ddrg/super_eurlex huggingface dataset:
COUNCIL REGULATION (EC) No 2336/95 of 26 September 1995 derogating from Regulation (EEC) No 1765/92 establishing a support system for producers of certain arable crops as regards the set-aside requirement for the 1996/97 marketing year

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 42 and 43 thereof,

Having regard to the proposal from the Commission,

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

Whereas the support system for producers of certain arable crops introduced by Regulation (EEC) No 1765/92 (2), provides that, in order to qualify for compensatory payments under the general scheme, producers must set aside a predetermined percentage of their arable land; whereas this percentage should be re-examined to take account of production and market developments;

Whereas, since the introduction of the system, the cereals market has achieved a better balance as a result of a reduction in production and an increase in Community consumption; whereas this situation, together with the favourable world market situation, has resulted in a significant reduction in intervention cereal stocks;

Whereas on the basis of a forecast supply balance for 1995/96, it appears that the equilibrium sought between production and internal and external outlets may be maintained whilst increasing Community production by returning to cultivation a certain amount of land that has been set-aside; whereas, in order to achieve this objective in an efficient manner, the two rates for set-aside beginning not later than 15 January 1996 should therefore be set temporarily for the 1996/97 marketing year at a level lower than that resulting from the provisions in force,

HAS ADOPTED THIS REGULATION:

Article 1

1. Notwithstanding the second subparagraph of Article 7 (1) of Regulation (EEC) No 1765/92, the set-aside requirement based on rotation is hereby fixed for the 1996/97 marketing year at 10 %.

2. Notwithstanding the third subparagraph of Article 7 (1) of Regulation (EEC) No 1765/92, the set-aside requirement for any form of set-aside other than that based on rotation is hereby fixed for the 1996/97 marketing year at 10 %.

Article 2

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

It shall apply to set-aside for the 1996/97 marketing year only.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 26 September 1995.

For the Council

The President

L. ATIENZA SERNA

(1) Opinion delivered on 22 September 1995 (not yet published in the Official Journal).

(2) OJ No L 181, 1. 7. 1992, p. 12, as last amended by Regulation (EC) No 1460/95 (OJ No L 144, 28. 6. 1995, p. 1).
COMMISSION REGULATION (EC) No 2306/95 of 29 September 1995 amending Regulation (EC) No 1268/95 laying down certain transitional measures concerning the implementation of the Uruguay Round Agreement on Agriculture applicable to agricultural products exported in the form of goods not covered by Annex II to the Treaty and amending Regulation (EC) No 2476/94

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 3448/93 of 6 December 1993 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products (1), and in particular Articles 8 (3) and 20 thereof,

Whereas Article 3 (1) of Commission Regulation (EC) No 1268/95 (2) lays down that the certificates referred to in that paragraph shall be issued on the fifth working day following submission of the application, provided no special measures are adopted in the meantime;

Whereas for reasons of clarity it is necessary to specify what measures may be adopted during that period;

Whereas where the Commission has decided what measures if any should be adopted, it is not necessary to make the applications for certificates relating to the same basic product and the same quantity subject to a further period for consideration;

Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for horizontal questions concerning trade in processed agricultural products not listed in Annex II to the Treaty,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1268/95 is hereby amended as follows:

In Article 3 (1) the following sub-paragraphs are added:

'The measures referred to in the previous subparagraph shall be the suspension of the advance fixing of refunds, the rejection of some or all applications, the acceptance of some or all applications or the revision of rates of refund.

In the event of acceptance by the Commission of some or all of the applications, the certificates shall be issued without awaiting the expiry of the period of five working days.

In the event of a revision of the rate of refund corresponding to the basic product for which the advance fixing certificate is requested, the competent authority shall immediately inform the applicant thereof. The applicant may either:

- withdraw the application, in which case the security shall be released immediately, or

- accept the issue of the certificate at the revised rate of refund.

If the interested party does not respond, at the latest by the third working day following publication of the revised rate of refund, that party shall be deemed to have renounced advance fixing.`

Article 2

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

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 29 September 1995.

For the Commission

Martin BANGEMANN

Member of the Commission

(1) OJ No L 318, 20. 12. 1993, p. 18.

(2) OJ No L 123, 3. 6. 1995, p. 5.
COMMISSION REGULATION (EC) No 2385/95 of 11 October 1995 fixing the coefficients applicable to cereals exported in the form of Irish whiskey for the period 1995/96

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Commission Regulation (EEC) No 2825/93 of 15 October 1993 laying down certain detailed rules for the application of Council Regulation (EEC) No 1766/92 as regards the fixing and granting of adjusted refunds in respect of cereals exported in the form of certain spirit drinks (1), as amended by Regulation (EC) No 3098/94 (2), and in particular Article 5 thereof,

Whereas Article 4 (1) of Regulation (EEC) No 2825/93 provides that the quantities of cereals eligible for the refund are to be the quantities placed under control and distilled, weighted by a coefficient to be fixed annually for each Member State concerned; whereas that coefficient expresses the ratio between the total quantities exported and the total quantities marketed of the spirituous beverage concerned on the basis of the trend noted in those quantities during the number of years corresponding to the average ageing period of the spirituous beverage in question; whereas, in view of the information provided by Ireland on the period 1 January to 31 December 1994, the average ageing period in 1994 was six years for Irish whiskey; whereas the coefficients for the period 1 July 1995 to 30 June 1996 should be fixed;

Whereas Article 10 of Protocol 3 to the Agreement on the European Economic Area (3) precludes the grant of refunds for exports to Liechtenstein, Iceland and Norway; whereas, therefore, pursuant to Article 7 (2) of Regulation (EEC) No 2825/93, account should be taken of this in the calculation of the coefficient for 1995/96;

Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,

HAS ADOPTED THIS REGULATION:

Article 1

For the period 1 July 1995 to 30 June 1996, the coefficients provided for in Article 4 of Regulation (EEC) No 2825/93 applying to cereals used in Ireland for manufacturing Irish whiskey shall be as set out in the Annex.

Article 2

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

It shall apply with effect from 1 July 1995.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 11 October 1995.

For the Commission Franz FISCHLER Member of the Commission

ANNEX

>TABLE>
COMMISSION REGULATION (EC) No 2523/95 of 27 October 1995 amending Regulation (EC) No 1372/95 laying down detailed rules for implementing the system of export licences in the poultrymeat sector

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2777/75 of 29 October 1975 on the common organization of the market in poultrymeat (1), as last amended by the Act of Accession of Austria, Finland and Sweden and by Regulation (EC) No 3290/94 (2), and in particular Articles 3 (2) and 8 (12) thereof,

Whereas Commission Regulation (EC) No 1372/95 (3) has laid down detailed rules for implementing the system of export licences in the poultrymeat sector;

Whereas the specific conditions of access to export licences for certain traditional markets during a transitional period should be amended in order to facilitate access for certain products;

Whereas experience has shown that the Commission should be allowed, where particular measures have to be taken in the event of excessive applications, to adjust these measures according to the category of product and to destination;

Whereas the Management Committee for Poultrymeat and Eggs has not delivered an opinion within the time limit set by the chairman,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1372/95 is amended as follows:

1. in Article 3:

(a) the second subparagraph of paragraph 2 is replaced by the following:

'As regards exports of whole chickens falling under the codes 0207 21 10 900 and 0207 21 90 190 of the agricultural product nomenclature for export refunds to countries referred to in Annex IV, until 30 June 1996 export licences may be applied for only by natural or legal persons who are able to prove to the satisfaction of the competent authorities in the Member States that they have exported not less than 1 000 tonnes of products falling within CN codes 0207, 1602 20, 1602 31 and 1602 39 in each of the two calendar years preceding the year in which the licence application was lodged.` (b) the last subparagraph of paragraph 4 is replaced by the following:

'These measures may be adjusted according to the category of product and to destination.` 2. Annex IV of Regulation (EC) No 1372/95 is replaced by the Annex to this Regulation.

Article 2

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

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 27 October 1995.

For the Commission Franz FISCHLER Member of the Commission

ANNEX

'ANNEX IV Armenia Azerbaijan Georgia Russia Uzbekistan Tajikistan Angola Saudi Arabia Kuwait Bahrain Qatar Oman United Arab Emirates Jordan Yemen Republic Lebanon Iran`
COUNCIL REGULATION (EC) No 2663/95

of 24 July 1995

on the conclusion of the Protocol establishing, for the period 1 January 1994 to 31 December 1995, the fishing rights and financial compensation provided for in the Agreement between the European Economic Community and the Government of the Republic of Guinea on fishing off the Guinean coast

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 43, in conjunction with Article 228 (2) and (3) first subparagraph thereof,

Having regard to the proposal from the Commission,

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

Whereas pursuant to the Agreement between the European Economic Community and the Government of the Republic of Guinea on fishing off the Guinean coast (2), the two Parties conducted negotiations to determine the amendments or additions to be made to the Agreement at the end of the period of application of the Protocol annexed to the Agreement;

Whereas, as a result of these negotiations, a new Protocol establishing, for the period 1 January 1994 to 31 December 1995, the fishing rights and financial compensation provided for in the abovementioned Agreement was initialled on 24 February 1994;

Whereas it is in the Community's interest to approve the new Protocol,

HAS ADOPTED THIS REGULATION:

Article 1

The Protocol establishing, for the period 1 January 1994 to 31 December 1995, the fishing rights and financial compensation provided for in the Agreement between the European Economic Community and the Government of the Republic of Guinea on fishing off the Guinean coast is hereby approved on behalf of the Community.

The text of the Protocol is attached to this Regulation.

Article 2

The President of the Council is hereby authorized to designate the persons empowered to sign the Protocol in order to bind the Community.

Article 3

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

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 24 July 1995.

For the Council

The President

P. SOLBES MIRA

(1) OJ No C 43, 20. 2. 1995, p. 136.

(2) OJ No L 111, 27. 4. 1983, p. 1.
COMMISSION REGULATION (EC) No 2730/95 of 27 November 1995 amending Regulation (EEC) No 3389/81 laying down detailed rules for export refunds in the wine sector

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 822/87 of 16 March 1987 on the common organization of the market in wine (1), as last amended by Regulation (EC) No 1544/95 (2), and in particular Article 55 (8) thereof,

Having regard to Council Regulation (EEC) No 345/79 of 5 February 1979 laying down general rules for granting export refunds on wine and criteria for fixing the amount of such refunds (3), as last amended by Regulation (EEC) No 2009/81 (4), and in particular Article 6 (3) thereof,

Whereas Commission Regulation (EEC) No 3389/81 (5), as last amended by Regulation (EC) No 1343/94 (6), lays down certain detailed rules in relation to the granting of export refunds in the wine sector;

Whereas the application of Article 5 of Commission Regulation (EEC) No 3665/87 of 27 November 1987 laying down common detailed rules for the application of the system of export refunds on agricultural products (7), as last amended by Regulation (EC) No 1384/95 (8), has had satisfactory results as regards the proofs of release for consumption of the products into third countries;

Whereas, furthermore, experience has shown that export transactions to certain of the abovementioned countries have led to abuses; whereas the removal of certain countries in which there is a serious risk of abuse from the list of countries qualifying under the export refund scheme should normalize trade;

Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Wine,

HAS ADOPTED THIS REGULATION:

Article 1

Article 4a of Regulation (EEC) No 3389/81 is hereby deleted.

Article 2

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

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 27 November 1995.

For the Commission Franz FISCHLER Member of the Commission
COMMISSION REGULATION (EC) No 2784/95 of 1 December 1995 setting the amount of the payment on account of the cost of disposal of certain distillation products for 1996

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 822/87 of 16 March 1987 on the common organization of the market in wine (1), as last amended by Regulation (EC) No 1544/94 (2), and in particular Article 37 (2) thereof,

Whereas, as regards alcohol from distillation as referred to in Articles 35 and 36 of Regulation (EEC) No 822/87, the European Agricultural Guidance and Guarantee Fund (EAGGF) is to bear only the costs arising from its disposal; whereas the amount of the payment on account of the cost of disposal of the products must be fixed having regard to depreciation in a way similar to that by which alcohol from distillation as referred to in Article 39 of that Regulation is depreciated;

Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Wine,

HAS ADOPTED THIS REGULATION:

Article 1

The amount of the payment on account of the cost of disposal of the products of distillation pursuant to Articles 35 and 36 of Regulation (EEC) No 822/87 shall be determined by application of a coefficient to the value of purchases made by intervention agencies.

For the 1996 financial year this coefficient shall be 0,70.

Article 2

The expenditure amounts determined in this way shall be notified to the Commission under the declaration established pursuant to Commission Regulation (EEC) No 2776/88 (3).

Article 3

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

It shall be applicable from 1 October 1995.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 1 December 1995.

For the Commission Franz FISCHLER Member of the Commission
COUNCIL REGULATION (EC) No 2817/95 of 30 November 1995 fixing the guide prices for the fishery products listed in Annex II to Regulation (EEC) No 3759/92 for the 1996 fishing year

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 3759/92 of 17 December 1992 on the common organization of the market in fishery and aquaculture products (1), and in particular Article 9 (3),

Having regard to the proposal from the Commission,

Whereas Article 9 (1) of Regulation (EEC) No 3759/92 provides that a guide price shall be fixed annually for each of the products or groups of products listed in Annex II to that Regulation;

Whereas, according to the data available at present concerning prices for the products in question and the criteria laid down in Article 9 (2) of that Regulation, these prices should be increased, maintained or decreased according to the species for the 1996 fishing year,

HAS ADOPTED THIS REGULATION:

Article 1

The guide prices for the fishing year 1 January to 31 December 1996 shall be set as indicated in the Annex to this Regulation for the products listed in Annex II to Regulation (EEC) No 3759/92 and the commercial categories to which they relate.

Article 2

This Regulation shall enter into force on 1 January 1996.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 30 November 1995.

For the Council The President M. A. AMADOR MILLÁN

ANNEX

>TABLE>
COMMISSION REGULATION (EC) No 2861/95 of 11 December 1995 concerning the stopping of fishing for cod by vessels flying the flag of Belgium

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (1), and in particular Article 21 (3) thereof,

Whereas Council Regulation (EC) No 3362/94 of 20 December 1994 fixing, for certain fish stocks and groups of fish stocks, the total allowable catches for 1995 and certain conditions under which they may be fished (2), as last amended by Regulation (EC) No 2780/95 (3), provides for cod quotas for 1995;

Whereas, in order to ensure compliance with the provisions relating to the quantitative limitations on catches of stocks subject to quotas, it is necessary for the Commission to fix the date by which catches made by vessels flying the flag of a Member State are deemed to have exhausted the quota allocated;

Whereas, according to the information communicated to the Commission, catches of cod in the waters of ICES division VII a by vessels flying the flag of Belgium or registered in Belgium have reached the quota allocated for 1995; whereas Belgium has prohibited fishing for this stock as from 22 November 1995; whereas it is therefore necessary to abide by that date,

HAS ADOPTED THIS REGULATION:

Article 1

Catches of cod in the waters of ICES division VII a by vessels flying the flag of Belgium or registered in Belgium are deemed to have exhausted the quota allocated to Belgium for 1995.

Fishing for cod in the waters of ICES divisions VII a by vessels flying the flag of Belgium or registered in Belgium is prohibited, as well as the retention on board, the transhipment and the landing of such stock captured by the abovementioned vessels after the date of application of this Regulation.

Article 2

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

It shall apply with effect from 22 November 1995.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 11 December 1995.

For the Commission

Emma BONINO

Member of the Commission

(1) OJ No L 261, 20. 10. 1993, p. 1.

(2) OJ No L 363, 31. 12. 1994, p. 1.

(3) OJ No L 289, 2. 12. 1995, p. 1.