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EN Official Journal of the European Communities L 95/45

DECISION OF THE COUNCIL AND THE COMMISSION

of 10 April 1995

concerning the conclusion of the Agreement between the European Communities and the Government of the United States of America regarding the application of their competition laws

(95/145/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 Articles 87 and 235, 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 Article 235 of the Treaty establishing the European Community must be invoked owing to the inclusion in the text of the Agreement of mergers and acquisitions which are covered by Council Regulation (EEC) No 4064/89 of 21 December 1989 on the control of concentrations between undertakings (2), which is essentially based on Article 235;

Whereas, given the increasingly pronounced international dimension to competition problems, international cooperation in this field should be strengthened;

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

Whereas the Agreement, including the exchange of interpretative letters, should be approved,

HAVE DECIDED AS FOLLOWS:

Article 1

The Agreement between the European Communities and the Government of the United States of America regarding the application of their competition laws, including the exchange of interpretative letters, is hereby approved on behalf of the European Community and the European Coal and Steel Community.

The texts of the Agreement and of the exchange of interpretative letters, drawn up in the English language, are attached to this Decision.

Article 2

The Agreement shall apply with effect from 23 September 1991.

Article 3

The President of the Council is hereby authorized to designate the person(s) empowered to notify the Government of the United States of America of approval of the Agreement, on behalf of the European Community, and to sign the exchange of interpretative letters.

The Commission shall designate the person(s) empowered to notify the Government of the United States of America of approval of the Agreement, on behalf of the European Coal and Steel Community, and to sign the exchange of interpretative letters. Done at Luxembourg, 10 April 1995. For the Council The President J. PUECH For the Commission The President J. SANTER

(1) Opinion delivered on 20 January 1995 (OJ No C 43, 20. 2. 1995) and 17 March 1995 (OJ No C 89, 10. 4. 1995).

(2) OJ No L 395, 30. 12. 1989, p. 1 (corrected version: OJ No L 257, 21. 9. 1990, p. 13).
COMMISSION DECISION of 20 April 1995 relating to the updating of the list of entities covered by Council Directive 90/547/EEC on the transit of electricity through transmission grids (95/162/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 90/547/EEC of 29 October 1990 on the transit of electricity through transmission grids (1), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 2 (2) thereof,

After consultation with the Member State concerned,

Whereas the high-voltage electricity transmission grids in the Member States and the entities responsible for them are shown in the Annex to Directive 90/547/EEC;

Whereas the entities having a high-voltage grid should be included in the list; whereas that list should therefore be amended accordingly, by adding Edison Termoelecttrica and Edison, Italy,

HAS ADOPTED THIS DECISION:

Article 1

The Annex to Directive 90/547/EEC is replaced by the text shown in the Annex to this Decision.

Article 2

Italy shall bring into force the requisite laws, regualtions and administrative provisions by 30 June 1995. It shall forthwith inform the Commission thereof.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 20 April 1995.

For the Commission Christos PAPOUTSIS Member of the Commission

ANNEX

'ANNEX List of entities and grids covered by this Directive >TABLE>
COMMISSION DECISION of 10 April 1995 approving the plan for the approval of establishments for the purposes of intra-Community trade in poultry and hatching eggs submitted by Sweden (Only the Swedish text is authentic) (Text with EEA relevance) (95/141/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 90/539/EEC of 15 October 1990, on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs (1), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 3 (2) thereof,

Whereas by letter dated 23 February 1995 Sweden transmitted a plan to the Commission;

Whereas the plan has been examined and found to meet the requirements of Directive 90/539/EEC, and in particular Annex II 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 submitted by Sweden for the approval of establishments for the purposes of intra-Community trade in poultry and hatching eggs is hereby approved.

Article 2

Sweden shall bring into force by 1 April 1995 the laws, regulations and administrative provisions for implementation of the plan referred to in Article 1.

Article 3

This Decision is addressed to the Kingdom of Sweden.

Done at Brussels, 10 April 1995.

For the Commission Franz FISCHLER Member of the Commission
COMMISSION DECISION of 20 June 1995 amending Decisions 94/187/EC, 94/309/EC, 94/344/EC and 94/446/EC laying down the animal health requirements and certification for the import of certain products covered by Council Directive 92/118/EEC (Text with EEA relevance) (95/230/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 92/118/EEC of 17 December 1992 laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A (I) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC (1), as amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 10 (2) (c) thereof,

Whereas Commission Decisions 94/187/EC (2), 94/309/EC (3), 94/344/EC (4) and 94/446/EC (5) respectively lay down the animal health conditions and the veterinary certification for imports from third countries of animal casings, certain petfoods and certain untanned edible products for pets, containing low risk materials, processed animal protein including products containing this protein intended for animal consumption, and bones and bone products, horns and horn products and hooves and hoof products for further processing not intended for human or animal consumption;

Whereas Commission Decision 95/88/EC (6) amended the abovementioned Decisions, providing for their application from 1 July 1995; whereas it appears that third countries will not be able to fulfil the new import conditions by that date; whereas in order to avoid disruptions in trade, it is necessary to postpone the date of application of those Decisions to 2 February 1996;

Whereas Decisions 94/187/EC, 94/309/EC, 94/344/EC and 94/446/EC 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

In Article 2 of Decision 94/187/EC, '1 July 1995` is replaced by '2 February 1996`.

Article 2

In Article 2 of Decision 94/309/EC, '1 July 1995` is replaced by '2 February 1996`.

Article 3

In Article 2 of Decision 94/344/EC, '1 July 1995` is replaced by '2 February 1996`.

Article 4

In Article 4 of Decision 94/446/EC, '1 July 1995` is replaced by '2 February 1996`.

Article 5

This Decision is addressed to the Member States.

Done at Brussels, 20 June 1995.

For the Commission Franz FISCHLER Member of the Commission
COMMISSION DECISION of 28 June 1995 adjusting the weightings applicable from 1 May 1993 to the remuneration of officials of the European Communities serving in countries outside the European Union (95/264/EC, Euratom, ECSC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing a Single Council and a Single Commission of the European Communities,

Having regard to the Staff Regulations of the Officials of the European Communities laid down by Regulation (EEC, Euratom, ECSC) No 259/68 (1), as last amended by Regulation (EC, Euratom, ECSC) No 3161/94 (2), and in particular the second paragraph of Article 13 of Annex X thereto,

Whereas pursuant to the first paragraph of Article 13 of Annex X to the Staff Regulations Council Regulation (Euratom, ECSC, EC) No 2403/94 (3) laid down the weightings to be applied from 1 January 1993 to the remuneration of officials serving in countries outside the Community payable in the currency of their country of employment;

Whereas the Commission has made a number of adjustments to these weightings in recent months, pursuant to the second paragraph of Article 13 of Annex X to the Staff Regulations (4);

Whereas, some of these weightings should be adjusted with effect from 1 May 1993 given that the statistics available to the Commission show that in certain countries outside the Community the variation in the cost of living measured on the basis of the weighting and the corresponding exchange rate has exceeded 5 % since weightings were last laid down,

DECIDES:

Sole Article

With effect from 1 May 1993 the weightings applicable to the remuneration of officials serving in countries outside the Community payable in the currency of their country of employment are adjusted as shown in the Annex.

The exchange rates for the payment of such remuneration shall be those used for implementation of the budget of the European Communities during the month preceding the date on which this Decision takes effect, namely April 1993.

Done at Brussels, 28 June 1995.

For the Commission

Hans VAN DEN BROEK

Member of the Commission

(1) OJ No L 56, 4. 3. 1968, p. 1.

(2) OJ No L 335, 23. 12. 1994, p. 1.

(3) OJ No L 257, 5. 10. 1994, p. 1.

(4) OJ No L 228, 9. 9. 1993, pp. 39 to 48.

ANNEX

>TABLE>
COMMISSION DECISION of 19 July 1995 on additional financial aid from the Community for the work of the Istituto Superiore di Sanità, Rome, Italy, a Community reference laboratory for residue testing (95/305/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 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 Article 28 thereof,

Whereas under Article 1 (b) of Council Decision 91/664/EEC of 11 December 1991 designating the Community reference laboratories for testing certain substances for residues (3) the Istituto Superiore di Sanità, Rome, Italy has been designated as the reference laboratory for the residues referred to in Annex I, groups B.II. (a) and B.II.(b), to Council Directive 86/469/EEC (4);

Whereas all the tasks to be performed by the reference laboratory are defined in Article 1 of Council Decision 89/187/EEC of 6 March 1989 determining the powers and conditions of operation of the Community reference laboratories provided for by Directive 86/469/EEC concerning the examination of animals and fresh meat for the presence of residues (5);

Whereas in accordance with Commission Decision 93/458/EEC (6) a contract has been concluded between the European Community and the Istituto Superiore di Sanità; whereas by Commission Decision 94/492/EC (7) the Community granted additional financial aid for one year; whereas the original contract should again be extended and additional financial aid granted to enable the reference laboratory to continue to perform the functions and tasks referred to in Decision 89/187/EEC;

Whereas the Community financial aid is provided for an additional one-year period; whereas this will be reviewed, with a view to an extension, before the end of that period;

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 Community shall make a second grant of additional financial aid amounting to not more than ECU 400 000 to the Istituto Superiore di Sanità, a reference laboratory designated in Article 1 of Decision 91/664/EEC.

Article 2

1. For the purposes of Article 1, the contract referred to in Decision 93/458/EEC is hereby extended for a second period of one year.

2. The Director-General for Agriculture is hereby authorized to sign the amendment to the contract in the name of the Commission of the European Communities.

3. The financial aid provided for in Article 1 shall be paid to the reference laboratory in accordance with the procedure set out in the contract referred to in Decision 93/458/EEC.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 19 July 1995.

For the Commission Franz FISCHLER Member of the Commission
COMMISSION DECISION of 25 July 1995 establishing the list of approved fish farms in Denmark and repealing Decision 94/864/EC (Text with EEA relevance) (95/336/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 91/67/EEC of 28 January 1991 concerning the animal health conditions governing the placing on the market of aquaculture animals and products (1), as last amended by Directive 93/54/EEC (2), and in particular Article 6 thereof,

Whereas the Member States may obtain the status of approved farm free of certain fish diseases for fish farms situated in non-approved zones;

Whereas Denmark, by letter of 27 April 1995, submitted to the Commission the justifications for obtaining the status of approved farm in respect of infectious haematopoietic necrosis (IHN) and viral haemorrhagic septicaemia (VHS) for certain fish farms situated in Jutland, as well as the national rules ensuring compliance with the requirements for maintenance of the approved status;

Whereas the Commission and the Member States examined the justifications notified by Denmark for each farm at meetings held on 23 May 1995 and 21 June 1995;

Whereas as a result of these examinations additional information was requested, in particular on the geographical and hydrographical situation of these farms;

Whereas the result of this examination is that the farms meet all the requirements of Article 6 of Directive 91/67/EEC;

Whereas the list of farms approved free of IHN and VHS should therefore be established;

Whereas it must be taken into account that Denmark is already an approved zone with regard to IHN;

Whereas the programme for obtaining the status of approved farm, submitted to the Commission by the Danish authorities and approved by Commission Decision 94/864/EC (3), can be repealed;

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 farms listed in the Annex are recognized as approved farms with regard to IHN and VHS, situated in a zone not approved with respect to VHS.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 25 July 1995.

For the Commission Franz FISCHLER Member of the Commission

ANNEX

Fish farms in Denmark approved with regard to IHN and VHS

1. Vaerum Molle Dambrug DK-8900 Randers 2. Trehoeje Klaekkeri DK-8766 Nr. Snede 3. Hallesoehus Dambrug DK-8766 Nr. Snede 4. Loevet Dambrug DK-8654 Bryrup 5. Hallesoe Dambrug DK-8766 Nr. Snede 6. Sillerupvaeld Dambrug DK-7470 Karup 7. Skade Dambrug DK-8765 Klovborg 8. Vork Dambrug DK-6040 Egtved 9. Egebaek Dambrug DK-6880 Tarm
COMMISSION DECISION of 6 October 1995 adopting the forecast supply balance for banana production, consumption, imports and exports for the Community for 1995 (95/407/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 404/93 of 13 February 1993 on the common organization of the market in bananas (1), as last amended by Commission Regulation (EC) No 3290/94 (2) and in particular Article 20 thereof,

Whereas Article 16 of Regulation (EEC) No 404/93 provides for a forecast supply balance to be drawn up each year on the basis of a number of market parameters; whereas the main purpose of the supply balance is to establish the outlook for Community production and consumption and the forecast for imports of traditional ACP bananas, and hence the supply requirements for the Community market and the requisite tariff quota;

Wheras the supply balance should in accordance with Article 16 (3) of Regulation (EEC) No 404/93, take account of the impact of tropical storm Debbie, which seriously affected production in Martinique, Guadeloupe and certain ACP States up to July 1995, and the effects of storms Iris, Luis and Marilyn which struck the region during August and September 1995;

Whereas the supply balance also includes an additional quantity of 353 000 tonnes fixed as part of the transitional measures for the supply of bananas to the Austrian, Finnish and Swedish markets as a result of the accession of those three countries;

Whereas the Management Committee for bananas has not delivered an opinion within the time limit set by its chairman,

HAS ADOPTED THIS DECISION:

Article 1

The forecast supply balance for banana production, consumption, imports and exports for the Community for 1995 shall be as shown in the Annex hereto.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 6 October 1995.

For the Commission Franz FISCHLER Member of the Commission

ANNEX

>TABLE>
COMMISSION DECISION of 25 October 1995 establishing the list of approved fish farms in Belgium (Text with EEA relevance) (95/470/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 91/67/EEC of 28 January 1991 concerning the animal health conditions governing the placing on the market of aquaculture animals and products (1), as last amended by Directive 95/22/EC (2), and particular Article 6 thereof,

Whereas the Member States may obtain the status of approved farm free of certain fish diseases for fish farms situated in non-approved zones;

Whereas Belgium, by letter of 7 March 1995, submitted to the Commission justification for granting a fish farm the status of approved farm situated in a non-approved zone in respect of infectious haematopoietic necrosis (IHN) and viral haemorrhagic septicaemia (VHS) together with the national rules ensuring compliance with the rules on maintenance of approval;

Whereas the Commission and the Member States examined the information submitted by Belgium for the farm in question;

Whereas that examination showed that the farm meets all the requirements of Article 6 of Directive 91/67/EEC;

Whereas the farm in question is eligible for the status of approved farm situated in a non-approved zone;

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 fish farm referred to in the Annex is hereby recognized as an approved farm situated in a non-approved zone with respect to IHN and VHS.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 25 October 1995.

For the Commission Franz FISCHLER Member of the Commission

ANNEX

APPROVED FARMS IN BELGIUM

La Fontaine aux truites B-6769 Gérouville
COUNCIL DECISION of 27 November 1995 concerning the conclusion of an Agreement between the European Community and Canada establishing a cooperation programme in higher education and training (95/523/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 126 and 127 in conjunction with Article 228 (2) first sentence and (3) first subparagraph thereof,

Having regard to the proposal from the Commission,

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

Whereas by its Decision of 21 November 1994 the Council authorized the Commission to negotiate agreements for cooperation in higher education and vocational training between the European Community, Canada and the United States of America;

Whereas the Community and Canada expect to obtain mutual benefit from such operation, which must, on the Community's side, be complementary to bilateral programmes between the Member States and Canada and provide a European added value;

Whereas the Agreement between the European Community and Canada establishing a cooperation programme in higher education and training should be approved,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement between the European Community and Canada establishing a cooperation programme in higher education and training is hereby approved on behalf of the Community.

The text of the Agreement is attached to this Decision.

Article 2

The financial reference amount to fulfil the Community's financial obligations mentioned in Article 7 of the Agreement shall be ECU 3,24 million for the five-year period provided for in Article 11 (2) thereof.

The annual appropriations shall be authorized by the budget authority within the limit of the financial perspective.

Article 3

The delegation of the European Community to the Joint Committee referred to in Article 5 of the Agreement shall consist of a representative from the Commission assisted by a representative from each Member State.

Article 4

The President of the Council is hereby authorized to designate the person or persons empowered to sign the Agreement on behalf of the Council of the European Union and to carry out the notifications provided for in Article 11 of the Agreement.

Done at Brussels, 27 November 1995.

For the Council

The President

J. BORRELL FONTELLES

(1) OJ No C 287, 30. 10. 1995.