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EN Official Journal of the European Communities L 23/29

COMMISSION DECISION

of 8 January 1991

laying down the criteria to be applied when drawing up contingency plans for the control of foot-and-mouth disease, in application of Article 5 of Council Directive 90/423/EEC

(91/42/EEC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Directive 90/423/EEC of 26 June 1990, amending Directive 85/511/EEC introducing Community measures for the control of foot-and-mouth disease, Directive 64/432/EEC on animal health problems affecting intra-Community trade in bovine animals and swine and Directive 72/462/EEC on health and veterinary inspection problems upon importation of bovine animals and swine and fresh meat or meat products from third countries (1), and in particular Article 5 thereof,

Whereas Article 5 (2) states of Directive 90/423/EEC, that the Commission shall lay down criteria to be applied for drawing up national contingency plans;

Whereas the said criteria must ensure that the national contingency plans, submitted by the Member States to the Commission give a rapid and efficient eradication in the event of an outbreak of foot-and-mouth disease;

Whereas it seems desirable that the Commission may, if necessary, adopt explanatory notes on the above mentioned criteria;

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

HAS ADOPTED THIS DECISION:

Article 1

In order to be approved under the measure provided for in Article 5 (4) of Directive 90/423/EEC contingency plans submitted by the Member States to the Commission must meet the criteria fixed in the Annex.

Article 2

1. The Commission may adopt Recommendations setting out explanatory notes on the criteria laid down in the Annex.

2. The Commission shall publish the Recommenadations referred to in paragraph 1.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 8 January 1991. For the Commission Ray MAC SHARRY Member of the Commission

(1) OJ No L 224, 18. 8. 1990, p. 13.
Corrigendum to Council Decision 92/228/EEC of 25 February 1992 on the conclusion of the Interim Agreement between the European Economic Community and the European Coal and Steel Community, of the one part, and the Republic of Poland, of the other part, on trade and trade-related matters (Official Journal of the European Communities No L 114 of 30 April 1992)

On page 1 in the title: >TABLE>

and at the signature: >TABLE>
Corrigendum to Commission Decision 92/597/EEC of 21 December 1992 on a multiannual guidance programme for the fishing fleet of Spain for the period 1993 to 1996 pursuant to Council Regulation (EEC) No 4028/86 (Official Journal of the European Communities No L 401 of 31 December 1992)

On page 57, in the second visa, after '3946/92 (2)` read:

'and in particular Article 4,`.
COUNCIL DECISION of 17 December 1991 on the conclusion of the Agreement in the form of an exchange of letters concerning the provisional application of the Protocol establishing the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the Islamic Federal Republic of the Comoros on fishing off the Comoros for the period from 20 July 1991 to 19 July 1994 (92/9/EEC)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to the Agreement between the European Economic Community and the Islamic Federal Republic of the Comoros on fishing off the Comoros (1), hereinafter referred to as 'the Agreement', signed in Brussels on 20 July 1988,

Having regard to the proposal from the Commission,

Whereas the Community and the Islamic Federal Republic of the Comoros have held negotiations with a view to determining amendments or additions to be made to the Agreement at the end of the period of application of the first Protocol to the Agreement;

Whereas, as a result of those negotiations, a new Protocol was initialled on 16 July 1991;

Whereas, under that Protocol, Community fishermen enjoy fishing opportunities in the waters falling within the sovereignty or jurisdiction of the Islamic Federal Republic of the Comoros for the period from 20 July 1991 to 19 July 1994;

Whereas, in order to avoid interruption of fishing activities by Community vessels, it is essential that the said Protocol be approved as quickly as possible; whereas both Contracting Parties have therefore initialled an Agreement in the form of an exchange of letters providing for the provisional application of the initialled Protocol from the day following the date of expiry of the Protocol previously in force; whereas the Agreement in the form of an exchange of letters should be concluded subject to a definitive decision under Article 43 of the Treaty,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement in the form of an exchange of letters concerning the provisional application of the Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the Islamic Federal Republic of the Comoros on fishing off the Comoros for the period from 20 July 1991 to 19 July 1994 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 is hereby authorized to designate the persons empowered to sign the Agreement in the form of an exchange of letters in order to bind the Community (2). Done at Brussels, 17 December 1991. For the Council

The President

P. BUKMAN

(1) OJ No L 137, 2. 6. 1988, p. 19. (2) The date of entry into force of the Agreement will be published in the Official Journal of the European Communities by the General Secretariat of the Council.
COMMISSION DECISION of 12 December 1991 on the small-scale fisheries zonal plan (1991 to 1992) submitted by Italy in accordance with Regulation (EEC) No 4028/86 (Only the Italian text is authentic) (92/28/EEC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Regulation (EEC) No 4028/86 of 18 December 1986 on Community measures to improve and adapt structures in the fisheries and aquaculture sector (1), as last amended by Regulation (EEC) No 3944/90 (2), and in particular Article 4 (4) thereof,

Whereas the Italian Government submitted to the Commission, on 27 May 1991, a small-scale fisheries zonal plan, hereinafter referred to as the 'plan'; whereas it has since submitted additional information on this plan;

Whereas it is necessary to examine whether the plan fulfils the conditions laid down in Article 2 (5) and (6) of Regulation (EEC) No 4028/86 and can constitute a framework for Community and national financial measures in the small-scale fisheries sector;

Whereas, particularly in view of respecting a reduction in the overall capacity of the fishing fleet provided for in Regulation (EEC) No 4028/86, it is necessary to limit Community aid to final cessation of vessels and the modernization of the small fleet, while meeting the needs of the sector for small-scale fisheries as set out in the plan presented to the Commission with Community participation for part of the necessary finances;

Whereas the Standing Committee for the Fishing Industry has not delivered an opinion within the time limit set by its chairman,

HAS ADOPTED THIS DECISION:

Article 1

The small-scale fisheries zonal plan (1991 to 1992) submitted by Italy on 27 May 1991 and supplemented by it at a later date is hereby approved subject to the limits and conditions laid down in this Decision.

Article 2

For guidance, Community aid for 1991 is divided as follows:

(in ecus)

1. Modernization 438 000 2. Final cessation 1 057 000

Article 3

For the submission and examination of applications for Community aid for measures concerning modernization included in the indicative financing plan referred to in Article 2, the corresponding provisions of Commission Regulation (EEC) No 894/87 (3) and Commission Regulation (EEC) No 1116/88 (4) and Decision No 88/163/EEC (5) shall apply.

Article 4

Modernization measures provided for in the zonal plan must not result in an increase in the fishing capacity of the fleet (grt or kW).

Article 5

By 31 July 1993 at the latest, Italy shall provide the Commission with information on the number, tonnage and power of the vessels entering and leaving service during the period covered by the plan for each category of vessels defined in the zonal plan.

Article 6

This Decision is addressed to the Republic of Italy. Done at Brussels, 12 December 1991. For the Commission

Manuel MARÍN

Vice-President

(1) OJ No L 376, 31. 12. 1986, p. 7. (2) OJ No L 380, 31. 12. 1990, p. 1. (3) OJ No L 88, 31. 3. 1987, p. 1. (4) OJ No L 112, 30. 4. 1988, p. 1. (5) OJ No L 72, 18. 3. 1988, p. 52.
COUNCIL DECISION of 27 January 1992 appointing a member of the Economic and Social Committee (92/58/EEC, Euratom)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Articles 193 to 195 thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Articles 165 to 167 thereof,

Having regard to the Convention on certain Institutions common to the European Communities, and in particular Article 5 thereof,

Having regard to the Council Decision of 24 September 1990 appointing the members of the Economic and Social Committee for the period ending on 20 September 1994 (1),

Whereas a seat has become vacant on the above Committee following the resignation of Mr Rodolfo Machado von Tschusi notified to the Council on 22 October 1991,

Having regard to the nominations submitted by the Spanish Government on 30 October 1991,

Having obtained the opinion of the Commission of the European Communities,

HAS DECIDED AS FOLLOWS:

Sole Article

Mr José Fernando RODRIGUEZ DE AZERO Y DEL HOYO is hereby appointed member of the Economic and Social Committee in place of Mr Rodolfo MACHADO VON TSCHUSI for the remainder of the latter's term of office, which runs until 20 September 1994. Done at Brussels, 27 January 1992. For the Council

The President

A. MARQUES DA CUNHA

(1) OJ No L 290, 23. 10. 1990, p. 13.
COUNCIL DECISION of 10 February 1992 amending Decision 90/218/EEC concerning the placing on the market and administration of Bovine Somatotrophin (BST) (92/98/EEC)

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),

Whereas, by Decision 90/218/EEC (3), the Council called on Member States to prohibit, until 31 December 1991, the administration of bovine somatotrophin on their territory by any means whatsoever to dairy cows in view of the fact that the effects and consequences of the administration of this product were not sufficiently clear at the time;

Whereas the time set for studying these effects and consequences has proved too short; whereas the research undertaken has only been partially completed; whereas sufficiently representative results have not yet been obtained, in particular from the point of view of animal health and welfare; whereas in-depth studies should therefore continue in order to secure the additional data needed;

Whereas the possibility of a common approach by the principal countries involved in producing, exporting and importing dairy products should be investigated; whereas, finally, further deliberation is necessary regarding some aspects of consistency with other Community policies;

Whereas, in order not to anticipate the results of the studies in question, the prohibition regarding the placing on the market and administration of bovine somatotrophin should be extended until a later date,

HAS ADOPTED THIS DECISION:

Article 1

Decision 90/218/EEC is hereby amended as follows:

1. Article 1 shall be replaced by the following:

'Article 1

Member States shall ensure that, until 31 December 1993, the placing on the market of bovine somatotrophin and its administration on their territory to dairy cows by any means whatsoever will not be authorized.'

2. Article 4 shall be replaced by the following:

'Article 4

The Commission shall, before 1 July 1993, present the European Parliament and the Council with a report on the situation together with proposals for future arrangements. The Council shall act upon these proposals not later than 31 December 1993.'

Article 2

This Decision is addressed to the Member States. Done at Brussels, 10 February 1992. For the Council

The President

Arlindo MARQUES CUNHA

(1) OJ No C 24, 31. 1. 1992, p. 9. (2) Opinion delivered on 17 January 1992 (not yet published in the Official Journal). (3) OJ No L 116, 8. 5. 1990, p. 27. Decision amended by Decision 91/61/EEC (OJ No L 37, 9. 2. 1991, p. 39).
COMMISSION DECISION of 10 February 1992 on the conclusion of a Protocol on trade and commercial and economic cooperation between the European Coal and Steel Community (ECSC), on the one hand, and the Czech and Slovak Federal Republic, on the other (92/155/ECSC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 95 thereof,

Whereas, following the Council Decision of 25 February 1991, the Commission conducted negotiations with the Czech and Slovak Federal Republic which have resulted in a Protocol on trade and commercial and economic cooperation in respect of products covered by the ECSC Treaty;

Whereas the conclusion of this Agreement is indispensable for the attainment of the objectives of the Community as defined inter alia in Articles 2 and 3 of the Treaty establishing the ECSC;

Whereas this Decision does not affect the powers of the Member States in matters of commercial policy referred to in Article 71 of the Treaty;

After consulting the ECSC Consultative Committee and having obtained the unanimous assent of the Council,

HAS DECIDED AS FOLLOWS:

Article 1

The Protocol on trade and commercial and economic cooperation between the ECSC, on the one hand, and the Czech and Slovak Federal Republic, on the other, is hereby approved on behalf of the ECSC.

The text of the Protocol is attached to this Decision.

Article 2

The Commission shall designate the member of the Commission empowered to sign the Protocol so as to bind the ECSC.

Article 3

This Decision shall be published in the Official Journal of the European Communities.

Done at Brussels, 10 February 1992.

For the Commission

Frans ANDRIESSEN

Vice-President
COUNCIL DECISION of 2 March 1992 concerning the conclusion of a Cooperation Agreement between the European Economic Community and COST third States on five concerted action projects in the field of biotechnology (Specific research and technological development programme 'Bridge') (92/181/EEC)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 130q (2) thereof,

Having regard to the proposal from the Commission(1) ,

In cooperation with the European Parliament(2) ,

Having regard to the opinion of the Economic and Social Committee(3) ,

Whereas, by Decision 89/621/EEC(4) , the Council adopted a specific research and technological development programme in the field of biotechnology (1990 to 1994) ('Bridge'); whereas Article 8 of the said Decision authorizes the Commission to negotiate agreements, inter alia, with third countries participating in European cooperation in the field of Scientific and Technical Research (COST) and those European countries having concluded framework agreements in scientific and technical cooperation with the Community,

HAS DECIDED AS FOLLOWS:

Article 1

The Cooperation Agreement between the European Community and COST third States on five concerted action projects in the field of biotechnology (Specific research and technological development programme Bridge) is hereby approved on behalf of the European Economic Community.

The text of the Agreement is attached to this Decision.

Article 2

The President of the Council is hereby authorized to designate the persons empowered to sign the Agreement in order to bind the Community.

Done at Brussels, 2 March 1992.

For the Council The President Joao PINHEIRO

(1) OJ No C 224, 29. 8. 1991, p. 16.

(2) OJ No C 326, 16. 12. 1991, p. 65, and Decision of 12 February 1992 (not yet published in the Official Journal).

(3) OJ No C 40, 17. 2. 1992, p. 22.

(4) OJ No L 360, 9. 12. 1989, p. 32.
COUNCIL DECISION of 18 March 1991 on the conclusion of an agreement in the form of an exchange of letters between the European Economic Community and the Republic of Austria concerning the marketing, in Austrian territory, of Community table wines and 'Landwein' in bottles (92/231/EEC)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,

Having regard to the proposal from the Commission,

Whereas, to promote quality wines at the expense of table wines and to avoid any confusion in the minds of consumers, the Austrian law of 29 August 1985 relating to wines prohibits the marketing of table wine in bottles containing more than 25 cl but less than one litre; whereas that measure nonetheless constitutes a barrier to imports of Community table wines traditionally marketed in bottles of less than one litre;

Whereas it is in the interest of the Community and Austria to foster the harmonious development of trade in wine, in accordance with Article 15 of the agreement between the European Economic Community and the Republic of Austria signed on 22 July 1972 (1), particularly as regards table wines of a certain quality; whereas, to that end, an agreement should be concluded whereby Austria permits the marketing, on its territory, of the wines in question, notwithstanding the abovementioned Austrian provisions and subject to observance of a minimum import price;

Whereas the Commission has negotiated an agreement on the matter with the Republic of Austria in the form of an exchange of letters which should be approved,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement in the form of an exchange of letters between the European Economic Community and the Republic of Austria concerning the marketing, in Austrian territory, of Community table wines and 'Landwein' in bottles is hereby approved on behalf of the Community.

The text of the agreement is attached to this Decision.

Article 2

1. The President of the Council is hereby authorized to designate the person empowered to sign the Agreement.

2. The President of the Council shall give the notification provided for in point 6 of the Agreement. Done at Brussels, 18 March 1991. For the Council

The President

J.-C. JUNCKER

(1) OJ No L 300, 31. 12. 1972, p. 2.
COUNCIL DECISION of 3 March 1992 authorizing the Portuguese Republic to extend until 7 March 1993 the Agreement on mutual fishery relations with the Republic of South Africa (92/159/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 fishery 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 that day for an initial period of 10 years; whereas the agreement remains in force for an indeterminate period if it is not denounced by the giving of 12 months' notice;

Whereas Article 354 (2) of the Act of Accession laying 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, under Article 354 (3) of the said Act, the Council is to adopt, before the expiry of the fisheries agreements concluded by the Portuguese Republic with third countries, 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, it appears appropriate to authorize the Portuguese Republic to renew the Agreement in question until 7 March 1993,

HAS ADOPTED THIS DECISION:

Article 1

The Portuguese Republic is hereby authorized to extend until 7 March 1993 the Agreement on mutual fishery 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 Brussels, 3 March 1992.

For the Council

The President

Arlindo MARQUES CUNHA
COMMISSION DECISION of 28 February 1992 laying down the conditions which have to be complied with for importation of certain raw materials for the pharmaceutical processing industry, coming from certain third countries, which do not appear on the list established by Council Decision 79/542/EEC (92/187/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 91/688/EEC (2), and in particular Article 16 (2) thereof,

Whereas the general conditions applying to imports of glands and organs, including blood, from third countries which appear on the list established by Council Decision 79/542/EEC (3), as last amended by Commission Decision 92/14/EEC (4), are fixed by Commission Decision 92/183/EEC (5);

Whereas this raw material is required in large quantities by the pharmaceutical manufacturing industries in Member States to ensure the availability of extracts and enzymes for human and veterinary medicine; whereas, therefore, Directive 72/462/EEC allows Member States to be authorized to import under special conditions the said raw material from third countries which do not appear on the abovementioned list;

Whereas general conditions laid down by Decision 92/183/EEC are strict enough to prevent risk of contamination of herds inside the Community; whereas they provide sufficient guarantees for the imports of the said raw material from certain third countries which do not appear on the third country list;

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

For the purposes of this Decision, the definitions contained in Article 1 of Decision 92/183/EEC shall apply as necessary.

Article 2

1. Without prejudice of the provisions of Decision 92/183/EEC. Member States may authorize the imports of raw materials coming from third countries listed in the Annex to this Decision.

2. Imports in accordance with paragraph 1 shall be subject to the general conditions laid down in Article 2 of Decision 92/183/EEC.

3. Member States which authorize imports of raw material in accordance with this Article shall inform the Commission of such imports.

Article 3

This Decision shall apply from 1 July 1992.

Article 4

This Decision is addressed to the Member States. Done at Brussels, 28 February 1992. For the Commission

Ray MAC SHARRY

Member of the Commission

(1) OJ No L 302, 31. 12. 1972, p. 28. (2) OJ No L 377, 31. 12. 1991, p. 18. (3) OJ No L 146, 14. 6. 1979, p. 15. (4) OJ No L 8, 14. 1. 1992, p. 12. (5) OJ No L 84, 31. 3. 1992, p. 33.

ANNEX

Third countries from which Member States may authorize importation of raw material for pharmaceutical purposes according to Commission Decision 92/183/EEC

Japan

The Republic of Korea

Malaysia

The Philippines

Taiwan