ddrg/super_eurlex huggingface dataset:
*****

COMMISSION DECISION

of 22 February 1989

recognizing that the United Kingdom applies to heat-treated milk intended for direct home consumption the microbiological standards laid down for step 2 in Directive 85/397/EEC

(89/165/EEC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Directive 85/397/EEC of 5 August 1985 on animal-health and public health problems affecting intra-Community trade in heat-treated milk (1), as last amended by Regulation (EEC) No 3768/85 (2), and in particular Article 10 (1) thereof,

Whereas Article 10 (1) of the said Directive provides that a Member State which, from 1 January 1989, applies to heat-treated milk intended for home consumption the microbiological standards laid down for step 2 may, after such application has been established in accordance with the procedure laid down in Article 14, make the entry of sterilized and UHT milk subject to the standards laid down in that step for the finished product, and the entry of pasteurized milk subject to the standards laid down for both untreated and pasteurized milk;

Whereas the authorities of the United Kingdom, by letter of 1 December 1988, have informed the Commission of the national public health requirements on heat-treated milk, intended for direct home consumption;

Whereas these requirements will enter into force on 1 January 1989;

Whereas after examination at the meeting of the Standing Veterinary Committee on 19 December 1988, it has been established that the United Kingdom from 1 January 1989 will apply the microbiological standards for step 2, laid down in Annex A, Chapters VI and VII, to the said Directive, on heat-treated milk, intended for direct home consumption; whereas on the other hand the authorities of the United Kingdom have engaged themselves not to send milk for direct human consumption from their territory to that of other Member States, if such milk does not satisfy the microbiological standard laid down for step 2;

Whereas this Decision does not affect the conditions of entry into the territory of the United Kingdom of dairy products, in particular those in relation to the microbiological level of the milk used for their production;

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

HAS ADOPTED THIS DECISION:

Article 1

From 1 January 1989 the United Kingdom applies to heat-treated milk intended for direct home consumption the microbiological standards laid down for step 2 in Directive 85/397/EEC.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 22 February 1989.

For the Commission

Ray MAC SHARRY

Member of the Commission
COMMISSION DECISION of 20 February 1989 on improving the efficiency of agricultural structures in Ireland pursuant to Council Regulation (EEC) No 797/85 (Only the English text is authentic) (89/157/EEC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Regulation (EEC) No 797/85 of 12 March 1985 on improving the efficiency of agricultural structures (1), as last amended by Regulation (EEC) No 1137/88 (2), and in particular Article 25 (3) thereof,

Whereas on 3 November 1988 the Irish Government forwarded the following provisions pursuant to Article 24 (4) of Regulation (EEC) No 797/85:

- Amendment to the Farm Improvement Programme concerning the conditions under which aid is granted in the pig production sector;

Whereas pursuant to Article 25 (3) of Regulation (EEC) No 797/85, the Commission has to decide whether the conditions for a financial contribution from the Community are statisfied in the light of the compatibility of the abovementioned provisions with the aforementioned Regulation and bearing in mind the objectives of the latter and the need to ensure that the various measures are properly related;

Whereas the abovementioned provisions satisfy the conditions and the objectives of Regulation (EEC) No 797/85;

Whereas the EAGGF Committee has been consulted on the financial aspects;

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

HAS ADOPTED THIS DECISION:

Article 1

In view of the provisions forwarded, the measures adopted in Ireland pursuant to Regulation (EEC) No 797/85 continue to satisfy the conditions for a Community financial contribution to the common measure provided for in Article 1 of Regulation (EEC) No 797/85.

Article 2

This Decision is addressed to Ireland.

Done at Brussels, 20 February 1989.

For the Commission

Ray MAC SHARRY

Member of the Commission

(1) OJ No L 93, 30.3.1985, p. 1. (2) OJ No L 108, 29.4.1988, p. 1.
EN Official Journal of the European Communities L 136/21

COUNCIL DECISION

of 13 March 1989

on the conclusion of the Second Additional Protocol to the Agreement between the European Economic Community and the Swiss Confederation consequent on the accession of the Kingdom of Spain and the Portuguese Republic to the Community

(89/333/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 recommendation from the Commission,

Whereas, under Regulation (EEC) No 839/88 (1), the collection of customs duties applicable by the Community of Ten to certain products imported from Spain and Portugal was totally supended once they fell to the level of 2 % or less;

Whereas it is necessary to conclude a Second Additional Protocol to the Agreement between the European Economic Community and the Swiss Confederation (2), signed in Brussels on 22 July 1972, in order to provide for the total suspension of duties on products covered by the Agreement imported into Switzerland from Spain, when such duties fall to 2 % or less,

HAS DECIDED AS FOLLOWS:

Article 1

The Second Additional Protocol to the Agreement between the European Economic Community and the Swiss Confederation consequent on the accession of the Kingdom of Spain and the Portuguese Republic to the Community is hereby approved on behalf of the Community.

The text of the Protocol is attached to this Decision.

Article 2

The President of the Council shall give the notification provided for in Article 3 of the Protocol (3).

Article 3

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

Done at Brussels, 13 March 1989. For the Council The President C. SOLCHAGA CATALAN

(1) OJ No L 87, 31. 3. 1988, p. 1.

(2) OJ No L 300, 31. 12. 1972, p. 189.

(3) The date of entry into force of the Protocol will be published in the Official Journal of the European Communities by the General Secretariat of the Council.
*****

COMMISSION DECISION

of 21 February 1989

approving supplementary aid from the United Kingdom to the coal industry in the 1987 financial year (1987/88)

(Only the English text is authentic)

(89/175/ECSC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Coal and Steel Community,

Having regard to Commission Decision No 204/86/ECSC of 30 June 1986 establishing Community rules for State aid to the coal industry (1),

Whereas:

I

In its letters of 26 October and 9 December 1988 the United Kingdom Government informed the Commission, pursuant to Article 9 (3) of Decision No 2064/86/ECSC, of the supplementary aid it intends to give to cover operating losses in the coal industry in 1987/88.

The Commission adopted on 31 July 1987 Decision 87/452/ECSC (2) approving aid from the United Kingdom to the coal industry in the 1987 financial year. This Decision authorized the United Kingdom Government to give direct or indirect support to the coal industry in 1987/88, subject to the approval of the Commission.

As stated in that Decision, the United Kingdom Government planned, pursuant to Decision No 2064/86/ECSC, to give aid in 1987/88 amounting to £ 90,5 million, to cover operating losses.

The United Kingdom Government informed the Commission in its letters of 26 October and 9 December 1988 that the amount of aid to cover operating losses specified in the Decision would not be sufficient.

The proposed increase for 1987/88 over the volume of aid authorized by the Commission would be £ 109,5 million, bringing the total amount of aid to cover operating losses in 1987/88 to £ 200 million.

This increase is necessary because operating losses in 1987/88 were considerably higher than originally estimated. Aid to cover operating losses would amount to £ 2 per tonne produced.

Total aid to cover operating losses amounting to £ 200 million would cover only 33 % of the difference between the projected average costs and the projected average receipts and is, therefore, compatible with Article 3 (1) of Decision No 2064/86/ECSC.

Aid to cover operating losses prevents the premature closure of production sites. It therefore contributes to solving the social and regional problems related to developments in the coal industry, in conformity with the third indent of Article 2 (1) of that Decision.

II

Pursuant to Article 11 (2) of Decision No 2064/86/ECSC, the Commission must ensure that the direct aid to current production which it approves is used exclusively for the purposes set out in Articles 3 to 6 thereof. The Commission must therefore be informed of the amounts of the payments and the manner in which they are apportioned,

HAS ADOPTED THIS DECISION:

Article 1

The United Kingdom is hereby authorized to grant supplementary aid for the financial year 1987/88 totalling £ 109,5 million to the coal industry to cover operating losses, bringing the total amount of aid authorized for 1987/88 to £ 200 million.
*****

COMMISSION DECISION

of 13 March 1989

authorizing the United Kingdom to apply intra-Community surveillance to imports of certain textile products originating in third countries and put into free circulation in the Community

(Only the English text is authentic)

(89/203/EEC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular the first paragraph of Article 115 thereof,

Having regard to Commission Decision 87/433/EEC of 22 July 1987, on surveillance and protective measures which Member States may be authorized to take pursuant to Article 115 of the EEC Treaty (1), and in particular Articles 1 and 2 thereof;

Whereas Decision 87/433/EEC requires Member States to have prior authorization from the Commission before introducing intra-Community surveillance of imports covered by that Decision;

Whereas on 22 February 1989 a request was made under Article 2 of Decision 87/433/EEC by the United Kingdom Government to the Commission of the European Communities for authorization to introduce intra-Community surveillance for certain textile products originating in third countries and put into free circulation in the Community;

Whereas the information given by the United Kingdom authorities in support of this request has been examined closely by the Commission, in accordance with the criteria laid down in Decision 87/433/EEC;

Whereas the Commission examined in particular whether, during the reference years set out in Decision 87/433/EEC, significant imports have been realized in the Member States, originating in other Member States;

Whereas this examination has shown that the conditions for the application of surveillance measures in respect of the products in question do exist;

Whereas, therefore, the United Kingdom should be authorized to make the imports concerned subject to prior intra-Community surveillance until 31 December 1989,

HAS ADOPTED THIS DECISION:

Article 1

The United Kingdom is hereby authorized to introduce, until 31 December 1989, and in accordance with Decision 87/433/EEC, intra-Community surveillance of imports of textile products set out in the Annex hereto originating in certain third countries.

Article 2

This Decision is addressed to the United Kingdom.

Done at Brussels, 13 March 1989.

For the Commission

Frans ANDRIESSEN

Vice-President

(1) OJ No L 238, 21. 8. 1987, p. 26.

ANNEX

Textile products for which categories have been established

1.2 // // // Category // Country of origin // // // 1 // Brazil, China, Pakistan // 2 // Brazil, China, Indonesia, Pakistan, Peru, Thailand, South Korea, Taiwan // 3 // China, Czechoslovakia, Indonesia, South Korea, Taiwan // 4 // China, Singapore // 8 // Thailand // 13 // China // 15 // Romania // 21 // Taiwan // 26 // Romania, Taiwan // 27 // China, Taiwan // 31 // China // 35 // South Korea, Taiwan // 37 // China, South Korea // //
*****

COMMISSION DECISION

of 7 April 1989

provisionally suspending approval of an establishment on the list of establishments in Brazil approved for the purpose of importing fresh meat into the Community

(89/282/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 animals and swine and fresh meat from third countries (1), as last amended by Directive 88/657/EEC (2), and in particular Article 5 thereof,

Whereas the list of establishments in Brazil approved for the purpose of importing fresh meat into the Community was originally established by Commission Decision 81/713/EEC (3), as last amended by Decision C(89) 145 (4);

Whereas, pursuant to Article 5 of Directive 72/462/EEC, an inspection was carried out in certain establishments in Brazil, which led to some doubts regarding the establishment 'Bon Beef Indústria e Comércio de Carnes SA, Vinhedo, São Paulo' (veterinary approval No SIF 1602), in particular as regards compliance with Article 4 (2) (c) of that Directive;

Whereas information and documents on that establishment have been brought to the notice of the Commission;

Whereas the information and documents show that meat from that establishment does not tally with the health certificate accompanying such meat; whereas, accordingly the origin of such meat, its status as regards the foot-and-mouth disease virus and its suitability for human consumption is suspect;

Whereas this information constitutes serious facts within the meaning of Article 5 of Dirctive 72/462/EEC; whereas the Member States have been notified thereof in accordance with that provision;

Whereas Community approval of that establishment must be suspended provisionally until a final decision is taken in this respect,

HAS ADOPTED THIS DECISION:

Article 1

Approval of the Brazilian establishment Bon Beef Indústria e Comércio de Carnes SA, Vinhedo, São Paulo (veterinary approval No SIF 1602) on the list in the Annex to Decision 81/713/EEC is hereby suspended.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 7 April 1989.

For the Commission

Ray MAC SHARRY

Member of the Commission

(1) OJ No L 302, 31. 12. 1972, p. 28.

(2) OJ No L 382, 31. 12. 1988, p. 3.

(3) OJ No L 257, 10. 9. 1981, p. 28.

(4) OJ No C 26, 1. 2. 1989, p. 5.
COMMISSION DECISION of 30 March 1989 approving the plan relating to the examination for residues of substances other than those having a hormonal action submitted by Belgium (Only the French and Dutch texts are authentic) (89/269/EEC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Directive 86/469/EEC of 16 September 1986 concerning examination of animals and fresh meat for the presence of residues (1), and in particular Article 4 thereof,

Whereas, by letter of 22 June 1988, Belgium sent the Commission a plan setting out the national measures taken on the examination for residues of the substances referred to in Annex I, Groups A.III and B to Directive 86/469/EEC;

Whereas examination of this plan, as modified, has shown that it conforms to the provisions laid down in Directive 86/469/EEC, and in particular Article 4 (1) thereof;

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 plan relating to the examination for residues of the substances referred to in Annex I, Groups A.III and B to Directive 86/469/EEC submitted by Belgium is hereby approved.

Article 2 Belgium shall adopt the necessary laws, regulations and administrative provisions for the implementation of the plan referred to in Article 1.

Article 3 This Decision is addressed to the Kingdom of Belgium.

Done at Brussels, 30 March 1989.

For the Commission

Ray MAC SHARRY

Member of the Commission

(1) OJ No L 275, 26. 9. 1986, p. 36.
*****

COMMISSION DECISION

of 25 April 1989

concerning the areas referred to in Article 3 (2) of Council Regulation (EEC) No 2506/88 instituting a Community programme to assist the conversion of shipbuilding areas (Renaval programme)

(Only the German text is authentic)

(89/322/EEC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Regulation (EEC) No 2506/88 of 26 July 1988 instituting a Community programme to assist the conversion of shipbuilding areas (Renaval programme) (1), and in particular Article 3 (2) thereof,

Whereas Article 3 (2) of Regulation (EEC) No 2506/88 stipulates that the Community programme shall apply to areas which satisfy the criteria specified in Article 3 (1) (a) or (b) of that Regulation;

Whereas the Member State concerned must submit an application for approval of the areas to which the Community programme is to apply; whereas the Federal Republic of Germany has transmitted to the Commission an application in respect of the Emden/Leer labour market area;

Whereas that area satisfies the abovementioned criteria,

HAS ADOPTED THIS DECISION:

Article 1

The labour market area of Emden/Leer in the Federal Republic of Germany is hereby found to satisfy the criteria in Article 3 (1) (a) of Council Regulation (EEC) No 2506/88. The Community programme instituted by that Regulation shall therefore apply to that area.

Article 2

This Decision is addressed to the Federal Republic of Germany.

Done at Brussels, 25 April 1989.

For the Commission

Bruce MILLAN

Member of the Commission

(1) OJ No L 225, 15. 8. 1988, p. 24.
*****

COMMISSION DECISION

of 2 May 1989

on improving the efficiency of agricultural structures in Italy pursuant to Council Regulation (EEC) No 797/85

(Only the Italian text is authentic)

(89/315/EEC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Regulation (EEC) No 797/85 of 12 March 1985 on improving the efficiency of agricultural structures (1), as last amended by Regulation (EEC) No 1137/88 (2), and in particular Article 25 (3) thereof,

Having regard to Commission Regulation (EEC) No 1272/88 of 29 April 1988 laying down detailed rules for applying the set-aside incentive scheme for arable land (3),

Whereas on 17 February 1989 the Italian Government forwarded the following provisions pursuant to Article 24 (4) of Regulation (EEC) No 797/85: Decree No 34 of 16 January 1989 implementing the set-aside scheme for arable land;

Whereas, pursuant to Article 25 (3) of Regulation (EEC) No 797/85, the Commission has to decide whether the conditions for a financial contribution from the Community are satisfied in the light of the compatibility of the abovementioned provisions with the aforementioned Regulation and bearing in mind the objectives of the latter and the need to ensure that the various measures are properly related;

Whereas this Decision does not relate to the authorization provided for in Article 32a of Regulation (EEC) No 797/85 with respect to regions or areas which may be exempt from the set-aside scheme for arable land;

Whereas, subject to the foregoing comments, the abovementioned provisions satisfy the conditions and the objectives of Title 01 of Regulation (EEC) No 797/85 and are compatible with Regulation (EEC) No 1272/88;

Whereas, however, given that the set-aside scheme has been newly introduced, the Commission reserves the right to review the provisions notified, especially with respect to the amount of the aid, on the basis of a report on the application of those provisions, to be submitted by Italy pursuant to Article 29 of Regulation (EEC) No 797/85 and Article 16 (2) of Regulation (EEC) No 1272/88;

Whereas the measures provided for in this Decision are in accordance with the opinion of the Committee on Agricultural Structures and Rural Development,

HAS ADOPTED THIS DECISION:

Article 1

1. Decree No 34 of 16 January 1989 implementing the set-aside scheme for arable land, forwarded by the Italian Government pursuant to Article 24 (4) of Regulation (EEC) No 797/85, satisfies the conditions for a Community financial contribution to the common measure provided for in Title 01 of the said Regulation.

2. The Commission reserves the right, until 31 December 1989, to revise this Decision with effect from that date.

Article 2

This Decision is addressed to the Italian Republic.

Done at Brussels, 2 May 1989.

For the Commission

Ray MAC SHARRY

Member of the Commission

(1) OJ No L 93, 30. 3. 1985, p. 1.

(2) OJ No L 108, 29. 4. 1988, p. 1.

(3) OJ No L 121, 11. 5. 1988, p. 36.
*****

COMMISSION DECISION

of 19 June 1989

accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of video cassettes and video-tape reels originating in the Republic of Korea and Hong Kong and terminating the investigation

(89/376/EEC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumping or subsidized imports from countries not members of the European Economic Community (1) and in particular Article 10 thereof,

After consultations within the Advisory Committee as provided for under the abovementioned Regulation;

Whereas:

By Regulation (EEC) No 4062/88 (2), the Commission imposed a provisional anti-dumping duty on imports of video cassettes and video-tape reels originating in the Republic of Korea and Hong Kong;

Wing Shing Cassette Mfg, Ltd was one Hong Kong exporter found to have dumped video cassettes in the Community in the reference period (January to November 1987) and to have caused injury to Community producers thereby. To that extent the Commission refers to Regulation (EEC) No 1768/89 (3);

The exporter has, after the imposition of the provisional anti-dumping duty, offered a price undertaking in accordance with Article 10 of Regulation (EEC) No 2423/88;

The Commission regards this undertaking as acceptable, considering that the effect of this undertaking will be to increase the prices of the products concerned to an extent sufficient to eliminate the margin of dumping found for this exporter;

In addition, the Hong Kong Government has offered its assistance in the monitoring of the price undertaking;

The Council has decided in Article 2 of Regulation (EEC) No 1768/89 on the collection of the amounts secured by way of provisional duty,

HAS DECIDED AS FOLLOWS:

Article 1

The undertaking offered by Wing Shing Cassette Mfg, Ltd, Hong Kong, in connection with anti-dumping proceeding concerning imports of video tape on reels or on cassettes falling within CN Code ex 8523 13 00 originating in the Republic of Korea or Hong Kong, is hereby accepted.

Article 2

The investigation in connection with the anti-dumping proceeding referred to in Article 1 is hereby terminated.

Done at Brussels, 19 June 1989.

For the Commission

Frans ANDRIESSEN

Vice-President

(1) OJ No L 209, 2. 8. 1988, p. 1.

(2) OJ No L 356, 24. 12. 1988, p. 47.

(3) See page 1 of this Official Journal.