coastalcph/lex_glue huggingface dataset:
Decision No 178
of 9 December 1999
on the interpretation of Article 111(1) and (2) of Regulation (EEC) No 574/72
(2000/749/EC)
THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS,
Having regard to Article 81(a) of Council Regulation (EEC) No 1408/71(1), according to which the Administrative Commission shall deal with all administrative questions and questions of interpretation arising from the provisions of Regulations (EEC) No 1408/71 and (EEC) No 574/72,
Whereas:
(1) The interpretation of Article 111(1) and (2) of Regulation (EEC) No 574/72 has given rise to repeated difficulties.
(2) A uniform interpretation in all Member States is required.
(3) Acting in accordance with the conditions laid down in Article 80(3) of Regulation (EEC) No 1408/71,
HAS DECIDED AS FOLLOWS:
1. The words "recipient of benefits" in Article 111(1) and (2) of Regulation (EEC) No 574/72 shall be taken to mean:
- the person, who under the national legislation of a Member State has entitlement to benefit regardless of the fact that the benefit may be calculated or provided on the basis of periods of insurance and/or residence completed by another person, and, consequently, to whom the actual payment is directed, but not necessarily collected.
"Recipient of benefits" should not be taken to mean a parent, agent, proxyholder or legal guardian, who collects the benefit on behalf of the recipient.
2. Any deductions made by virtue of Article 111(2) of Regulation (EEC) No 574/72 may be from arrears or on-going payments to a recipient of benefits regardless of the social security branch under which the benefit is paid on the condition that the deduction fulfils the requirements in both the legislation of the Member State which seeks to recover the overpayment and in the Member State which is requested to make the deduction.
3. This Decision shall be published in the Official Journal of the European Communities. It shall be applicable from the first day of the month following its publication.
The Chairman of the Administrative Commission
Jorma Perälä
(1) Amended and updated by Council Regulation (EC) No 118/97 of 2 December 1996 (OJ L 28, 30.1.1997, p. 1).
Commission Regulation (EC) No 223/2004
of 9 February 2004
supplementing the Annex to Regulation (EC) No 2301/97 on the entry of certain names in the Register of certificates of specific character provided for in Council Regulation (EEC) 2082/92 on certificates of specific character for agricultural products and foodstuffs (Hushållsost)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2082/92 of 14 July 1992 on certificates of specific character for agricultural products and foodstuffs(1), and in particular Article 9(1) thereof,
Whereas:
(1) In accordance with Article 7 of Regulation (EEC) No 2082/92, Sweden has forwarded an application to the Commission for the name "Hushållsost" to be entered in the Register of certificates of specific character.
(2) The description "traditional speciality guaranteed" can only be used with names entered in that Register.
(3) No objection under Article 8 of that Regulation was sent to the Commission following the publication in the Official Journal of the European Union(2) of the name set out in the Annex hereto.
(4) As a consequence, the name set out in the Annex should be entered in the Register of certificates of specific character and thereby protected as a traditional speciality guaranteed within the Community under Article 13(1) of Regulation (EEC) No 2082/92.
(5) The Annex hereto supplements the Annex to Commission Regulation (EC) No 2301/97(3),
HAS ADOPTED THIS REGULATION:
Article 1
The name in the Annex hereto is hereby added to the Annex to Regulation (EC) No 2301/97 and entered in the Register of certificates of specific character in accordance with Article 9(1) of Regulation (EEC) No 2082/92.
Protection under Article 13(2) of that Regulation shall not apply.
Article 2
This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 February 2004.
COMMISSION REGULATION (EC) No 1368/1999
of 25 June 1999
fixing additional aid for tomato concentrates and their derivatives for the 1998/99 marketing year
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 Commission Regulation (EC) No 1518/98(3) set for the 1998/99 marketing year the minimum price and the amount of production aid for processed tomato products;
(2) Whereas Article 4(10) of Regulation (EC) No 2201/96 lays down that the aid set for tomato concentrates and their derivatives is to be reduced by 5,37 % so as not to exceed overall expenditure following the increase in French and Portuguese quotas for concentrates; whereas additional aid may be paid after the marketing year if the increase in French and Portuguese quotas is not entirely used up;
(3) Whereas, in accordance with Article 17(2) of Commission Regulation (EC) No 504/97(4), as last amended by Regulation (EC) No 702/1999(5), the Member States sent the Commission detailes of the quantities of tomatoes processed within quota and in excess of the quota; whereas the French and Portuguese quotas for concentrates were not entirely used up in the 1998/99 marketing year; whereas, therefore, additional aid supplementary to that set for tomato concentrates and their derivatives in Regulation (EC) No 1518/98 should be paid to processors who have submitted aid applications in accordance with Article 11(4) of Regulation (EC) No 504/97;
(4) 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
1. For the 1998/99 marketing year, the additional aid for tomato concentrate, juice and flakes as referred to in the second subparagraph of Article 4(10) of Regulation (EC) No 2201/96 shall be as set out in the Annex hereto.
2. The agency referred to in Article 11(1) of Regulation (EC) No 504/97 shall pay processors the additional aid fixed by this Regulation on the basis of aid applications submitted in accordance with that Article.
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 June 1999.
*****
COMMISSION REGULATION (EEC) No 3443/86
of 12 November 1986
amending Regulation (EEC) No 2167/83 laying down detailed rules for the supply of milk and certain milk products to schoolchildren
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of the market in milk and milk products (1), as last amended by Regulation (EEC) No 1335/86 (2), and in particular Article 26 (4) thereof,
Whereas the Annex to Commission Regulation (EEC) No 2167/83 (3), as last amended by Regulation (EEC) No 3208/85 (4), sets out the list of products qualifying for Community aid;
Whereas yoghourt containing fruit pulp the whole milk or semi-skimmed milk content by weight of which is less than the minimum required at present under Regulation (EEC) No 2167/83 may be found on the market; whereas the said Regulation should be extended to cover such types of products; whereas the Annex to Regulation (EEC) No 2167/83 should be amended accordingly;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,
HAS ADOPTED THIS REGULATION:
Article 1
The Annex to Regulation (EEC) No 2167/83 is hereby amended as follows:
1. In Category I, 1 (e) is replaced by the following:
'(e) yoghourt containing sugar, chocolate flavour, or flavoured with fruit containing a minimum of 85 % whole milk by weight, or yoghourt to which fruit pulp has been added and containing a minimum of 80 % whole milk by weight';
2. In Category II, 1 (d) is replaced by the following:
'(d) yoghourt containing sugar, chocolate flavour, or flavoured with fruit containing a minimum of 85 % semi-skimmed milk by weight, or yoghourt to which fruit pulp has been added and containing a minimum of 80 % semi-skimmed milk by weight.'
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 12 November 1986.
Council Decision
of 17 July 2000
amending Decision 1999/311/EC adopting the third phase of the trans-European cooperation scheme for higher education (Tempus III) (2000 to 2006)
(2000/460/EC)
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 of the Commission,
Having regard to the opinion of the European Parliament(1),
Having regard to the opinion of the Economic and Social Committee(2),
Having regard to the opinion of the Committee of the Regions(3),
Whereas:
(1) By Decision 1999/311/EC(4) the Council adopted the third phase of the trans-European cooperation scheme for higher education (Tempus III) (2000 to 2006).
(2) This programme is intended for the non-associated countries of central and eastern Europe eligible for economic aid by virtue of Regulation (EEC) No 3906/89 (PHARE programme)(5) or the programme intended to replace it and the new independent states of the former Soviet Union and Mongolia as laid down in Council Regulation (EC, Euratom) No 99/2000 of 29 December 1999 concerning the provision of assistance to the partner States in Eastern Europe and Central Asia(6) (which replaces the old TACIS programme).
(3) The footnote inserted in Article 2 states that "at present" the programme relates to Albania, Bosnia-Herzegovina and the former Yugoslav Republic of Macedonia.
(4) It is important to be able to extend the Tempus III programme to other countries in the region in future, in particular Croatia,
HAS DECIDED AS FOLLOWS:
Article 1
Decision 1999/311/EC is hereby amended as follows:
1. In Article 2, the first paragraph shall be replaced by the following:"Tempus III concerns the non-associated countries of central and eastern Europe designated as eligible for economic aid by virtue of Regulation (EEC) No 3906/89 (PHARE programme) or the programme intended to replace it, and the new independent states of the former Soviet Union and Mongolia mentioned in Regulation (EC, Euratom) No 99/2000 (which replaces the old TACIS programme). These countries are hereinafter referred to as 'eligible countries'."
2. Footnote 1 shall be deleted.
Article 2
This Decision shall take effect on the day of its publication in the Official Journal of the European Communities.
Done at Brussels, 17 July 2000.
Commission Regulation (EC) No 1199/2002
of 3 July 2002
on the issuing of system B export licences for fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 1961/2001 of 8 October 2001 on detailed rules for implementing Council Regulation (EC) No 2200/96 as regards export refunds on fruit and vegetables(1), as amended by Regulation (EC) No 1176/2002(2), and in particular Article 6(7) thereof,
Whereas:
(1) Commission Regulation (EC) No 678/2002(3) fixed the indicative quantities laid down for the issue of export licences other than those requested in the context of food aid.
(2) In the light of information now available to the Commission, the indicative quantities have been exceeded in the case of lemons.
(3) Those overruns are without prejudice to compliance with the limits resulting from the agreements concluded in accordance with Article 300 of the Treaty. The rate of refund for all products covered by licences applied for under system B from 15 May to 3 June 2002 should be the indicative rate,
HAS ADOPTED THIS REGULATION:
Article 1
The percentages for the issuing of system B export licences, as referred to in Article 6 of Regulation (EC) No 1961/2001, and applied for between 15 May and 3 June 2002, by which the quantities applied for and the rates of refund applicable must be multiplied, are as fixed in the Annex hereto.
The above subparagraph does not apply to licences applied for in connection with food-aid operations as provided for in Article 10(4) of the Agreement on Agriculture concluded during the Uruguay Round of multilateral trade negotiations.
Article 2
This Regulation shall enter into force on 4 July 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 July 2002.
*****
COMMISSION REGULATION (EEC) No 143/86
of 24 January 1986
derogating from Regulation (EEC) No 3061/84 as regards the time limits for the submission of crop declarations relating to olive trees in respect of the 1985/86 marketing year
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common organization of the market in oils and fats (1), as last amended by Regulation (EEC) No 3768/85 (2),
Having regard to Council Regulation (EEC) No 2261/84 of 17 July 1984 laying down general rules on the granting of aid for the production of olive oil and of aid to olive oil producer organizations (3), and in particular Article 19 thereof,
Whereas, under Articles 1 (1) and 4 (1) of Commission Regulation (EEC) No 3061/84 (4), olive growers must lodge their crop declarations as referred to in Article 3 (1) and (2) of Regulation (EEC) No 2261/84 not later than 30 November of each marketing year, and producer organizations or associations thereof must lodge their members' crop declarations not later than 31 December of each marketing year;
Whereas in the winter of 1985 frosts of exceptional severity and duration resulted in serious damage to olive trees; whereas substantial adjustments should accordingly be made to the data recorded in crop declarations for the 1984/85 marketing year; whereas the time limits laid down for the lodging of crop declarations are therefore no longer suitable; whereas the time limits should accordingly be extended for the 1985/86 marketing year;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Oils and Fats,
HAS ADOPTED THIS REGULATION:
Article 1
For the 1985/86 marketing year, the crop declarations as referred to in Article 3 (1) and (2) of Regulation (EEC) No 2261/84 shall be lodged not later than:
- 31 January 1986, by olive growers,
- 28 February 1986, by producer organizations or, where appropriate, associations thereof.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It shall apply with effect from 1 December 1985.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 January 1986.
COMMISSION DECISION of 23 November 1995 repealing recommendation 88/285/EEC on third party financing (95/504/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community, and in particular Article 155 thereof,
Whereas Commission recommendation 88/285/EEC (1) was adopted in order to propose measures to the Member States to encourage third party financing for investments in energy efficiency;
Whereas the area targeted by this recommendation has now been covered by Council Directive 93/76/EEC of 13 September 1993 to limit carbon dioxide emissions by improving energy efficiency (SAVE) (2);
Whereas the Commission's assessment in 1991 of the implementation of this recommendation by the Member States show the results to be very uneven and in some cases fairly ineffectual;
Whereas recommendation 88/285/EEC has been overtaken by developments in the Community's legislative process and is thus no longer relevant,
HAS ADOPTED THIS DECISION:
Article 1
Recommendation 88/285/EEC is hereby repealed.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 23 November 1995.
COMMISSION REGULATION (EU) No 39/2010
of 15 January 2010
fixing the import duties in the cereals sector applicable from 16 January 2010
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
Having regard to Commission Regulation (EC) No 1249/96 of 28 June 1996 laying down detailed rules for the application of Council Regulation (EEC) No 1766/92 in respect of import duties in the cereals sector (2), and in particular Article 2(1) thereof,
Whereas:
(1)
Article 136(1) of Regulation (EC) No 1234/2007 states that the import duty on products falling within CN codes 1001 10 00, 1001 90 91, ex 1001 90 99 (high quality common wheat), 1002, ex 1005 other than hybrid seed, and ex 1007 other than hybrids for sowing, is to be equal to the intervention price valid for such products on importation increased by 55 %, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the rate of duty in the Common Customs Tariff.
(2)
Article 136(2) of Regulation (EC) No 1234/2007 lays down that, for the purposes of calculating the import duty referred to in paragraph 1 of that Article, representative cif import prices are to be established on a regular basis for the products in question.
(3)
Under Article 2(2) of Regulation (EC) No 1249/96, the price to be used for the calculation of the import duty on products of CN codes 1001 10 00, 1001 90 91, ex 1001 90 99 (high quality common wheat), 1002 00, 1005 10 90, 1005 90 00 and 1007 00 90 is the daily cif representative import price determined as specified in Article 4 of that Regulation.
(4)
Import duties should be fixed for the period from 16 January 2010 and should apply until new import duties are fixed and enter into force,
HAS ADOPTED THIS REGULATION:
Article 1
From 16 January 2010, the import duties in the cereals sector referred to in Article 136(1) of Regulation (EC) No 1234/2007 shall be those fixed in Annex I to this Regulation on the basis of the information contained in Annex II.
Article 2
This Regulation shall enter into force on 16 January 2010.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 15 January 2010.
COMMISSION REGULATION (EEC) No 3753/91 of 19 December 1991 re-establishing the levying of customs duties on products falling within CN code 2941 20 10, originating in China, to which the preferential tariff arrangements set out in Council Regulation (EEC) No 3831/90 apply
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3831/90 of 20 December 1990 applying generalized tariff preferences for 1991 in respect of certain industrial products originating in developing countries (1), and in particular Article 9 thereof,
Whereas, purusant to Article 1 of that Regulation, customs duties on certain products originating in each of the countries or territories listed in Annex III are totally suspended, and the products as such are, as a general rule, subject to statistical surveillance every three months on the reference base referred to in Article 8;
Whereas, as provided for in Article 8, where the increase of preferential imports of these products, originating in one or more beneficiary countries, threatens to cause economic difficulties in a region of the Community, the levying of customs duties may be re-established, once the Commission has had an appropriate exchange of information with the Member States; whereas for this purpose the reference base to be considered is equal, as a general rule, to 6,3 % of the total importations into the Community, originating from third countries in 1988;
Whereas, in the case of products falling within CN code 2941 20 10, originating in China, the reference base is fixed at ECU 222 000; whereas that reference base was reached on 18 July 1991 by charges of imports into the Community of the products in question originating in China; whereas the exchange of information organized by the Commission has demonstrated that continuance of the preference threatens to cause economic difficulties in a region of the Community; whereas, therefore, customs duties for the products in question must be re-established with regard to China,
HAS ADOPTED THIS REGULATION:
Article 1
As from 24 December 1991, the levying of customs duties, suspended pursuant to Council Regulation (EEC) No 3831/90, shall be re-established on imports into the Community of the following products, originating in China:
CN code Description 2941 20 10 Dihydrostreptomycin
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, 19 December 1991.
Commission Regulation (EC) No 173/2003
of 30 January 2003
concerning tenders notified in response to the invitation to tender for the export of rye issued in Regulation (EC) No 900/2002
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals(1), as last amended by Regulation (EC) No 1666/2000(2),
Having regard to Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules for the application of Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals(3), as last amended by Regulation (EC) No 1163/2002(4), as amended by Regulation (EC) No 1324/2002(5), and in particular Article 7 thereof,
Whereas:
(1) An invitation to tender for the refund for the export of rye to all third countries excluding Hungary, Estonia, Lithuania and Latvia was opened pursuant to Commission Regulation (EC) No 900/2002(6), as last amended by Regulation (EC) No 2330/2002(7).
(2) Article 7 of Regulation (EC) No 1501/95 allows the Commission to decide, in accordance with the procedure laid down in Article 23 of Regulation (EEC) No 1766/92 and on the basis of the tenders notified, to make no award.
(3) On the basis of the criteria laid down in Article 1 of Regulation (EC) No 1501/95 a maximum refund should not be fixed.
(4) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for cereals,
HAS ADOPTED THIS REGULATION:
Article 1
No action shall be taken on the tenders notified from 24 to 30 January 2003 in response to the invitation to tender for the refund for the export of rye issued in Regulation (EC) No 900/2002.
Article 2
This Regulation shall enter into force on 31 January 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 January 2003.