ddrg/super_eurlex huggingface dataset:
Proposal for a Council Regulation (EC) amending Regulation (EEC) No 1442/88 on the granting, for the 1988/89 to 1997/98 wine years, of permanent abandonment premiums in respect of wine-growing areas (97/C 95/03) COM(96) 706 final - 97/0009(CNS)

(Submitted by the Commission on 9 January 1997)

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Having regard to the opinion of the Economic and Social Committee,

Whereas the experience gained in applying Council Regulation (EEC) No 1442/88 of 24 May 1988 on the granting, for the 1988/89 to 1995/1996, wine years, of permanent abandonment premiums in respect of wine-growing areas (1), as last amended by Regulation (EC) No 1595/96 (2), shows that the flat-rate premium laid down for the Charentes region does not result in the abandonment of the surface areas with the highest yields; whereas the abandonment of such areas would achieve more easily the market balance sought; whereas, therefore, there is no further need to maintain this flat-rate scheme;

Whereas, in accordance with the second and third subparagraphs of Article 1 (1) of that Regulation, Member States must designate the regions in which producers are eligible for a permanent abandonment premium in respect of wine-growing areas, and must do so prior to the application of that measure; whereas designation has caused a delay which may make the measure inapplicable to the 1996/97 wine year; whereas, therefore, the time limit fixed for eligible producers to present applications for the grant of the premium to the authorities designated by Member States should be extended,

HAS ADOPTED THIS REGULATION:

Article 1

1. Article 2 (1) (d) of Regulation (EEC) No 1442/88 is hereby deleted.

2. The following subparagraph is added after the first subparagraph of Article 4 (1) of Regulation (EEC) No 1442/88:

'However, for the 1996/97 wine year, the time limit of 31 December 1996 fixed for eligible producers to present applications for the grant of the premium to the authorities designated by Member States shall be postponed until 31 January 1997.`

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 from 1 January 1997.

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

(1) OJ No L 132, 28. 5. 1988, p. 3.

(2) OJ No L 206, 16. 8. 1996, p. 36.
Proposal for a COUNCIL REGULATION (EC) No . . .

of . . .

amending Regulation (EEC) No 822/87 on the common organization of the market in wine (97/C 101/12)

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Having regard to the opinion of the Economic and Social Committee,

Whereas, to take account of the special conditions in which table wines are produced in Spain, temporary derogations concerning blending and the total acidity of certain table wines produced in that Member State should be laid down; whereas the derogation concerning total acidity should also be extended to table wines produced in Portugal;

Whereas, pending Council decisions on the reform of the sector and in order to avoid a legal vacuum, the provisions of Article 39 should be extended for another marketing year;

Whereas Article 46 (4) of Council Regulation (EEC) No 822/87 (1), as last amended by Regulation (EC) No 1592/96 (2), provides that campaigns to promote the consumption of grape juice may only be conducted until the 1996/97 wine year; whereas they should be continued for one year so that their effectiveness may be assessed;

Whereas Article 65 (5) of Regulation (EEC) No 822/87 provides that, during the 1996/97 wine year, the Commission is to submit to the Council a report on maximum sulphur dioxide levels in wine and any proposals arising therefrom; whereas the significance for the sector of the sulphur dioxide problem calls for proposals taking in particular account of the work of the International Vine and Wine Office (IWO); whereas that time limit must therefore be deferred by one wine year,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 822/87 is hereby amended as follows:

1. In the third subparagraph of Article 16 (5), 'between 1 January 1996 and 31 August 1997` is replaced by 'between 1 September 1997 and 31 August 1998`.

2. In Article 39:

(a) in the third subparagraph of paragraph 3, 'until the end of the 1996/97 wine year` is replaced by 'until the end of the 1997/98 wine year`;

(b) in the fourth subparagraph of paragraph 3, 'from the 1997/98 wine year onwards` is replaced by 'from the 1998/99 wine year onwards`;

(c) in the first and second subparagraphs of paragraph 10, '1996/97` is replaced by '1997/98`;

(d) in paragraph 11, '1996/97` is replaced by '1997/98`.

3. In Article 46 (4), '1996/97` is replaced by '1997/98`.

4. In Article 65 (5), '1 April 1997` is replaced by '1 April 1998` and '1 September 1997` is replaced by '1 September 1998`.

5. In Annex I, point 13, '1996/97` is replaced by '1997/98`.

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 . . .

For the Council

. . .

(1) OJ No L 84, 27. 3. 1987, p. 1.

(2) OJ No L 206, 16. 8. 1996, p. 31.
COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 06.05.1997 
COM(97) 207 final 
96/0296 (ACC ) 
Amended proposal for a 
COUNCIL DECISION 
on the conclusion of the Agreement on customs cooperation 
and mutual assistance in customs matters 
between the European Community 
and the United States of America 
(presented by the Commission pursuant to Article 189 a (2) 
of the EC-Treaty) 

Explanatory memorandum 
On 3 December 1996, the Commission presented to the Council a proposal for the 
conclusion of the agreement on customs cooperation and mutual assistance in customs 
matters between the European Community and the United States of America [Com(96) 
624 final - 96/0296 (ACC)]. 
However, a last minute problem occurred with Article 17 (5) of the draft agreement 
attached to the proposal. It is therefore necessary to amend the said article accordingly. 
The new Article 17 (5) of the draft agreement is attached. All other parts of the proposal 
of 3 December 1996 remain unchanged. 
In order to enable the Agreement on customs cooperation and mutual assistance in 
customs matters to be signed at the EU/US Summit on 28 May 1997, the Commission 
proposes that the Council approve the amended proposal for a decision on the signing and 
conclusion of the Agreement. 
z. 
New Article 17 (5) 
The receiving Contracting Party may disclose, to a defendant in a criminal prosecution, 
information material to that defendant's innocence or the credibility of witnesses testifying 
against that defendant in the prosecution to the extent that the law applicable in such a 
case in the receiving Contracting Party so requires. The receiving Contracting Party shall 
notify the providing Contracting Party in advance of such proposed disclosure and 
provide an explanation regarding the legal requirements for disclosure. 
The receiving Contracting Party shall consider specific concerns related to disclosure of 
the information such as the safety and privacy of persons named or identified by the 
information. In any case, the receiving Contracting Party shall ensure that the items of 
information which are to be disclosed shall be limited to what is strictly necessary for the 
specific purpose of the disclosure concerned, and that personal data can only be used, 
treated or stored for the purpose of that criminal prosecution. 
3 

ISSN 0254-1475 
COM(97) 207 final 
DOCUMENTS 
EN 02 11 09 
Catalogue number : CB-CO-97-187-EN-C 
ISBN 92-78-19410-7 
Office for Official Publications of the European Communities 
L-2985 Luxembourg 
7
Proposal for a European Parliament and Council Decision amending Decision 92/481/EEC of 22 September 1992 on the adoption of an action plan for the exchange between Member States administrations of national officials who are engaged in the implementation of Community legislation required to achieve the internal market (Karolus programme) (97/C 274/11) COM(97) 393 final - 97/0214(COD)

(Submitted by the Commission on 24 July 1997)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 100a thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the Economic and Social Committee,

Having regard to the opinion of the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 189b of the Treaty,

Whereas the Karolus programme, introduced by Council Decision 92/481/EEC of 22 September 1992, expires on 31 December 1997;

Whereas the usefulness of the programme has been proven in terms of strengthening cooperation between the Member States by exchanging experience gained in the implementation of Community legislation required to complete the internal market;

Whereas the programme should be extended for two years pending the proposal for a new programme following in-depth consultations;

Whereas the programme should be opened up to participation by the Central and Easter European countries (CEECs), in accordance with the terms laid down in the Europe Agreements or in the additional Protocols annexed to them regarding participation in Community programmes;

Whereas the programme should be opened up to participation by the EFTA countries which are members of the EEA and by Cyprus, the latter on the basis of additional funds, subject to the same rules as those applying to those countries, in accordance with procedures to be agreed with Cyprus, the arrangements for this participation to be agreed between the parties concerned at the appropriate time;

Whereas extension is possible without exceeding the financial resources originally estimated as necessary in Article 11 of Decision 92/481/EEC,

HAVE ADOPTED THIS DECISION:

Article 1

Decision 92/481/EEC is hereby amended as follows:

1. Paragraph 1 of Article 11 is replaced by:

'1. The programme shall last seven years and its execution shall start with the 1993 budget year`.

2. Article 11a is hereby inserted:

'Article 11a

The programme shall be open to participation by the Central and Eastern European countries (CEECs), in accordance with the terms laid down in the Europe Agreements or in the additional Protocols annexed to them regarding participation in Community programmes.

The programme shall be open to participation by the EFTA countries that are EEA members and by Cyprus, the latter on the basis of additional funds, subject to the same rules as those applying to those countries, in accordance with procedures to be agreed with Cyprus.

The arrangements for this participation shall be agreed between the parties concerned at the appropriate time`.

Article 2

This Decision is addressed to the Member States.
Proposal for a Council Regulation (EC) amending Council Regulation (EC) 3094/95 thereby further prolonging the relevant provisions of the Seventh Council Directive on aid to Shipbuilding (98/C 114/07) (Text with EEA relevance) COM(97) 469 final - 97/0248(CNS)

(Submitted by the Commission on 2 October 1997)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 92(3)(e), 94 and 113 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Having regard to the opinion of the Economic and Social Committee,

Whereas, an agreement respecting normal competitive conditions in the commercial shipbuilding and repair industry concluded between the European Community and certain third countries within the framework of the Organisation for Economic Cooperation and Development (OECD) (1), has still not yet entered into force,

Whereas, therefore Council Regulation 3094/95 of 22 December 1995 (2) on aid to shipbuilding has not yet entered into force,

Whereas, in accordance with Article 10 of Regulation 3094/95, as amended by Regulation 1904/96 (3) the relevant rules of Council Directive 90/684/EEC on aid to shipbuilding (4) continue to apply ad interim, pending the entry into force of the OECD agreement and until 31 December 1997 at the latest,

Whereas given the continuing uncertainties over entry into force of the OECD agreement, which may be further delayed beyond 31 December 1997, the Council needs to take appropriate steps pending decisions on a possible new aid arrangement,

Whereas Regulation 3094/95 should therefore be modified,

HAS ADOPTED THIS REGULATION:

Article 1

The third paragraph of Article 10 of Regulation 3094/95 shall be replaced by the following:

'Pending the entry into force of the said Agreement, the relevant provisions of Directive 90/684/EEC shall apply until the Agreement enters into force and until 31 December 1998 at the latest.`

Article 2

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

(1) OJ C 375, 30.12.1994, p. 3.

(2) OJ L 332, 30.12.1995, p. 1.

(3) OJ L 251, 3.10.1996, p. 5.

(4) OJ L 380, 31.12.1990, p. 27.
Proposal for Council Regulation (EC) amending Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (97/C 335/11) (Text with EEA relevance) COM(97) 489 final - 97/0253(CNS)

(Submitted by the Commission on 7 October 1997)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 235 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Whereas, on 20 December 1993, the Council adopted Regulation (EC) No 40/94 (1) on the Community trade mark;

Whereas the Office for Harmonization in the Internal Market ('the Office`) established by the aforesaid Regulation may not be regarded as a profit-making organization;

Whereas, since the Office is a body governed by Community law, provision should be made for any resources remaining after the constitution, where appropriate, of a reserve to cover future expenditure and after any revision of the fees charged by the Office to be paid into the general budget of the European Communities;

Whereas the entering of amounts in the said reserve should be made subject to the agreement of the Commission, and whereas the Commission should inform the Council and Parliament of its decisions in this respect;

Whereas the financial provisions governing the decentralized agencies established by the Community should be harmonized, particularly in the matter of the controls to which the Office is subject;

Whereas the Commission's Financial Controller is the person best placed to perform the tasks of Financial Controller of the Office;

Whereas is it desirable to involve the European Parliament in the discharge procedure,

HAD ADOPTED THIS REGULATION:

Article 1

1. The following paragraph is added to Article 134 of Regulation (EC) No 40/94:

'4. Any revenue surplus to expenditure during a particular financial year shall, after account has been taken of the decrease in the Community subsidy, be entered in the general budget of the European Communities as miscellaneous revenue. However, the Budget Committee may authorize the establishment of a reserve to cover future expenditure. Amounts may be entered in the said reserve only with the agreement of the Commission, after Parliament has been consulted.`

2. Article 136 is replaced by the following:

'Control of commitment and payment of all expenditure and control of the existence and recovery of all revenue of the Office shall be carried out by the Commission's financial Controller.`

3. Article 137 (2) is replaced by the following:

'2. The Budget Committee shall, on the recommendation of the European Parliament, give a discharge to the President of the Office in respect of the implementation of the budget.`

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.

(1) OJ L 11, 14. 1. 1994, p. 1.
Proposal for a Council Regulation (EC) extending the period provided for in Article 149 (1) of the Act of Accession of Austria, Finland and Sweden (97/C 352/06) COM(97) 536 final - 97/0271(CNS)

(Submitted by the Commission on 27 October 1997)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Act of Accession of Austria, Finland and Sweden, and in particular Article 149 (2) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Whereas Article 149 (1) of the Act of Accession provides for a period during which transitional measures may be adopted to facilitate the transition from the regimes existing in Austria, Finland and Sweden at the time of Accession to those resulting from the application of the common organization of the markets under the conditions set out in the Act and, in particular, to overcome the serious difficulties in applying the new regimes from the date laid down; whereas that period expires on 31 December 1997;

Whereas, in certain sectors, these difficulties cannot be resolved by the date laid down and the period in question should therefore be extended, as provided for in the Act; whereas the said period should be extended by one year,

HAS ADOPTED THIS REGULATION:

Article 1

The period referred to in Article 149 (1) of the Act of Accession of Austria, Finland and Sweden is hereby extended until 31 December 1998.

Article 2

This Regulation shall enter into force on 1 January 1998.

This Regulation shall be binding in its entirety and directly applicable in all Member States.
Proposal for a COUNCIL REGULATION (EC) No . . .

of . . .

fixing the basic price and defining the standard quality for pig carcases for the period 1 July 1998 to 30 June 1999 (98/C 87/18)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2759/75 of 29 October 1975 on the common organisation of the market in pigmeat (1), as last amended by Regulation (EC) No 3290/94 (2), and in particular Article 4 (4) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Having regard to the opinion of the Economic and Social Committee,

Whereas, when the basic price for pig carcases is fixed, account should be taken of the objectives of the common agricultural policy; whereas the objectives of the common agricultural policy are, in particular, to guarantee a fair standard of living for the farming community and to ensure that supplies are available and that they reach consumers at reasonable prices;

Whereas the basic price must be fixed in accordance with the criteria laid down in Article 4 (1) of Regulation (EEC) No 2759/75 for a standard quality defined by reference to Council Regulation (EEC) No 3220/84 of 13 November 1984 determining the Community scale for grading pig carcases (3), as last amended by Regulation (EC) No 3513/93 (4),

HAS ADOPTED THIS REGULATION:

Article 1

For the period 1 July 1998 to 30 June 1999 the basic price for pig carcases of the standard quality shall be ECU 1 509,39/t.

Article 2

The standard quality shall be defined in terms of carcase weight and lean meat content, determined as laid down in Article 2 (2) and (3) of Regulation (EEC) No 3220/84, as follows:

(a) carcases weighing not less than 60 but less than 120 kg: grade 'E`;

(b) carcases weighing from 120 to 180kg: grade 'R`.

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 apply from 1 July 1998.

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

Done at . . .

For the Council

. . .

(1) OJ L 282, 1.11.1975, p. 1.

(2) OJ L 349, 31.12.1994, p. 105.

(3) OJ L 301, 20.11.1984, p. 1.

(4) OJ L 320, 22.12.1993, p. 5.
Proposal for COUNCIL REGULATION (EC) No . . .

of . . .

amending Regulation (EEC) No 805/68 on the common organisation of the market in beef and veal (98/C 87/16)

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Parliament,

Whereas by Regulation (EC) No 2222/96 (1) the Council adjusted for the years 1997 and 1998 the regional ceilings on the number of male bovine animals eligible for the special premium laid down in Article 4b(3) of Council Regulation (EC) No 805/68 (2), as last amended by Regulation (EC) No 2634/97 (3), whereas long-term measures are being drawn up; whereas these adjusted regional ceilings should be retained for a further year;

Whereas Regulation (EC) No 2222/96 authorises the Commission to take the necessary action on suckler cow premium rights unused in 1997 and 1998 and returned to the national reserve; whereas for the same reason as above this authorisation should be extended for a year;

Whereas scrutiny by Member State of the number of special premium applications, the regional ceilings and the number of animals slaughtered shows that in Spain and Portugal premium applications are significantly higher than the regional ceilings and the ratio of regional ceiling to number of animals slaughtered is less than the Community average; whereas the choice of reference years for the regional ceiling for Portugal was limited owing to the late application of the premium arrangements; whereas the regional ceilings for these two Member States should therefore, with effect from 1 January 1997, be increased to bring them closer to actual production level,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 805/68 is amended as follows:

1. In Article 4b(3)(b):

a) 'for 1997 and 1998` is replaced by 'for 1997, 1998 and 1999`;

b) the figures '603 674` and '154 897` for Spain and Portugal respectively are replaced by '649 896` and '166 483`.

2. In Article 4f(4) the second indent is replaced by:

'- measures relating to individual rights not used in 1997, 1998 and 1999 which have been returned to the national reserve`.

Article 2

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

However, Article 1(1)(b) shall apply from 1 January 1997.

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

Done at . . .

For the Council

. . .

(1) OJ L 296, 21.11.1996, p. 50.

(2) OJ L 148, 28.6.1968, p. 24.

(3) OJ L 356, 31.12.1997, p. 13.