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COMMISSION DECISION

of 5 June 1991

requiring the United Kingdom to postpone the adoption of a draft regulation concerning cheeses made from unpasteurized milk

( Only the English text is authentic )

( 91/333/EEC )

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard 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 ( 1 ), as last amended by Commission Directive 91/72/EEC ( 2 ), and in particular Articles 16 and 17 thereof,

Whereas, in accordance with the procedure laid down in Article 16 ( 2 ) of Directive 79/112/EEC, the United Kingdom authorities notified the Commission of their intention to introduce legislation on the labelling of cheeses made from unpasteurized milk;

Whereas the draft requires that the labels of such cheeses carry the following indication : "made from unpasteurized milk';

Whereas, in accordance with Article 16 ( 2 ) of Directive 79/112/EEC, the Commission has consulted the other Member States within the Standing Committee on Foodstuffs;

Whereas it is generally recognized that it is very important for consumers to be properly informed of the precise nature of the products they purchase, and it would therefore be useful to make an indication on the cheese labels of the untreated state of the milk compulsory;

Whereas, however, the unilateral application of such a measure by the United Kingdom would be bound to hamper intra-Community trade considerably;

Whereas this fact has led the Commission to deliver a negative opinion, in accordance with the second subparagraph of Article 16 ( 2 ) of Directive 79/112/EEC;

Whereas the most satisfactory solution to the problem raised by the United Kingdom's draft legislation would be to draw up a Community labelling provision;

Whereas the wording of the indication, viz . "made from untreated milk' or "made from unpasteurized milk' has still to be discussed;

Whereas any national initiative in this area should therefore be postponed for an appropriate period;

Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Foodstuffs,

HAS ADOPTED THIS DECISION :

Article 1

The United Kingdom shall postpone for 12 months from the notification of this Decision adoption of its draft legislation requiring the labels of cheeses made from untreated milk sold on its territory to carry the indication "made from unpasteurized milk '.

Article 2

This Decision is addressed to the United Kingdom .

Done at Brussels, 5 June 1991 .

For the Commission

Martin BANGEMANN

Vice-President

( 1 ) OJ No L 33, 8 . 2 . 1979, p . 1 .

( 2 ) OJ No L 42, 15 . 2 . 1991, p . 27 .
COUNCIL DECISION of 20 June 1991 authorizing the Portuguese Republic to extend until 7 March 1992 the agreement on mutual fisheries' relations with the Republic of South Africa (91/320/EEC)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to the Act of Accession of Spain and Portugal, and in particular Article 354 (3) thereof,

Having regard to the proposal from the Commission,

Whereas the agreement on mutual fisheries' relations between the Government of the Portuguese Republic and the Government of the Republic of South Africa, signed on 9 April 1979, entered into force on the same day for an initial period of 10 years; whereas this agreement stays in force for an indeterminate period if it is not denounced with 12 months' notice;

Whereas Article 354 (2) of the Act of Accession lays down that the rights and obligations flowing, for the Portuguese Republic, from fisheries' agreements concluded with third countries shall not be affected during the period for which the provisions of such agreements are provisionally maintained;

Whereas, pursuant to Article 354 (3) of the said Act, the Council is to adopt, before the expiry of fisheries' agreements concluded by the Portuguese Republic with third countries, the decisions appropriate for the continuation of fishing activities resulting therefrom, including the possibility of prolonging for periods not exceeding one year;

Whereas, in order to avoid fishing by the Community vessels concerned being interrupted, the Republic of Portugal shall be authorized to renew the 1979 fisheries' agreement in question until 7 March 1992,

HAS ADOPTED THIS DECISION:

Article 1

The Portuguese Republic is hereby authorized to extend until 7 March 1992 the agreement on mutual fisheries' relations with the Republic of South Africa which entered into force on 9 April 1979.

Article 2

This Decision is addressed to the Portuguese Republic. Done at Luxembourg, 20 June 1991. For the Council

The President

R. GOEBBELS
COMMISSION DECISION of 17 July 1991 on the suspension of the buying-in of butter in certain Member States (Only the English, French and Dutch texts are authentic) (91/369/EEC)

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 1630/91 (2), and in particular the first subparagraph of Article 7a (1) and Article 7a (3) thereof,

Whereas Council Regulation (EEC) No 777/87 (3), as last amended by Regulation (EEC) No 1634/91 (4), sets out the circumstances in which the buying-in of butter and skimmed-milk powder can be suspended and subsequently resumed and, where suspension takes place, the alternative measures that may be taken;

Whereas Commission Regulation (EEC) No 1547/87 (5), as last amended by Regulation (EEC) No 2011/91 (6), lays down the criteria on the basis of which the buying-in by tender of butter is opened and suspended in a Member State or, as regards the United Kingdom and the Federal Republic of Germany, in a region;

Whereas the requirement laid down in Article 1 (3) of that Regulation is fulfilled in Belgium, France and Northern Ireland;

Whereas the measures provided for in this Decision are in accordance with the opinion of the Management Committee for Milk and Milk Products,

HAS ADOPTED THIS DECISION:

Article 1

The buying-in of butter by tender provided for in Article 1 (3) of Regulation (EEC) No 777/87 is hereby suspended in Belgium, France and Northern Ireland.

Article 2

This Decision is addressed to the Kingdom of Belgium, The French Republic and the United Kingdom. Done at Brussels, 17 July 1991. For the Commission

Ray MAC SHARRY

Member of the Commission

(1) OJ No L 148, 28. 6. 1968, p. 13. (2) OJ No L 150, 15. 6. 1991, p. 19. (3) OJ No L 78, 20. 3. 1987, p. 10. (4) OJ No L 150, 15. 6. 1991, p. 26. (5) OJ No L 144, 4. 6. 1987, p. 12. (6) OJ No L 185, 11. 7. 1991, p. 5.
COMMISSION DECISION of 17 June 1991 approving the programme for the eradication of contagious bovine pleuropneumonia presented by Italy and fixing the level of the Community's financial contribution (Only the Italian text is authentic) (91/348/EEC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (1), as last amended by Decision 91/133/EEC (2) and in particular Article 24 thereof,

Whereas Commission Decision 91/46/EEC (3) has provided for a financial contribution from the Community under emergency measures for the eradication of outbreaks of contagious bovine pleuropneumonia that occurred in Italy in October 1990; whereas this action was prolonged by Decision 91/57/EEC (4) until the 31 March 1991; whereas in the light of the evolution of the situation the Community financial aid must be in the framework of an eradication programme conforming with Article 24 of Decision 90/424/EEC;

Whereas by letter dated 26 March 1991, Italy has submitted a one year programme for the eradication of contagious bovine pleuropneumonia;

Whereas after examination of the programme it was found to comply with all Community criteria relating to the eradication of the disease in conformity with Council Decision 90/638/EEC of 27 November 1990 on laying down Community criteria for the eradication and monitoring of certain animal diseases (5);

Whereas a Community financial contribution will be given provided the above mentioned conditions are fulfilled, and the authorities will provide all necessary information in conformity with Article 24 (8) of Decision 90/424/EEC; whereas it is appropriate to fix the Community financial participation at the rate of 50 % of the costs of testing and those incurred by way of compensation to owners for the slaughter of cattle because of contagious bovine pleuropneumonia;

Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,

HAS ADOPTED THIS DECISION:

Article 1

The programme for the eradication of contagious bovine pleuropneumonia presented by Italy is hereby approved for a period of one year.

Article 2

Italy shall bring into force by 1 April 1991 the laws, regulations and administrative provisions for implementing the programme referred to in Article 1.

Article 3

Financial participation by the Community shall be at the rate of 50 % of the costs of testing and those incurred in Italy by way of compensation for owners for the slaughter of cattle because of contagious bovine pleuropneumonia.

Article 4

The Community financial contribution shall be granted after the supporting documents have been supplied.

Article 5

This Decision is addressed to the Italian Republic. Done at Brussels, 17 June 1991. For the Commission

Ray MAC SHARRY

Member of the Commission

(1) OJ No L 224, 18. 8. 1990, p. 19. (2) OJ No L 66, 13. 3. 1991, p. 18. (3) OJ No L 23, 29. 1. 1991, p. 34. (4) OJ No L 35, 7. 2. 1991, p. 29. (5) OJ No L 347, 12. 12. 1990, p. 27.
COMMISSION DECISION of 17 July 1991 approving the programme for the eradication of bovine tuberculosis presented by Spain and fixing the level of the Community's financial contribution (Only the Spanish text is authentic) (91/433/EEC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (1), as amended by Decision 91/133/EEC (2), and in particular Article 24 thereof,

Whereas by letter dated 11 March 1991, Spain has submitted a three-year programme for the eradication of bovine tuberculosis;

Whereas after examination of the programme it was found to comply with all Community criteria relating to the eradication of the disease in conformity with Council Decision 90/638/EEC of 27 November 1990 on laying down Community criteria for the eradication and monitoring of certain animal diseases (3);

Whereas a Community financial contribution will be given provided the abovementioned conditions are fulfilled, and the authorities will provide all necessary information in conformity with Article 24 (8) of Decision 90/424/EEC, and whereas it is appropriate to fix the Community financial participation at the rate of 50 % of the costs of testing and those incurred by way of compensation to owners for the slaughter of cattle because of bovine tuberculosis;

Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,

HAS ADOPTED THIS DECISION:

Article 1

The programme for the eradication of bovine tuberculosis presented by Spain is hereby approved for a period of three years.

Article 2

Spain shall bring into force by 1 April 1991 the laws, regulations and administrative provisions for implementing the programme referred to in Article 1.

Article 3

Financial participation by the Community shall be at the rate of 50 % of the costs of testing and those incurred in Spain by way of compensation for owners for the slaughter of cattle because of bovine tuberculosis.

Article 4

The Community financial contribution shall be granted after the supporting documents have been supplied.

Article 5

This Decision is addressed to the Kingdom of Spain. Done at Brussels, 17 July 1991. For the Commission

Ray MAC SHARRY

Member of the Commission

(1) OJ No L 224, 18. 8. 1990, p. 19. (2) OJ No L 66, 13. 3. 1991, p. 18. (3) OJ No L 347, 12. 12. 1990, p. 27.
COMMISSION DECISION of 26 July 1991 approving measures to set up pilot projects for the control of rabies with a view to its eradication or prevention presented by the Netherlands (Only the Dutch text is authentic) (91/427/EEC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Decision 89/455/EEC of 24 July 1989 introducing Community measures to set up pilot projects for the control of rabies with a view to its eradication or prevention (1), and in particular Article 4 thereof,

Whereas, conforming to Article 1 of Decision 89/455/EEC the Netherlands shall set up large-scale pilot projects in accordance with Article 3 for the eradication or prevention of rabies in the wild life of the Community using vaccines for the oral immunization of foxes;

Whereas the pilot projects as presented by the Netherlands include the adjacent border areas of Belgium and Germany;

Whereas the pilot project is part of a cross border cooperation with Belgium and Germany;

Whereas by letter dated 26 March 1991 the Netherlands notified the Commission of pilot projects for the control of rabies with a view to its eradication or prevention;

Whereas, after examination the pilot project was found to comply with Decision 89/455/EEC; whereas the conditions for financial participation by the Community are therefore met;

Whereas the measure provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,

HAS ADOPTED THIS DECISION:

Article 1

The pilot projects for the eradication and prevention of rabies, presented by the Netherlands are hereby approved.

Article 2

The Netherlands shall bring into force by 1 April 1991 the laws, regulations and administrative provisions for implementing the pilot projects referred to in Article 1.

Article 3

This Decision is addressed to the Kingdom of the Netherlands. Done at Brussels, 26 July 1991. For the Commission

Ray MAC SHARRY

Member of the Commission

(1) OJ No L 223, 2. 8. 1989, p. 19.
COUNCIL DECISION of 6 September 1991 extending the validity of Decision 86/283/EEC on the association of the overseas countries and territories with the European Economic Community (91/475/EEC)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 136 thereof,

Whereas on 25 July 1991 the Council adopted a new Decision on the association of the overseas countries and territories with the Community;

Whereas, pending the entry into force of that new Decision, which owing to linguistic and practical difficulties it was not possible to publish by 31 July 1991, the arrangements applicable by virtue of Decision 86/283/EEC (1), as last amended by Decisions 90/146/EEC (2), 91/110/EEC (3) and 91/312/EEC (4), should be kept in force until the entry into force of the new Decision,

HAS DECIDED AS FOLLOWS:

Article 1

In Article 183 of Decision 86/283/EEC, the phrase 'the date of entry into force of the new Decision on the association of the overseas countries and territories with the European Economic Community, but no later than 31 July 1991' shall be replaced by 'the date of entry into force of the new Decision on the association of the overseas countries and territories with the European Economic Community'.

Article 2

This Decision shall take effect on the day of its publication in the Official Journal of the European Communities.

It shall apply with effect from 1 August 1991. Done at Brussels, 6 September 1991. For the Council

The President

H. VAN DEN BROEK

(1) OJ No L 175, 1. 7. 1986, p. 1. (2) OJ No L 84, 30. 3. 1990, p. 108. (3) OJ No L 58, 5. 3. 1991, p. 27. (4) OJ No L 170, 29. 6. 1991, p. 13.
COMMISSION DECISION of 27 September 1991 establishing the status of Denmark as regards Newcastle disease (91/552/EEC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Directive 90/593/EEC of 15 October 1990 on animal health conditions governing intra-Communnity trade in and imports from third countries of poultry and hatching eggs (1), and in particular Article 12 (2) thereof,

Whereas no outbreaks of Newcastle disease have been detected and vaccination against Newcastle disease in poultry has been prohibited for over a year in Denmark;

Whereas breeding flocks in Denmark have been monitored at least once a year for the presence of Newcastle disease; whereas the holdings contain no poultry which have been vaccinated against Newcastle disease;

Whereas in the light of the Newcastle disease situation it is not yet appropriate to fix the status of other Member States;

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

Denmark fulfils the criteria fixed by Article 12 (2) of Directive 90/539/EEC.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 27 September 1991.

For the Commission Ray MAC SHARRY Member of the Commission

(1) OJ N° L 303, 31. 10. 1991, p. 6.
COMMISSION DECISION of 12 November 1991 amending Decision 86/473/EEC as regards the list of establishments in Uruguay approved for the purpose of importing meat products into the Community (91/608/EEC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine, ovine and caprine animals and swine, fresh meat or meat products from third countries (1), as last amended by Directive 91/497/EEC (2), and in particular Article 4 (1) thereof,

Whereas a list of establishments in Uruguay, approved for the purpose of importing meat products into the Community, was drawn up initially by Commission Decicion 86/473/EEC (3), as last amended by Decision 87/425/EEC (4);

Whereas a Community on-the-spot visit to meat product establishments in Uruguay has revealed that the level of hygiene in one establishment was altered since the last inspection; whereas the list of establishments should be amended accordingly;

Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,

HAS ADOPTED THIS DECISION:

Article 1

The Annex to Decision 86/473/EEC is hereby replaced by the Annex to this Decision.

Article 2

This Decision is addressed to the Member States. Done at Brussels, 12 November 1991. For the Commission

Ray MAC SHARRY

Member of the Commission

(1) OJ No L 302, 31. 12. 1972, p. 28. (2) OJ No L 268, 24. 9. 1991, p. 69. (3) OJ No L 279, 30. 9. 1986, p. 53. (4) OJ No L 228, 15. 8. 1987, p. 45.

ANNEX

LIST OF ESTABLISHMENTS

Approval No Establishment Address 2 Colonia Tararias, Colonia 8 Canelones Canelones, Canelones 30 Incur Fray Bentos, Río Negro 35 Brincofor Pando, Canelones
COUNCIL DECISION of 18 November 1991 concerning the conclusion of the Convention on the International Commission for the Protection of the Elbe (91/598/EEC)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 130s 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),

Having regard to the Resolution of the Council and of the Representatives of the Governments of the Member States meeting within the Council of 19 October 1987 on the continuation and implementation of a European Community policy and action programme on the environment (1987-1992) (4), and the fourth action programme of the European Communities on the environment, annexed to the said Resolution, hereafter called 'Fourth Action Programme',

Whereas the Fourth Action Programme, in continuation of the earlier Action Programmes, lists amongst its main areas of activity, monitoring and control with a view to improving water quality and reducing pollution;

Whereas the Fourth Action Programme calls for active participation by the Community and its Member States in international action for the protection of the environment and attaches, in this framework, particular importance to bilateral liaisons with third countries;

Whereas the Convention on the International Commission for the Protection of the Elbe, signed in Magdeburg on 8 October 1990, provides in particular for the establishment of an international commission to prevent the pollution of the Elbe and its drainage area, as far as covered by this Convention;

Whereas the existing Community legislation on water pollution currently applies to the Elbe and its tributaries where they run through the territory of the Federal Republic of Germany;

Whereas it appears necessary for the Community to approve the Convention in order to attain one of the objectives of the Community as regards the preservation, protection and improvement of the quality of the environment, as provided for in the Single European Act;

Whereas the said Convention was signed on behalf of the Community on 8 October 1990,

HAS DECIDED AS FOLLOWS:

Article 1

The Convention on the International Commission for the Protection of the Elbe is hereby approved on behalf of the European Economic Community.

The text of the Convention is attached hereto.

Article 2

The President of the Council will, on behalf of the European Economic Community, inform the Federal Republic of Germany, in its capacity as depositary State, that the preconditions for the entry into force of the Convention have been fulfilled as far as the Community is concerned, in accordance with the first subparagraph of Article 18 of the Convention. Done at Brussels, 18 November 1991. For the Council

The President

J. E. ANDRIESSEN

(1) OJ No C 93, 11. 4. 1991, p. 10. (2) OJ No C 158, 17. 6. 1991, p. 291. (3) OJ No C 191, 22. 7. 1991, p. 21. (4) OJ No C 328, 7. 12. 1987, p. 1.