ddrg/super_eurlex huggingface dataset:
COUNCIL REGULATION (EC) No 2612/97 of 15 December 1997 amending Regulation (EEC) No 1873/84 authorizing the offer or disposal for direct human consumption of certain imported wines which may have undergone oenological processes not provided for in Regulation (EEC) No 822/87

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 822/87 of 16 March 1987 on the common organization of the market in wine (1), and in particular Article 73 (1) thereof,

Having regard to the proposal from the Commission,

Whereas Article 70 (1) of Regulation (EEC) No 822/87 provides that the products referred to in Article 1 (2) (a) and (b) of that Regulation may only be imported if accompanied by a certificate attesting that they comply with the provisions on production, release for free circulation and, where appropriate, disposal for direct human consumption applying in the third country in which they originate;

Whereas Article 73 (1) of that Regulation stipulates that if the imported products in question have undergone oenological practices not allowed by Community rules or do not comply with the provisions of that Regulation or of those adopted pursuant thereto, they may not, except by way of a derogation, be offered or disposed of for direct human consumption; whereas the Council derogated from this principle by Regulation (EEC) No 1873/84 (2); whereas this derogation expires on 31 December 1997; whereas, so that consultations can continue between the Community and the third country concerned with a view to an agreement on this matter, the term of validity for the derogation should be extended until 31 December 1998,

HAS ADOPTED THIS REGULATION:

Article 1

In the second subparagraph of Article 1 (1) of Regulation (EEC) No 1873/84, the date '31 December 1997` is hereby replaced by '31 December 1998`.

Article 2

This Regulation shall enter into force on 1 January 1998.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 15 December 1997.

For the Council

The President

F. BODEN

(1) OJ L 84, 27. 3. 1987, p. 1. Regulation as last amended by Regulation (EC) No 2087/97 (OJ L 292, 25. 10. 1997, p. 1).

(2) OJ L 176, 3. 7. 1984, p. 6. Regulation as last amended by Regulation (EC) No 128/97 (OJ L 24, 25. 1. 1997, p. 2).
COMMISSION REGULATION (EC) No 2601/97 of 17 December 1997 establishing, pursuant to Article 30 of Council Regulation (EEC) No 404/93, a reserve for 1998 to resolve cases of hardship

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 404/93 of 13 February 1993 on the common organization of the market in bananas (1), as last amended by Regulation (EC) No 3290/94 (2), and in particular Articles 18 and 30 thereof,

Whereas, in its judgement of 26 November 1996 in case C 68/95, the Court of Justice ruled that 'Article 30 of Regulation (EEC) No 404/93 authorizes and, depending on the circumstances, requires the Commission to lay down rules catering for cases of hardship arising from the fact that importers of third-country bananas or non-traditional ACP bananas meet difficulties threatening their existence when an exceptionally low quota has been allowed to them on the basis of the reference years to be taken into consideration under Article 19 (2) of that Regulation, where those difficulties are inherent in the transition from the national arrangements existing before the entry into force of the Regulation to the common organization of the market and are not caused by a lack of care on the part of the traders concerned`;

Whereas, as a result of this ruling, a number of traders, invoking cases of hardship, have submitted to the Commission applications for additional allocations; whereas to respond positively to the applications which appear justified in the light of the principles set down by the Court of Justice, a reserve to be counted subsequently against the size of the tariff quota for imports of third-country and non-traditional ACP bananas available pursuant to Article 18 of Regulation (EEC) No 404/93 should be created for 1998; whereas a reserve of 20 000 tonnes is justified in view of the applications submitted to the Commission;

Whereas the Management Committee for Bananas has not delivered an opinion within the time limit set by its chairman,

HAS ADOPTED THIS REGULATION:

Article 1

A reserve of 20 000 tonnes is hereby established to allow the adoption of specific measures pursuant to Article 30 of Regulation (EEC) No 404/93 to resolve cases of hardship suffered by some traders as a result of the entry into force of the common organization of the market in bananas. The reserve shall be counted against the tariff quota for imports of third-country and non-traditional ACP bananas available for 1998, pursuant to Article 18 of the above Regulation.

Article 2

This Regulation shall enter into force on 1 January 1998.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 17 December 1997.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 47, 25. 2. 1993, p. 1.

(2) OJ L 349, 31. 12. 1994, p. 105.
COUNCIL REGULATION (EC) No 2611/97 of 15 December 1997 amending Regulation (EEC) No 2390/89 laying down general rules for the import of wines, grape juice and grape must

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 822/87 of 16 March 1987 on the common organization of the market in wine (1), and in particular Article 70 (2) thereof,

Having regard to the proposal from the Commission,

Whereas Article 1 (2) and Article 2 of Council Regulation (EEC) No 2390/89 (2), provides for import facilities for wine products originating in third countries which offer specific guarantees through the provision of a certificate of origin and conformity and an analysis report; whereas Article 3 (2) of that Regulation limits those facilities to a trial period expiring on 31 December 1997; whereas, taking into account the time necessary to examine the implementation of future arrangements, the abovementioned period should be extended until 31 December 1998,

HAS ADOPTED THIS REGULATION:

Article 1

In Article 3 (2) of Regulation (EEC) No 2390/89, the date '31 December 1997` is hereby replaced by '31 December 1998`.

Article 2

This Regulation shall enter into force on 1 January 1998.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 15 December 1997.

For the Council

The President

F. BODEN

(1) OJ L 84, 27. 3. 1987, p. 1. Regulation as last amended by Regulation (EC) No 2087/97 (OJ L 292, 25. 10. 1997, p. 1).

(2) OJ L 232, 9. 8. 1989, p. 1. Regulation as last amended by Regulation (EC) No 127/97 (OJ L 24, 25. 1. 1997, p. 1).
COUNCIL REGULATION (EC) No 2633/97 of 18 December 1997 modifying Regulation (EC) No 702/97 opening and providing for the administration of autonomous Community Tariff quotas for certain fishery products

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 28 thereof,

Having regard to the proposal from the Commission,

Whereas, by Regulation (EC) No 702/97 (1), the Council opened autonomous tariff quotas for cod (order number 09.2753) and for surimi (order number 09.2779);

Whereas their quotas amounts are insufficient to meet the needs of the Community industry; whereas, consequently, these quotas amounts should be increased,

HAS ADOPTED THIS REGULATION:

Article 1

For the quota period from 1 April to 31 December 1997, the Annex to Regulation (EC) No 702/97 is hereby amended as follows:

- order number 09.2753: the amount of the tariff quota shall be altered to 52 500 tonnes,

- order number 09.2779: the amount of the tariff quota shall be altered to 8 000 tonnes.

Article 2

This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 18 December 1997.

For the Council

The President

F. BODEN

(1) OJ L 104, 22. 4. 1997, p. 8.
COMMISSION REGULATION (EC) No 2521/97 of 15 December 1997 amending Regulation (EEC) No 388/92 laying down detailed rules for implementation of the specific arrangements for the supply of cereal products to the French overseas departments (FOD) and establishing a forecast supply balance

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 3763/91 of 16 December 1991 introducing specific measures in respect of certain agricultural products for the benefit of the French overseas departments (1), as last amended by Regulation (EC) No 2598/95 (2), and in particular Article 2 (6) thereof,

Whereas the quantities of products eligible for the specific supply arrangements are determined by means of periodic forecast balances which may be revised according to the essential requirements of the market taking into account local production and traditional trade flows;

Whereas, pursuant to Article 2 of Regulation (EEC) No 3763/91, the forecast supply balance of cereal products to the FOD for 1997 was established by Commission Regulation (EEC) No 388/92 (3), as last amended by Regulation (EC) No 2414/96 (4); whereas this forecast supply balance for 1998 should be drawn up; whereas, subsequently, Regulation (EEC) No 388/92 should be amended;

Whereas 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 Annex to Regulation (EEC) No 388/92 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 from 1 January 1998.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 15 December 1997.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 356, 24. 12. 1991, p. 1.

(2) OJ L 267, 9. 11. 1995, p. 1.

(3) OJ L 43, 19. 2. 1992, p. 16.

(4) OJ L 329, 19. 12. 1996, p. 23.

ANNEX

'ANNEX

Cereals supply balance for the french overseas departments (1998)

>TABLE>
COMMISSION REGULATION (EC) No 1877/97 of 26 September 1997 amending Regulation (EEC) No 2273/93 determining the intervention centres for cereals

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 organization of the market in cereals (1), as last amended by Commission Regulation (EC) No 923/96 (2), and in particular Article 5 thereof,

Whereas the intervention centres determined are listed in the Annex to Commission Regulation (EEC) No 2273/93 (3), as last amended by Regulation (EC) No 2304/96 (4); whereas some Member States have applied for changes to that Annex; whereas these applications can be accepted;

Whereas 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 Annex to Regulation (EEC) No 2273/93 is hereby amended as follows:

1. Under 'Bundesrepublik Deutschland`, 'Bückeburg` in Land Niedersachsen is deleted;

2. The section for 'France` is replaced by that in the Annex to this Regulation;

3. Under 'Ireland`, 'Dundalk`, 'Dungarvan`, 'Limerick` and 'Navan` are replaced by 'Baltinglass`, 'New Ross`, 'Tullow` and 'Bunclody`.

Article 2

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 26 September 1997.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 181, 1. 7. 1992, p. 21.

(2) OJ L 126, 24. 5. 1996, p. 37.

(3) OJ L 207, 18. 8. 1993, p. 1.

(4) OJ L 311, 30. 11. 1996, p. 47.

ANNEX

>TABLE>
COUNCIL REGULATION (EC) No 2199/97 of 30 October 1997 amending Regulation (EC) No 2201/96 on the common organization of the markets in processed fruit and vegetable products

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof,

Having regard to the 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 Annex III to Regulation (EC) No 2201/96 (4) allocates fresh tomatoes by Member State and product group for the 1997/98 and 1998/99 marketing years; whereas, in the case of France, to adjust its quota of tinned whole peeled tomatoes and its quota of other products to the needs of its processing industry, the quota for tinned whole peeled tomatoes should be reduced by 15 000 tonnes and the quota for other products should be increased by the same amount; whereas the total quantities for these two product groups as set out in Article 6 (2) of the Regulation should also be adjusted as a result,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 2201/96 is hereby amended as follows:

1. The second and third indents of the second subparagraph of Article 6 (2) shall be replaced by:

'- tinned whole peeled tomatoes:

1 321 119 tonnes

- other products:

929 890 tonnes.`

2. Annex III shall be replaced by the following:

'ANNEX III

Allocation of fresh tomatoes by Member State and by product group for the 1997/1998 and 1998/1999 marketing years

>TABLE>

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 15 June 1997.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Luxembourg, 30 October 1997.

For the Council

The President

F. BODEN

(1) OJ C 266, 3. 9. 1997, p. 17.

(2) Opinion delivered on 22 October 1997 (not yet published in the Official Journal).

(3) Opinion delivered on 29 October 1997 (not yet published in the Official Journal).

(4) OJ L 297, 21. 11. 1996, p. 29.
EN Official Journal of the European Communities L 204/8

COMMISSION REGULATION (EC) No 1509/97

of 30 July 1997

concerning the classification of certain goods in the combined nomenclature

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), as last amended by Commission Regulation (EC) No 1195/97 (2), and in particular Article 9 thereof,

Whereas in order to ensure uniform application of the combined nomenclature annexed to the said Regulation, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation;

Whereas Regulation (EEC) No 2658/87 has set down the general rules for the interpretation of the combined nomenclature and these rules also apply to any other nomenclature which is wholly or partly based on it or which adds any additional subdivisions to it and which is established by specific Community provisions, with a view to the application of tariff or other measures relating to trade in goods;

Whereas, pursuant to the said general rules, the goods described in column 1 of the table annexed to this Regulation must be classified under the appropriate CN codes indicated in column 2, by virtue of the reasons set out in column 3;

Whereas it is acceptable that binding tariff information issued by the customs authorities of Member States in respect of the classification of goods in the combined nomenclature, and which do not conform to the rights established by this Regulation, can continue to be invoked, under the provisions in Article 12(6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (3), for a period of three months by the holder;

Whereas the measures provided for in this Regulation are in accordance with the opinion of the tariff and statistical nomenclature section of the Customs Code Committee as regards products Nos 1 to 4 in the annexed table,

HAS ADOPTED THIS REGULATION:

Article 1

The goods described in column 1 of the annexed table are now classified within the combined nomenclature under the appropriate CN codes indicated in column 2 of the said table.

Article 2

Binding tariff information issued by the customs authorities of Member States which do not conform to the rights established by this Regulation can continue to be invoked under the provisions of Article 12 (6) of Regulation (EEC) No 2913/92 for a period of three months.

Article 3

This Regulation shall enter into force on the 21st day following its publication in the Official Journal of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 30 July 1997. For the Commission Mario MONTI Member of the Commission

(1) OJ No L 256, 7. 9. 1987, p. 1.

(2) OJ No L 170, 28. 6. 1997, p. 11.

(3) OJ No L 302, 19. 10. 1992, p. 1.
EN Official Journal of the European Communities L 154/26

COMMISSION REGULATION (EC) No 1059/97

of 11 June 1997

adjusting the maximum annual fishing effort for certain fisheries

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2027/95 of 15 June 1995 establishing a system for the management of fishing effort relating to certain Community fishing areas and resources (1), and in particular the second indent of Article 4 thereof,

Whereas the second indent of Article 4 of Regulation (EC) No 2027/95 provides that the Commission, at the request of a Member State, shall take appropriate measures so that the Member State in question can fish its quotas in accordance with the third subparagraph of Article 6 (2) of Council Regulation (EC) No 685/95 of 27 March 1995 on the management of fishing effort relating to certain Community fishing areas and resources (2);

Whereas the Netherlands has asked the Commission to adjust the maximum annual fishing effort granted to its vessels in respect of certain quotas which are allocated to it pursuant to Council Regulation (EC) No 390/97 of 20 December 1996 fixing for certain fish stocks and groups of fish stocks the total allowable catches for 1997 and certain conditions under which they may be fished (3), as last amended by Regulation (EC) No 711/97 (4);

Whereas this Regulation shall immediately enter into force in order to allow the Netherlands to fish its quota;

Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fisheries and Aquaculture,

HAS ADOPTED THIS REGULATION:

Article 1

The maximum annual fishing effort for the Kingdom of the Netherlands in respect of demersal species using towed gear, as referred to in Annex I to Regulation (EG) No 2027/95, is amended as laid down in the Annex hereto.

Article 2

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.

It shall apply from 9 June 1997.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 11 June 1997. For the Commission Emma BONINO Member of the Commission

(1) OJ No L 199, 24. 8. 1995, p. 1.

(2) OJ No L 71, 31. 3. 1995, p. 5.

(3) OJ No L 66, 6. 3. 1997, p. 1.

(4) OJ No L 106, 24. 4. 1997, p. 1.
COMMISSION REGULATION (EC) No 226/97 of 6 February 1997 laying down detailed rules for the application of Council Regulation (EC) No 2443/96 providing for additional measures for direct support of producers' incomes or for the beef and veal sector

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2443/96 of 17 December 1996 providing for additional measures for direct support of producers' incomes or for the beef and veal sector (1), and in particular Article 4 thereof,

Whereas for the sake of transparency between Member States, and the monitoring and proper administration of the additional payments provided for in Regulation (EC) No 2443/96 the Member States should inform the Commission of the grant model used and the national detailed rules of application for implementing the measures provided for in that Regulation and of the final balance;

Whereas, in order to enable the Member States to implement Regulation (EC) No 2443/96 as quickly as possible, it is necessary for this Regulation to enter into force without delay;

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

As regards the additional aid provided for in Article 1 of Regulation (EC) No 2443/96, the Member States shall communicate to the Commission:

a) without delay, a description of the objective criteria, and of the provisions taken to avoid distortion of the market, used to determine the methods for granting aid:

- for the direct support of producers' incomes, and in particular the amounts provided for, the basis for their calculation and the foreseen dates for payment,

- for the direct support of the beef and veal sector and in particular the type of measure taken, the basis for calculation of the aid and the foreseen dates for payment.

b) no later than 15 November 1997, the total amounts of aid paid and the number and type of beneficiaries and measures concerned.

Article 2

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 6 February 1997.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ No L 333, 21. 12. 1996, p. 2.
Corrigendum to Council Regulation (EC) No 393/98 of 16 February 1998 imposing a definitive anti-dumping duty on imports of stainless steel fasteners and parts thereof originating in the People's Repubic of China, India, the Republic of Korea, Malaysia, Taiwan and Thailand (1) (Official Journal of the European Communities L 50 of 20 February 1998)

On page 12, in '2. Duty`, recital 117, first line in the section of the table relating to Taiwan:

for: 'Arrow Fastener Co. Ltd`,

read: 'Arrow Fastener Co. Ltd/Level Fastener Co. Ltd, Taipei`.

On page 13, in Article 1(2), first line in the section of the table relating to Taiwan:

for: 'Arrow Fastener Co. Ltd`,

read: 'Arrow Fastener Co. Ltd/Level Fastener Co. Ltd, Taipei`.

(1) As a consequence, Level Fastener Co. Ltd, Taipei is to be treated as if it was subject to an anti-dumping duty of 5,3 % as of the date of entry into force of Regulation (EC) No 393/98.
Corrigendum to Council Regulation (EC) No 467/98 of 23 February 1998 imposing a definitive anti-dumping duty on imports of certain footwear with uppers of leather or plastics originating in the People's Republic of China, Indonesia and Thailand (Official Journal of the European Communities L 60 of 28 February 1998)

On page 6, in recital 38, second paragraph, first indent:

for:

>TABLE>

read:

>TABLE>
Corrigendum to Commission Regulation (EC) No 1235/98 of 15 June 1998 amending Regulation (EEC) No 3567/92 as regards detailed rules for the use and transfer of rights in the sheepmeat and goatmeat sector (Official Journal of the European Communities L 170 of 16 June 1998)

On page 4, in the first subparagraph of the quoted text in Article 1(3), delete:

'They shall inform the Commission thereof.`