ddrg/super_eurlex huggingface dataset:
COMMISSION OPINION of 13 April 1973 addressed to the Government of the Grand Duchy of Luxembourg on the Draft Regulation of the Grand Duchy implementing Regulation No 117/66/EEC and Regulation (EEC) No 1016/68 (73/120/EEC)

The Permanent Representative of the Grand Duchy of Luxembourg has sent the Commission, by letters dated 16 January 1973 and 9 March 1973, a Draft Regulation of the Grand Duchy laying down provisions implementing Council Regulation No 117/66/EEC (1) of 28 July 1966 on the introduction of common rules for the international carriage of passengers by coach and bus, and Commission Regulation (EEC) No 1016/68 (2) of 9 July 1968 prescribing the model documents referred to in Articles 6 and 9 of Council Regulation No 117/66/EEC.

This communication constitutes a consultation within the meaning of Article 10 of Council Regulation No 117/66/EEC, to which Article 6 of Regulation (EEC) No 1016/68 also refers.

The Commission notes that the Draft Regulation of the Grand Duchy lays down the implementing measures which the Member States are required to take under the aforesaid Council and Commission Regulations. As regards Regulation No 117/66/EEC such measures must cover, inter alia, the organization of, procedure for and measures of control, and the penalties for any breach ; as regards Regulation (EEC) No 1016/68, they must cover the period of validity of the book of passenger waybills, the processing and filing of the original and copy of passenger waybills and may also relate to any stamping of passenger waybills by authorized inspecting officers.

The Commission delivers the following Opinion on the Draft Regulation of the Grand Duchy:

The Commission finds that, subject to the delay of the Government of the Duchy of Luxembourg in putting them into force, the provisions laid down fulfil the obligations devolving upon the Member States by virtue of Article 10 of Council Regulation No 117/66/EEC and of Article 6 of Commission Regulation (EEC) No 1016/68.

Done at Brussels, 13 April 1973.

For the Commission

The President

François-Xavier ORTOLI (1)OJ No 147, 9.8.1966, p. 2688/66. (2)OJ No L 173, 22.7.1968, p. 8.
COMMISSION OPINION of 31 October 1975 addressed to the Government of the Kingdom of Belgium on a draft law relating to the introduction of a licence for the operation of inland waterway vessels and to the financing of the Institut pour le Transport par Batellerie (Institute for Inland Waterway Transport) (75/669/EEC)

In accordance with Article 1 of the Council Decision of 21 March 1962 (1) instituting a procedure for prior examination and consultation in respect of certain laws, regulations and administrative provisions concerning transport proposed in Member States, as amended by the Council Decision of 22 November 1973 (2), the Belgian Government sent the Commission, under cover of a letter of 2 September 1975 from its Permanent Representation to the European Communities, the text of a draft law relating to the introduction of a licence for the operation of inland waterway vessels and to the financing of the Institut pour le Transport par Batellerie.

The letter from the Belgian Permanent Representation reached the Commission on 5 September 1975 and, in accordance with the said Article 1, was also sent to the other Member States.

The Commission does not consider it necessary either to hold an information meeting with representatives of the Belgian Government or to consult the other Member States under Article 2 (3) thereof.

Pursuant to Article 2 (1) of the Council Decision of 21 March 1962, the Commission hereby delivers the following Opinion: 1. The Commission notes that the purpose of the proposed law is to make the operation for commercial purposes of inland waterway vessels subject to the possession of a licence, the detailed rules for the granting of which are laid down by law, the fee paid for the issue of such a licence being used to meet the operating costs of the Institut pour le Transport par Batellerie.

2. The Commission has no objections to formulate against the draft law notified by the Belgian Government.

The Commission is informing the other Member States of this Opinion.

Done at Brussels, 31 October 1975.

For the Commission

The Vice-President

Carlo SCARASCIA MUGNOZZA

(1) OJ No 23, 3.4.1962, p. 720/62. (2) OJ No L 347, 17.12.1973, p. 48.
COMMISSION OPINION of 20 January 1976 addressed to the Belgian Government on the draft Royal Decree amending the Royal Decree of 23 April 1971 implementing Council Regulation (EEC) No 1463/70 of 20 July 1970 on the introduction of recording equipment in road transport (76/152/EEC)

In accordance with Article 21 (1) of Council Regulation (EEC) No 1463/70 of 20 July 1970 on the introduction of recording equipment in road transport, the Belgian Government, by letter dated 1 December 1975 from the Office of its Permanent Representative to the European Communities, sent to the Commission for its opinion, a draft Royal Decree amending the Royal Decree of 23 April 1971 implementing Council Regulation (EEC) No 1463/70.

The Commission notes that: - the draft Royal Decree proposed by the Belgian Government comes within Article 21 (1) of Council Regulation (EEC) No 1463/70 of 20 July 1970;

- the said draft Royal Decree supplements and sets out in greater detail certain provisions of the Royal Decree of 23 April 1971 implementing Council Regulation (EEC) No 1463/70. It lays down, in particular: - the scope and period of application of Council Regulation (EEC) No 1463/70,

- the authorities empowered to examine the applications for type approval,

- the staff responsible for checking for infringements,

- the authority responsible for intervening in case of dispute as to the accuracy of the information provided by the equipment.

It should be recalled that pursuant to Article 4 (2) of Council Regulation (EEC) No 1463/70 of 20 July 1970, as amended by the sole Article of Council Regulation (EEC) No 1787/73 of 25 June 1973, the installation and use of recording equipment conforming to Annexes I and II to Regulation (EEC) No 1463/70 is to be compulsory for all vehicles used for the carriage of passengers and goods by road, as defined in Article 3 of that Regulation, with effect from 1 January 1980.

The Commission would therefore draw the attention of the Belgian Government to the fact that it should, within the normal period required to enable the Commission to deliver an opinion before that date, submit to the Commission a new draft Royal Decree referring exclusively to recording equipment conforming to Annexes I and II to Council Regulation (EEC) No 1463/70.

For these reasons, and subject to the abovementioned reservations, the Commission hereby delivers a favourable opinion.

Done at Brussels, 20 January 1976.

For the Commission

Carlo SCARASCIA MUGNOZZA

Vice-President
COMMISSION OPINION of 9 March 1978 addressed to the Italian Government on a draft law implementing Council Regulation (EEC) No 1463/70 of 20 July 1970 on the introduction of recording equipment in road transport, as amended by Regulation (EEC) No 1787/73 of 25 June 1973 (78/311/EEC)

In a letter of 24 May 1977 from the Office of its Permanent Representative, the Italian Government sent to the Commission for its opinion a draft law (atto del Senato No 558) implementing Council Regulation No 1463/70 of 20 July 1970 on the introduction of recording equipment in road transport, as amended by Regulation (EEC) No 1787/73 of 25 June 1973.

The draft law supplements and replaces the provisions of the ministerial order of 16 November 1974.

The Commission finds that this request for an opinion falls within the first subparagraph of Article 21 (1) of Regulation No 1463/70 ; it finds that the draft law will, without additional measures, properly implement Regulation (EEC) No 1463/70 ; however, it regrets that these measures were taken so late.

For these reasons the Commission gives a favourable opinion.

Done at Brussels, 9 March 1978.

For the Commission

Richard BURKE

Member of the Commission
COMMISSION OPINION of 30 July 1981 addressed to the Government of the Kingdom of the Netherlands on a draft law relating to safety and working conditions in inland waterway transport (Only the Dutch text is authentic) (81/681/EEC)

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 the Decision of 22 November 1973 (2), the Netherlands Government sent to the Commission, under cover of letters dated 19 February and 20 May 1981 from the Office of its Permanent Representation to the European Communities, the text of a draft law relating to safety and working conditions in inland waterway transport.

Under Article 2 (1) of the abovementioned Council Decision the Commission hereby delivered the following opinion: 1. The Commission recalls that the Council is expected soon to adopt a Directive laying down Community technical requirements for inland waterway vessels.

2. The Commission finds that the draft law is of a general nature and does not call for any detailed observations in relation to the proposed Community rules.

3. Nevertheless, the Commission notes that the draft law provides for the adoption of detailed rules for its specific implementation by Royal Decree.

4. The Commission feels that only after examination of these implementing provisions can any definitive opinion be delivered on the compatibility of the Netherlands legislation with the proposed Directive referred to above.

5. Consequently, the Commission stresses the importance of ensuring that the implementing provisions be submitted to it in good time.

6. The Commission has not thought it necessary to arrange consultations with the other Member States pursuant to Article 2 (3) of the Council Decision.

7. The Commission will inform the other Member States of this opinion.

Done at Brussels, 30 July 1981.

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.
*****

COMMISSION OPINION

of 30 November 1982

addressed to the Danish Government regarding the implementation of Council Directive 79/115/EEC concerning pilotage of vessels by deep-sea pilots in the North Sea and English Channel

(Only the Danish text is authentic)

(82/841/EEC)

1. In a letter dated 6 April 1981, the office of the Permanent Representative of Denmark to the European Communities sent the Commission, as required by Article 2 of Directive 79/115/EEC (1), the circular published by the Ministry of Industry on 7 July 1980 concerning deep-sea pilots in the North Sea, the English Channel and the Skagerrak.

2. The Commission regrets that, contrary to the said Article 2, the Danish Government did not comply with the obligation to consult the Commission before adopting the circular in question nor the obligation to adopt the measure before 1 January 1980.

3. Examination of the circular has, however, satisfied the Commission that the Danish Government has fully implemented the provisions of Article 1 (2) of the Directive. As regards implementation of Article 1 (1), the Commission considers that if, under the present policy, there are not sufficient pilots available to meet the demand, the Danish authorities themselves will have to issue certificates for deep-sea pilots, in which case the Commission asks to be shown all the documents in question.

4. Subject to this reservation, the Commission considers that the Danish Government has fully implemented Directive 79/115/EEC.

Done at Brussels, 30 November 1982.

For the Commission

Giorgios CONTOGEORGIS

Member of the Commission

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

COMMISSION OPINION

of 26 November 1986

addressed to the French Government on the draft Decree concerning the implementation of Council Directive 82/714/EEC laying down technical requirements for inland waterway vessels

(86/598/EEC)

In a letter dated 25 April 1986, the Permanent Representative of the French Republic to the European Communities sent the Commission, for the purpose of consultation, the text of a draft Decree concerning the implementation of Council Directive 82/714/EEC (1) of 4 October 1982 laying down technical requirements for inland waterway vessels.

The communication was made pursuant to Article 22 of the above Directive, which lays down that Member States, after consulting the Commission, shall take whatever steps are necessary to comply with this Directive.

The Commission issues the following opinion on the abovementioned decree:

1. The Commission considers that the draft Decree transposes the administrative provisions of Council Directive 82/714/EEC into national law.

2. The Commission calls on the French Government to confirm that the classification of inland waterways, and the technical requirements laid down in the Ministerial Decisions to which Articles 2 and 3 of the Decree refer, comply with the classification of inland waterways given in Annex I and the technical requirements listed in Annex II of the Directive.

3. The Commission calls on the French Government to confirm that the timetable of technical inspections laid down by the Decisions referred to in Article 8 of the Decree complies with Article 8 of the Directive.

Done at Brussels, 26 November 1986.

For the Commission

Stanley CLINTON DAVIS

Member of the Commission

(1) OJ No L 301, 28. 10. 1982, p. 1.
*****

COMMISSION OPINION

of 26 January 1988

concerning the Isar 2 nuclear power-station (Federal Republic of Germany)

(Only the German text is authentic)

(88/104/EEC)

The general data concerning the plan for the disposal of radioactive waste from the Isar 2 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 15 July 1987.

In the course of the meeting of the Group of Experts set up pursuant to the Treaty, which took place on 9 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, Italy, is approximately 170 kilometres; Austria is 62 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.

The Commission recommends, however, that the competent authorities of the Federal Republic of Germany establish contacts concerning the exchange of information with their counterparts in other countries, in particular Italy, as soon as possible, and in any case before connection of the nuclear power-station to the grid. The Commission notes that milk from the region of the station is exported, mainly to Italy. Arrangements under these contacts should also cater for hypothetical accidents which may have radiological 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 Isar 2 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 NOTICE

Regarding the anti-dumping review proceeding concerning imports of oxalic acid originating in Brazil

Commission Decision 90/378/EEC of 13 July 1990, accepting an undertaking given in connection with the anti-dumping review proceeding concerning imports of oxalic acid originating in Brazil and terminating the investigation, which has been improperly published in the Official Journal of the European Communities (1) has not entered into force on its publication in the abovementioned Official Journal.

This Decision shall enter into force only after the publication of a further notice in the Official Journal of the European Communities.

(1) OJ No L 184, 17. 7. 1990, p. 16.
COMMISSION OPINION of 2 April 1991 addressed to the Spanish Government concerning the implementation of Council Directive 79/116/EEC concerning minimum requirements for certain tankers entering or leaving Community ports, and Council Directive 79/1034/EEC amending Council Directive 79/116/EEC (91/223/EEC)

1. By letter of 13 March 1990, the Office of the Permanent Representative of Spain to the European Communities forwarded to the Commission pursuant to Article 3 of both of these Directives (1) (2), Real Decreto No 145/89 of 20 January 1990 and the Orden of 8 February 1990, together with the correction thereto, concerning the minimum requirements for certain tankers entering or leaving Spanish ports.

2. The Commission must point out that, despite its obligations under Article 3 of both Directives, the Spanish Government submitted the text of the Real Decreto and the Orden to the Commission for consultation after they had been adopted and not, as provided for in the Directives, before they were adopted.

3. Examination of the measures has enabled the Commission to ascertain that the Spanish Government has complied fully with the Directives concerned. The Commission is therefore delivering a favourable opinion.

Done at Brussels, 2 April 1991.

For the Commission

Karel VAN MIERT

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 August 2002

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

(2002/C 199/02)

(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 Krümmel Nuclear Power Station KKK.

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 Krümmel Nuclear Power Station KKK, 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 modification of the Trillo I Nuclear Power Station in Spain, in accordance with Article 37 of the Euratom Treaty

(2002/C 32/10)

(only the Spanish text is authentic)

On 10 April 2001, the European Commission received from the Government of Spain, in accordance with Article 37 of the Euratom Treaty, general data relating to the plan for the disposal of radioactive waste from the modification of the Trillo I Nuclear Power plant.

On the basis of these data and additional information subsequently provided by the Spanish Government, the Commission has considered that the plan concerned a modification 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 that modification 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 modification requires no changes to the existing authorised limits for gaseous and liquid discharges.

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

(c) The planned modification has 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 the modification of the Trillo I Nuclear Power Station, located in Spain, both in normal operation and in the event of an accident of the 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.