Proposal for a Council Directive amending Directive 78/660/EEC as regards the revision of amounts expressed in ecus
Date: 1999-01-19
Institutions: European Commission
Subjects: balance sheet, euro, exchange rate, small and medium-sized enterprises, turnover

C 114/8

EN

Official Journal of the European Communities

27.4.1999

Proposal for a Council Directive amending Directive 78/660/EEC as regards the revision of
amounts expressed in ecus

(1999/C 114/05)

COM(1998) 724 final

(Submitted by the Commission on 19 January 1999)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community,

Having regard to the Fourth Council Directive 78/660/EEC of
25 July 1978 based on Article 54(3)(g) of the Treaty on the
annual accounts of certain types of companies (1), and in
particular Article 53(2) thereof,

Having regard to the proposal from the Commission,

Whereas Articles 11 and 27 of Directive 78/660/EEC and, by
way of reference, Article 6 of Directive 83/349/EEC (2) and
Articles 20 and 21 of Directive 84/253/EEC (3) contain
thresholds expressed in ecus for the balance sheet total and
the net turnover within which the Member States may grant
derogations from the provisions of those Directives;

Whereas, in accordance with Article 53(2) of Council Directive
78/660/EEC, every five years the Council, acting on a proposal
from the Commission, is to examine and, if need be, revise the
amounts expressed in ecus in that Directive,
in the light of
economic and monetary trends in the Community;

Whereas to date the Council, in accordance with Article 53(2)
of Directive 78/660/EEC, has on three occasions revised the
amounts expressed in ecus by Directives 84/569/EEC (4),
90/604/EEC (5) and 94/8/EEC (6);

Whereas the fourth five-year period following the adoption of
Directive 78/660/EEC of 25 July 1978 ends on 24 July 1998
and a review of those amounts is thus justified;

Whereas over the last five years, the ecu has lost part of its
value, measured in real terms; whereas, on the basis of the
an
economic
increase in the amounts expressed in ecus is necessary;

and monetary trends

in the Community,

Whereas Council Regulation (EC) No 974/98 provides that as
from 1 January 1999, the currency of participating Member
States shall be the euro and that euro shall be substituted for

the currency of each participating Member States at the fixed
conversion rate; whereas Council Regulation (EC) No 1103/97
provides that during the transitional period (1 January 1999 to
31 December 2001) the euro shall be divided into national
currency units according to the conversion rates; whereas it
is therefore appropriate that amounts in this Directive be
expressed in euro; whereas amounts in euro appearing in
this Directive shall be converted into the national currency
units of Member States adopting the euro according to the
conversion rates; whereas amounts in euro appearing in this
Directive shall be converted into the national currency of
Member States not adopting the euro according to the
exchange rate published in the Official Journal of the European
Communities of 4 January 1999,

HAS ADOPTED THIS DIRECTIVE:

Article 1

1.

Article 11 of Directive 78/660/EEC is amended as follows:

(cid:151) in the first indent (cid:145)balance sheet total: ECU 2 500 000(cid:146) is

replaced by (cid:145)balance sheet total: EUR 3 125 000(cid:146),

(cid:151) in the second indent

(cid:145)net

turnover: ECU 5 000 000(cid:146)

is

replaced by (cid:145)net turnover: EUR 6 250 000(cid:146);

Article 27 of Directive 78/660/EEC is amended as

2.
follows:

(cid:151) in the first indent (cid:145)balance sheet total: ECU 10 000 000(cid:146) is

replaced by (cid:145)balance sheet total: EUR 12 500 000(cid:146),

(cid:151) in the second indent (cid:145)net turnover: ECU 20 000 000(cid:146)

is

replaced by (cid:145)net turnover: EUR 25 000 000(cid:146).

The revision of

3.
constitute the fourth five-yearly revision provided for
Article 53(2) of Directive 78/660/EEC.

the above amounts

in euros

shall
in

(1) OJ L 222, 14.8.1978, p. 11.
(2) OJ L 193, 18.7.1983, p. 1.
(3) OJ L 126, 12.5.1984, p. 20.
(4) OJ L 314, 4.12.1984, p. 28.
(5) OJ L 317, 16.11.1990, p. 57.
(6) OJ L 82, 25.3.1994, p. 33.

Article 2

the equivalent
For Member States not adopting the euro,
amount
in national currency shall be that obtained by
applying the exchange rate published in the Official Journal of
the European Communities published on 4 January 1999.

27.4.1999

EN

Official Journal of the European Communities

C 114/9

Article 3

Those Member States which intend to make use of the
1.
option provided for
in Articles 11 and 27 of Directive
78/660/EEC, as amended by this Directive, shall bring into
force the measures necessary for them to comply with this
Directive
its publication. They shall
forthwith inform the Commission thereof.

any time

after

at

The Member

the
3.
Commission the texts of the main provisions of national law
which they adopt in the field governed by this Directive.

communicate

States

shall

to

Article 4

This Directive shall enter into force on the date of its publi-
cation in the Official Journal of the European Communities.

2. When Member States adopt these measures, they shall
contain a reference to this Directive or shall be accompanied
by such reference on the occasion of their official publication.
The methodos of making such reference shall be laid down by
Member States.

Article 5

This Directive is addressed to the Member States.

Proposal for a Council Regulation amending for the third time Regulation (EC) No 850/98 of 30
fishery resources through technical measures for the
March 1998 for the conservation of

protection of juveniles of marine organisms

(1999/C 114/06)

(Text with EEA relevance)

COM(1999) 141 final (cid:151) 1999/0081(CNS)

(Submitted by the Commission on 29 March 1999)

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,

for

the

Agreement
International Dolphin Conservation
Program, which the Community has decided to apply
provisionally
an
exemption clause to that effect should be added to Article 33;

. . .; whereas,

by Decision

therefore,

Whereas Annex VI establishes categories of mesh sizes for fixed
gears to be used for catching certain species or groups of
species; whereas in the light of data made available to the
two species of
Commission,
spotted dogfish should be revised;

the mesh size categories for

Having regard to the opinion of
Committee,

the Economic and Social

Whereas Regulation (EC) No 850/98 (1) has therefore to be
amended,

Whereas the area and where and the time-period during which
spawning of a certain herring stock has changed; whereas,
the special provisions relating to fishing in said
therefore,
area and during said time-period have to be changed;

Whereas Article 29 contains a number of exemptions for the
use of specific fishing gears; whereas these exemptions should
apply equally to the gear-type Danish seine; whereas, as an
this gear were not originally
oversight,
exemptions
included in that Article; whereas,
therefore, Danish seine
should be included among the exemptions of Article 29;

for

Whereas Article 33 prohibits the use of purse seines on
schools of fish found in association with marine mammals;
whereas such use would be acceptable in the case of fishing
the conditions agreed within the
vessels operating under

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 850/98 is hereby amended as follows:

1. In Article 20, paragraph 1(f) shall be replaced by:

(cid:145)(f)(i) from 21 September to 15 November, within the part
of ICES Division VIIa bounded by the coast of the Isle
of Man and straight lines drawn consecutively between
the following coordinates:

(cid:151) latitude 54(cid:176)20’00’’ N, longitude 04(cid:176)25’05’’ W and
latitude 54(cid:176)20’00’’ N, longitude 03(cid:176)57’02’’ W,

(1) OJ L 125, 27.4.1998, p. 1.