ddrg/super_eurlex huggingface dataset:
No C 80/8 Official Journal of the European Communities 31. 3. 89 
II 
(Preparatory Acts) 
COMMISSION 
Amendment to the proposal for a Council Regulation (ECSC, EEC, Euratom) implementing 
the Decision of 24 June 1988 on the system of the Communities' own resources (') 
COM(89) 62 final 
(Submitted by the Commission in accordance with Article 149 (3) of the EEC Treaty and the 
second subparagraph of Article 119 of the Euratom Treaty on 8 March 1989) 
(89/C 80/15) 
1. Article 4 (1) (b) is amended to read as follows: 
'(b) of its laws, regulations, administrative provisions and accounting procedures for estab­
lishing and collecting own resources and making them available to the Commission.' 
2. Article 6 (1) is amended to read as follows: 
'1. Accounts for own resources shall be kept by the Treasury of each Member State or by 
the body appointed by each Member State. These accounts shall be broken down by type of 
resource in accordance with the combined nomenclature of the European Communities 
provided for by Council Regulation (EEC) No 2658/87 (2).' 
3. The following is added to the final subparagraph of Article 6 (3): 
'and shall indicate any shortcomings in the monitoring arrangements and the measures taken 
to avoid any repetition of such cases of fraud and irregularities.' 
4. Article 17 (2) is amended to read as follows: 
'2. Member States shall be freed from the obligation to place at the disposal of the 
Commission the amounts corresponding to established entitlements solely if, for reasons of 
force majeure, these amounts have not been collected. 
Moreover, in exceptional cases, the Commission may authorize Member States not to make 
these amounts available to it if, after a detailed examination of the relevant details of the 
case, it is found that recovery is definitively impossible, for reasons beyond their control. 
Cases involving amounts of over ECU 10 000 must be mentioned in the report referred to in 
paragraph 3.' 
5. Article 18 (5) is amended to read as follows: 
'5. The Commission shall report to Parliament and to the Council every three years on 
the progress made in adapting national laws and regulations and on the functioning of the 
inspection arrangements.' 
(') OJ No C 255, 1. 10. 1988, p. 5. 
(2) OJ No L 256, 7. 9. 1987, p. 1.
3. 4. 89 Official Journal of the European Communities No C 82/35 
This Regulation shall be binding in its entirety and directly applicable in all Member States. 
Done at... 
For the Council 
Proposal for a 
COUNCIL REGULATION (EEC) No ... 
of... 
amending Regulation (EEC) No 1417/78 on the aid system for dried fodder 
(89/C 82/28) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, 
Having regard to Council Regulation (EEC) No 1117/78 of 
22 May 1978 on the common organization of the market in 
dried fodder (*), as last amended by Regulation (EEC) No 
3996/87 (2), and in particular Article 6(2) thereof, 
Having regard to the proposal from the Commission, 
Whereas Council Regulation (EEC) No 1417/78 (3), as last 
amended by Regulation (EEC) No 2256/88 (4), stipulates a 
minimum protein content requirement for the granting of 
aid for dried fodder; whereas to encourage improvement in 
(!) OJ No L 142, 30. 5. 1978, p. 2. 
(2) OJ No L 377, 31. 12. 1987, p. 35. 
(3) OJ No L 171, 28. 6. 1978, p. 1. 
(4) OJ No L 199, 19. 7. 1988, p. 3. the quality of the products in question this minimum 
protein content, specified in Article 5 of Regulation (EEC) 
No 1417/78, should be increased, 
HAS ADOPTED THIS REGULATION: 
Article 1 
In the first indent in point (b) in the first paragraph of 
Article 5 of Regulation (EEC) No 1417/78 '14%' is 
replaced by '15%'. 
Article 2 
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 May 1989. 
This Regulation shall be binding in its entirety and directly applicable in all Member States. 
Done at... 
For the Council
3. 4. 89 Official Journal of the European Communities No C 82/5 
Proposal for a 
COUNCIL REGULATION (EEC) No ... 
of... 
fixing for the 1989/90 marketing year the amount of the aid for durum wheat 
(89/C 82/04) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 43 thereof, 
Having regard to the Act of Accession of Spain and 
Portugal, and in particular Article 89(1) thereof, 
Having regard to Council Regulation (EEC) No 2727/75 of 
29 October 1975 on the common organization of the 
market in cereals (*), as last amended by Council 
Regulation (EEC) No ... (2), and in particular Article 10(3) 
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 purpose of the aid for durum wheat is to 
ensure a fair standard of living for farmers in regions of the 
Community where such production constitutes a tradi­
tional and important part of agricultural production; 
whereas these areas were specified by Council Regulation 
(EEC) No 3103/76 (3), as last amended by Regulation 
(EEC) No 1583/86 (4); whereas, to cushion the impact of the reduction in the intervention price for durum wheat on 
producers' incomes, the aid for 1989/90 should be 
increased; 
Whereas the rules regarding the alignment of aid as laid 
down in Article 79(2) of the Act of Accession require that 
the amount of aid for durum wheat applicable in Spain 
should be that laid down in this Regulation, 
HAS ADOPTED THIS REGULATION: 
(!) OJNoL281, 1. 11. 1975, p. 1. 
(2) See page 1 of this Official Journal. 
(3) OJ No L 351, 21. 12. 1976, p. 1. 
(4) OJ No L 139, 24. 5. 1986, p. 40. Article 1 
For the 1989/90 marketing year, the aid for durum wheat 
referred to in Article 10 of Regulation (EEC) No 2727/75 is 
hereby fixed for the regions listed in the Annex to 
Regulation (EEC) No 3103/76 at 
— 152,30 ecus per hectare for the Community of Ten, and 
— 78,94 ecus per hectare for Spain. 
Article 2 
This Regulation shall enter into force on the third day 
following its publication in the Official Journal of the 
European Communities. 
It shall apply with effect from the beginning of the 1989/90 
marketing year. 
This Regulation shall be binding in its entirety and directly applicable in all Member States. 
Done at... 
For the Council
1. 6. 89 Official Journal of the European Communities No C 135/7 
Second amended proposal for a Council Directive amending for the eighth time the Directive of 
23 October 1962 on the approximation of the rules of the Member States concerning the 
colouring matters that are authorized for use in foodstuffs intended for human consumption 
(COM(85) 474 final) (') 
COM(89) 217 final — SYN 43 
(Submitted by the Commission pursuant to the third paragraph of Article 149 of the EEC Treaty on 
2 May 1989) 
(89/C 135/08) 
In response to the opinion delivered by the European Parliament on the amended proposal for 
a Council Directive amending for the eighth time the Council Directive on the approximation 
of the laws of the Member States on colouring matters which can be used in food (2) and in 
response to the adoption of Council Directive 89/107/EEC (3) on food additives which 
delegates the laying down of purity criteria of food additives to the Commission, and in 
accordance with the third paragraph of Article 149 of the Treaty establishing the European 
Economic Community, the Commission has decided to amend for a second time the proposal 
for an eighth modification, as follows: 
(a) delete the sixth and seventh whereas of the amended proposal; 
(b) the text in the amended proposal referring to 'Erythrosine' (E 127) reads as follows 
(additions in italics): 
'EEC No 
E 127 Common name 
Erythrosine 
— cocktail cherries — cherries 
— glace cherries — cherries 
— canned mixed fruit — cherries 
— canned cherries — cherries 
— pulp of cherries Colour index number (') and 
name or chemical description 
45 430 (Food Red 14) 
350 mg/kg 
150 mg/kg 
150 mg/kg 
150 mg/kg 
150 mg/kg' 
(c) delete Annex 2 to the modified proposal. 
(') OJ No C 278, 30. 10. 1985, p. 4. 
O OJ No C 115, 11. 11. 1962, p. 2645. 
O OJ No L 40, 11. 2. 1989, p. 27.
No C 170/10 Official Journal of the European Communities 5. 7. 89 
Modified proposal for a Council Regulation for an action programme in the field of transport 
infrastructure with a view to the completion of an integrated transport market in 1992 (*) 
COM(89) 238 final 
(Submitted by the Commission on 9 June 1989) 
(89/C 170/07) 
Recitals unchanged 
modifications: 
Article 3 
New text: 
The action of the Community concerns primarily: 
— the high-speed railway network. Links: 
— Paris—London—Brussels—Amsterdam—Cologne, 
— Lisbon—Seville—Madrid—Barcelone—Lyon, 
— the alpine transit axis (Brenner route), 
— the improvement of the European air traffic control system, 
— the road axis toward Ireland (A 5/A 55 'North Wales coast road'), 
— the Scanlink, 
— the reinforcement of land links in Greece. 
Article 5 
The second paragraph is completed with the following words: 
'... primarily through the reduction of interest rates'. 
Article 7 
The third paragraph is deleted. 
0) OJ No C 270, 19. 10. 1988, p. 6.
20. 10. 89 Official Journal of the European Communities No C 268/5 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Regulation (EEC) amending Regulation (EEC) No 797/85 as regards 
the rates of reimbursement for the set-aside of arable land 
COM(89) 353 final 
(Submitted by the Commission to the Council on 14 July 1989) 
(89/C 268/05) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic 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, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas provision should be made to give adequate 
publicity of the opportunities afforded by the aid 
scheme; 
Whereas it is necessary to ensure that the set-aside 
scheme is implemented effectively and in a balanced 
manner in the Member States; 
Whereas one of the appropriate ways of achieving this is 
to adjust the rates of reimbursement for set-aside laid 
down by Council Regulation (EEC) No 797/85 of 12 
March 1985 on improving the efficiency of agricultural 
structures ('), as last amended by Regulation (EEC) No 
160/89 (2), as regards expenditure for land set aside 
during the period from 1 July 1989; whereas for under­
takings in 1988/89, these rates should be applied only 
for expenditure incurred from the second year of 
application, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Regulation (EEC) No 797/85 is hereby amended as 
follows: 1. The following new paragraph is added at the end of 
Article 1 (a): 
'8. Member States shall take the necessary 
measures to ensure that adequate publicity is given to 
inform potential beneficiaries of the opportunities 
afforded by the aid scheme.' 
2. In Article 26 the following subparagraph is added at 
the end of paragraph 2: 
'However, as regards expenditure for land set aside 
during the period from 1 July 1989, including land 
for which aid was granted during the previous season, 
the following rates shall apply: 
— 50 % for that portion of the aid which does not 
exceed ECU 300 per hectare per annum, 
— 30 % for that portion of the aid between ECU 
300 and ECU 600 per hectare per annum, 
and in the case of authorization as provided for in the 
third subparagraph of Article la (3): 
— 50 °/o for that portion of the aid which does not 
exceed ECU 150 per hectare, per annum, 
— 30 % for that portion of the aid between ECU 
150 and ECU 300 per hectare per annum.' 
Article 2 
This Regulation shall enter into force on the day of 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. 
(') OJ No L 93, 30. 3. 1985, p. 1. 
O OJ No L 165, 15. 6. 1989, p. 1.
29. 11. 89 Official Journal of the European Communities No C 300/13 
Amended proposal for a Council Directive amending Directives S0/778/EEC on drinking 
water, 76/160/EEC on bathing water, 75/440/EEC on surface water and 79/869/EEC on 
methods of measurement and frequencies of analysis of surface water (') 
COM(89) 478 final 
(Submitted by the Commission pursuant to Article 149 (3) of the EEC Treaty on 15 November 
1989) 
(89/C 300/07) 
0) OJ No C 13, 17. 1. 1989, p. 7. 
ORIGINAL TEXT AMENDED TEXT 
Citations unchanged 
First to fifth recitals unchanged 
Sixth recital 
Whereas, in order to improve and accelerate practical 
implementation of these Directives, the technical content 
of their Annexes must, where appropriate, be speedily 
adapted to scientific and technical progress and whereas, 
in order to facilitate application of the measures required 
for this purpose, provision should be made for a uniform 
procedure establishing close cooperation between the 
Member States and the Commission within a Regulatory 
Committee acting in accordance with Procedure III, 
Variant (a) of Article 2 of Council Decision 
87/373/EEC of 13 July 1987 laying down the 
procedures for the exercise of implementing powers 
conferred on the Commission (6); Sixth recital 
Whereas, in order to improve and accelerate practical 
implementation of these Directives, and while retaining 
the protection provided to man and the environment, the 
technical content of their Annexes must, where appro­
priate, be speedily adapted to scientific and technical 
progress and whereas, in order to facilitate application of 
the measures required for this purpose, provision should 
be made for a uniform procedure establishing close 
cooperation between the Member States and the 
Commission within a Regulatory Committee acting in 
accordance with Procedure III, Variant (a) of Article 2 
of Council Decision 87/373/EEC of 13 July 1987 laying 
down the procedures for the exercise of implementing 
powers conferred on the Commission (6); 
Seventh and eighth recitals unchanged 
Articles 1 to 4 unchanged 
Article 5 
The following paragraphs hereby replace the provisions 
of Article 15 of Directive 80/778/EEC, Article 11 of 
Directive 76/160/EEC and Article 11 of Directive 
79/869/EEC, and are inserted as Article 9c of Directive 
75/440/EEC: 
'1. Where the procedure laid down in this Article is to 
be followed, the matter shall be referred to the 
Committee by its chairman, either on his own initiative or 
at the request of a representative of a Member State.' Article 5 
The following paragraphs hereby replace the provisions 
of Article 15 of Directive 80/778/EEC, Article 11 of 
Directive 76/160/EEC and Article 11 of Directive 
79/869/EEC, and are inserted as Article 9c of Directive 
75/440/EEC: 
'1. Where the procedure laid down in this Article is to 
be followed, the matter shall be referred to the 
Committee by its chairman on his own initiative.' 
Paragraphs 2 and 3 unchanged 
Articles 6 and 7 unchanged
25. 11. 89 Official Journal of the European Communities No C 297/13 
II 
(Preparatory Acts) 
COMMISSION 
Amendment to the proposal for a Council Directive on the harmonization of the laws of 
Member States relating to non-automatic weighing instruments (') 
COM(89) 553 final - SYN 174 
(Submitted by the Commission pursuant to the third paragraph of Article 149 of the EEC Treaty on 
9 November 1989) 
(89/C 297/13) 
I. The following text is added to the 7th recital: 
'whereas it is essential to ensure that these designated 
bodies are of a high standard throughout the 
Community;' 
II. Chapter IV is modified as follows: 
'CHAPTER IV 
Instruments in service 
Article 13 
1. Instruments that carry the CE mark of 
conformity and are used for any of the applications 
referred to in Article 1 (2) (a) shall be subject to 
in-service inspection by a competent body to ensure 
that they are still in conformity with the type as 
described in the type approval certificate (if 
applicable) and satisfy the requirements of this 
Directive that apply to them. 2. They shall be re-verified: 
(a) after repair, modification, or re-assembly; 
(b) after relocation in a geographical area with a 
gravity value that is sufficiently different to justify 
the re-verification, in particular of the error of 
indication. 
The re-verification shall be carried out by or under 
the responsibility of a notified body or a manufacturer 
that is authorized to carry out the EC declaration of 
conformity (type 2) procedure. 
3. During re-verification or in-service inspection 
the appropriate tests as set out in the relevant 
standards referred to in Article 5, or equivalent tests, 
shall be carried out. 
During re-verification the maximum permissible error 
limits as specified in Annex 1 (4) (1) shall be applied. 
In all other cases the maximum permissible error 
limits as specified in Annex 1 (4) (2) shall be applied.' 
O OJ No C 55, 4. 3. 1989, p. 6. [COM(88) 780 final — SYN 174].
NoC 11/18 Official Journal of the European Communities 17. 1. 90 
Amendment to the proposal for a Council Directive relating to the maximum permitted blood 
alcohol concentration for vehicle drivers (') 
COM(89) 640 final 
(Submitted by the Commission pursuant to Article 149 (3) of the EEC Treaty on 8 December 
1989) 
(90/C 11/09) 
O COM(88) 707 final 
OJ NoC 25, 31. 1. 1989, p. 9. 
The proposal from the Commission forming the subject of document COM(88) 707 final is 
hereby amended as follows: 
Article 2 is replaced by the following Article: 
'Article 2 
The maximum permitted blood alcohol concentration for drivers of vehicles shall be not 
more than 0,50 mg alcohol per ml of blood as from 1 January 1991.' 
Re-examined proposal for a Council Regulation (EEC) on die security to be given to ensure 
payment of a customs debt (*) 
COM(89) 590 final — SYN 25 
(Submitted by the Commission pursuant to Article 149 (2) (d) of the EEC Treaty on 13 December 
1989) 
(90/C 11/10) 
O OJ No C 30, 4. 2. 1983, p. 11. 
COMMON POSITION OF THE COUNCIL RE-EXAMINED PROPOSAL 
Preamble and recitals unchanged in relation to the common position 
Articles 1 to 8 unchanged in relation to the common position of the Council 
Article 9 Article 9 
The guarantor shall undertake to pay jointly and 
severally with the debtor the secured amount of a 
customs debt which falls to be paid. The guarantor must: The guarantor shall undertake to pay jointly and 
severally with the debtor the secured amount of a 
customs debt which falls to be paid. The guarantor must 
be: 
— have his normal residence or an establishment in the 
Community, and — a credit institution licensed according to Article 3 of 
Council Directive 77/780/EEC, or
No C 49/60 Official Journal of the European Communities 28. 2. 90 
Proposal for a 
COUNCIL REGULATION (EEC) No . . . 
of... 
instituting specific aid for sheep and goat farming in certain less-favoured areas of the 
Community 
(90/C49/43) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic 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 Article 8 of Council Regulation (EEC) No 3013/89 
of 25 September 1989 on the common organization of the 
market in sheepmeat and goatmeat (*), provides for 
measures to reduce the ewe premium in the sheepmeat and 
goatmeat sector where ewe numbers exceed a certain ceiling; 
whereas that reduction is likely to have unfavourable 
consequences in less-favoured areas within the meaning of 
Council Directive 75/268/EEC of 28 April 1975 on 
mountain and hill farming and farming in certain 
less-favoured areas (2), where there are practically no 
alternatives to sheepmeat production; whereas, in 
accordance with the measures provided for by the 
Commission in its report on the future of rural society, 
provision should be made for compensation in the form of 
flat-rate aid for those areas; whereas this Regulation should 
apply from the 1991 marketing year in view of the reduction 
in the foreseeable ewe premium for that marketing year, of premiums to producers of sheepmeat and goatmeat 
calculated in accordance with Article 5 of Regulation (EEC) 
No 3013/89 shall be supplemented by specific aid in respect 
of rural society measures of a unit amount of: 
— ECU 4 per ewe for the producers referred to in Article 5 
(2) of that Regulation, 
— ECU 2,8 per ewe for producers referred to in Article 5 {3) 
of that Regulation and those qualifying under Article 5 
(4), 
— ECU 2,8 per she-goat for producers referred to in 
Article 5 (5) of that Regulation, 
— ECU 2,8 per female of the ovine species where the second 
subparagraph of Article 5 (8) of that Regulation is 
applied, 
— ECU 3,2 per she-goat where Article 22 (6) of that 
Regulation is applied. 
2. The specific aid provided for in paragraph 1 shall be 
granted under the same conditions as those laid down for 
the grant of the premium to sheepmeat and goatmeat 
producers. 
Article 2 
HAS ADOPTED THIS REGULATION: 
Article 1 
1. In less-favoured areas within the meaning of Article 3 
(3), (4) and (5) of Directive 75/268/EEC, the unit amounts 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 the beginning of the 1991 marketing 
year. 
This Regulation shall be binding in its entirety and directly applicable in all Member 
States. 
Done at Brussels, 
For the Council 
(>) OJ No L 289, 7. 10. 1989, p. 1. 
(2) OJ No L 128, 19. 5. 1975, p. 1.
28. 2. 90 Official Journal of the European Communities No C 49/45 
Proposal for a 
COUNCIL REGULATION (EEC) No .*. . 
of.. . 
amending Regulation (EEC) No 1417/78 on the aid system for dried fodder 
(90/C 49/32) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, HAS ADOPTED THIS REGULATION: 
Having regard to the Treaty establishing the European 
Economic Community, 
Having regard to Council Regulation (EEC) No 1117/78 of 
22 May 1978 on the common organization of the market in 
dried fodder (*), as last amended by Regulation (EEC) No 
2275/89 (2), and in particular Article 6 (2) thereof, 
Having regard to the proposal from the Commission, Article 1 
The following point (c) is hereby added to the first paragraph 
of Article 5 of Regulation (EEC) No 1417/78: 
'(c) the maximum content of botanical impurities within 
the meaning of Council Directive 77/101/EEC (*) 
in the products listed in Article 1 (b) of Regulation 
(EEC) No 1117/78 must not exceed 5%. 
(*) OJNoL32, 3. 2. 1977, p. 1.' 
Whereas Council Regulation (EEC) No 1417/78 (3), as last 
amended by Regulation (EEC) No 1110/89 (4), stipulates 
the quality requirements which dried fodder must meet to be 
eligible under the aid system; whereas provision should be 
made in this framework for a permitted maximum level of 
certain impurities and in particular of grasses in dried fodder 
listed in Article 1 (b) of Regulation (EEC) No 1117/78 in 
order to avoid overpenalization of fodder producers, Article 2 
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 May 1990. 
This Regulation shall be binding in its entirety and directly applicable in all Member 
States. 
Done at Brussels, . . 
For the Council 
(>) OJ No L 142, 30. 5. 1978, p. 2. 
(2) OJ No L 218, 28. 7. 1989, p. 1. 
(3) OJ No L 171, 28. 6. 1978, p. 1. 
(4) OJNoL 118,29. 4. 1989, p. 1.