ddrg/super_eurlex huggingface dataset:
COMMISSION DECISION of 14 May 1998 authorising the Member States to permit temporarily the marketing of linseed (Linum usitatissimum L.) not satisfying the requirements of Council Directive 69/208/EEC (98/342/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 69/208/EEC of 30 June 1969 on the marketing of seed of oil and fibre plants (1), as last amended by Directive 96/72/EC (2), and in particular Article 16 thereof,

Having regard to the request submitted by Finland,

Whereas in Finland the production of seed of linseed (Linum usitatissimum L.), variety Helmi, satisfying the requirements of Directive 69/208/EEC in relation to minimum germination capacity has been insufficient in 1997 and is therefore not adequate to meet this country's needs; whereas this is an early variety (growing time in the applicant country 106 days) suitable for northern growing conditions and having grain with a very low chlorophyll content to be used for medicinal purposes;

Whereas it is not possible to cover this demand satisfactorily with seed from other Member States, or from third countries, satisfying all the requirements laid down in the said Directive;

Whereas Finland should therefore be authorised to permit for a period expiring on 30 June 1998 the marketing of seed of the abovementioned species subject to less stringent requirements;

Whereas, moreover, other Member States which are able to supply Finland with such seed not satisfying the requirements of the Directive should be authorised to permit the marketing of such seed;

Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,

HAS ADOPTED THIS DECISION:

Article 1

Finland is authorised to permit, for a period expiring on 30 June 1998 the marketing in its territory of a maximum of 140 tonnes of seed of the categories 'certified seed of the first generation` or 'certified seed of the second generation` of linseed (Linum usitatissimum L.), variety Helmi, which do not satisfy the requirements laid down in Annex II to Directive 69/208/EEC with regard to the minimum germination capacity, provided that the germination capacity is at least 70 % of pure seed and the official label bears the endorsement 'minimum germination capacity 70 %`.

Article 2

Member States other than the applicant Member State are also authorised to permit, on the terms set out in Article 1 and for the purposes intended by the applicant Member State, the marketing in their territories of the seed authorised to be marketed under this Decision.

Article 3

Member States shall immediately notify the Commission and the other Member States of the various quantities of seed labelled and permitted to be marketed in their territories pursuant to this Decision.

Article 4

This Decision is addressed to the Member States.

Done at Brussels, 14 May 1998.

For the Commission

Hans VAN DEN BROEK

Member of the Commission

(1) OJ L 169, 10. 7. 1969, p. 3.

(2) OJ L 304, 27. 11. 1996, p. 10.
EN Official Journal of the European Communities L 173/26

DECISION OF THE COUNCIL AND OF THE COMMISSION

of 29 May 1998

concerning the conclusion of the Agreement between the European Communities and the Government of the United States of America on the application of positive comity principles in the enforcement of their competition laws

(98/386/EC, ECSC)

THE COUNCIL OF THE EUROPEAN UNION,

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community, and in particular Article 87 in conjunction with the first subparagraph of Article 228(3) thereof,

Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Articles 65 and 66 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Whereas the Agreement of 23 September 1991 between the European Communities and the Government of the United States of America regarding the application of their competition laws, and the exchange of interpretative letters dated 31 May and 31 July 1995 in relation to that Agreement (together hereinafter referred to as ‘the 1991 Agreement’), attached to Decision 95/145/EC, ECSC of the Council and the Commission (2) has contributed to coordination, cooperation and avoidance of conflicts in competition law enforcement;

Whereas Article V of the 1991 Agreement, commonly referred to as the ‘positive comity’ Article, calls for cooperation regarding anti-competitive activities occurring in the territory of one Party that adversely affect the interests of the other Party,

Whereas further elaboration of the principles of positive comity and of the implementation of those principles would enhance the 1991 Agreement's effectiveness in relation to such conduct;

Whereas, to this end, the Commission has negotiated an Agreement with the Government of the United States of America on the application of positive comity principles in the enforcement of the competition rules of the European Communities and of the United States of America;

Whereas the Agreement should be approved,

HAVE DECIDED AS FOLLOWS:

Article 1

The Agreement between the European Communities and the Government of the United States of America on the application of positive comity principles in the enforcement of their competition laws is hereby approved on behalf of the European Community and the European Coal and Steel Community.

The text of the Agreement, drawn up in the English language, is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the European Community.

The President of the Commission is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the European Coal and Steel Community. Done at Brussels, 29 May 1998. For the Council The President J. STRAW For the Commission The President J. SANTER

(1) OJ C 138, 4. 5. 1998.

(2) OJ L 95, 27. 4. 1995, p. 45; corrigendum OJ L 131, 15. 6. 1995, p. 38.
COMMISSION DECISION of 30 June 1998 repealing Decision 98/84/EC on protective measures with regard to fishery products from or originating in Uganda, Kenya, Tanzania and Mozambique and amending the health certification for fishery products originating or proceeding from Uganda, Kenya and Mozambique (notified under document number C(1998) 1848) (Text with EEA relevance) (98/418/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 organisation of veterinary checks on products entering the Community from third countries (1), as last amended by Directive 96/43/EC (2), and in particular Article 19 thereof,

Whereas Commission Decision 98/84/EEC of 16 January 1998 on protective measures with regard to fishery products from or originating in Uganda, Kenya, Tanzania and Mozambique, and repealing Decision 97/878/EC (3), was adopted because of the development of a cholera epidemic in those countries;

Whereas Commission Decision 95/328/EEC (4) establishes health certification for fishery products from third countries which are not yet covered by a specific decision;

Whereas the official authorities in Uganda, Kenya, Tanzania and Mozambique have provided the appropriate guarantees; whereas, therefore, Decision 98/84/EC should be repealed;

Whereas the importation of fishery products from Uganda, Kenya, Tanzania and Mozambique must be subject to the provisions of Council Directive 91/493/EEC of 22 July 1991 laying down the health conditions for the production and the placing on the market of fishery products (5), as last amended by the Act of Accession of Austria, Finland and Sweden;

Whereas special attention must be paid to the medical checks of workers handling fishery products intended for human consumption, as laid out in Chapter III, point II(B) of the Annex of Directive 91/493/EEC; whereas, therefore, it is necessary to add a specific mention in the health certification accompanying the imports of fishery products from Uganda, Kenya and Mozambique;

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

Decision 98/84/EEC is hereby repealed with effect from 1 July 1998.

Article 2

Point IV of the health certification laid down in the Annex to Commission Decision 95/328/EC and accompanying the consignments of fishery products originating or proceeding from Uganda, Kenya and Mozambique, must be completed by the following point:

'(3) any person working on and/or handling the fishery or aquaculture products described above have satisfactorily undergone the medical supervision laid down in Chapter III, point II(B) of the Annex to Directive 91/493/EEC.`

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 30 June 1998.

For the Commission

Franz FISCHLER

Member of the Commission

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

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

(3) OJ L 15, 21. 1. 1998, p. 43.

(4) OJ L 191, 12. 8. 1995, p. 32.

(5) OJ L 268, 24. 9. 1991, p. 15.
COMMISSION DECISION of 12 June 1998 introducing protective measures with regard to equidae imported from Turkey (notified under document number C(1998) 1593) (Text with EEA relevance) (98/404/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC (1), as last amended by Decision 96/43/EC (2), and in particular Article 18 thereof,

Whereas, in the course of a Commission inspection visit to Turkey, serious flaws have come to light in the procedures for exporting horses from Turkey to the Community;

Whereas, given the usual movements to which equidae are subject, this situation presents a serious threat to equidae in the Member States;

Whereas, therefore, it is necessary to prohibit both the readmission of registered horses after temporary export and the temporary admission of registered horses from Turkey;

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 Member States shall prohibit the temporary admission of registered horses from Turkey, their transit and the readmission of registered horses from Turkey after temporary export.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 12 June 1998.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 268, 24. 9. 1991, p. 56.

(2) OJ L 162, 1. 7. 1996, p. 1.
COUNCIL DECISION of 29 June 1998 appointing members and alternate members of the Advisory Committee on the Training of Midwives (98/C 222/03)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Council Decision 80/156/EEC of 21 January 1980 setting up an Advisory Committee on the Training of Midwives (1), and in particular Articles 3 and 4 thereof,

Having regard to the Act of Accession of 1994, and in particular Article 165(1) thereof,

Whereas under the terms of Article 3 of that Decision the said Committee shall consist of three experts from each Member State and an alternate for each of these experts; whereas under the terms of Article 4 of that same Decision the terms of office of these experts and alternates shall be three years;

Whereas by its Decision of 7 November 1995 (2) the Council appointed the members and alternate members of the Advisory Committee on the Training of Midwives for the period from 23 October 1995 to 22 October 1998;

Whereas the Belgian and Italian Governments have each submitted a list of candidates for the appointment, replacement or renewal of the terms of office of the members and alternate members of that Committee,

HAS DECIDED AS FOLLOWS:

Sole Article

The following are hereby appointed members and alternate members of the Advisory Committee on the Training of Midwives for the period to 22 October 1998:

A. >TABLE>

B. >TABLE>

C. >TABLE>

Done at Luxembourg, 29 June 1998.

For the Council

The President

R. COOK

(1) OJ L 33, 11.2.1980, p. 13.

(2) OJ C 292, 7.11.1995, p. 2.
COMMISSION DECISION of 9 July 1998 approving the monitoring plan for the detection of residues or substances in live animals and animal products presented by the Netherlands (notified under document number C(1998) 1890/2) (Only the Dutch text is authentic) (Text with EEA relevance) (98/459/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 96/23/EC of 29 April 1996 on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC (1), and in particular Article 8(1) thereof,

Whereas the Netherlands forwarded to the Commission, in a document dated 22 July 1997, a plan specifying the national measures to be implemented during 1998 for the detection of certain substances and residues thereof in live animals and animal products; whereas that plan was amended by a document dated 20 February 1998 and 30 March 1998, in accordance with the Commission's request, bringing it into line with the requirements of Directive 96/23/EC;

Whereas examination of this plan has shown that it complies with Directive 96/23/EC, and in particular Articles 5 and 7 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 monitoring plan for the detection of the residues and substances referred to in Annex I to Directive 96/23/EC in live animals and animal products presented by the Netherlands is hereby approved.

Article 2

The Netherlands shall adopt the laws, regulations and administrative provisions necessary to implement the plan referred to in Article 1.

Article 3

This Decision is addressed to the Kingdom of the Netherlands.

Done at Brussels, 9 July 1998.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 125, 23. 5. 1996, p. 10.
COUNCIL DECISION of 18 June 1998 on the conclusion of an Agreement on mutual recognition in relation to conformity assessment between the European Community and New Zealand (98/509/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, and (3), first subparagraph, and Article 228(4) thereof,

Having regard to the proposal of the Commission,

Whereas the Agreement on mutual recognition in relation to conformity assessment between the European Community and New Zealand has been negotiated and initialled on 19 July 1996 and should be approved;

Whereas certain tasks for implementation have been attributed to the Joint Committee established by the Agreement, and in particular the power to amend certain aspects of the Sectoral Annexes thereto;

Whereas the appropriate internal procedures should be established to ensure the proper functioning of the Agreement, and whereas it is necessary to empower the Commission to make certain technical amendments to the Agreement and to take certain decisions for its implementation,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement on mutual recognition in relation to conformity assessment between the European Community and New Zealand, including its Annexes and the Joint Declarations attached thereto, are hereby approved on behalf of the European Community.

The text of the Agreement, the Annexes and the Joint Declarations attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate the persons empowered to sign the Agreement in order to bind the Community and to transmit, on behalf of the Community, the note provided for in Article 14 of the Agreement (1).

Article 3

1. The Commission shall represent the Community and the Joint Committee provided for in Article 12 by the Commission, assisted by the special committee designated by the Council. The Commission shall proceed, after consultation with this special Committee, to the appointments, notifications, exchange of information and requests for verifications referred to in Article 8(2) and Article 12(4)(c), (d) and (e) of the Agreement.

2. The position of the Community with regard to decisions to be taken by the Joint Committee shall be determined, with regard to amendments of Sections I to IV of the Sectoral Annexes (Article 12(4)(a) and (b) and (6) of the Agreement) and verification of compliance in accordance with Article 8 and Article 12(6)(d) of the Agreement by the Commission following consultation of the special committee referred to in paragraph 1 of this Article.

3. In all other cases the position of the Community in the Joint Committee shall be determined by the Council, acting by qualified majority on a proposal from the Commission.

Article 4

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

Done at Luxembourg, 18 June 1998.

For the Council

The President

G. STRANG

(1) The date of entry into force of the Agreement will be published in the Official Journal of the European Communities.
COMMISSION DECISION of 22 July 1998 approving the monitoring plan for the detection of residues or substances in live animals and animal products presented by the Federal Republic of Germany (notified under document number C(1998) 2166/2) (Only the German text is authentic) (Text with EEA relevance) (98/493/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 96/23/EC of 29 April 1996 on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC (1), and in particular the first and second subparagraphs of Article 8(1) thereof,

Whereas the Federal Republic of Germany forwarded to the Commission, in a document dated 8 January 1998, a plan specifying the national measures to be implemented during 1998 for the detection of certain substances and residues thereof in live animals and animal products; whereas that plan was amended by a document dated 23 April 1998, in accordance with the Commission's request, bringing it into line with the requirements of Directive 96/23/EC;

Whereas examination of this plan has shown that it complies with Directive 96/23/EC, and in particular Articles 5 and 7 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 monitoring plan for the detection of the residues and substances referred to in Annex I to Directive 96/23/EC in live animals and animal products presented by the Federal Republic of Germany is hereby approved.

Article 2

The Federal Republic of Germany shall adopt the laws, regulations and administrative provisions necessary to implement the plan referred to in Article 1.

Article 3

This Decision is addressed to the Federal Republic of Germany.

Done at Brussels, 22 July 1998.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 125, 23. 5. 1996, p. 10.
COMMISSION DECISION of 22 July 1998 amending Commission Decision 98/371/EC concerning the animal health conditions and veterinary certification for imports of fresh meat from certain European countries to take into account some aspects in relation to Croatia and the Czech Republic (notified under document number C(1998) 2186) (Text with EEA relevance) (98/546/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 97/79/EC (2), and in particular Articles 14, 15 and 16,

Whereas the animal health conditions and veterinary certification for imports of fresh meat from certain European countries were established by Commission Decision 98/371/EC (3);

Whereas imports of fresh meat from Croatia were not authorised from some zones of the country;

Following a recent Community veterinary mission, it appears that the Croatian veterinary services control satisfactorily the whole country;

Whereas the presence of classical swine fever has been confirmed in domestic pig holdings in some areas of the Czech Republic in 1997;

Whereas following the measures adopted by the Czech authorities, the epidemiological situation in domestic pig holdings has improved and no new outbreaks have occurred since June 1997;

Whereas it is necessary to modify the region where the Classical Swine Fever has been detected in feral pigs, to be adapted to the present situation;

Whereas, as a result, it is appropriate to make possible the importation of fresh meat from the whole of Croatia and of fresh pig meat from the whole of the Czech Republic;

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

Decision 98/371/EC is amended as follows:

1. Annex I is replaced by Annex I of the present Decision;

2. Annex II is replaced by Annex II of the present Decision.

Article 2

Member States shall authorise, for 60 days following the date of notification of this Decision to Member States, the importation of fresh meat from Croatia produced and certified in accordance with the conditions laid down in Decision 98/371/EC prior to the entry into force of this Decision.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 22 July 1998.

For the Commission

Franz FISCHLER

Member of the Commission

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

(2) OJ L 24, 30. 1. 1998, p. 31.

(3) OJ L 170, 16. 6. 1998, p. 16.

ANNEX I

'ANNEX I

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ANNEX II

'ANNEX II

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