from wild game which:
- has been killed in a hunting area by means authorized under national legislation governing hunting,
- does not come from a region subject to restrictions pursuant to Council Directive 72/461/EEC of 12 December 1972 on health problems affecting intra-Community trade in fresh meat (& {È%};), Council Directive 91/494/EEC of 26 June 1991 on animal health conditions governing intra-Community trade in and imports from third countries of fresh poultrymeat (& {È& };) and Council Directive 91/495/EEC or from a hunting area subject to restrictions pursuant to Articles 10 and 11 of this Directive,
- immediately after killing has been prepared in accordance with Annex I, Chapter III, and transported within a maximum of 12 hours to a processing house as referred to in (b) or to a (²) OJ No L 224, 18. 8. 1990, p. 29. Last amended by Directive 91/496/EEC (OJ No L 268, 24. 9. 1991, p. 56).
(³) OJ No L 121, 29. 7. 1964, p. 2012/64. Last amended by Directive 91/497/EEC (OJ No L 268, 24. 9. 1991, p. 69).
(& {È%};) OJ No L 302, 31. 12. 1972, p. 24. Last amended by Directive 91/266/EEC (OJ No L 134, 29. 5. 1991, p. 45).
(& {È& };) OJ No L 268, 24. 9. 1991, p. 35.
collection centre where it must be chilled to the temperatures specified in Annex I, Chapter III, and from which it must be taken to a processing house as referred to in (b) within 12 hours or, in the case of remote regions where climatological conditions so permit, within a period to be fixed by the competent authority to enable the official veterinarian of the said processing house to carry out the post mortem inspection provided for in Annex I, Chapter V, under satisfactory conditions;
(b) is obtained:
(i) either in a wild game processing house fulfilling the general conditions of Annex I, Chapters I and II, and approved for the purposes of the present Chapter in accordance with Article 7;
(ii) in the case of large wild game, in an establishment approved in accordance with Article 10 of Directive 64/433/EEC, or, in the case of small wild game, in accordance with Article 5 of Council Directive 71/118/EEC of 15 February 1971 on health problems affecting trade in fresh poultrymeat (¹) provided that:
- such game is skinned in rooms separate from those reserved for meat covered by those Directives, or at different times,
- such establishments are given special approval for the purposes of this Directive,
- measures are taken to allow clear identification of meat obtained pursuant to the present Directive and meat obtained pursuant to Directives 64/433/EEC and 71/118/EEC;
(c) comes from killed animals which have undergone visual inspection by the official veterinarian:
- to detect any anomalies. The official veterinarian may base his diagnosis on any information supplied by the hunter, where appropriate on the basis of a certificate laid down by the authority responsible for hunting rules, on the behaviour of the animal before killing,
- to check that death is not due to causes other than hunting;
(d) comes from wild game which:
- has been handled under satisfactory hygiene conditions, in accordance with Annex I, Chapters III and IV,
- has undergone, in accordance with Annex I, Chapter V, post-mortem inspection by an official veterinarian or, by auxiliaries holding the professional qualifications to be specified in (¹) OJ No L 55, 8. 3. 1971, p. 23. Last amended by Directive 90/654/EEC (OJ No L 353, 17. 12. 1990, p. 48).
accordance with the procedure laid down in Article 22, acting under the supervision of the official veterinarian,
- has not shown any change except for traumatic lesions which occurred during killing or localized malformations or changes, provided that it is established, if necessary by appropriate laboratory tests, that these do not render the meat unfit for human consumption or dangerous to human health,
- on which, in the case of small wild game which has not immediately after killing been eviscerated in accordance with Annex I, Chapter V (1), an official veterinary health inspection has been carried out on a representative sample of animals from the same source.
If the official veterinarian finds a disease communicable to man or defects as referred to in Annex I, Chapter V (4), he must carry out more checks on the entire batch. In the light of the results of these further checks, he must either exclude the entire batch from human consumption or inspect each carcase individually.
2. The official veterinarian must ensure that wild game meat is excluded from human consumption:
(i) if it is found to contain defects as referred to in Annex I, Chapter V (3) (e), or if it has been seized in accordance with paragraph 4 of that Chapter;
(ii) if the checks provided for in the third indent of paragraph 1 (d) of this Article have revealed the presence of a disease communicable to man;
(iii) if it comes from animals which have ingested substances which are likely to make the meat dangerous or harmful to human health and on which a decision has been taken, by the procedure laid down in Article 22, after the opinion of the Scientific Veterinary Committee has been obtained. Pending the implementation of such a decision, national rules on these substances shall remain in force, subject to the general provisions of the Treaty;
(iv) if, without prejudice to any Community legislation applicable to ionization, it has been treated with ionizing or ultra-violet radiation or by means of substances likely to affect its organoleptic properties or using colourings other than those used for health marking.
3. Meat of wild boar or of other species susceptible to trichinosis must undergo analysis by the digestion method in accordance with Council Directive 77/96/EEC of 21 December 1976 on the examination for trichinae (trichinella spiralis) upon importation from third countries of fresh meat derived from domestic swine (²) or a trichinoscopic examination with microscopic observation of several samples from each animal taken from the jaw and diaphragmatic muscles, from the muscles of the lower front (²) OJ No L 26, 31. 1. 1977, p. 67. Last amended by Directive 89/321/EEC (OJ No L 133, 17. 5. 1989, p. 33).
leg, from the intercostal muscles and the tongue muscles at least.
Before 1 January 1994, the Council, acting by a qualified majority on a proposal from the Commission and after obtaining the opinion of the Scientific Veterinary Committee, shall lay down the methods for the analysis by digestion which are suitable for detecting trichinosis in wild boar or other species of wild game susceptible to trichinosis; the same procedure shall apply with regard to the trichinoscopic or microscopic examination for the detection of trichinosis.
4. Wild game meat declared fit for human consumption must:
(i) bear a health mark in accordance with Annex I, Chapter VIII.
A decision may be taken, where appropriate, to amend or supplement the provisions of the aforementioned Chapter in accordance with the procedure provided for in Article 22, in order to take into account notably the different forms of commercial presentation, providing they conform to the hygiene rules laid down in this Directive.
Commission Directive 80/879/EEC of 3 September 1980 on health marking of large packagings of fresh poultrymeat (¹) shall apply to meat of small wild game;
(ii) after post-mortem inspection, be stored in accordance with Annex I, Chapter X, under satisfactory hygiene conditions in wild game processing houses approved in accordance with Article 7 of this Directive, or in establishments approved in accordance with Article 10 of Directive 64/433/EEC or Article 5 of Directive 71/118/EEC, or in cold stores approved and inspected in accordance with Article 10 of Directive 64/433/EEC;
(iii) be accompanied during transportation by:
- an accompanying commercial document as authorized by the official veterinarian. This document must:
- in addition to the particulars provided for in Annex I, Chapter VII (2), including in the case of frozen meat the month and year of freezing in clear, bear a code number by which the official veterinarian can be identified,
- be kept by the consignee for at least one year so that it can be produced at the request of the competent authority.
Detailed rules for applying this point, and in particular those concerning the allocation of code numbers and the compilation of one or more lists identifying the official veterinarians, shall be adopted in accordance with the procedure laid down in
Article 22,
- a public animal health certificate corresponding to the specimen in Annex II, in the case of meat from a wild game processing house situated in a restricted region or area or meat to be sent to another Member State after transit through a third country in a sealed lorry;
(¹) OJ No L 251, 24. 9. 1980, p. 10.
(iv) be transported under satisfactory hygiene conditions in accordance with Annex I, Chapter XI;
(v) in the case of parts of carcases or boned meat of small wild game birds, also be obtained in conditions similar to those provided for in Article 3 B. of Directive 71/118/EEC, in establishments specially approved for this purpose in accordance with
Article 7
of the present Directive;
(vi) without prejudice to Council Directive 79/112/EEC of 18 December 1978 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs for sale to the ultimate consumer (²), be labelled with an indication of the animal species.
Article 4
1. Member States shall ensure that:
(a) meat declared unfit for human consumption can be clearly distinguished from meat declared fit for human consumption;
(b) meat declared unfit for human consumption is treated in accordance with Council Directive 90/667/EEC of 27 November 1990 laying down the veterinary rules for the disposal and processing of animal waste, for its placing on the market and for the prevention of pathogens in feedstuffs of animal or fish origin and amending Directive 90/425/EEC (9).
2. Meat from an area subject to animal health restrictions shall be subject to specific rules to be determined on a case-by-case basis in accordance with the procedure laid down in Article 22.
3. Detailed rules for implementing this Article shall if necessary be determined in accordance with the procedure laid down in Article 22.
Article 5
Member States shall ensure that only the following are the subject of trade:
1. skinned and eviscerated wild game meeting the requirements of Articles 3 and 4, or fresh wild game meat;
2. unskinned or unplucked and uneviscerated small game, not frozen or deep-frozen which is controlled in accordance with the third indent of Article 3 (1) (b) (ii), provided it is handled and stored separately from fresh meat covered by Directive 64/433/EEC, poultry meat and skinned or plucked game meat;
3. unskinned large game which:
(a) meets the requirements of Article 3 (1) (a) first and second indents, Article 3 (1) (c), and Article 3 (1) (d) first indent;
(b) the viscera of which have undergone post-mortem inspection in a wild game processing house;
(c) is accompanied by a health certificate corresponding to a specimen to be drawn up in accordance with the procedure laid down in Article 22, signed by the official veterinarian to certify that the result of the post mortem inspection provided for in (b) was satisfactory and that the meat has been declared fit for human consumption;
(d) has been cooled to a temperature of between -1 oC and:
(i) +7 oC and kept at that temperature during transportation to a processing house within a maximum period of seven days from the post mortem inspection referred to in (b), or
(ii) +1 oC and kept at that temperature during transportation to a processing house within a maximum period of 15 days from the post-mortem inspection referred to in (b).
Meat from such unskinned wild game cannot bear the health mark provided for in Article 3 (4) (i) unless, after skinning in the processing house of destination, it has undergone post mortem inspection in accordance with Annex I, Chapter V, and has been declared fit for human consumption by the official veterinarian.
Article 6
Member States shall ensure that:
- wild game processing houses which do not meet the standards laid down in Annex I, Chapter I, and which are not covered by the derogations provided for in Article 8 cannot be approved in accordance with Article 7 and that products from such establishments do not bear the health mark provided for in Annex I, Chapter VII and cannot be the subject of trade,
- wild game which does not meet the requirements of Article 3 cannot be the subject of trade or be imported from third countries,
- offal of wild game declared fit for human consumption cannot be the subject of trade unless it has undergone appropriate treatment in accordance with Council Directive 77/99/EEC on health problems affecting intra-Community trade in meat products (10).
Article 7
1. Each Member State shall draw up a list of approved wild game processing houses, each having a veterinary approval number. Member State may approve, for the processing of wild game, establishments approved in accordance with Directive 64/433/EEC and 71/118/EEC, provided that such establishments are equipped to process wild game meat and that they work in conditions ensuring compliance with the hygiene rules. Member States shall send this list to the other Member States and to the Commission.
A Member State shall not approve a wild game processing house unless it is satisfied that it complies with this Directive.
Where hygiene is found to be inadequate and where the measures provided for in Annex I, Chapter V (5), second subparagraph have proved insufficient to remedy the situation, the competent authority shall temporarily suspend approval.
If the operator or manager of the wild game processing house does not make good the shortcomings noted within the period fixed by the competent authority, the latter shall withdraw approval.
The Member State in question shall take account of the conclusions of any check carried out in accordance with Article 12. The other Member States and the Commission shall be informed of the suspension or withdrawal of approval.
2. The operator or manager of the wild game processing house must, in accordance with paragraph 4, conduct regular checks on the general hygiene of conditions of production in his establishment, inter alia, by means of microbiological controls.
Checks must cover utensils, fittings and machinery at all stages of production and, if necessary, products.
The operator or manager of the wild game processing house must inform the official veterinarian or the Commission's veterinary experts of the nature, frequency and results of the checks conducted to this end, together with the name of the investigating laboratory if need be.
The nature of the checks, their frequency, as well as the sampling methods and the methods for bacteriological examination shall be established in accordance with the procedure laid down in Article 22.
3. The operator or manager of the wild game processing house must establish a staff training programme enabling workers to comply with conditions of hygienic production adapted to the production structure.
The official veterinarian responsible for the wild game processing house must be involved in the planning and implementation of that programme.
4. Inspection and supervision of wild game processing houses shall be carried out under the responsibility of the official veterinarian, who may be assisted by auxiliaries in accordance with Article 9 of Directive 64/433/EEC. The official veterinarian must at all times have free access to all parts of processing houses in order to ensure that this Directive is being complied with and, where there is doubt as to the origin of meat or killed wild game, to relevant documents which enable him to trace the hunting area of origin.
The official veterinarian must regularly analyse the results of the checks provided for in paragraph 2. He may, on the basis of this analysis, conduct further microbiological examinations at all stages of production or on the products.
The result of these analyses shall be written up in a report, the conclusions and recommendations of which shall be notified to the operator or manager of the establishment, who shall rectify the shortcomings noted with a view to improving hygiene.
Article 8
1. Member States may, until 31 December 1996, authorize wild game processing houses which, on the date on which this Directive is notified, have not been judged to comply with the conditions for approval, to derogate from some of the requirements laid down in Annex I provided that meat from such establishments bears the national mark.
2. Derogations as referred to in paragraph 1 may be granted only to processing houses which have, before 1 April 1993, submitted an application for a derogation to the competent authority.
This application must be accompanied by a work plan and programme indicating the period within which it would be possible for the processing house to comply with the requirements referred to in paragraph 1.
3. Member States shall communicate to the Commission before 1 October 1992 the criteria which they have adopted to determine whether an establishment or category of establishments is covered by the provisions of this Article.
Article 9
Member States shall entrust to a central service or body the tasks of collecting and making use of the results of the post-mortem inspection carried out by the official veterinarian as regards the diagnosis of diseases communicable to man.
Whereas such a disease is diagnosed, the results of the specific case shall be communicated as soon as possible to the competent veterinary authorities responsible for supervision of the hunting area where the wild game in question originated.
Member States shall submit to the Commission information on certain diseases and particularly cases where diseases communicable to man have been diagnosed.
The Commission acting in accordance with the procedure laid down in Article 22, shall adopt detailed rules for implementing this Article, and in particular:
- the frequency with which information must be submitted to the Commission,
- the type of information,
- the disease to which the collection of information is to apply,
- procedures for collecting and using information.
Article 10
1. Member States shall ensure that a survey of the health of wild game is performed in hunting areas on their territories at regular intervals.
2. To this end a central service or body shall be entrusted with the task of collecting and using the results of the health inspections carried out in accordance with this Directive, where diseases communicable to man or to animals or the presence of residues in excess of permitted levels are diagnosed.
3. Where a disease or condition as referred to in paragraph 2 is diagnosed, the survey results relating to the specific case shall be communicated as soon as possible to the competent authority responsible for supervision of the hunting area.
4. Depending on the epizootic situation, the competent authority shall carry out specific tests on wild game in order to detect the presence of the diseases referred to in Annex I to Council Directive 82/894/EEC of 21 December 1982 on the notification of animal diseases within the Community (11).
The presence of these diseases shall be communicated to the Commission and to the other Member States in accordance with the said Directive.
Article 11
1. Member States shall supplement their plans for measures to detect residues referred to in Article 4 of Council Directive 86/469/EEC of 16 September 1986 concerning the examination of animals and fresh meat for the presence of residues (12) in order, where necessary, to subject wild game meat to the inspections provided for in that Directive in order to make spot checks on the presence of contaminants in the environment.
2. Taking into account the results of the monitoring referred to in paragraph 1 and in Article 10 (4), Member States shall ensure that wild game and wild game meat from hunting areas implicated by the monitoring is excluded from trade.
3. The Commission shall adopt detailed rules for implementing this Article in accordance with the procedure laid down in Article 22.
Article 12
Veterinary experts from the Commission may, in so far as is necessary for the uniform application of this Directive and in cooperation with the competent national authorities, make on-site checks. In particular, they may verify by checking a representative percentage of wild game processing houses whether the competent authorities are ensuring that approved processing houses are complying with this Directive. The Commission shall inform the Member States of the results of the checks carried out.
A Member State in whose territory a check is being carried out shall give all the necessary assistance to the experts in carrying out their duties.
Detailed rules for implementing this Article shall be adopted in accordance with the procedure laid down in Article 22.
Article 13
1. With prejudice to the specific provisions of this Directive, the official veterinarian or the competent authority shall, where it is suspected that veterinary legislation has not been complied with or there is doubt as to whether wild game meat is fit for consumption, carry out any veterinary checks he or it deems appropriate.
2. Member States shall take administrative and/or penal measures to penalize any infringement of Community veterinary legislation, in particular where it is found that the certificates or documents drawn up do not correspond to the actual state of the wild game meat, that identification marks do not comply with the rules, that the wild game meat was not presented for inspection or that such meat was not used for the purpose originally intended.
Article 14
1. The rules laid down in Council Directive 89/662/EEC concerning veterinary checks to be carried out in intra-Community trade with a view to the completion of the internal market shall apply in particular to the organization of and the action to be taken following the checks carried out by the country of destination and to the safeguard measures to be applied in relation to health problems affecting the production and distribution of wild game meat in the territory of the Community.
2. Directive 89/662/EEC shall be amended as follows:
(a) in Annex A, the following indent shall be aded:
'- Council Directive 92/45/EEC of 16 June 1992 on public health and animal health problems relating to the killing of wild game and the placing on the market of wild game meat (OJ No L 268, 14. 9. 1992, p. 35).';
(b) in Annex B, the indent '- wild game meat' shall be deleted.
3. In Article 2 (d) of Directive 77/99/EEC, the following indent shall be added:
'- Article 2 (1) (d) of Council Directive 92/45/EEC (13)() and meeting the requirements of Articles 3 and 5,
(14)() OJ No L 268, 14. 9. 1992, p. 35.'
CHAPTER III Provisions applicable to imports into the Community
Article 15
The conditions applicable to the placing on the market of wild game meat imported from third countries shall be at least equivalent to those laid down for the production and placing on the market of wild game meat obtained in accordance with Chapter II, excluding those in Articles 6 and 8.
Article 16
1. For the purpose of uniform application of Article 15, the provisions of the following paragraphs shall apply.
2. In order to be imported into the Community, wild game or wild game meat must:
(a) come from third countries or parts of third countries from which imports are not prohibited on animal health grounds;
(b) come from a third country on the list to be drawn up in accordance with paragraph 3 (a);
(c) be accompanied by a health certificate corresponding to a specimen to be drawn up in accordance with the procedure laid down in Article 22, signed by the competent authority and certifying that the products meet the requirements of Chapter II or any additional conditions or offer the equivalent guarantees referred to in paragraph 3 (c) and come from establishments offering the guarantees provided for in Annex I.
3. The following shall be established in accordance with the procedure laid down in Article 22:
(a) a provisional list of third countries or parts of third countries able to provide Member States and the Commission with the conditions and guarantees referred to in paragraph 2 (c) and a list of establishments for which they are able to give these guarantees.
This provisional list shall be compiled from the lists of establishments approved and inspected by the competent authorities of the Member States, once the Commission has checked that they abide by the principles and general rules laid down in this Directive;
(b) updates of that list in the light of the checks provided for in paragraph 4;
(c) the specific conditions and the equivalent guarantees relating to the requirements of this Directive, other than those enabling meat to be excluded from human comsumption in accordance with Article 3 (2) (d) and those of Article 5 and those laid down in Annex I, Chapters IV and V, and, as regards the trichinoscopic examination by the digestion method, in accordance with Directive 77/96/EEC, on the understanding that such conditions and guarantees may not be less stringent than those laid down in Chapter II, excluding those in Articles 6 and 8.
4. Experts from the Commission and the Member States shall carry out on-the-spot inspections to verify whether:
(a) the guarantees given by the third country regarding the conditions of production and placing on the market can be considered equivalent to those applied in the Community;
(b) the conditions of Article 18 are fulfilled.
The experts from the Member States responsible for these inspections shall be appointed by the Commission acting on a proposal from the Member States.
These inspections shall be made on behalf of the Community, which shall bear the cost of any expenditure in this connection. The frequency of and procedure for these inspections shall be determined in accordance with the procedure laid down in Article 22.
5. Pending the organization of the inspections referred to in paragraph 4, national rules applicable to inspection in third countries shall continue to apply, subject to notification, through the Standing Veterinary Committee, of any failure to comply with hygiene rules found during these inspections.
Article 17
1. Member States shall ensure that wild game or wild game meat covered by this Directive is imported into the Community only if it:
- is accompanied by the certificate provided for in Article 16 (1) (c), covering public and animal health requirements issued by the competent authority at the time of loading,
- has satisfied the checks required by Directive 90/675/EEC.
2. Pending the establishment of detailed rules for implementing this Article:
- the national rules applicable to imports from third countries for which such requirements have not been adopted at Community level shall continue to apply, provided they are not more favourable than those laid down in Chapter II,
- imports must take place under the conditions laid down in Article 11 of Directive 90/675/EEC,
- trade in wild game or wild game meat imported in accordance with this paragraph must be subject to the prior agreement of the country of destination.
Article 18
The lists provided for in Article 16 (2) may include only third countries or parts of third countries:
(a) from which imports are not prohibited as a result of the existence of one of the diseases referred to in Annex A to the OIE list, or of any other disease exotic to the Community, or pursuant to Articles 6, 7 and 14 of Directive 72/462/EEC (¹), or
Articles 9 to 12 of Directive 91/494/EEC;
(b) which, in view of their legislation and the organization of their veterinary services and of their inspection services, the powers of such services and the supervision to which they are subject, have been recognized, in accordance with Article 3 (2) of Directive 72/462/EEC or Article 9 (2) of Directive 91/494/EEC, as capable of guaranteeing the implementation of their legislation in force; or
(¹) Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine animals and swine and fresh meat from third countries (OJ No L 302, 31. 12. 1972, p. 28). Last amended by Directive 91/497/EEC (OJ No L 268, 24. 9. 1991, p. 69).
(c) the veterinary services of which are able to guarantee that health requirements at least equivalent to those laid down in Chapter II are being complied with.
Article 19
1. The principles and rules laid down in Directive 90/675/EEC shall apply, with particular reference to the organization of and follow-up to the inspections to be carried out by the Member States and the safeguard measures to be implemented.
Pending implementation of the decisions provided for in Article 8 (3) and Article 30 of Directive 90/675/EEC, the relevant national rules for applying Article 8 (1) and (2) of that Directive shall continue to apply, without prejudice to compliance with the principles and rules referred to in the first subparagraph of this Article.
CHAPTER IV Final provisions
Article 20
This Directive shall not affect Community rules adopted for the conservation of wildlife.
Article 21
The Annexes shall be amended by the Council acting by a qualified majority on a proposal from the Commission in particular to adapt them to advances in technology.
Article 22
1. Where the procedure laid down in this Article is to be followed, matters shall without delay be referred to the Standing Veterinary Committee (hereinafter called 'the Committee') set up by Decision 68/361/EEC (¹) by its Chairman, either on his own initiative or at the request of a Member State.
2. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft within a time limit which the Chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The Chairman shall not vote.
3. (a) The Commission shall adopt the measures envisaged and implement them immediately if they are in accordance with the opinion of the Committee.
(b) If the measures envisaged are not in accordance with the opinion of the Committee, or if no opinion is delivered, the Commission shall without delay submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority.
If, within three months from the date of referral to the Council, the Council has not acted, the Commission shall adopt the proposed measures save where the Council has rejected the said measures by a simple majority.
Article 23
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 January 1994. They shall forthwith inform the Commission thereof.
When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.
2. Member States shall communicate to the Commission the test of the main provisions of national law which they adopt in the field governed by this Directive.
3. The setting of the deadline for transposition into national law at 1 January 1994 shall be without prejudice to the abolition of veterinary checks at frontiers provided for in Directive 89/662/EEC.
Article 24
This Directive is addressed to the Member States.
Done at Luxemburg, 16 June 1992.
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COMMISSION REGULATION (EC) No 2197/95 of 18 September 1995 amending the Annexes to Council Regulations (EEC) No 837/90 concerning statistical information to be supplied by the Member States on cereal production and (EEC) No 959/93 concerning statistical information to be supplied by the Member States on crop products other than cereals
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 837/90 of 26 March 1990 concerning statistical information to be supplied by the Member States on cereal production (1), as amended by Regulation (EEC) No 3570/90 (2), and in particular Article 6 thereof,
Having regard to Council Regulation (EEC) No 959/93 of 5 April 1993 concerning statistical information to be supplied by the Member States on crop products other than cereals (3), and in particular Article 10 thereof,
Whereas by reason of the accession of Austria, Finland and Sweden it is necessary to make certain technical adaptations to the abovementioned annexes and to extend certain derogations to the new Member States;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Agricultural Statistics set up by Council Decision 72/279/EEC (4),
HAS ADOPTED THIS REGULATION:
Article 1
Annex III of Council Regulation (EEC) No 837/90 shall be supplemented as follows:
>TABLE>
Article 2 Footnote (5) of Annex II in Council Regulation (EEC) No 959/93, shall read as follows:
'(5) Delivery of data on areas occupied by kitchen gardens is not obligatory for Denmark, the Netherlands, Austria, Finland, Sweden and the United Kingdom.`
Article 3
Annex III of Council Regulation (EEC) No 959/93 shall be supplemented as follows:
>TABLE>
Article 4 This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 September 1995.
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COUNCIL DECISION
of 22 December 2009
appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015
(2009/1014/EU)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 300(3) and 305 thereof, in conjunction with Article 8 of the Protocol on Transitional Provisions annexed to the Treaty on the Functioning of the European Union and the Treaty on European Union,
Having regard to the proposals made by each Member State,
Whereas:
(1)
Article 300(3) of the Treaty on the Functioning of the European Union requires that members or alternate members of the Committee of the Regions, besides being representatives of regional or local bodies, ‘either hold a regional or local authority electoral mandate or are politically accountable to an elected assembly’,
(2)
Article 305 of the Treaty on the Functioning of the European Union provides for the members of the Committee and an equal number of alternate members to be appointed by the Council for five years in accordance with the proposals made by each Member State,
(3)
Article 8 of the Protocol on Transitional Provisions sets out the allocation of members of the Committee of the Regions,
(4)
As the term of office of the members and alternate members of the Committee of the Regions is due to expire on 25 January 2010, new members and alternate members should be appointed to the Committee of the Regions.
(5)
This appointment will be followed at a later date by the appointment of the other members and alternate members whose nominations have not been communicated to the Council before 14 December 2009,
HAS ADOPTED THIS DECISION:
Article 1
The following are hereby appointed to the Committee of the Regions for the period from 26 January 2010 to 25 January 2015:
-
as members, the persons listed by Member State in Annex I,
-
as alternate members, the persons listed by Member State in Annex II.
Article 2
This Decision shall be published in the Official Journal of the European Union.
It shall take enter into force on the date of its adoption.
Done at Brussels, 22 December 2009.
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COMMISSION DIRECTIVE 2006/34/EC
of 21 March 2006
amending the Annex to Directive 2001/15/EC as regards the inclusion of certain substances
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 89/398/EEC of 3 May 1989 on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses (1), and in particular Article 4(2) thereof,
After consulting the European Food Safety Authority,
Whereas:
(1)
Commission Directive 2001/15/EC of 15 February 2001 on substances that may be added for specific nutritional purposes in foods for particular nutritional uses (2) specifies certain categories of substances and mentions for each of them the chemical substances that may be used in the manufacture of foodstuffs for particular nutritional uses.
(2)
Those chemical substances that have been evaluated by the European Food Safety Authority (hereafter ‘the Authority’) and have received a favourable scientific evaluation should be included in the Annex to Directive 2001/15/EC.
(3)
Favourable scientific evaluation for some vitamins and mineral substances has been recently given and made public by the Authority.
(4)
It is appropriate to replace the category heading ‘folic acid’ in order to take account of the inclusion of other forms of folate in the Annex to Directive 2001/15/EC.
(5)
Directive 2001/15/EC should therefore be amended accordingly.
(6)
The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DIRECTIVE:
Article 1
The Annex to Directive 2001/15/EC is amended as set out in the Annex to this Directive.
Article 2
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2006 at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 3
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
Article 4
This Directive is addressed to the Member States.
Done at Brussels, 21 March 2006.
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COMMISSION DECISION of 14 June 1996 laying down animal health conditions and veterinary certificates for the importation of fresh poultrymeat from the Czech Republic (96/387/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 91/494/EEC of 26 June 1991 on animal health conditions governing intra-Community trade in and imports from third countries of fresh poultrymeat (1), as last amended by Directive 93/121/EC (2), and in particular Article 10 (1) b, Article 11 and Article 12 thereof,
Whereas Commission Decision 94/85/EC (3), as last amended by Decision 96/2/EC (4), established a list of third countries, including the Czech Republic, from which the importation of fresh poultrymeat is authorized;
Whereas the Czech Republic is no longer free from Newcastle disease;
Whereas, however, the Czech Republic applies measures to control Newcastle disease which are at least equivalent to those laid down in Council Directive 92/66/EEC (5), as last amended by the Act of Accession of Austria, Finland and Sweden;
Whereas it is appropriate on this basis to allow the importation of fresh poultrymeat from the Czech Republic; whereas therefore the animal health conditions and the veterinary certificates must be laid down;
Whereas it is appropriate to restrict the scope of this Decision to poultry species covered by Council Directive 71/118/EEC (6), as amended and updated by Directive 92/116/EEC (7), and, if necessary, to lay down the animal health conditions and veterinary certification for other poultry species in a separate Decision;
Whereas this Decision applies without prejudice to measures taken for poultrymeat imported for other purposes than human consumption;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THE FOLLOWING DECISION:
Article 1
Member States shall authorize the import of fresh poultry-meat from the Czech Republic, provided that it meets the requirements of the animal health certificate set out in the Annex and that it is accompanied by such a certificate, duly completed and signed.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 14 June 1996.
|
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COMMISSION DECISION of 12 June 1981 approving the programme on the development of sheep farming in Greenland, pursuant to Council Regulation (EEC) No 1821/80 (Only the Danish text is authentic) (81/479/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1821/80 of 24 June 1980 on the development of sheep farming in Greenland (1), and in particular Article 4 thereof,
Whereas the Danish Government forwarded on 19 March 1981 the programme on the development of sheep farming in Greenland;
Whereas the said programme comprises all the particulars, provisions and measures listed in Article 3 of Regulation (EEC) No 1821/80 which ensure that the objectives of the said Regulation may be achieved;
Whereas the EAGGF Committee has been consulted on the financial aspects;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Agricultural Structure,
HAS ADOPTED THIS DECISION:
Article 1
The programme on the development of sheep farming in Greenland, forwarded by the Danish Government pursuant to Regulation (EEC) No 1821/80 on 19 March 1981, is hereby approved.
Article 2
This Decision is addressed to the Kingdom of Denmark.
Done at Brussels, 12 June 1981.
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COMMISSION REGULATION (EC) No 604/2007
of 1 June 2007
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables (1), and in particular Article 4(1) thereof,
Whereas:
(1)
Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.
(2)
In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 2 June 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 1 June 2007.
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COMMISSION REGULATION (EC) No 1607/1999
of 22 July 1999
amending Regulation (EC) No 504/97 laying down detailed rules for the application of Council Regulation (EC) No 2201/96 as regards the system of production aid for products processed from fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2201/96 of 28 October 1996 on the common organisation of the markets in processed fruit and vegetable products(1), as last amended by Regulation (EC) No 2199/97(2), and in particular Article 4(9) thereof,
(1) Whereas Article 2(2) of Commission Regulation (EC) No 504/97(3), as last amended by Regulation (EC) No 702/1999(4), fixes the delivery periods and Article 7(3) of that Regulation lays down provisions concerning amendments to processing contracts; whereas the delivery period for dried plums should be extended and the period for dried figs should be coordinated with the start of the marketing year; whereas, as regards the amendments to contracts, the provisions for figs intended for the production of fig paste should be eased temporarily;
(2) Whereas when products are grown in one Member State and processed in another the authorities of the Member State where the products have been grown should provide proof of payment of the minimum price to the Member State paying the aid;
(3) Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Products Processed from Fruit and Vegetables,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 504/97 is amended as follows:
1. in Article 2(2):
- in point (d), the date "31 December" is replaced by "15 January",
- in point (e), the date "15 July" is replaced by "1 August";
2. in Article 7(3), the following sentence is added: "However, until the 2003/04 marketing year, and in the case of contracts for dried figs intended for the production of fig pastes, amendments my be concluded no later than 31 May and relate to no more than 100 % of the quantities originally stipulated in the contracts.";
3. in Article 11, the following paragraph 6 is added: "6. Where processing takes place outside the Member State in which the product was grown, that Member State shall furnish proof to the Member State paying the production aid that the minimum price payable to the producer has been paid."
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 July 1999.
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Council Decision
of 28 November 2002
establishing a mechanism for evaluating the legal systems and their implementation at national level in the fight against terrorism
(2002/996/JHA)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Articles 29 and 34(1) thereof,
Having regard to the initiative of the Kingdom of Spain(1),
Having regard to the opinion of the European Parliament(2),
Whereas:
(1) The Justice and Home Affairs Council meeting on 20 September 2001 decided, as recorded in point 15 of its Conclusions, to instruct the Article 36 Committee to work out an easier and swifter form of the evaluation mechanism defined in Joint Action 97/827/JHA of 5 December 1997 establishing a mechanism for evaluating the application and implementation at national level of international undertakings in the fight against organised crime(3), in order to define a procedure for the peer assessment of national anti-terrorist arrangements.
(2) It is necessary to improve the national legal systems in the fight against terrorism and their implementation.
(3) The primary responsibility for designing each legal system and implementing it at national level rests with each Member State, although, in the context of the European Union, Member States inform each other of the content in order to achieve greater efficiency in the fight against terrorism.
(4) It is also desirable, in accordance with the content of the abovementioned Council mandate of 20 September 2001, to establish a mechanism which, in the context of the cooperation provided for in the Treaty, enables Member States to evaluate the national legal systems in the fight against terrorism and their implementation on a basis of equality and mutual confidence,
HAS DECIDED AS FOLLOWS:
Article 1
Establishment of the evaluation mechanism
1. A mechanism for peer evaluation of the national arrangements in the fight against terrorism within the framework of international cooperation between Member States shall be established in accordance with the detailed rules set out below.
2. Each Member State shall undertake to ensure that its national authorities cooperate closely with the evaluation teams set up under this Decision with a view to its implementation, with due regard for the rules of law and ethics applicable at national level.
Article 2
Evaluation subjects
1. For each evaluation exercise, the specific subject of the evaluation as well as the order in which Member States are to be evaluated shall be defined by the Article 36 Committee, on a proposal from the Presidency.
Depending on the specific subject chosen for the evaluation, the Article 36 Committee shall also decide whether to designate a Council Working Party subordinate to it to carry out the evaluation or to carry it out itself.
In addition, the Article 36 Committee shall decide the frequency of each evaluation exercise.
2. The Presidency of the Council shall prepare the evaluation assisted by the General Secretariat of the Council which shall use in particular the national experts seconded to it for that purpose. The Commission shall be fully involved in the preparatory work.
3. The first evaluation exercise shall finish no later than mid-2003.
Article 3
Designation of experts
1. Each Member State shall send the General Secretariat of the Council, at the Presidency's initiative, and no later than four weeks after the date on which the Article 36 Committee decides to start an evaluation on a specific subject, the names of one to three experts having substantial experience of the subject to which the evaluation relates in the field of combating terrorism and who are prepared to participate in at least one evaluation exercise.
2. The Presidency shall draw up a list of the experts designated by the Member States and shall forward it to the Article 36 Committee or to the Working Party designated for the purpose.
Article 4
Evaluation team
On the basis of the list referred to in Article 3(2), the Presidency shall choose a team of two experts for the evaluation of each Member State, ensuring that they are not nationals of the Member State in question.
The names of the experts chosen to make up each evaluation team shall be notified to the Article 36 Committee or to the Working Party designated for the purpose.
The evaluation team shall be assisted in all its tasks by the General Secretariat of the Council and by the Commission.
Article 5
Preparation of the questionnaire
The Presidency shall, with the assistance of the General Secretariat of the Council and the Commission, draw up a questionnaire for the purposes of evaluating all Member States in the framework of the specific subject defined in Article 2(1) and shall submit it for approval to the Article 36 Committee or to the Working Party designated for the purpose. In this context, where appropriate, the opinion of any Council Working Party with competence in the subject matter covered by the evaluation shall be requested. The questionnaire shall be designed to establish all information useful for the conduct of the evaluation. The Member State being evaluated shall ensure that it replies to the questionnaire within one month and as fully as possible and attaches where necessary all legal provisions and technical and practical data required.
Article 6
Evaluation visit
No later than six weeks after receiving the reply to the questionnaire, where it is considered appropriate, the evaluation team shall travel to that Member State, with a view to clarifying the replies to the questionnaire, with a programme of visits arranged by the Member State visited on the basis of the evaluation team's proposal, for interviews with the political, administrative, police, customs and judicial authorities and any other relevant body.
Article 7
Preparation of the draft report
No later than 15 days after receiving the replies to the questionnaire or after the visit referred to in Article 6 if such a visit has taken place, the evaluation team shall draw up a concise draft report and submit it to the Member State evaluated, which shall give its opinion within six weeks. If the evaluation team deems it appropriate, it shall amend its report in the light of the comments made by the Member State evaluated.
Article 8
Discussion and adoption of the report
1. The Presidency shall forward the draft report, which shall be confidential, to the members of the Article 36 Committee or to the Working Party designated for the purpose, together with any of the comments by the Member State evaluated which were not accepted by the evaluation team.
2. The meeting of the Article 36 Committee or the Working Party designated for the purpose shall begin with a presentation of the draft report by the members of the evaluation team. The representative of the Member State evaluated shall then provide any comment, information or explanation he deems necessary. The Article 36 Committee or the Working Party designated for the purpose shall then discuss the draft report and adopt its conclusions by consensus.
3. The Presidency shall, at the end of a complete evaluation exercise, inform the Council by the appropriate means of the results of the evaluation exercises. The Council may, where it sees fit, address any recommendations to the Member State concerned and may invite it to report back to the Council on the progress it has made by a deadline to be set by the Council.
4. In accordance with Article 9(2), the Presidency shall inform the European Parliament at the end of a complete evaluation exercise of the implementation of the evaluation mechanism.
Article 9
Confidentiality
1. The experts on the evaluation teams shall be required to respect the confidentiality of any information they receive in connection with their task. Member States shall therefore ensure that the experts they appoint under Article 3 have an appropriate security level.
2. The report drawn up within the framework of this Decision shall be at least a restricted document. However, the Member State evaluated may publish the report on its own responsibility. It shall obtain the Council's consent if it wishes to publish only parts of it.
Article 10
Review of the mechanism
No later than at the end of the first evaluation of all the Member States, the Council shall examine the detailed rules and scope of the mechanism and shall, if appropriate, make adjustments to this Decision.
Article 11
Date of effect
This Decision shall take effect on the day of its publication in the Official Journal.
Article 12
Publication
This Decision shall be published in the Official Journal.
Done at Brussels, 28 November 2002.
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COMMISSION DECISION
of 27 October 2006
not to publish the reference of standard EN ISO 14122-4:2004 ‘Safety of machinery - Permanent means of access to machinery - Part 4: Fixed ladders’ in accordance with Directive 98/37/EC of the European Parliament and of the Council
(notified under document number C(2006) 5062)
(Text with EEA relevance)
(2006/733/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Directive 98/37/EC of the European Parliament and of the Council of 22 June 1998 on the approximation of the laws of the Member States relating to machinery (1), and in particular Article 6(1) thereof,
Having regard to the opinion of the Standing Committee set up under Article 5 of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services (2),
Whereas:
(1)
Directive 98/37/EC provides that machinery may be placed on the market and put into service only if it does not endanger the safety of persons, domestic animals or goods, when properly installed and maintained and used for its intended purpose.
(2)
Where a national standard transposing a harmonised standard, the reference of which has been published in the Official Journal of the European Union, covers one or more essential health and safety requirements set out in Annex I to Directive 98/37/EC, the machine built in accordance with this standard is presumed to meet the essential requirements concerned.
(3)
Pursuant to Article 6(1) of Directive 98/37/EC, France lodged a formal objection in respect of standard EN ISO 14122-4:2004 adopted by the European Committee for Standardisation (CEN) on 18 March 2003, the reference of which has not yet been published in the Official Journal of the European Union.
(4)
Having examined standard EN ISO 14122-4:2004, the Commission has established that the specifications set out in its clauses 4.3.2 (choice of the type of fall protection device) in conjunction with clauses 6.2 (instructions for use) and 6.3 (marking) fail to meet essential requirements 1.1.2(b) (principles of safety integration), 1.5.15 (risk of slipping, tripping or falling) and 1.6.2 (access to operating positions and servicing points) of Annex I to Directive 98/37/EC.
(5)
Specifically, the technical solution described in standard EN ISO 14122-4:2004 - a fall arrester - does not prevent a fall from a fixed ladder. It only limits the consequences of a fall and requires deliberate action on the part of the operator to use personal protective equipment (PPE).
(6)
Fall arresters have several major disadvantages. First, they put constraint on the operator. This may result in operators, and in particular those performing frequent maintenance operations, failing to equip themselves with the PPE before using a fixed ladder. Second, they create secondary hazards in the event of an operator falling and hitting the fixed parts of the machine or installation, if there is not minimum clearance below the operator. Moreover, this unobstructed area must necessarily be larger than the enclosed area required by a cage. Third, they constitute an organisational constraint for companies (management of PPE, need for compatibility between the PPE and the anchorage system). This constraint can lead to malfunctions, which in turn can lead to accidents.
(7)
In contradiction with essential requirement 1.1.2.(b) of Annex I to Directive 98/37/EC, clauses 4.3.2, 6.2 and 6.3 of standard EN ISO 14122-4:2004 put requirements for integrated protective measures (the cage) on the same level as those suitable only for residual risks (PPE).
(8)
The purpose of a standard such as EN ISO 14122-4:2004 is to deal with an aspect of safety relating to a wide range of machinery, and not with specific cases. If, for a specific type of machinery, essential requirements 1.1.2, 1.5.15 and 1.6.2 of Annex I to Directive 98/37/EC cannot be fully satisfied, a standard for that type of machinery may specify the alternative measures to be taken.
(9)
The reference of standard EN ISO 14122-4:2004 should therefore not be published in the Official Journal of the European Union,
HAS ADOPTED THIS DECISION:
Article 1
The reference of standard EN ISO 14122-4:2004 ‘Safety of machinery - Permanent means of access to machinery - Part 4: Fixed ladders’ shall not be published in the Official Journal of the European Union.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 27 October 2006.
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COMMISSION REGULATION (EC) No 3673/93 of 20 December 1993 laying down detailed rules for the application in the poultrymeat sector of Council Regulation (EEC) No 3834/90 reducing for the period 1 January to 30 June 1994 the levies on certain agricultural products originating in developing countries
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 3834/90 of 20 December 1990 extending to 1991 the levies on certain agricultural products originating in developing countries (1), as last amended by Regulation (EEC) No 1028/93 (2), and in particular Article 3 thereof,
Having regard to Council Regulation (EEC) No 2777/75 of 29 October 1975 on the common organization of the market in poultrymeat (3), as last amended by Regulation (EEC) No 1574/93 (4), and in particular Article 15 thereof,
Whereas Regulation (EEC) No 3834/90 introduces arrangements for reducing import levies on certain products in the pigmeat, eggs and poultry and cereals sectors; whereas Council Regulation (EC) No 3667/93 (5), which extends the application of Regulation 3834/90 for the period 1 January to 30 June 1994; whereas detailed rules for the application of that Regulation should be adopted as regards products in the poultrymeat sector with a view to administering the fixed amounts concerned;
Whereas, for the products covered by order Nos 59.0020 and 59.0025 (various duck products), those detailed rules are either supplementary to or derogate from Commission Regulation (EEC) No 3719/88 of 16 November 1988 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (6), as last amended by Regulation (EC) No 3519/93 (7);
Whereas, in order to ensure proper administration of the fixed amounts, for the products covered by order Nos 59.0020 and 59.0025, a security should be required for applications of import licences and certain conditions be laid down as regard applications for licences, in particular restricting the number of operators who can request licences taking into account the limited amounts of products available within the context of this system; whereas the fixed amounts should be staggered over the year and the procedure for lodging licences as well as their duration of validity should be specified; whereas, however, licences must not be valid beyond 30 June 1994;
Whereas it is possible for products covered by order No 59.0030 (various goose products) to replace the system of import licences with a system for monitoring quantities actually imported, which is less restrictive for importers;
Whereas, for the products covered by order No 59.0030, equal and continuous access to the said fixed amount should be ensured for all Community importers and the rates laid down for the fixed amount should be applied consistently to all imports of the product in question into all the Member States until the fixed amount is exhausted; whereas the necessary measures should be taken to ensure efficient Community administration of this fixed amount by providing the opportunity to draw from the volume the necessary quantities corresponding to actual imports; whereas this method of administration requires close cooperation between the Member States and the Commission;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Poultrymeat and Eggs,
HAS ADOPTED THIS REGULATION:
Article 1
All imports into the Community in the framework of Council Regulation (EEC) No 3834/90 of products covered by order Nos 59.0020 or 59.0025 in the Annex to the said Regulation shall be subject to the presentation of an import licence.
Article 2
The fixed amounts coming under order Nos 59.0020 and 59.0025 shall be staggered over the six-months period as follows:
- 50 % in the period 1 January to 31 March 1994,
- 50 % in the period 1 April to 30 June 1994.
Article 3
In order to qualify under the import arrangements provided for in Regulation (EEC) No 3834/90:
(a) applicants for import licences must be natural or legal persons who, at the time at which applications are submitted, can prove to the satisfaction of the competent authorities in the Mamber States that they have imported or exported not less than 50 tonnes (product weight) in the case of products falling within the scope of Regulation (EEC) No 2777/75 in 1992 and between 1 January and 30 November 1993; however, retail establishments and restaurants selling these products to final consumers shall not be eligible for this scheme;
(b) the licence application may only involve order No 59.0020 or 59.0025 referred to in the Annex to Regulation (EEC) No 3834/90. The application may involve several products covered by different CN codes and originating in one developing country. In such cases, all the CN codes shall be indicated in section 16 and their designation in Section 15.
However, each applicant may lodge not more than two applications for import licences for products covered by a single order number, if these products originate in two developing countries. The two applications, one each for a single country of origin, must be submitted simultaneously to the competent authority of a Member State. They shall be considered, as regards the maximum envisaged in the third subparagraph as well as the application of the rule contained in Article 4 (2), as a single application.
A licence application must relate at least to one tonne and to a maximum of 25 % of the quantity available for the order number concerned and for the period as specified in Article 2 in respect of which a licence application is lodged;
(c) Section 8 of licence applications and licences shall show the country of origin; licences shall carry with them an obligation to import from the country indicated;
(d) Section 20 of licence applications and licences shall show one of the following:
Producto SPG (Reglamento (CE) no 3673/93),
GPO-varer (forordning (EF) nr. 3673/93),
APS-Erzeugnis (Verordnung (EG) Nr. 3673/93),
Proion SPG (Kanonismos (EK) arith. 3673/93),
SGP-product (Regulation (EC) No 3673/93),
Produit SPG [règlement (CE) no 3673/93],
Prodotto SPG (regolamento (CE) n. 3673/93),
APS-Produkt (Verordening (EG) nr. 3673/93),
Produto SPG (Regulamento (CE) nº 3673/93);
(e) Section 24 of licences shall show one of the following:
Exacción reguladora reducida en un 50 %,
Nedsaettelse af importafgiften med 50 %,
Verminderung der Abschoepfung um 50 %,
Meiomeni eisfora kata 50 %,
Levy reduced by 50%,
Prélèvement réduit de 50 %,
Prelievo ridotto del 50 %,
Heffing verminderd met 50 %,
Direito nivelador reduzido de 50 %.
Article 4
1. Licence applications may only be lodged during the first 10 days of each period as specified in Article 2.
2. Licence applications shall only be admissible where the applicant declares in writing that he has not submitted and undertakes not to submit any other applications, in respect of the current period, concerning products corresponding to the same order number in the Member State in which his application is lodged or in other Member States; where the same interested party submits applications relating to products with the same order number, all applications from that person shall be inadmissible.
3. The Member States shall notify the Commission, on the fifth working day following the end of the application submission period, of applications lodged for each of the products covered by the order numbers in question. Such notification shall comprise a list of applicants and quantities applied for under each order number as well as of the countries of origin. All notifications, including notifications of nil applications, shall be made by telex or telecopy on the working day stipulated, drawn up on the model found in Annex I in the case where no request is made and in the case where requests have been made drawn up on the model found in Annexes I and II.
4. The Commission shall decide as soon as possible to what extent quantities may be awarded in respect of applications as referred to in Article 3.
If quantities in respect of which licences have been applied for exceed the quantities available, the Commission shall fix a single percentage reduction in quantities applied for.
If the overall quantity for which applications have been submitted is less than the quantity available, the Commission shall calculate the quantity remaining, which shall be added to the quantity available in respect of the following period.
5. Licences are issued as soon as possible after the decision is taken by the Commission.
6. Licences issued shall be valid throughout the Community.
Article 5
Pursuant to Article 21 (2) of Regulation (EEC) No 3719/88, import licences shall be valid for 90 days from the date of actual issue.
However, licences may not be valid after 30 June of the year of issue.
Import licences issued pursuant to this Regulation shall not be transferable.
Article 6
A security of ECU 20 per 100 kilograms shall be lodged for import licence applications for all products referred to in Article 1.
Article 7
Without prejudice to the provisions of this Regulation, Regulation (EEC) No 3719/88 shall apply.
However, Article 8 (4) of that Regulation notwithstanding, the quantity imported in the framework of Regulation (EEC) No 3834/90 may not exceed that indicated in sections 17 and 18 if import licences. The figure 0 shall be entered to that effect in section 19 of licences.
Article 8
The fixed amount for the products covered by order No 59.0030 in the Annex to Regulation (EEC) No 3834/90 shall be administered by the Commission, which may take any appropriate measure with a view to ensuring the efficient administration thereof.
Article 9
1. In order to qualify under the import arrangements provided for in Regulation (EEC) No 3834/90 for products covered by order No 59.0030 in the Annex to the said Regulation, the importer must present the competent authorities of the importing Member State with a declaration of entry into free circulation comprising an application to this effect for the products in question accompanied by a certificate of origin. If this declaration is accepted by the competent authorities of that Member State, those authorities shall communicate to the Commission the requests for drawing from the fixed amount involved.
2. The requests for drawing, bearing the date of acceptance of the declaration of entry into free circulation, shall be communicated to the Commission without delay.
3. The drawings are granted by the Commission on the basis of the date of acceptance of the declarations of entry into free circulation by the competent authorities of the importing Member State, to the extent that the available balance so permits.
Any drawing not used shall be returned as soon as possible to the fixed amount for the year for which it was allocated.
When the quantities requested are greater than the available balance of the fixed amount, allocation shall be made on a pro rata basis with respect to the requests. The Commission shall inform Member States of the drawings made as quickly as possible.
Article 10
Each Member State shall ensure that importers of the products covered by order No 59.0030 in the Annex to Regulation (EEC) No 3834/90 have equal and continuous access to the fixed amount for such time as the residual balance of the fixed amount volume so permits.
Article 11
Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with.
Article 12
It shall apply from 1 January 1994.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 December 1993.
|
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COMMISSION REGULATION (EC) No 1200/2008
of 2 December 2008
amending Regulation (EC) No 1186/2008 fixing the import duties in the cereals sector applicable from 1 December 2008
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
Having regard to Commission Regulation (EC) No 1249/96 of 28 June 1996 laying down detailed rules for the application of Council Regulation (EEC) No 1766/92 in respect of import duties in the cereals sector (2), and in particular Article 2(1) thereof,
Whereas:
(1)
The import duties in the cereals sector applicable from 1 December 2008 were fixed by Commission Regulation (EC) No 1186/2008 (3).
(2)
As the average of the import duties calculated differs by more than EUR 5/tonne from that fixed, a corresponding adjustment must be made to the import duties fixed by Regulation (EC) No 1186/2008.
(3)
Regulation (EC) No 1186/2008 should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
Annexes I and II to Regulation (EC) No 1186/2008 are hereby replaced by the text in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
It shall apply from 3 December 2008.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 2 December 2008.
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*****
COUNCIL REGULATION (EEC) No 1771/90
of 26 June 1990
amending Regulation (EEC) No 1010/86 laying down general rules for the production refund on certain sugar products used in the chemical industry
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1785/81 of 30 June 1981 on the common organization of the markets in the sugar sector (1), as last amended by Regulation (EEC) No 1069/89 (2), and in particular Article 9 (5) thereof,
Having regard to the proposal from the Commission,
Whereas, under Article 9 (3) of Regulation (EEC) No 1785/81, it may be decided to grant production refunds on sugar, unprocessed isoglucose and syrups covered by that Regulation which are used in the manufacture of certain products of the chemical industry;
Whereas Regulation (EEC) No 1010/86 (3), as last amended by Regulation (EEC) No 1438/90 (4), lays down the general rules for the system applicable from 1 July 1986 to sugar sector products used for the manufacture of chemical products; whereas the system aims to promote, on the one hand, the development of the use of sugar sector products by the chemical industry and, on the other, the development of biotechnology on the basis of these basic products, by aligning the price products on the prices of the world market in sugar; whereas, with this in view, the system provides for a transitional period of four marketing years in order to apply in a progressive manner the principle whereby the production refunds should be established by reference to the world and Community sugar prices, account being taken of a standard amout of ECU 7 per 100 kilograms, to be added to the world market price for sugar, corresponding to the forwarding costs for the export of Community sugar inclusive of a flat rate element intended in particular to avoid the sale of sale at a price lower than the world market price which, by nature, is very volatile;
Whereas the experience gained from the operation of the said arrangements during the four marketing years of the transitional period demonstrates the necessity for, on the one hand, finally placing the Community chemical industry that is the consumer of the sugar sector products under conditions comparable to those valid for the chemical industry that obtains its supplies from the world sugar market and, on the other hand, opening up the non-food outlets even further to the Community industry producing those sugar sector products; whereas, in order to do this, the system must be pursued by applying in full from now on the exclusive reference to the world and Community markets for sugar; whereas the pursuance of the arrangements must no longer be subject to a time limit in order to permit the industries in question, through increased certainty as to the law, to make the long term investments which are often heavy, particularly those for new products;
Whereas, in view of the establishment from now on the production refund by reference to the sugar market alone, it is no longer necessary to refer to the cereals marketing year as defined in Article 2 of Regulation (EEC) No 2727/75 (5), as last amended by Regulation (EEC) No 201/90 (6),
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 1010/86 is hereby amended as follows:
1. Article 1 (3) is deleted.
2. The following new Article 4a is inserted:
'Article 4a
1. As from the 1990/91 marketing year, the amount of the production refund per 100 kilograms of white sugar shall be fixed taking into account the world market price for white sugar plus a standard amount of ECU 7 per 100 kilograms of white sugar and the price of Community sugar.
2. For the purpose of implementing paragraph1, the following definitions shall apply:
(a) world market price for sugar: the price of Community sugar less the average of the export refunds for white sugar recorded during the reference period in question after deduction of a standard amount of ECU 7 per 100 kilograms;
(b) price of Community sugar: the intervention price for white sugar plus the storage levy.'
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 26 June 1990.
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COMMISSION DECISION of 31 July 1992 concerning animal health conditions and veterinary certificates for the import of domestic animals of the bovine and porcine species from Romania (92/402/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon the import of bovine, ovine and caprine animals and swine, fresh meat or meat products from third countries (1), as last amended by Regulation (EEC) No 3763/91 (2), and in particular Article 5, 8 and 11 thereof,
Whereas Member States shall import domestic animals of the bovine and porcine species in accordance with the provisions of Council Directive 91/496/EEC (3) which lays down the principles governing the organization of veterinary checks on animals entering the Community from third countries;
Whereas the geographical proximity of Romania to the Community has implications for trade in live animals;
Whereas following Community veterinary missions it appears that animal health in Romania is controlled by veterinary services which, although currently in the process of reorganization, can nevertheless offer satisfactory guarantees concerning diseases which might be transmitted through the import of domestic animals of the bovine or porcine species;
Whereas the responsible Romanian veterinary authorities have confirmed that Romania has during the last 24 months been free from foot-and-mouth disease and during the last 12 months been free from rinderpest, contagious bovine pleuro-pneumonia, vesicular stomatitis, bluetongue, classical swine fever, African swine fever, porcine enteroviral encephalomyelitis (Teschen disease), swine vesicular disease and vesicular exanthema and that no vaccinations have been carried out against any of those diseases, other than foot-and-mouth disease and classical swine fever, during the last 12 months;
Whereas the responsible Romanian veterinary authorities have undertaken to notify the Commission and the Member States, by telex or telefax, within 24 hours, of the confirmation of the occurrence of any of the abovementioned diseases or of the adoption of vaccination against any of them or, within an appropriate period, of any proposed changes in the Romanian import rules concerning bovine animals or swine or their semen or embryos;
Whereas bovine tuberculosis and brucellosis have been eradicated from Romania, whereas vaccination against bovine brucellosis is not permitted and whereas the measures taken by the responsible Romanian authorities to prevent a recrudescence of these diseases are sufficient to equate the status of Romanian herds, other than those under official restriction, with that of herds in the Community having the status of officially tuberculosis-free or officially brucellosis-free;
Whereas the responsible Romanian veterinary authorities have undertaken to supervise officially the issue of certificates arising from this Decision and to ensure that all relevant certificates, declarations and statements on which export certification may have been based remain on official file for at least 12 months following the dispatch of the animals to which they refer;
Whereas the responsible Romanian veterinary authorities have undertaken not to permit the issue of the certificates described in the Annexes to this Decision in respect of animals which have been imported into Romania unless such animals were imported in accordance with veterinary conditions at least as strict as the relevant requirements laid down in Directive 72/462/EEC, including any relevant subsidiary decisions;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
1. Without prejudice to paragraphs 2 and 4, Member States shall authorize the import from Romania of the following animals:
(a) domestic animals of the bovine species for breeding or production which meet the requirements set out in the animal health certificate in Annex A to this Decision and are accompanied by such a certificate;
(b) domestic animals of the bovine species for slaughter which meet the requirements set out in the animal health certificate in Annex B to this Decision and are accompanied by such a certificate;
and, from a date to be decided according to the procedure laid down in Article 29 of Directive 72/462/EEC, but not earlier than 12 months after the date on which vaccination against classical swine fever has been officially prohibited in Romania:
(c) domestic animals of the porcine species for breeding or production which meet the requirements set out in the animal health certificate in Annex C to this Decision and are accompanied by such a certificate;
(d) domestic animals of the porcine species for slaughter which meet the requirements set out in the animal health certificate in Annex D to this Decision and are accompanied by such a certificate.
2. Member States may only authorize the importation from Romania of the domestic animals of the bovine or porcine species indicated in paragraph 1 which have been imported into Romania if such animals were imported from the Community or from a third country included in the list set out in the Annex to Council Decision 79/542/EEC (4) in so far as it covers domestic animals of these species and only if the importation was effected in accordance with veterinary conditions at least as strict as the requirements of Chapter II of Directive 72/462/EEC, including any relevant subsidiary decisions.
3. Member States shall require that animals which are submitted to tests in application of this Decision are continuously isolated under conditions approved by an official Romanian veterinarian from all cloven-hoofed animals not intended for export to the Community or not of equivalent health status to such animals from the time of the first test to the time of loading.
4. Member States may only permit the entry onto their territory from Romania of bovine animals if such animals:
(a) come from herds declared by the Romanian veterinary authorities to be enzootic bovine leukosis-free as defined in Annex E to this Decision and have been subjected, within 30 days before export and with negative result, to an individual test for enzootic bovine leukosis carried out according to the Protocol in Annex I to Commission Decision 91/189/EEC (5);
or
(b) are intended for meat production, are not more than 30 months of age, come from herds which are included in a national programme for the eradication of enzootic bovine leukosis and in which there has been no evidence whatever of that disease for at least two years and are permanently marked as described in Annex F to this Decision;
or
(c) come from herds which are included in a national programme for the eradication of enzootic bovine leukosis, are consigned directly to a slaughterhouse and are slaughtered within three working days of their arrival there.
In the case of the animals referred to at (b) and (c) above, Member States shall ensure, by inspection, that such animals are clearly identified, shall supervise them until slaughter and shall take all measures to prevent contamination of indigenous herds.
5. Member States shall not authorize the importation of domestic animals of the bovine or porcine species other than as indicated in this Article.
Article 2
Pending the entry into force of any measures adopted by the Community for the eradication, prevention or control of a contagious or infectious bovine or porcine disease other than rabies, tuberculosis, brucellosis, foot-and-mouth disease, anthrax, rinderpest, contagious bovine pleuropneumonia, enzootic bovine leukosis, porcine enteroviral encephalomyelitis (Teschen disease), classical swine fever, African swine fever or swine vesicular disease, Member States may apply in respect of animals imported from Romania such additional health conditions as they apply to other animals within the framework of a national programme, submitted to and approved by the Commission, for the eradication, prevention or control of such disease.
As a temporary measure up to and including 31 December 1992, Member States may apply this Article in respect of national programmes which have been submitted to but not yet approved by the Commission but in that case they must, without delay, provide the Commission and the other Member States with details of the relevant health conditions.
Article 3
1. Member States shall, up to and including 31 October 1992, render the introduction onto their territory of bovine or porcine animals from Romania subject to the following conditions:
- a guarantee that the animals to be imported have not been vaccinated against foot-and-mouth disease,
- a guarantee, in the case of bovines, that the animals to be imported have reacted negatively to a foot-and-mouth virus test carried out by the laryngo-pharyngeal scrape method (probang test),
- a guarantee that the animals to be imported have reacted negatively to a serological test carried out to detect the presence of foot-and-mouth antibodies,
- a guarantee that the animals to be imported have been isolated for at least 14 days at a quarantine station in Romania under the surveillance of an official veterinarian, that no animal on the premises of isolation has been vaccinated against foot-and-mouth disease during the 21 days preceding export and that no animal other than those forming part of the consignment has been introduced to the premises of isolation during the same period,
- quarantine on the territory of the importing Member State or elsewhere for a period of 21 days.
Nevertheless, Member States which were practising vaccination against foot-and-mouth disease on 31 December 1990 and subsequently ceased such vaccination may, as a transitional measure, accept animals from Romania without requiring the guarantees set out above provided that the animals either were not vaccinated or, in the case of bovines only, were vaccinated before the date on which vaccination officially ceased in the importing Member State.
2. Member States shall, after 1 November 1992, make the introduction onto their territory of bovine or porcine animals from Romania subject to a guarantee that the animals to be imported have not been vaccinated against foot-and-mouth disease.
3. Member States shall make the introduction onto their territory of pigs from Romania subject to a guarantee that they have not been vaccinated against classical swine fever and, in the case of pigs intended for breeding or production, a guarantee that they have shown a negative result to a test for the antibody produced by the virus of classical swine fever.
Article 4
This Decision shall enter into force 30 days after the date of its notification to the Member States.
Article 5
This Decision is addressed to the Member States.
Done at Brussels, 31 July 1992.
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COMMISSION DECISION of 14 July 1994 amending Decision 94/269/EC laying down specific conditions for importing fishery and aquaculture products from Colombia (94/469/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 91/493/EEC of 22 July 1991 (1), laying down the health conditions for the production and the placing on the market of fishery products, and in particular Article 11 (5) thereof,
Whereas the list of establishments approved by Colombia for importing fishery and aquaculture products into the Community has been drawn up in Decision 94/269/EC (2); whereas this list may be amended following the communication of a new list by the competent authority in Colombia;
Whereas the competent authority in Colombia has communicated a new list adding 20 establishments;
Whereas it is necessary to amend the list of approved establishments accordingly;
Whereas the measures provided for in this Decision have been drawn up in accordance with the procedure laid down by Commission Decision 90/13/EEC (3),
HAS ADOPTED THIS DECISION:
Article 1
Annex B of Decision 94/269/EC is replaced by the Annex to this Decision.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 14 July 1994.
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COUNCIL DECISION
of 14 December 1992
concerning the conclusion of a trade and cooperation agreement between the European Economic Community and Macao
(92/605/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 113 and 235 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Whereas the Agreement for trade and cooperation between the European Economic Community and Macao should be approved,
HAS DECIDED AS FOLLOWS:
Article 1
The Agreement for trade and cooperation between the European Economic Community and Macao is hereby approved on behalf of the Community.
The text of the Agreement is attached to this Decision.
Article 2
The President of the Council shall give the notification provided for in Article 19 of the Agreement (2).
Article 3
The Commission, assisted by representatives of the Member States, shall represent the Community in the Joint Committee set up by Article 16 of the Agreement.
Article 4
This Decision shall be published in the Official Journal of the European Communities.
Done at Luxembourg, 14 December 1992.
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