ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Communities L 155/60

COUNCIL DECISION

of 24 March 1997 (1)

concerning the elimination of duties on certain spirituous beverages

(97/360/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 113, in conjunction with Article 228 (2) first sentence, thereof,

Having regard to the proposal from the Commission,

Whereas the elimination of tariffs by the United States and the European Community is considered to be of overall benefit;

Whereas the United States and the European Community have prepared an Agreement in the form of a Memorandum of Understanding on spirituous beverages; whereas the Agreement includes modifications to an EC-Spirits-Schedule CXL which should be submitted to the World Trade Organization;

Whereas the Agreement in the form of a Memorandum of Understanding between the United States and the European Community on spirituous beverages should be approved on behalf of the Community,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement in the form of a Memorandum of Understanding between the European Community and the United States of America on spirituous beverages is hereby approved on behalf of the Community.

The text of the Agreement is attached to this Decision.

Article 2

The Commission is hereby authorized to submit to the World Trade Organization the modifications to the Community schedule as set out in the EC-Spirits-Schedule CXL contained in the Agreement attached hereto.

Article 3

The President of the Council is hereby authorized to designate the person empowered to sign the Agreement in the form of a Memorandum of Understanding in order to bind the Community.

Article 4

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

Done at Brussels, 24 March 1997. For the Council The President H. VAN MIERLO

(1) The consolidated text of this Decision incorporates corrections approved by the Council on 14 May 1997.
COMMISSION DECISION of 25 July 1997 amending Decision 95/30/EC laying down special conditions governing imports of fishery and aquaculture products originating in Morocco (Text with EEA relevance) (97/581/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to 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 (1), as last amended by Directive 95/71/EC (2), and in particular Article 11 (5) thereof,

Whereas the list of establishments approved by Morocco for imports of fishery products into the Community is set out in Commission Decision 95/30/EC (3); whereas that list may be amended where a new list is forwarded by the competent Moroccan authorities;

Whereas the competent Moroccan authorities have forwarded a new list including in particular 305 freezer vessels;

Whereas the list of approved establishments and vessels must be amended accordingly;

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

Annex B to Decision 95/30/EC is hereby replaced by the Annex hereto.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 25 July 1997.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ No L 268, 24. 9. 1991, p. 15.

(2) OJ No L 332, 30. 12. 1995, p. 40.

(3) OJ No L 42, 24. 2. 1995, p. 32.

ANNEX

'ANNEX B

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COMMISSION DECISION of 3 February 1997 amending Decision 94/360/EC on the reduced frequency of physical checks of consignments of certain products to be imported from third countries, under Council Directive 90/675/EEC (Text with EEA relevance) (97/139/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 8 (3) thereof,

Whereas Annex II to Commission Decision 94/360/EC of 20 May 1994 on the reduced frequency of physical checks of consignments of certain products to be imported from third countries, under Council Directive 90/675/EEC (3), as last amended by Decision 96/104/EC (4), should be updated in the light of negotiations on veterinary agreements with certain third countries and discussions under the EEA Agreement;

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 following indents are added to Annex II to Decision 94/360/EC:

'- In the case of New Zealand, the frequencies provided for in Council Decision 97/131/EC of 17 December 1996 on the conclusion of an Agreement in the form of an Exchange of Letters concerning the provisional application of the Agreement between the European Community and New Zealand on sanitary measures applicable to trade in live animals and animal products (1).

- In the case of Norway, the Member States are authorized to retain frequencies lower than those provided for in Annex I.

- In the case of Iceland, as regards the products listed in Annex I, category I, 2 and category II, 6, the Member States are authorized to retain frequencies lower than those provided for in Annex I.

(1) OJ No L 57, 26. 2. 1997, p. 1.`

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 3 February 1997.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ No L 373, 31. 12. 1990, p. 1.

(2) OJ No L 162, 1. 7. 1996, p. 1.

(3) OJ No L 158, 25. 6. 1994, p. 41.

(4) OJ No L 24, 31. 1. 1996, p. 31.
COMMISSION DECISION of 28 January 1997 establishing the identification system for packaging materials pursuant to European Parliament and Council Directive 94/62/EC on packaging and packaging waste (Text with EEA relevance) (97/129/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste (1), and in particular Article 8 (2) thereof,

Whereas the identification system is to be voluntary at least in a first stage but subject to revision to establish whether to introduce it on a binding basis at a further stage;

Whereas the identification system will be periodically reviewed and, if necessary, revised in accordance with the procedure laid down in Article 21 of Directive 94/62/EC;

Whereas the measures provided for in this Decision are in accordance with the opinion of the Committee, established pursuant to Article 21 of Directive 94/62/EC,

HAS ADOPTED THIS DECISION:

Article 1

This Decision, which covers all packaging covered by Directive 94/62/EC aims to establish the numbering and abbreviations on which the identification system is based, indicating the nature of the packaging material(s) used and specifying which materials shall be subject to the identification system.

Article 2

For the purposes of this Decision:

- the same definitions set out in Article 3 of Directive 94/62/EC shall apply where relevant,

- composite: means packaging made up of different materials, and which cannot be separated by hand, none exceeding a given percent by weight which shall be established in accordance with the procedure laid down in Article 21 of Directive 94/62/EC. Potential exemptions for some materials may be established by the same procedure.

Article 3

The numbering and abbreviations of the identification system are as laid down in the Annexes.

Their use shall be voluntary for the plastic materials mentioned in Annex I, the paper and fibreboard materials mentioned in Annex II, the metals mentioned in Annex III, the wood materials mentioned in Annex IV, the textile materials mentioned in Annex V, the glass materials mentioned in Annex VI, and the composites mentioned in Annex VII.

A decision whether to introduce on a binding basis the identification system for any material or materials may be adopted in accordance with the procedure laid down in Article 21 of Directive 94/62/EC.

Article 4

This Decision is addressed to the Member States.

Done at Brussels, 28 January 1997.

For the Commission

Ritt BJERREGAARD

Member of the Commission

(1) OJ No L 365, 31. 12. 1994, p. 10.

ANNEX I

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ANNEX II

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ANNEX III

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ANNEX IV

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ANNEX V

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ANNEX VI

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ANNEX VII

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COMMISSION DECISION of 13 March 1997 authorizing the grant by Finland of national aid in the reindeer sector (Only the Finnish and Swedish texts are authentic) (97/236/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to the Act of Accession of Austria, Finland and Sweden and in particular Annex I (chapter V, subchapter B, section XII 'Remainder`) thereof, which amends Article 5 of Council Regulation (EEC) No 827/68 of 28 June 1968 on the common organization of the market in certain products listed in Annex II to the Treaty (1), as last amended by Commission Regulation (EC) No 195/96 (2), including reindeer and reindeer meat,

Whereas, in accordance with the above provision, Finland may, subject to Commission authorization, grant certain aids for the production and marketing of reindeer and reindeer products; whereas this must not, however, entail any 'increase in traditional levels of production`;

Whereas on 8 July 1996, Finland sent the Commission its project for national aid in the reindeer sector on the basis of Article 93 (3) of the Treaty of Rome; whereas the Commission cannot decide on the basis of Articles 92 to 94 of the Treaty but only under Article 5 of Regulation (EEC) No 827/68;

Whereas by letter of 24 October 1996, Finland answered the Commission's request for further information; whereas Finland, by letters dated 8 July 1996 and 24 October 1996, sent information on the traditional levels of production;

Whereas the aids in question, of unlimited duration, are such as to support reindeer production in Finland and are accompanied by a system to monitor trends in production capacity and should therefore not result in an increase in the traditional levels of production, and therefore comply with the above provision; whereas the Commission should also be regularly informed of the level of production of reindeer and reindeer products in Finland,

HAS ADOPTED THIS DECISION:

Article 1

The aid measures in the reindeer sector notified by Finland in its letter of 8 July 1996, as amended by letter dated 24 October 1996, are hereby authorized.

Article 2

The Finnish authorities shall send the Commission each year information enabling the Commission to establish whether the traditional levels of production have been complied with.

Article 3

This Decision is addressed to the Republic of Finland.

Done at Brussels, 13 March 1997.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ No L 151, 30. 6. 1968, p. 16.

(2) OJ No L 26, 2. 2. 1996, p. 13.
EN Official Journal of the European Communities L 345/52

COUNCIL DECISION

of 11 December 1997

laying down the procedure for adopting the Community's position in the Customs Union Joint Committee set up by Decision No 1/95 of the EC-Turkey Association Council on implementation of the final phase of the Customs Union

(97/833/EC)

THE COUNCIL OF THE EUROPEAN UNION,

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

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

Having regard to the opinion of the European Parliament (2),

Whereas Decision No 1/95 (3) of the EC-Turkey Association Council established a Customs Union Joint Committee; whereas that Committee is empowered to frame recommendations to the Association Council and has decision-making powers in the cases provided for by the said Decision;

Whereas for the purposes of Joint Committee proceedings it is necessary to lay down rules for the adoption of common positions on the basis of which the Community, represented on the Joint Committee by the Commission, can enter into commitments vis-à-vis Turkey;

Whereas the Joint Committee's task is to ensure the proper functioning of the Customs Union and freedom of trade between the Parties; whereas common positions to be adopted by the Community accordingly fall within the scope of Article 113 of the Treaty, and the procedure provided for by that Article should as a rule apply;

Whereas it is necessary, however, to provide that common positions relating to the application of Community legislation and any associated technical adjustments or to the assessment of anti-competitive behaviour should be adopted by the Commission,

HAS ADOPTED THIS DECISION:

Article 1

Subject to Article 2, the position to be taken by the Community in the Customs Union Joint Committee shall be adopted by the Council, acting by a qualified majority on a proposal from the Commission.

Article 3

The position to be taken by the Community in the Customs Union Joint Committee shall be adopted by the Commission where the said position relates to the simple transposition into the Customs Union of acts of Community law, if necessary by means of technical adjustments, or to the assessment of anti-competitive behaviour. The annual report by the Commission on the implementation of the Customs Union shall also inform the European Parliament of decisions taken by the Joint Committee.

Article 3

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

Done at Brussels, 11 December 1997. For the Council The President M. DELVAUX-STEHRES

(1) OJ C 84, 21. 3. 1996, p. 14.

(2) Opinion delivered on 18 November 1997 (not yet published in the Official Journal).

(3) OJ C 35, 13. 2. 1996, p. 1.
Corrigendum to Council Decision 98/258/EC of 16 March 1998 on the conclusion of the Agreement between the European Community and the United States of America on sanitary measures to protect public and animal health in trade in live animals and animal products (Official Journal of the European Communities L 118 of 21 April 1998)

On page 1 in Article 2:

- add to the end of Article 2 the following reference '(*)`,

- add the following footnote:

'(*) It should be borne in mind that on adopting Decision 98/258/EC (see also OJ C 136, 1.5.1998, pp. 1 to 11), the Council agreed that the Agreement with the United States would be signed once it had been established by a qualified majority within the Council that the second proposed rule on the animal health status of the European Community, which will be published by the United States in the Federal Register, was consistent with the letter from Mr Glickman of 10 March 1998 (OJ C 136, 1.5.1998, p. 2), and in particular with regard to classical swine fever and swine vesicular disease (see page 15, Annex III, of this Official Journal).

Consequently, the date of entry into force of the Agreement with the United States will be published in the Official Journal of the European Communities by the General Secretariat of the Council once it has been signed and the procedures mentioned in Article 16 of the said Agreement have been completed.`
COMMISSION DECISION of 15 December 1997 amending Commission Decision 93/402/EEC concerning animal health conditions and veterinary certification for imports of fresh meat from South American countries (Text with EEA relevance) (98/16/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to the 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 Council Directive 96/91/EC (2), in particular Articles 14 and 22 thereof,

Whereas the animal health conditions and veterinary certification for imports of fresh meat from Colombia, Paraguay, Uruguay, Brazil, Chile and Argentina are laid down by Commission Decision 93/402/EEC (3), as last amended by Decision 96/595/EEC (4);

Whereas the territories of Argentina from which Member States authorise the imports of deboned sheep meat were defined in function of the control of the foot-and-mouth disease; whereas Argentina has not recorded cases of foot-and-mouth disease since April 1994;

Whereas the veterinary authorities of Argentina have provided the necessary guarantees;

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

Annex I of Decision 93/402/EEC is replaced by the Annex of this Decision.

Article 2

Member States authorise, for 60 days following the date of notification of this Decision to Member States, imports of fresh meat from Argentina produced and certified in accordance with the conditions laid down in Decision 93/402/EEC prior to the entry into force of this Decision.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 15 December 1997.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 302, 31. 12. 1972, p. 28.

(2) OJ L 13, 16. 1. 1997, p. 26.

(3) OJ L 179, 22. 7. 1993, p. 11.

(4) OJ L 261, 15. 10. 1996, p. 41.

ANNEX

'ANNEX I

DESCRIPTION OF TERRITORIES OF SOUTH AMERICA ESTABLISHED FOR ANIMAL HEALTH CERTIFICATION PURPOSES

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COMMISSION DECISION of 9 December 1997 on financial contributions from the Community for the eradication of Newcastle disease in Denmark (Only the Danish text is authentic) (98/65/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (1), as last amended by Decision 94/370/EC (2) and in particular Articles 3 (3) and 4 (2) thereof,

Whereas outbreaks of Newcastle disease occurred in Denmark in 1996; whereas the appearance of this disease is a serious danger to the Community's poultry and, in order to help eradicate the disease as rapidly as possible, the Community has the possibility of compensating for the losses suffered;

Whereas, as soon as the presence of Newcastle disease was officially confirmed the authorities took appropriate measures which included the measures as listed in Article 3 (2) of Decision 90/424/EEC; whereas such measures were notified by the Danish authorities;

Whereas the conditions for Community financial assistance have been met;

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

Denmark may obtain Community financial assistance for outbreaks of Newcastle disease which occurred during 1996. The financial contribution from the Community shall be:

- 50 % of the costs incurred by Denmark in compensating the owner for the slaughter, destruction of poultry and poultry products as appropriate,

- 50 % of the costs incurred by Denmark for the cleaning and disinfection of holdings and equipment,

- 50 % of the costs incurred by Denmark in compensating the owner for the destruction of contaminated feedingstuffs and contaminated equipment.

Article 2

The Community financial contribution shall be granted after the supporting documents have been submitted and unter the condition that Community veterinary legislation has been respected.

Article 3

Denmark shall forward the supporting documents referred to in Article 2 not later than six months after the notification of this Decision.

Article 4

This Decision is addressed to the Kingdom of Denmark.

Done at Brussels, 9 December 1997.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ No L 224, 18. 8. 1990, p. 19.

(2) OJ No L 168, 2. 7. 1994, p. 31.
COMMISSION DECISION of 23 January 1998 amending Decision 97/660/EC adopting the plan allocating to the Member States resources to be charged to the 1998 budget year for the supply of food from intervention stocks for the benefit of the most deprived persons in the Community (98/101/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 3730/87 of 10 December 1987 laying down the general rules for the supply of food from intervention stocks to designated organisations for distribution to the most deprived persons in the Community (1), as amended by Regulation (EC) No 2535/95 (2), and in particular Article 6 thereof,

Having regard to Commission Regulation (EEC) No 3149/92 of 29 October 1992 laying down detailed rules for the supply of food from intervention stocks for the benefit of the most deprived persons in the Community (3), as last amended by Regulation (EC) No 267/96 (4), and in particular the first subparagraph of Article 7(1) thereof,

Whereas Commission Decision 97/660/EC (5) adopts the plan allocating to the Member States resources to be charged to the 1998 budget year; whereas that plan determines the financial resources made available to implement the 1998 plan in each participating Member State and fixes the quantities of each type of product to be withdrawn from intervention stocks within the limits of those financial resources; whereas, within the limit of the financial resources laid down by the 1998 plan, the quantities of products to be withdrawn from intervention stocks should be adjusted to take account of current availability; whereas the intra-Community transfers necessary for the use of those quantities of products should also be authorised under the conditions provided for in Article 7 of Regulation (EEC) No 3149/92;

Whereas the measures provided for in this Decision are in accordance with the opinions of all the Management Committees concerned,

HAS ADOPTED THIS DECISION:

Article 1

Point (b) of the Annex to Decision 97/660/EC is hereby replaced by Annex I to this Decision.

Article 2

The intra-Community transfer operations referred to in Annex II shall be authorised.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 23 January 1998.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 352, 15. 12. 1987, p. 1.

(2) OJ L 260, 31. 10. 1995, p. 3.

(3) OJ L 313, 30. 10. 1992, p. 50.

(4) OJ L 36, 14. 2. 1996, p. 2.

(5) OJ L 278, 11. 10. 1997, p. 29.

ANNEX I

Annual distribution plan for 1998

'(b) Quantity of each type of product to be withdrawn from intervention stocks for distribution in each Member State up to the maximum amounts indicated in point (a)

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ANNEX II

Intra-Community transfers authorised by this Decision

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