ddrg/super_eurlex huggingface dataset:
OPINION given by the Council pursuant to Article 50 (2) of the Treaty establishing the European Coal and Steel Community on a draft Commission Decision (ECSC) regarding the temporary postponement of the date of payment of the steel production levy

In a letter of 8 March 1976 the Commission sought the opinion of the Council pursuant to Article 50 (2) of the Treaty establishing the European Coal and Steel Community on a draft Commission Decision (ECSC) regarding the temporary postponement of the date of payment of the steel production levy.

At its 388th meeting, on 25 March 1976, the Council gave the opinion requested.
COMMISSION OPINION of 28 June 1978 pursuant to Article 14a (2) (a) of Council Regulation (EEC) No 543/69 of 25 March 1969 on the harmonization of certain social legislation relating to road transport and Article 3 (2) of Council Regulation (EEC) No 1463/70 of 20 July 1970 on the introduction of recording equipment in road transport (tachograph) on the exemption by Member States from these Regulations of vehicles constructed and equipped to carry not more than 15 persons including the driver (78/620/EEC)

By letter dated 30 March 1978 from the office of its Permanent Representative, the United Kingdom Government, submitted for the opinion of the Commission draft regulations entitled "The Community road transport rules (exemptions) (No 1 : regulations)" intended to exempt vehicles constructed and equipped to carry not more than 15 persons including the driver from both the abovementioned Regulations.

After careful consideration of the new texts of the Regulations and after examination with the authorities of the Member States of the question of exemptions from the Regulations for this class of vehicle, the Commission gives the following opinion on the United Kingdom proposals:

Member States may, after consulting the Commission, grant exemptions from Regulations (EEC) No 543/69 and No 1463/70 only in respect of national transport operations for vehicles constructed and equipped to carry not more than 15 persons including the driver. The limitation to national transport applies in the case of both Regulations and must be made clear in any legislation to implement the exemptions.

Furthermore, by Article 14a (5) of Regulation (EEC) No 543/69, where an exemption from this Regulation is granted, Member States shall take appropriate measures at the same time to keep an effective check on such transport so as to ensure that standards of social protection and road safety are not impaired.

Subject to these observations, the Commission accepts that the measures proposed by the United Kingdom are in accordance with the Regulations in question.

Done at Brussels, 28 June 1978.

For the Commission

Richard BURKE

Member of the Commission
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( 1 ) OJ NO L 334 , 24 . 12 . 1977 , P . 22 .

COMMISSION OPINION

OF 7 JUNE 1979

ADDRESSED TO THE FEDERAL REPUBLIC OF GERMANY ON THE DRAFT LAW IMPLEMENTING COUNCIL REGULATION ( EEC ) NO 2831/77 ON THE FIXING OF RATES FOR THE CARRIAGE OF GOODS BY ROAD BETWEEN MEMBER STATES

( 79/554/EEC )

IN A LETTER DATED 27 JULY 1978 , THE PERMANENT REPRESENTATION OF THE FEDERAL REPUBLIC OF GERMANY TO THE EUROPEAN COMMUNITIES COMMUNICATED TO THE COMMISSION , FOR CONSULTATION PURPOSES , THE TEXT OF A DRAFT LAW IMPLEMENTING COUNCIL REGULATION ( EEC ) NO 2831/77 OF 12 DECEMBER 1977 ON THE FIXING OF RATES FOR THE CARRIAGE OF GOODS BETWEEN MEMBER STATES ( 1 ).

THE COMMUNICATION WAS MADE PURSUANT TO ARTICLE 17 ( 1 ) OF THAT REGULATION , UNDER WHICH THE MEMBER STATES ARE REQUIRED , IN DUE COURSE , AND AFTER CONSULTING THE COMMISSION , TO ADOPT MEASURES NECESSARY FOR IMPLEMENTING THE REGULATION .

ON THE SUBJECT OF THE DRAFT LAW , THE COMMISSION HEREBY DELIVERS THE FOLLOWING OPINION :

THE COMMISSION FINDS THAT , PURSUANT TO THE FIRST SUBPARAGRAPH OF ARTICLE 17 ( 1 ) OF REGULATION ( EEC ) NO 2831/77 , THE FEDERAL GOVERNMENT ' S DRAFT LAW LAYS DOWN THE PROVISIONS NECESSARY FOR IMPLEMENTING THE SAID REGULATION .

THE COMMISSION HAS NO COMMENTS TO MAKE ON THE DRAFT LAW , EXCEPT AS REGARDS THE PROVISION WHEREBY THE CURRENT OBLIGATION ON THE PART OF CARRIERS TO SUBMIT THE CONSIGNMENT NOTE RELATING TO TRANSPORT OPERATIONS PERFORMED UNDER THE SYSTEM OF COMPULSORY TARIFFS IS TO BE EXTENDED TO OPERATIONS EFFECTED UNDER THE REFERENCE TARIFF SYSTEM . AS THE REFERENCE TARIFFS MERELY REPRESENT RECOMMENDED RATES WHICH TRANSPORT OPERATORS ARE NOT OBLIGED TO FOLLOW , SUCH AN OBLIGATION WOULD BE SUPERFLUOUS FOR THE PURPOSE OF VERIFYING COMPLIANCE WITH THE PROVISIONS ON THE FIXING OF TRANSPORT RATES .

NEVERTHELESS , THE COMMISSION CONSIDERS THAT , WHERE THERE ARE NO OTHER MEANS OF OBTAINING ADEQUATE INFORMATION ON THE RATES ACTUALLY CHARGED FOR TRANSPORT OPERATIONS , AN OBLIGATION OF THIS TYPE MIGHT BE ENVISAGED FOR THE PURPOSE OF MONITORING THE MARKET .

DONE AT BRUSSELS , 7 JUNE 1979 .

FOR THE COMMISSION

RICHARD BURKE

MEMBER OF THE COMMISSION
COMMISSION OPINION of 16 June 1980 addressed to the Belgian Government in respect of the implementation of Council Directive 79/115/EEC concerning pilotage of vessels by deep-sea pilots in the North Sea and English Channel (80/638/EEC)

1. In a letter dated 9 January 1980, the office of the Permanent Representation of Belgium to the European Communities submitted the following documents to the Commission for consultation pursuant to Article 2 of the above Directive: - a preliminary draft law on the introduction of a deep-sea pilot's certificate for North Sea and English Channel waters;

- a draft Royal Decree implementing the above law;

- a draft Ministerial Decree implementing the above Royal Decree;

- a draft Royal Decree setting up a Maritime Control Commission.

2. From an examination of the draft Royal Decree implementing the draft law on the introduction of a deep-sea pilot's certificate for North Sea and English Channel waters it emerges that one of the conditions for granting the certificate in question is the possession of Belgian or Luxembourg nationality.

The Commission considers that the deep-sea pilots in question will simply give technical assistance to ships' masters, the latter retaining sole responsibility for sailing and manoeuvring the ship (cf. Article 3 of the draft law). Moreover, Article 7 of the preliminary draft law provides that the Belgian State shall not be held in any way responsible for any damage which the holder of a deep-sea pilot's certificate might cause in the exercise of his profession.

In these circumstances the Commission is of the opinion that the deep-sea pilots will not be involved in the exercise of official authority within the meaning of Article 55 of the EEC Treaty and that the prescribed condition of Belgian or Luxembourg nationality is therefore incompatible with Articles 48 and 52 of the Treaty.

It therefore has the honour to request the Belgian Government to re-examine, in the light of the above Articles of the Treaty, the provisions of the draft Royal Decree relating to the condition of nationality for the grant of the certificate in question.

Done at Brussels, 16 June 1980.

For the Commission

Richard BURKE

Member of the Commission
COMMISSION OPINION of 20 July 1981 addressed to the Government of the United Kingdom regarding the implementation of Council Directive 79/116/EEC concerning the minimum requirements for certain tankers entering or leaving Community ports (1) and Council Directive 79/1034/EEC (2) amending the above Directive (Only the English text is authentic) (81/638/EEC)

1. In a letter dated 24 February 1981, the Permanent Representation of the United Kingdom to the European Communities forwarded to the Commission, under Article 3 of both Directives, a final draft Regulation designed to implement the provisions of the Directives referred to above. The letter followed an exchange of views between the United Kingdom authorities and the Commission concerning a previous draft.

2. An examination of the final draft has satisfied the Commission that the Government of the United Kingdom has fully complied with its obligations with respect to implementation of the two Directives concerned.

Done at Brussels, 20 July 1981.

For the Commission

Georges CONTOGEORGIS

Member of the Commission (1) OJ No L 33, 8.2.1979, p. 33. (2) OJ No L 315, 11.12.1979, p. 16.
*****

COMMISSION OPINION

of 13 July 1982

addressed to the United Kingdom of Great Britain and Northern Ireland pursuant to Council Regulation (EEC) No 954/79 of 15 May 1979 concerning the ratification by Member States of, or their accession to, the United Nations Convention on a Code of Conduct for Liner Conferences

(82/508/EEC)

1. Under cover of a letter dated 4 May 1982 the United Kingdom Department of Trade sent the Commission, for consultation, the following document pursuant to Article 6 of the above Regulation: a draft Bill, the Merchant Shipping (Liner Conferences) Bill 1982, concerning the ratification of the United Nations Convention on a Code of Conduct for Liner Conferences.

2. Examination of this document has satisfied the Commission that the draft Bill complies with the provisions of Council Regulation (EEC) No 954/79 on the basis that the Secretary of State will exercise his powers under clauses 2 and 4 of the Bill in conformity with the relevant provisions of Regulation (EEC) No 954/79.

3. The Commission herewith delivers a favourable opinion on the draft Bill which it has received, subject to the above observation.

Done at Brussels, 13 July 1982.

For the Commission

Giorgios CONTOGEORGIS

Member of the Commission
*****

COMMISSION OPINION

of 2 March 1984

addressed to the French Government on a draft decree implementing Article 14 of the framework law on inland transport

(Only the French text is authentic)

(84/135/EEC)

1. In accordance with Article 1 of the Council Decision of 21 March 1962 instituting a procedure for prior examination and consultation in respect of certain laws, regulations and administrative provisions concerning transport proposed in Member States (1), as amended by Decision 73/402/EEC (2), the French Government has notified to the Commission, for the purpose of obtaining an opinion, a draft decree implementing Article 14 of Law No 82-11153 of 30 December 1982. This framework law was the subject of a Commission opinion of 15 December 1982 (3).

2. The Commission has taken note with interest of the draft decree notified to it by the French Government. It notes that the measures proposed in the draft are designed to guarantee the effectiveness of major infrastructure schemes in economic and social terms by specifying the conditions for the preparation and evaluation of infrastructure projects and technological choices and the conditions for drawing up master plans for infrastructure. The approach underlying these measures is in line with that underlying the Community's work on the matter. These measures do not interfere with the provisions of Council Decision 78/174/EEC of 20 February 1978 instituting a consultation procedure and setting up a committee in the field of transport infrastructure (4).

3. In the light of the above considerations, the Commission has no objection to the measures proposed in the draft decree which has been submitted to it. This opinion shall not prejudge any position which the Commission might be called upon to take following notification by the French Government of any draft plans and programmes of Community interest pursuant to the abovementioned Council Decision.

4. The Commission is informing the other Member States of this opinion.

Done at Brussels, 2 March 1984.

For the Commission

Giorgios CONTOGEORGIS

Member of the Commission

(1) OJ No 23, 3. 4. 1962, p. 720/62.

(2) OJ No L 347, 17. 12. 1973, p. 48.

(3) OJ No L 361, 22. 12. 1982, p. 27.

(4) OJ No L 54, 25. 2. 1978, p. 16.
*****

COMMISSION OPINION

of 26 November 1986

to the Portuguese Government on implementation of Council Directive 79/115/EEC (1), concerning pilotage of vessels by deep-sea pilots in the North Sea and English Channel

(86/597/EEC)

1. In a letter dated 24 July 1986, the Office of the Permanent Representative of Portugal to the European Communities informed the Commission, as required by Article 2 of the abovementioned Directive, of an administrative measure published by the Portuguese Directorate-General for Merchant Shipping on 7 March 1986 on pilotage of vessels flying the Portuguese flag by deep-sea pilots operating in the North Sea and in the English Channel.

2. Examination of this administrative measure has assured the Commission that the Portuguese Government has fully implemented the provisions of the Directive applicable to it.

Done at Brussels, 26 November 1986.

For the Commission

Stanley CLINTON DAVIS

Member of the Commission

(1) OJ No L 33, 8. 2. 1979, p. 32.
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COMMISSION OPINION

of 26 January 1988

concerning the Emsland nuclear power-station (Federal Republic of Germany)

(Only the German text is authentic)

(88/105/EEC)

The general data concerning the plan for the disposal of radioactive waste from the Emsland nuclear power-station were provided by the German Government to the Commission, in accordance with Article 37 of the Euratom Treaty, by letter received on 23 July 1987.

In the course of the meeting of the Group of Experts set up pursuant to the Treaty, which took place on 10 November 1987 in Luxembourg, the representatives of the German Government provided further complementary information and details.

On the basis of the data thus obtained and having consulted the Group of Experts, the Commission drew up the following opinion:

1. The distance from the nuclear power-station to the closest point on the territory of another Member State, the Netherlands, is approximately 20 kilometres; Belgium is 190 kilometres distant.

2. In normal operation the liquid and gaseous discharges of the station are not liable to give rise to significant exposure, from the health point of view, of the population of other Member States.

3. Solid radioactive wastes are to be stored only temporarily at the station site prior to transport to a Federal German storage or disposal facility.

Similarly, irradiated fuel elements are to be stored only temporarily at the station site prior to transfer to a reprocessing plant.

4. In the case of an unplanned release of radioactive effluents which could be occasioned by an accident of the type and magnitude considered in the general data, doses liable to be received in other Member States will not be significant from the health point of view.

A provisional agreement between the Federal German and Netherlands authorities exists on exchange of information in case of radiological emergency. Nevertheless, the Commission recommends that the competent authorities of the Federal Republic of Germany and the Netherlands finalize the general agreement on emergency planning, now under negotiation, as soon as possible, and in any case before connection of the Emsland nuclear power-station to the grid. This agreement should allow for hypothetical accidents to be taken into account which may have radiologial consequences more important than those presented in the general data.

In conclusion, the Commission is of the opinion that the implementation of the plan for the disposal of radioactive waste from the Emsland nuclear power-station is not liable, either in normal operation or in the case of accidents of the type and magnitude considered in the general data, to result in the radioactive contamination, significant from the point of view of health, of the water, soil or airspace of another Member State.

This opinion is addressed to the Federal Republic of Germany.

Done at Brussels, 26 January 1988.

For the Commission

Stanley CLINTON DAVIS

Member of the Commission
COMMISSION OPINION

of 9 November 1992

concerning the plan for the disposal of radioactive waste from the Sizewell B Nuclear Power Station (United Kingdom) in accordance with Article 37 of the Euratom Treaty

(Only the English text is authentic)

(92/537/Euratom)

The general data concerning the plan for the disposal of radioactive waste from the Sizewell B Nuclear Power Station were provided by the United Kingdom Government to the Commission, in accordance with Article 37 of the Euratom Treaty, by letter received on 13 May 1992.

On the occasion of the meeting of the group of experts set up pursuant to the Treaty, which took place on 15 and 16 September 1992 in Luxembourg, the representatives of the United Kingdom Government provided further complementary information and details.

On the basis of the data thus obtained and having consulted the group of experts, the Commission drew up the following opinion:

1. The distance from the installation to the closest point on the territory of another Member State is approximately 140 km; in this case to France, Belgium and the Netherlands.

2. In normal operation of the power station its liquid and gaseous effluent discharges are not liable to give rise to significant exposure of the population of another Member State.

3. Solid radioactive wastes will be stored on the power station site prior to transport to a final storage site under State supervision.

Irradiated fuel elements will be stored at the plant site prior to transfer for treatment or storage elsewhere.

4. In the case of an unplanned release of radioactive effluents which could be occasioned by an accident of the type and magnitude of the source terms considered in the general data, doses liable to be received in another Member State will not be significant from the health point of view.

The United Kingdom has signed bilateral agreements with France and the Netherlands concerning the exchange of information in case of nuclear incidents or accidents. In addition to these, Community-wide arrangements have been set up for the early exchange of information in the event of a radiological emergency pursuant to a Council Decision of December 1987. These Community arrangements and bilateral agreements allow for hypothetical accidents, having greater radiological consequences than those presented in the general data, to be taken into account. The Commission recommends that the United Kingdom and Belgian authorities examine the possible advantages of establishing a bilateral agreement similar to those with France and the Netherlands.

In conclusion, the Commission is of the opinion that the implementation of the plan for the disposal of radioactive waste from the Sizewell B nuclear power station is not liable, either in normal operation or in the case of an accident of the type and magnitude considered in the general data to result in radioactive contamination, significant from the point of view of health, of the water, soil or airspace of another Member State.

This opinion is addressed to the United Kingdom.

For the Commission

Karel VAN MIERT

Member of the Commission
Commission opinion

of 13 August 2002

concerning the plan for the disposal of radioactive waste resulting from modifications at the site of the Brunsbüttel Nuclear Power Station KKB in the Federal Republic of Germany, in accordance with Article 37 of the Euratom Treaty

(2002/C 199/03)

(Only the German text is authentic)

On 17 January 2002, the European Commission received from the Government of the Federal Republic of Germany, in accordance with Article 37 of the Euratom Treaty, general data relating to the plan for the disposal of radioactive waste resulting from modifications at the site of the Brunsbüttel Nuclear Power Station KKB.

On the basis of these data, the Commission has considered that the plan concerned modifications to an existing plan on which an opinion had already been given. The Commission has further taken into consideration that the intermediate storage facility for irradiated fuel resulting from those modifications is designed to operate up to 40 years and could remain in operation after decommissioning and dismantling of the existing plant. Following consultation with the group of experts, the Commission has drawn up the following opinion:

(a) The planned modifications require no changes to the existing authorised limits for gaseous and liquid discharges.

(b) The planned modifications have no consequences in relation to the solid radioactive waste arising from the operation of the existing plant.

(c) The planned modifications have no consequences in relation to the unplanned discharges of radioactive substances, which may follow an accident of the type and magnitude considered in the general data of the existing plan.

In conclusion, the Commission is of the opinion that the implementation of the plan for the disposal of radioactive waste in whatever form resulting from modifications at the site of the Brunsbüttel Nuclear Power Station KKB, located in the Federal Republic of Germany, both in normal operation and in the event of an accident of the type and magnitude considered in the general data, is not liable to result in radioactive contamination, significant from the point of view of health, of the water, soil or airspace of another Member State.
Commission opinion

of 30 January 2002

concerning the plan for the disposal of radioactive waste from the Sizewell A Power Station located in the United Kingdom, in accordance with Article 37 of the Euratom Treaty

(2002/C 32/09)

(only the English text is authentic)

On 30 July 2001, the European Commission received from the Government of the United Kingdom, in accordance with Article 37 of the Euratom Treaty, general data relating to the plan for the disposal of radioactive waste from the Sizewell A Power Station.

On the basis of these data, and following consultation with the group of experts, the Commission has drawn up the following opinion:

(a) The distance between the plant and the nearest neighbour Member State, in this case France, is approximately 135 km.

(b) Under normal operating conditions, taking into account the new foreseen discharge authorisation, the discharges of liquid and gaseous effluents are not liable to cause an exposure, significant from the point of view of health, of the population in other Member States.

(c) Solid intermediate level radioactive wastes are stored at the site. Low level radioacitve wastes and irradiated fuel elements are stored at the site before being transported off-site for disposal, respectively reprocessing, in facilities within the United Kingdom.

(d) In the event of unplanned discharges of radioactive waste, which may follow an accident of the type and magnitude considered in the general data, the doses likely to be received by the population in other Member States would not be significant from the point of view of health.

In conclusion, the Commission is of the opinion that the implementation of the plan for the disposal of radioactive waste in whatever form arising from the Sizewell A Power Station in the United Kingdom, both in normal operation and in the event of an accident of the type and magnitude considered in the general data, is not liable to result in radioactive contamination, significant from the point of view of health, of the water, soil or airspace of another Member State.