do-me/EUR-LEX huggingface dataset:
COMMISSION REGULATION (EC) No 93/98 of 14 January 1998 on the issue of import licences for garlic originating in China
Date: 1998-01-14
Institutions: European Commission
Subjects: China, bulb vegetable, import licence, originating product

L 9/24

EN

Official Journal of the European Communities

15. 1. 98

COMMISSION REGULATION (EC) No 93/98

of 14 January 1998

on the issue of import licences for garlic originating in China

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 2200/96 of
28 October 1996 on the common organization of the
market in fruit and vegetables (1),

Having regard to Council Regulation (EC) No 903/97 of
21 May 1997 concerning a protective measure applicable
to imports of garlic from China (2), and in particular
Article 1 (3) thereof,

Whereas pursuant to Commission Regulation (EEC) No
1859/93 (3), as amended by Regulation (EC) No 1662/
94 (4), the release for free circulation in the Community
of garlic imported from third countries is subject
to
presentation of an import licence;

Whereas Article 1 (1) of Regulation (EC) No 903/97,
restricts the issue of import licences for garlic originating
in China to a maximum monthly quantity in the case of
applications lodged from 1 June 1997 to 31 May 1998;

Whereas, given the criteria laid down in Article 1 (2) of
that Regulation and the import licences already issued,
the quantity applied for on 8 January 1998 is in excess of
the maximum monthly quantity given in the Annex to

that Regulation for the month of January 1998; whereas
is therefore necessary to determine to what extent
it
licences may be issued in response to these
import
applications; whereas the issue of licences in response to
applications lodged after 8 January 1998 and before 5
February 1998 should be refused,

HAS ADOPTED THIS REGULATION:

Article 1

Import licences applied for on 8 January 1998 pursuant
to Article 1 of Regulation (EEC) No 1859/93 for garlic
falling within CN code 0703 20 00 originating in China
shall be issued for 0,05248 % of the quantity applied for,
having regard to the information available to the
Commission on 12 January 1998.

For the abovementioned products applications for import
licences
lodged after 8 January 1998 and before 5
February 1998 shall be refused.

Article 2

This Regulation shall enter into force on 15 January
1998.

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

Done at Brussels, 14 January 1998.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 297, 21. 11. 1996, p. 1.
(2) OJ L 130, 22. 5. 1997, p. 6.
(3) OJ L 170, 13. 7. 1993, p. 10.
(4) OJ L 176, 9. 7. 1994, p. 1.
WRITTEN QUESTION No. 4073/97 by Riccardo NENCINI to the Commission. Insurance
Date: 1998-01-14
Institutions: European Parliament, NENCINI
Subjects: EU control, European Commission, anti-trust legislation, application of EU law, consumer protection, contract, insurance, insurance company, restriction on competition













EUR-Lex - 91997E4073 - EN






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91997E4073

WRITTEN QUESTION No. 4073/97 by Riccardo NENCINI to the Commission. Insurance  


Official Journal C 196 , 22/06/1998 P. 0070 





WRITTEN QUESTION E-4073/97 by Riccardo Nencini (PSE) to the Commission (14 January 1998)Subject: InsuranceThe Fondiaria insurance company is in the process of reorganizing its own networks as well as those of the Milano Assicurazioni, Polaris and Previdente companies. In the process, an unknown - but, undoubtedly, extremely large - number of direct and indirect jobs will be lost.In addition to terminating agreements with agents, Fondiaria is sending clients policy termination notices, thus causing upset to the clients themselves and producing extensive disruption.Does the Commission intend to ascertain whether the above action by Fondiaria violates antitrust legislation and consumer rights?Answer given by Mr Van Miert on behalf of the Commission (9 March 1998)On the basis of the information currently in its possession, the Commission believes that the restructuring of the Fondiaria group does not create a distortion of competition according to Articles 85 to 94 of the EC Treaty.It is not possible to give an abstract answer to the question about consumer rights. While the general principle of pacta sunt servanda obviously applies, specific circumstances may allow for cancellation. Contractual clauses allowing for this might be considered unfair in the sense of Council Directive 93/13/EEC of 5 april 1993 on unfair terms in consumer contracts ((OJ L 95, 21.4.1993. )) but this cannot be established without close scrutiny. In any event it is not up to the Commission to examine whether companies comply with national measures implementing this Directive.
COMMISSION REGULATION (EC) No 100/98 of 14 January 1998 specifying the extent to which applications for export licences for products in the beef and veal sector may be accepted
Date: 1998-01-14
Institutions: European Commission
Subjects: beef, export licence, export policy

L 9/34

‹

EN

‹

Official Journal of the European Communities

15. 1. 98

COMMISSION REGULATION (EC) No 100/98

of 14 January 1998

specifying the extent to which applications for export licences for products in
the beef and veal sector may be accepted

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 805/68 of
27 June 1968 on the common organisation of the market
in beef and veal (1), as last amended by Regulation (EEC)
No 2634/97 (2),

Having regard to Commission Regulation (EC) No
1445/95 of 26 June 1995 on rules of application for
import and export licences in the beef and veal sector and
repealing Regulation (EEC) No 2377/80 (3),
last
amended by Regulation (EC) No 2616/97 (4), and in par-
ticular Article 10 thereof,

as

Whereas the quantity covered by applications for advance
fixing of refunds is greater than that normally disposed of;
whereas it has therefore been decided to reject certain
and veal
applications
submitted in the period 8 to 14 January 1998 and to no
longer accept certain applications with advance fixing of
the refund on 15 and 16 January 1998,

for beef

licences

export

for

— 0102 10 10 9120,
— 0102 10 30 9120,
— 0102 10 90 9120,
— 0102 90 41 9100,
— 0102 90 59 9000,
— 0102 90 71 9000,
— 0102 90 79 9000,
— 0201 10 00 9110,
— 0201 10 00 9130,
— 0201 20 20 9110,
— 0201 20 30 9110,
— 0201 20 50 9110,
— 0201 20 50 9130,
— 0201 30 00 9100,
— 1602 50 31 9125,
— 1602 50 31 9325,
— 1602 50 39 9125,
— 1602 50 39 9325,

HAS ADOPTED THIS REGULATION:

Article 1

In accordance with Article 10 (2) of Regulation (EC) No
1445/95:

1. applications for export licences with advance fixing of
refunds for products falling within the beef and veal
sector, with the exception of
those falling within
product codes:

submitted in the period 8 to 14 January 1998 shall be
rejected.

2. The submission of applications for export licences with
advance fixing of the refund for beef and veal product
with the exception of those falling within the product
codes referred to in point 1 shall be suspended on 15
and 16 January 1998.

Article 2

This Regulation shall enter into force on 15 January
1998.

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

Done at Brussels, 14 January 1998.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 148, 28. 6. 1968, p. 24.
(2) OJ L 356, 31. 12. 1997, p. 13.
(3) OJ L 143, 27. 6. 1995, p. 35.
(4) OJ L 353, 24. 12. 1997, p. 8.
COMMISSION REGULATION (EC) No 99/98 of 14 January 1998 concerning Regulation (EC) No 1218/96 relating to the partial exemption from the import duty for certain products in the cereals sector laid down in the Agreements between the European Community and the Republic of Poland, the Republic of Hungary, the Czech Republic, the Slovak Republic, the Republic of Bulgaria and the Republic of Romania
Date: 1998-01-14
Institutions: European Commission
Subjects: CCT duties, Hungary, barley, import licence, quantitative restriction, tariff exemption

15. 1. 98

EN

Official Journal of the European Communities

L 9/33

COMMISSION REGULATION (EC) No 99/98

of 14 January 1998

concerning Regulation (EC) No 1218/96 relating to the partial exemption from
the import duty for certain products in the cereals sector laid down in the
Agreements between the European Community and the Republic of Poland, the
Republic of Hungary, the Czech Republic, the Slovak Republic, the Republic of
Bulgaria and the Republic of Romania

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 1766/92
of 30 June 1992 on the common organisation of the
market in cereals (1), as last amended by Commission
Regulation (EC) No 923/96 (2), and in particular Article 9
thereof,

Whereas Commission Regulation (EC) No 1218/96 of 28
June 1996 relating to the partial exemption from the
import duty for certain products in the cereals sector laid
down in the Agreements between the European
Community and the Republic of Poland, the Republic of
Hungary, the Czech Republic, the Slovak Republic, the
Republic of Bulgaria and the Republic of Romania (3), as
last amended by Regulation (EC) No 32/98 (4), specifies
the quantities of barley and common wheat originating
in the Czech and Slovak Republics and the Republic of
Hungary which enjoy preferential access under
the
Interim Agreement concluded with those countries;

Whereas the Commission must fix a single coefficient for
reducing the quantities in the import licences applied for
where these quantities exceed the quantities
in the
annual quota; whereas applications for import licences
submitted on 12 January 1998 for barley from the
Republic of Hungary relate to 2 200 tonnes and the
maximum quantity which may be imported is 1 100
tonnes at a duty reduced by 80 %,

HAS ADOPTED THIS REGULATION:

Article 1

for

for

the

licences

Applications
‘Hungary' quota
provided for in Regulation (EC) No 1218/96 at an import
duty reduced by 80 % for barley falling within CN code
1003 00 90, submitted on 12 January 1998 and forwarded
to the Commission, shall be accepted for the tonnages
indicated therein multiplied by a coefficient of 0,5.

Article 2

This Regulation shall enter into force on 15 January
1998.

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

Done at Brussels, 14 January 1998.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 181, 1. 7. 1992, p. 21.
(2) OJ L 126, 24. 5. 1996, p. 37.
(3) OJ L 161, 29. 6. 1996, p. 51.
(4) OJ L 5, 9. 1. 1998, p. 4.
WRITTEN QUESTION No. 4076/97 by Marie-France STIRBOIS to the Commission. Assistance to job creators
Date: 1998-01-14
Institutions: European Parliament, STIRBOIS
Subjects: aid system, business start-up, competition, employment aid, employment policy, job creation, self-employed person, social-security contribution

C 223/50

EN

Official Journal of the European Communities

17. 7. 98

(98/C 223/59)

WRITTEN QUESTION E-4064/97

by Amedeo Amadeo (NI) to the Commission

(14 January 1998)

Subject: IRAP

The  Italian  Finance  Minister  has  brought  in  a  new  tax,  (cid:145)IRAP(cid:146),  which  does  not  exist  in  any  other  European
country. It is calculated not on the basis of revenue from production as in the rest of Europe, but on the basis of
the costs incurred in production, including labour and investment costs.

Can the Commission assess whether this may obstruct the attempts at fiscal harmonization currently under way
in the EU?

Joint answer
to Written Questions E-4063/97 and E-4064/97
given by Mr Monti on behalf of the Commission

(17 February 1998)

According to the available information, the gross tax base for the new local tax called IRAP (Imposta regionale
sulle attivita· produttive) will normally include the sum of gross income from sales and services rendered by the
taxpayer. The IRAP net tax base could be different from net income as a consequence of the non-deductibility of
certain categories of costs.

The Commission would recall that, apart from the two 1990 directives 90/434/CE of 23 July 1990 on the common
system  of  taxation  applicable  to  mergers,  divisions,  transfers  of  assets  and  exchanges  of  shares  concerning
companies of different Member States (1) and 90/435/CE of 23 July 1990 on the common system of taxation
applicable  in  the  case  of  parent  companies  and  subsidiaries  of  different  Member  States1,  there  is  no
harmonisation at the Community level in the field of direct taxation. Any further step in this direction, even for an
improved functioning of the internal market, requires a unanimous decision of the Council under Article 100 of
the EC Treaty.

Therefore, the Member States are substantially free to choose and design their systems of direct taxation, subject
only  to  the  condition  that  the  general  obligations  arising  from  the  Treaty,  in  particular  those  of  non-
discrimination  and  equal  treatment,  are  respected.  On  the  basis  of  the  question  raised  by  the  Honourable
Member, these obligations do not appear at first sight to be affected by the introduction of the IRAP.

(1)  OJ L 225, 20.8.1990.

(98/C 223/60)

WRITTEN QUESTION E-4076/97

by Marie-France Stirbois (NI) to the Commission

(14 January 1998)

Subject: Assistance to job creators

Can the Commission supply a comparative analysis of the assistance and social security contribution exemptions
which the various Member States make available to unemployed persons wishing to set up companies or work on
a freelance basis?

In its opinion, what impact do such heterogeneous arrangements have on competition?
WRITTEN QUESTION No. 4038/97 by Joaquín SISÓ CRUELLAS to the Commission. Anti-subsidy investigation into cochineal
Date: 1998-01-14
Institutions: European Parliament, SISO CRUELLAS
Subjects: EU control, European Commission, Peru, Spain, complaint to the Commission, dyestuff, export subsidy, import, originating product













EUR-Lex - 91997E4038 - EN






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91997E4038

WRITTEN QUESTION No. 4038/97 by Joaquín SISÓ CRUELLAS to the Commission. Anti-subsidy investigation into cochineal  


Official Journal C 196 , 22/06/1998 P. 0065 





WRITTEN QUESTION E-4038/97 by Joaquín Sisó Cruellas (PPE) to the Commission (14 January 1998)Subject: Anti-subsidy investigation into cochinealThe Commission has launched an anti-subsidy investigation into imports of cochineal from Peru following a complaint by Xantaflor SA (Spain), which produces most of the Community's output of this colouring substance. In the complainant's view the Peruvian manufacturers have received various public subsidies that have helped the rise in Peruvian imports and price levels have damaged Community production.Could the Commission say what are the initial findings of this investigation?Answer given by Sir Leon Brittan on behalf of the Commission (4 February 1998)On 22 September 1997, Xantoflor SA lodged an anti-subsidy complaint alleging that imports of cochineal carmine originating in Peru were being subsidised and causing material injury to the Community producers. Pursuant to Council Regulation (EC) No 2026/97 of 6 October 1997 on protection against subsidized imports from countries not members of the European Community ((OJ L 288, 21.10.1997. )), the Commission found that the complaint contained sufficient prima facie evidence of subsidisation and material injury and published a notice of initiation of an anti-subsidy investigation in the Official journal ((OJ C 335, 6.11.1997. )).After the publication of the notice of initiation, the Commission sent out questionnaires to all parties concerned. The replies to these questionnaires are due by the end of January 1998 and these replies will be verified in the course of February 1998. Therefore, it will only be possible to give a first assessment of this case after the verification and the analysis of the questionnaire replies, in accordance with the normal decision-making procedure. It should be stressed that this investigation is conducted according to the provisions of Council Regulation (EC) No 2026/97, which is the implementation into Community legislation of the World trade organisation (WTO) agreement on subsidies and countervailing measures.
WRITTEN QUESTION No. 4011/97 by Daniel VARELA SUANZES- CARPEGNA to the Commission. Exports of slate from the Community
Date: 1998-01-14
Institutions: European Parliament, VARELA SUANZES-CARPEGNA
Subjects: Brazil, China, competitiveness, customs duties, declining industrial region, earths and stones, export (EU), import (EU), mining extraction, mining industry

C 196/56

EN

Official Journal of the European Communities

22. 6. 98

As suggested in the question, the 5th RTD framework programme proposal (2) is designed to enhance the support
to the participation of SMEs namely through the programme (cid:145)Innovation and SMEs(cid:146). Undertakings from the
slate sector will have opportunities to participate as in the past, in particular in the activities under the themes
(cid:145)Creating a user friendly information and society(cid:146) and (cid:145)Promoting a competitive and sustainable growth(cid:146).

(1)  OJ L 126, 18.5.1994.
(2)  COM(97) 142 final.

(98/C 196/77)

WRITTEN QUESTION E-4009/97

by Daniel Varela Suanzes-Carpegna (PPE) to the Commission

(14 January 1998)

Subject: Competitiveness of Community slate production

The production of slate in the Community constitutes an industry with a long tradition and good prospects for the
future, located in a number of Member States. In Spain alone, it employs 4 800 people directly and over 19 000
indirectly, in peripheral regions which are lagging behind or in declining industrial regions. The competitiveness
of the sector is now being seriously threatened by imports of finished slate from third countries which operate
less rigorous standards in terms of working conditions and the environment than those applying in the EU.

Is the Commission aware of this state of affairs?

Can it state what measures it has adopted or intends to adopt to stimulate the competitiveness of slate production
in the Community?

Can it state which countries are exporting slate to the EU and specify the quantities and conditions concerned?

Can it provide information on the customs tariff applying to imports of finished slate?

Can it provide information on the economic and trade agreements between the EU and third countries which have
a direct or indirect impact on slate production in the third countries concerned?

(98/C 196/78)

WRITTEN QUESTION E-4011/97

by Daniel Varela Suanzes-Carpegna (PPE) to the Commission

(14 January 1998)

Subject: Exports of slate from the Community

The EU imports far more slate from third countries › such as China or Brazil › than it exports to the same
countries.

Can the Commission state what measures it has adopted or intends to adopt to stimulate exports of slate from the
Community to third countries?

Joint answer
to Written Questions E-4009/97 and E-4011/97
given by Sir Leon Brittan on behalf of the Commission

(6 February 1998)

The Community is a net exporter of finished slate. In 1996 it exported 43 610 tonnes (7 997 of which came from
Spain), while its imports totalled 26 639 tonnes. The trend for 1997, estimated on the basis of the figures for the
first six months, seems to give the same result in the same proportions as for 1996.
WRITTEN QUESTION No. 4023/97 by Panayotis LAMBRIAS to the Commission. Psychiatric care in Greece
Date: 1998-01-14
Institutions: European Parliament, LAMBRIAS
Subjects: Greece, health care, health costs, health policy, hospital expenses, mental health, mentally disabled person, private medical treatment, psychiatric institution, restriction on competition

C 187/110

EN

Official Journal of the European Communities

16. 6. 98

(98/C 187/168)

WRITTEN QUESTION E-4017/97

by Niels Sindal (PSE) to the Commission

(14 January 1998)

Subject: Stowaways

What action is the Commission proposing to take as regards the problems concerning the treatment of stowaways
on vessels in European waters?

Answer given by Mrs Gradin on behalf of the Commission

(27 February 1998)

The Commission is aware of the problem of stowaways, both in the framework of maritime transport policy and
of questions which are currently dealt with under Title VI of the Treaty on European Union.

As the proposal on a convention on the monitoring of persons crossing the external frontiers of the Member
States (1) was not adopted by the Council, there are no binding legal provisions on this matter.

When the Treaty of Amsterdam comes into force, questions relating to the crossing of external borders will come
under the first pillar, specifically Article 73(2)(a) on the rules and procedures to be applied by Member States
when carrying out checks on persons crossing external borders, with the proviso that, during a transitional period
of five years following the entry into force of the Treaty of Amsterdam, the Council shall act unanimously on a
proposal  from  the  Commission  or  on  the  initiative  of  a  Member  State  and  after  consulting  the  European
Parliament.

Compatibility and consistency with international maritime law must be sought. Specific international rules on
stowaways on ships have been established. In this framework, a draft legal instrument aimed at combating illegal
immigration  by  sea  routes  has  been  submitted  by  Italy  to  the  International  Maritime  Organisation.  The
Commission is cooperating with the IMO on this matter.

(1)  OJ C 128, 9.5.1994.

(98/C 187/169)

WRITTEN QUESTION E-4023/97

by Panayotis Lambrias (PPE) to the Commission

(14 January 1998)

Subject: Psychiatric care in Greece

The guarantee of a high level of health care is one of the aims of the European Union which was strengthened by
the Amsterdam Treaty. In Greece, certain shortcomings are becoming apparent in the psychiatric care system,
including the discouragement of the private treatment of patients. To be exact, while the cost of treatment in
private sector institutions is set at Drs 14 000, private clinics may not charge more than Drs 7 000 per day, which
is leading to the collapse of private clinics. This is in spite of the fact that 50% of psychiatric patients are treated
in clinics which are under threat of closure, a threat which has already been carried out in some cases. Will the
Commission say what measures it can and will take to reform the mental health sector in Greece?