ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Communities L 342/18

COUNCIL DECISION

of 24 November 1997

concerning the conclusion of the Convention on cooperation for the protection and sustainable use of the river Danube

(97/825/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 130s (1) in conjunction with Article 228 (2), first sentence, and (3), first paragraph 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 the Commission participated, on behalf of the Community, in the negotiations within an ad hoc working party to prepare a Convention on cooperation for the protection and sustainable use of the river Danube;

Whereas this Convention was signed on behalf of the Community in Sofia (Bulgaria) on 29 June 1994;

Whereas this Convention sets out to establish a framework for bilateral or multilateral cooperation to protect the marine environment, to prevent and control pollution in the river Danube and to ensure sustainable use of the water resources of countries through which the river Danube flows;

Whereas the Community has adopted measures in the field covered by the Convention; whereas it is for the Community to make an international commitment in this area;

Whereas, in accordance with Article 130r, Community policy on the environment helps to pursue the objectives of preservation, protection and improvement of the quality of the environment, protection of human health, prudent and rational utilization of natural resources, with a view to sustainable development, and promotion at international level of measures to deal with regional or worldwide environmental problems;

Whereas the Community's environmental policy as a whole aims at a high level of protection; whereas it is based on the principles of precautionary and preventive action, on the principle of rectifying, as a priority at source, environmental damage and on the polluter should pay principle;

Whereas as part of their respective competences the Community and the Member States cooperate with the respective third countries and international organizations;

Whereas the conclusion of the Convention by the Community will help to achieve the objectives set out in Article 130r of the Treaty, and whereas it should be approved,

HAS DECIDED AS FOLLOWS:

Article 1

The Convention on cooperation for the protection and sustainable use of the river Danube is hereby approved on behalf of the Community.

The text of the Convention is attached to this Decision.

Article 2

The President of the Council is hereby authorized to designate the person or persons empowered to deposit the instrument of approval with the Romanian Government, in accordance with Article 26 of the Convention.

Done at Brussels, 24 November 1997. For the Council The President E. HENNICOT-SCHOEPGES

(1) OJ C 288, 1. 10. 1996, p. 19.

(2) Opinion delivered on 25 October 1996 (OJ C 347, 18. 11. 1996).

(3) OJ C 66, 3. 3. 1997, p. 1.
COMMISSION DECISION of 3 December 1997 concerning a request for exemption submitted by Belgium pursuant to Article 8 (2) (c) of Council Directive 70/156/EEC on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (Only the French and Dutch texts are authentic) (97/853/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (1), as last amended by European Parliament and Council Directive 97/27/EC (2), and in particular Article 8 (2) (c) thereof,

Whereas the request submitted by Belgium on 13 March 1997, which reached the Commission on 17 March 1997, contains the information required by Article 8 (2) (c); whereas the request concerns the fitting of one type of vehicle with two types of third stop lamp falling within category ECE S3 by virtue of ECE (United Nations Economic Commission for Europe) Regulation No 7 carried out in accordance with ECE Regulation No 48;

Whereas the reasons given in the request, according to which the fitting of the stop lamps and the stop lamps themselves do not meet the requirements of Council Directive 76/758/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to end-outline marker lamps, front position (side) lamps, rear position (side) lamps and stop lamps for motor vehicles and their trailers (3), as last amended by Commission Directive 97/30/EC (4), and of Council Directive 76/756/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to the installation of lighting and light-signalling devices on motor vehicles and their trailers (5), as last amended by Commission Directive 97/28/EC (6), are well founded; whereas the descriptions of the tests, the results thereof and their compliance with ECE Regulations No 7 and No 48 ensure a satisfactory level of safety;

Whereas the Community Directives concerned will be amended in order to permit the production and fitting of such stop lamps;

Whereas the measure provided for by this Decision is in accordance with the opinion of the Committee on Adaptation to Technical Progress set up by Directive 70/156/EEC,

HAS ADOPTED THIS DECISION:

Article 1

The request submitted by Belgium for an exemption concerning the production of two types of third stop lamp falling within category ECE S3 by virtue of ECE Regulation No 7 and the fitting thereof in accordance with ECE Regulation No 48 on the types of vehicle for which they are intended is hereby approved.

Article 2

This Decision is addressed to the Kingdom of Belgium.

Done at Brussels, 3 December 1997.

For the Commission

Martin BANGEMANN

Member of the Commission

(1) OJ L 42, 23. 2. 1970, p. 1.

(2) OJ L 233, 25. 8. 1997, p. 1.

(3) OJ L 262, 27. 9. 1976, p. 54.

(4) OJ L 171, 30. 6. 1997, p. 25.

(5) OJ L 262, 27. 9. 1976, p. 1.

(6) OJ L 171, 30. 6. 1997, p. 1.
COMMISSION DECISION of 23 December 1997 amending Decision 97/296/EC drawing up the list of third countries from which the import of fishery products is authorized for human consumption (Text with EEA relevance) (97/877/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Decision 95/408/EC of 22 June 1995 on the conditions for drawing up, for an interim period, provisional lists of third country establishments from which Member States are authorised to import certain products of animal origin, fishery products or live bivalve molluscs (1), as last amended by Decision 97/34/EC (2), and in particular Article 2 (2) thereof,

Whereas Commission Decision 97/296/EC (3) as last amended by Decision 97/758/EC (4), lists the third countries from which importation of fishery products is authorised for human consumption;

Whereas Commission Decision 97/876/EC (5) sets specific import terms for fishery and aquaculture products originating in India; whereas India should therefore be added to the list of third countries from which importation of fishery products is authorised;

Whereas Article 3 (4) (b) of Council Directive 91/493/EEC of 22 July 1991 laying down the health conditions for the production and the placing on the market of fishery products (6) requires that before processing bivalve molluscs satisfy the requirements of Council Directive 91/492/EEC (7); whereas in consequence the list of third countries meeting the terms of Directive 91/492/EEC also applies for imports of processed bivalve molluscs, echinoderms, tunicates and marine gastropods;

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 97/296/EC is replaced by the Annex hereto.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 23 December 1997.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 243, 11. 10. 1995, p. 17.

(2) OJ L 13, 16. 1. 1997, p. 33.

(3) OJ L 122, 14. 5. 1997, p. 21.

(4) OJ L 307, 12. 11. 1997, p. 38.

(5) See page 57 of this Official Journal.

(6) OJ L 268, 24. 9. 1991, p. 15.

(7) OJ L 268, 24. 9. 1991, p. 1.

ANNEX

List of third countries from which importation of fishery products in any form intended for human consumption is authorised

I. Third countries covered by a specific decision under Council Directive 91/493/EC

Albania

Argentina

Australia

Brazil

Canada

Chile

Colombia

Cote d'Ivoire

Ecuador

Faroes

Gambia

India

Indonesia

Japan

Madagascar

Malaysia

Mauritania

Morocco

New Zealand

Peru

Philippines

Russia

Senegal

Singapore

South Africa

South Korea

Taiwan

Thailand

Uruguay

II. Third countries meeting the terms of Article 2 (2) of Council Decision 95/408/EC

Bangladesh

Belize

China

Costa Rica

Croatia

Cuba

Falkland Islands

Fiji

Greenland

Guatemala

Honduras

Maldives

Mexico

Namibia

Panama

Poland

Seychelles

Slovenia

Surinam

Switzerland

Togo

Tunisia

Turkey

United States of America

Venezuela

Vietnam
EN Official Journal of the European Communities L 254/17

COMMISSION DECISION

of 16 September 1997

concerning certain protective measures with regard to certain fishery products originating in China and amending Commission Decision 97/368/EC

(Text with EEA relevance)

(97/620/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 90/675/EEC of 10 December 1990 laying down the principles governing the organization of veterinary checks on products entering the Community from third countries (1), as last amended by Directive 96/43/EC (2), and in particular Article 19,

Whereas, upon importation of cooked crawfish tailmeat originating in a processing establishment in China, the presence of Vibrio cholerae has been detected;

Whereas the presence of Vibrio cholerae on food is a result of bad hygienic practices before and/or after processing of food and it presents a potential risk for human health;

Whereas imports of products from the establishment concerned in China must not therefore be further allowed;

Whereas Community inspections in China and the results of checks at the Community border inspection posts have shown that potential health risks with regard to the production and processing of fishery products exist;

Whereas Commission Decision 97/368/EC concerning certain protective measures with regard to certain fishery products originating in China (3), as amended by Decision 97/587/EC (4), provides for a ban of importation of fresh fishery products originating in China and for a requirement that frozen or processed fishery products originating in China must be systematically submitted to a microbiological examination;

Whereas Decision 97/368/EC should be reviewed before 30 September 1997 and on the ground of the current findings it should be necessary to extend the measures provided in this Decision until 28 February 1998;

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

HAS ADOPTED THIS DECISION:

Article 1

This Decision shall apply to fishery products, fresh, frozen or processed, originating in China.

Article 2

Member States shall ban the imports of fish products, in all forms, originating in the following establishment in China: Yangcheng Fengbao Aquatic Food Co. Ltd. (Plant Code No 3200/02226).

Article 3

In Article 6 of Decision 97/368/EC the date of 30 September 1997 shall be replaced by 28 February 1998.

Article 4

The Member States shall amend the measures they apply in respect of imports from China to bring them into line with this Decision. They shall immediately inform the Commission thereof.

Article 5

All expenditure incurred by the application of this Decision shall be chargeable to the consigner, the consignee or their agent.

Article 6

This Decision is addressed to the Member States.

Done at Brussels, 16 September 1997. For the Commission Franz FISCHLER Member of the Commission

(1) OJ L 373, 31. 12. 1990, p. 1.

(2) OJ L 162, 1. 7. 1996, p. 1.

(3) OJ L 156, 13. 6. 1997, p. 57.

(4) OJ L 238, 29. 8. 1997, p. 45.
COUNCIL DECISION of 22 September 1997 on cross-border fixed book prices in European linguistic areas (97/C 305/02)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 152 thereof,

RECOGNIZING the dual character of books as the bearers of cultural values and as merchandise; strongly emphasizing the importance of a balanced assessment of the cultural and economic aspects of books,

ACKNOWLEDGING the importance attached by a number of Member States to fixed book prices as a means of maintaining and promoting the diversity and broad accessibility of books, in the consumer's cultural interest, and that the national authorities of those Member States have accepted the restriction of competition entailed by fixed book prices on the grounds of general cultural importance,

POINTING OUT that in some Member States national price fixing systems are being applied,

CONSIDERING that some Member States intend to authorize or draw up complementary cross-border fixed book-price regulations together with another Member State within a homogeneous linguistic area, being of the opinion that such regulations should be possible provided that the fixed price is limited to that linguistic area and to editions published in the language concerned,

NOTING that the Commission of the European Communities has to date felt obliged to consider some of the cross-border fixed price systems submitted to it as being incompatible with Article 85 (1) or Article 30 of the Treaty and has declared that in those cases the evidence produced in support of exemption within the meaning of 85 (3) was not sufficient,

CONSIDERING that the inclusion in the Treaty of Article 128 (4) has created a new situation, the consequences of which must be clarified with respect to the application of Community competition rules to cross-border fixed book prices,

ASKS the Commission:

- to study the significance of Article 128 (4) for the implementation of those Articles of the Treaty that may concern cross-border fixed book prices, and to indicate, if appropriate, the ways to enable fixed book-price regulations/agreements within homogeneous linguistic areas to be applied,

- to submit the conclusions of the study to the Council.

Done at Brussels, 22 September 1997.

For the Council

The President

F. BODEN
COMMISSION DECISION of 8 October 1997 concerning a request for exemption submitted by Luxembourg pursuant to Article 8 (2) (c) of Council Directive 70/156/EEC on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (Only the French text is authentic) (97/672/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (1), as last amended by European Parliament and Council Directive 96/79/EC (2), and in particular Article 8 (2) (c) thereof,

Whereas the request submitted by Luxembourg on 18 December 1996, which reached the Commission on 6 January 1997, contains the information required by Article 8 (2) (c); whereas the request concerns the fitting of one type of vehicle with one type of third stop lamp falling within category ECE S3 by virtue of ECE (United Nations Economic Commission for Europe) Regulation No 7 carried out in accordance with ECE Regulation No 48;

Whereas the reasons given in the request, according to which the fitting of the stop lamps and the stop lamps themselves do not meet the requirements of Council Directive 76/758/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to end-outline marker lamps, front position (side) lamps, rear position (side) lamps and stop lamps for motor vehicles and their trailers (3), as last amended by Commission Directive 97/30/EC (4), and of Council Directive 76/756/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to the installation of lighting and light-signalling devices on motor vehicles and their trailers (5), as last amended by Commission Directive 97/28/EC (6), are well founded; whereas the descriptions of the tests, the results thereof and their compliance with ECE Regulations No 7 and No 48 ensure a satisfactory level of safety;

Whereas the Community directives concerned will be amended in order to permit the production and fitting of such stop lamps;

Whereas the measure provided for by this Decision is in accordance with the opinion of the Committee on Adaptation to Technical Progress set up by Directive 70/156/EEC,

HAS ADOPTED THIS DECISION:

Article 1

The request submitted by Luxembourg for an exemption concerning the production and fitting of one type of third stop lamp falling within category ECE S3 by virtue of ECE Regulation No 7 and the fitting thereof in accordance with ECE Regulation No 48 on the type of vehicle for which it is intended is hereby approved.

Article 2

This Decision is addressed to the Grand Duchy of Luxembourg.

Done at Brussels, 8 October 1997.

For the Commission

Martin BANGEMANN

Member of the Commission

(1) OJ L 42, 23. 2. 1970, p. 1.

(2) OJ L 18, 21. 1. 1997, p. 7.

(3) OJ L 262, 27. 9. 1976, p. 54.

(4) OJ L 171, 30. 6. 1997, p. 25.

(5) OJ L 262, 27. 9. 1976, p. 1.

(6) OJ L 171, 30. 6. 1997, p. 1.
COUNCIL DECISION of 28 November 1997 on the implementation of Joint Action 96/588/CFSP on anti-personnel landmines with a view to co-financing the special appeals from the ICRC (97/818/CFSP)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Articles J.3 and J.11 thereof,

Having regard to the general guidelines of the European Council held on 26 and 27 June 1992 which identified the areas falling within the security sphere which could, as from the entry into force of the Treaty on European Union, be the subject of joint actions,

Whereas on 1 October 1996, the Council adopted Joint Action 96/588/CFSP (1) on the basis of Article J.3 of the Treaty on European Union on anti-personnel landmines;

Whereas, as part of the specific actions provided for in Article 8 of that joint action in order to support the Union's priority effort to help the victims of anti-personnel landmines, the 'special appeals` by the International Committee of the Red Cross (ICRC) should be co-financed by an additional contribution,

HAS DECIDED AS FOLLOWS:

Article 1

1. ICRC special appeals shall be eligible for Union co-financing.

The exact amount of the Union's contribution shall be the subject of a financial agreement between the Commission and the ICRC in accordance with the financial Regulation to co-finance a significant percentage of eligible costs, having due regard to the principles of sound financial management, including cost-effectiveness and value added by the Union's contribution.

2. A maximum amount of ECU 8 million shall be charged to the general budget of the European Communities for 1997 in order to finance the measures provided for in paragraph 1.

3. The expenditure financed by the sum stipulated in paragraph 2 shall be managed in compliance with the European Community procedures and rules applicable to the budget.

Article 2

This Decision shall enter into force on the date of its adoption.

It shall be published in the Official Journal.

Done at Brussels, 28 November 1997.

For the Council

The President

G. WOHLFART

(1) OJ L 260, 12. 10. 1996, p. 1.
EN Official Journal of the European Communities L 338/7

COUNCIL DECISION

of 28 November 1997

on the implementation of Common Position 95/544/CFSP on Nigeria

(97/820/CFSP)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article J.2 thereof,

Whereas on 4 December 1995 the Council defined, on the basis of Article J.2 of the Treaty on European Union, Common Position 95/544/CFSP on Nigeria (1);

Whereas Common Position 95/544/CFSP was extended until 1 November 1998 by Council Decision 97/821/CFSP (2);

Whereas certain guidelines should be provided for the implementation of the aforementioned common position,

HAS DECIDED AS FOLLOWS:

Article 1

1. The Member States of the Union may grant visas to any Nigerian nationals participating in an international conference in their territory, in particular for meetings in the framework of the Fourth ACP-EC Convention, signed at Lome on 15 December 1989.

2. The Member States, desirous of honouring their international undertakings, may allow exceptions to paragraph 1 of Common Position 95/544/CFSP:

— pursuant to the provisions of a headquarters agreement,

— in order to follow up undertakings already into prior to the adoption of the common position in 1995, particularly in respect of sporting events organized by international sports federations, that is to say the 1998 Football World Cup and matches already organized in preparation therefor, and also the 1998 World Basketball Championship.

The Member States shall inform the sports federations of the provisions of this Decision.

3. Exceptions to paragraph 1 of Common Position 95/544/CFSP may also be allowed on urgent humanitarian grounds.

Article 2

Visas shall be granted on an individual basis only, following prior notification to all Member States.

Article 3

This Decision shall be published in the Official Journal.

Done at Brussels, 28 November 1997. For the Council The President G. WOHLFART

(1) OJ L 309, 21. 12. 1995, p. 1.

(2) See page 8 of this Official Journal.
Corrigendum to Commission Decision 98/31/EC of 28 November 1997 approving the programme for the eradication of bovine brucellosis for 1998 presented by Ireland and fixing the level of the Community's financial contribution (Official Journal of the European Communities L 16 of 21 January 1998)

On page 5, Article 3(1):

for: '1. Financial participation by the Community shall be at the rate of 50 % of the costs of testing and those incurred in Ireland by way of compensation for owners for the slaughter of animals up to a maximum of ECU 1 000 000.`

read: '1. Financial participation by the Community shall be at the rate of 50 % of the costs incurred in Ireland by way of compensation for owners for the slaughter of animals up to a maximum of ECU 1 000 000.`