do-me/EUR-LEX huggingface dataset:
Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol setting out the fishing opportunities and the financial contribution provided for by the Agreement between the European Community and the Gabonese Republic on fishing off the coast of Gabon for the period 3 December 2001 to 2 December 2005
Date: 2002-03-01
Institutions: European Community, Gabon
Subjects: Gabon, agreement (EU), financial compensation of an agreement, fishing agreement, fishing controls, fishing rights, sea fishing

L 73/18

EN

Official Journal of the European Communities

15.3.2002

AGREEMENT

in the form of an Exchange of Letters concerning the provisional application of the Protocol setting
out the fishing opportunities and the financial contribution provided for by the Agreement
between the European Community and the Gabonese Republic on fishing off the coast of Gabon
for the period 3 December 2001 to 2 December 2005

A. Letter from the Government of the Gabonese Republic

Sir,

With reference to the Protocol
initialled on 20 September 2001 at Libreville setting out the fishing
opportunities and financial contribution for the period 3 December 2001 to 2 December 2005, I have the
honour to inform you that the Government of the Gabonese Republic is prepared to apply the Protocol on
a provisional basis with effect from 3 December 2001, pending its entry into force in accordance with
Article 6 thereof, provided that the European Community is disposed to do the same.

This is on the understanding that the first instalment of the financial compensation specified in Article 2 of
the Protocol

is paid by 30 April 2002.

I should be obliged if you would confirm the European Community's agreement to such provisional
application.

Please accept, Sir, the assurance of my highest consideration,

For the Government of the Gabonese Republic

B. Letter from the European Community

Sir,

I have the honour to acknowledge receipt of your letter of today's date, which reads as follows:

‘With reference to the Protocol initialled on 20 September 2001 at Libreville setting out the fishing
opportunities and financial contribution for the period 3 December 2001 to 2 December 2005, I have
the honour to inform you that the Government of the Gabonese Republic is prepared to apply the
Protocol on a provisional basis with effect from 3 December 2001, pending its entry into force in
accordance with Article 6 thereof, provided that the European Community is disposed to do the same.

This is on the understanding that the first instalment of the financial compensation specified in Article
2 of the Protocol

is paid by 30 April 2002.

I should be obliged if you would confirm the European Community's agreement to such provisional
application.’

I have the honour to confirm the Community's agreement to such provisional application of the Protocol.

Please accept, Sir, the assurance of my highest consideration,

On behalf of the Council of the European Union
Council Decision of 1 March 2002 replacing four members of the Scientific and Technical Committee who have resigned
Date: 2002-03-01
Institutions: Council of the European Union
Subjects: appointment of staff, scientific committee (EU), technical committee (EU)

12.3.2002

EN

Official Journal of the European Communities

C 63/1

I

(Information)

COUNCIL

COUNCIL DECISION

of 1 March 2002

replacing four members of the Scientific and Technical Committee who have resigned

(2002/C 63/01)

THE COUNCIL OF THE EUROPEAN UNION,

HAS DECIDED AS FOLLOWS:

Article 1

and Mr

Jłrgen Kjems

the Scientific and Technical Committee

Mr Andrew Spurr, Mr Yves Vandenboomgaerde, Mr Bernard
appointed
Tinturier
to
members of
replace, respectively, Mr David Anderson, Mr Louis Patarin,
Mr Paul Caseau and Mr Hans Bjerrum Młller
the
remainder of their term of office, which runs until 31 March
2003.

are hereby

for

Article 2

Each of these appointments shall take effect on the date on
which the Council
that person’s
appointment.

receives acceptance of

Done at Brussels on 1 March 2002.

For the Council

The President

R. DE MIGUEL

Having regard to the Treaty establishing the European Atomic
Energy Community, and in particular Article 134 thereof,

Having regard to the Council Decision of 13 October 1998 on
the renewal of the members of the Scientific and Technical
Committee (1),

Having regard to the opinion of the Commission,

Whereas the seats of four members of the abovementioned
Committee have fallen vacant following the resignation of Mr
David Anderson, Mr Louis Patarin, Mr Paul Caseau and Mr
Hans Bjerrum Młller, brought to the Council’s attention by
letters from the United Kingdom Government dated 15 May
2001, from the French Government dated 27 June 2001 and
from the Danish Government dated 1 June 2001,

(1) OJ C 324, 22.10.1998, p. 1.
Commission Regulation (EC) No 400/2002 of 1 March 2002 concerning tenders submitted in response to the invitation to tender for the export to certain third countries of wholly milled round grain A rice issued in Regulation (EC) No 2007/2001
Date: 2002-03-01
Institutions: European Commission
Subjects: award of contract, export refund, rice

2.3.2002

EN

Official Journal of the European Communities

L 61/15

COMMISSION REGULATION (EC) No 400/2002

of 1 March 2002

concerning tenders submitted in response to the invitation to tender for the export to certain third
countries of wholly milled round grain A rice issued in Regulation (EC) No 2007/2001

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 3072/95 of 22
December 1995 on the common organisation of the market in
rice (1), as last amended by Regulation (EC) No 1987/2001 (2),
and in particular Article 13(3) thereof,

Whereas:

(1)

(2)

An invitation to tender for the export refund on rice was
issued under Commission Regulation (EC) No 2007/
2001 (3).

Article 5 of Commission Regulation (EEC) No 584/
75 (4), as last amended by Regulation (EC) No 299/95 (5),
allows the Commission to decide,
in accordance with
the procedure laid down in Article 22 of Regulation (EC)
No 3072/95 and on the basis of the tenders submitted,
to make no award.

(3)

(4)

On the basis of the criteria laid down in Article 13 of
Regulation (EC) No 3072/95 a maximum refund should
not be fixed.

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

No action shall be taken on the tenders submitted from 22 to
28 February 2002 in response to the invitation to tender for
the export refund on wholly milled round grain A rice to
certain third countries issued in Regulation (EC) No 2007/
2001.

This Regulation shall enter into force on 2 March 2002.

Article 2

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

Done at Brussels, 1 March 2002.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 329, 30.12.1995, p. 18.
(2) OJ L 271, 12.10.2001, p. 5.
(3) OJ L 272, 13.10.2001, p. 13.
(4) OJ L 61, 7.3.1975, p. 25.
(5) OJ L 35, 15.2.1995, p. 8.
Decision of the EEA Joint Committee No 25/2002 of 1 March 2002 amending Annex XXI (Statistics) to the EEA Agreement
Date: 2002-03-01
Institutions: EEA Joint Committee
Subjects: Atlantic Ocean, EU Member State, catch by species, fishing area, fishing industry, fishing statistics

25.4.2002

EN

Official Journal of the European Communities

L 110/27

DECISION OF THE EEA JOINT COMMITTEE

No 25/2002

of 1 March 2002

amending Annex XXI (Statistics) to the EEA Agreement

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting
the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in
particular Article 98 thereof,

Whereas:

(1)

(2)

Annex XXI to the Agreement was amended by Decision of the EEA Joint Committee No 86/2001
of 19 June 2001 (1).

Commission Regulation (EC) No 1638/2001 of 24 July 2001 amending Council Regulation (EC)
No 2597/95 on the submission of nominal catch statistics by Member States fishing in certain
areas other than those of the North Atlantic (2) is to be incorporated into the Agreement,

HAS DECIDED AS FOLLOWS:

Article 1

The following shall be added in point 25c (Council Regulation (EC) No 2597/95) of Annex XXI to the
Agreement:

‘, as amended by:

— 32001 R 1638: Commission Regulation (EC) No 1638/2001 of 24 July 2001 (OJ L 222,

17.8.2001, p. 29).’

Article 2

The texts of Regulation (EC) No 1638/2001 in the Icelandic and Norwegian languages, to be published in
the EEA Supplement to the Official Journal of the European Communities, shall be authentic.

Article 3

This Decision shall enter into force on 2 March 2002, provided that all the notifications under
Article 103(1) of the Agreement have been made to the EEA Joint Committee (*).

(1) OJ L 238, 6.9.2001, p. 39.
(2) OJ L 222, 17.8.2001, p. 29.
(*) No constitutional requirements indicated.

L 110/28

EN

Official Journal of the European Communities

25.4.2002

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal
of the European Communities.

Article 4

Done at Brussels, 1 March 2002.

For the EEA Joint Committee

The President

P. WESTERLUND
Decision of the EEA Joint Committee No 15/2002 of 1 March 2002 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement
Date: 2002-03-01
Institutions: EEA Joint Committee
Subjects: administrative cooperation, data collection, mutual recognition principle, public awareness campaign

25.4.2002

EN

Official Journal of the European Communities

L 110/9

DECISION OF THE EEA JOINT COMMITTEE

No 15/2002

of 1 March 2002

amending Annex II (Technical regulations, standards, testing and certification)
to the EEA Agreement

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting
the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in
particular Article 98 thereof,

Whereas:

(1)

Annex II, Chapter XX, to the Agreement has not previously been amended.

(2)

Council Resolution 2000/C 141/02 of 28 October 1999 on mutual recognition (1) is to be
incorporated into the Agreement,

HAS DECIDED AS FOLLOWS:

Article 1

The following point shall be inserted after point 2 (Commission Communication COM(85) 310 Final) in
Chapter XX of Annex II to Agreement:

‘3.

32000 Y 0519(2): Council Resolution 2000/C 141/02 of 28 October 1999 on mutual
recognition (OJ C 141, 19.5.2000, p. 5).’

Article 2

The texts of Resolution 2000/C 141/02 in the Icelandic and Norwegian languages, to be published in the
EEA Supplement to the Official Journal of the European Communities, shall be authentic.

Article 3

This Decision shall enter into force on 2 March 2002 provided that all the notifications under
Article 103(1) of the Agreement have been made to the EEA Joint Committee (*).

(1) OJ C 141, 19.5.2000, p. 5.
(*) No constitutional requirements indicated.

L 110/10

EN

Official Journal of the European Communities

25.4.2002

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal
of the European Communities.

Article 4

Done at Brussels, 1 March 2002.

For the EEA Joint Committee

The President

P. WESTERLUND
WRITTEN QUESTION P-0656/02 by Alexandros Alavanos (GUE/NGL) to the Commission. Presumptive VAT in respect of small and medium-sized businesses in Greece.
Date: 2002-03-01
Institutions: European Parliament, Provisional data
Subjects: EU control, European Commission, Greece, VAT, application of EU law, flat-rate tax, small and medium-sized enterprises

14.8.2003

EN

Official Journal of the European Union

C 192 E/1

I

(Information)

EUROPEAN PARLIAMENT

WRITTEN QUESTIONS WITH ANSWER

(2003/C 192 E/001)

WRITTEN QUESTION P-0656/02

by Alexandros Alavanos (GUE/NGL) to the Commission

(1 March 2002)

Subject: Presumptive VAT in respect of small and medium-sized businesses in Greece

Article 6 of Law 2753/99 stipulates that every three years, beginning in 1999, small and medium-sized
businesses must compare their gross revenue with total unaccounted earnings and, where the former is less
than the latter, VAT is payable on the difference.

Representatives of small and medium-sized businesses in Greece consider that this provision is unjust
because not only is VAT levied retroactively, it is also levied on presumptive sales.

In the Commission’s view, is this a case of presumptive VAT and is such a procedure consistent with
Community legislation?

Supplementary answer
given by Mr Bolkestein on behalf of the Commission

(4 December 2002)

The Commission has recently received information from the Greek authorities which allows it to reply to
the Honourable Member’s questions concerning the consistency of Greek law 2753/1999 with Community
VAT legislation.

It would appear that the Greek law, in particular Article 6(2), is designed to ensure that certain types of
companies who detect an imbalance between their turnover and purchases may correct this by paying an
additional tax without being subject to a fine. Companies are not obliged to opt for this type of ‘self-
regulation’ in which case they will be subject to ordinary checks, which can result in a tax surcharge of up
to 300 % in the event of a major breach of the tax code.

The Commission considers these measures are in the nature of techniques for monitoring and evaluation
of the taxable amount and does not consider that the amount could be affected by which of the two
options a company takes. Therefore, Greek law 2753/1999 does not appear to be inconsistent in any way
with Community VAT legislation.
Decision of the EEA Joint Committee No 19/2002 of 1 March 2002 amending Annex XIII (Transport) to the EEA Agreement
Date: 2002-03-01
Institutions: EEA Joint Committee
Subjects: harmonisation of standards, high-speed transport, rail transport, technical regulations, trans-European network, transport safety

25.4.2002

EN

Official Journal of the European Communities

L 110/17

DECISION OF THE EEA JOINT COMMITTEE

No 19/2002

of 1 March 2002

amending Annex XIII (Transport) to the EEA Agreement

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting
the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in
particular Article 98 thereof,

Whereas:

(1)

(2)

Annex XIII to the Agreement was amended by Decision of the EEA Joint Committee No 6/2002 of
1 February 2002 (1).

Commission Recommendation 2001/290/EC of 21 March 2001 on the basic parameters of the
trans-European high-speed rail system referred to in Article 5(3)(b) of Directive 96/48/EC (2) is to
be incorporated into the Agreement,

HAS DECIDED AS FOLLOWS:

Article 1

The following point shall be inserted after point 93 (Council Resolution 2000/C 56/02) of Annex XIII to
the Agreement:

‘94.

32001 H 0290: Commission Recommendation 2001/290/EC of 21 March 2001 on the basic
parameters of the trans-European high-speed rail system referred to in Article 5(3)(b) of
Directive 96/48/EC (OJ L 100, 11.4.2001, p. 17).’

Article 2

The texts of Recommendation 2001/290/EC in the Icelandic and Norwegian languages, to be published
in the EEA Supplement to the Official Journal of the European Communities, shall be authentic.

Article 3

This Decision shall enter into force on 2 March 2002, provided that all the notifications under
Article 103(1) of the Agreement have been made to the EEA Joint Committee (*).

(1) OJ L 88, 4.4.2002, p. 12.
(2) OJ L 100, 11.4.2001, p. 17.
(*) No constitutional requirements indicated.

L 110/18

EN

Official Journal of the European Communities

25.4.2002

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal
of the European Communities.

Article 4

Done at Brussels, 1 March 2002.

For the EEA Joint Committee

The President

P. WESTERLUND
Decision of the EEA Joint Committee No 18/2002 of 1 March 2002 amending Annex XIII (Transport) to the EEA Agreement
Date: 2002-03-01
Institutions: EEA Joint Committee
Subjects: air transport, aircraft, civil aviation, international transport, technical standard, third country

25.4.2002

EN

Official Journal of the European Communities

L 110/15

DECISION OF THE EEA JOINT COMMITTEE

No 18/2002

of 1 March 2002

amending Annex XIII (Transport) to the EEA Agreement

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting
the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in
particular Article 98 thereof,

Whereas:

(1)

(2)

Annex XIII to the Agreement was amended by Decision of the EEA Joint Committee No 6/2002 of
1 February 2002 (1).

Commission Regulation (EC) No 991/2001 of 21 May 2001 amending the Annex to Council
Directive 92/14/EEC on the limitation of the operation of aeroplanes covered by Part II, Chapter 2,
Volume 1 of Annex 16 to the Convention on International Civil Aviation, second edition (1988) (2)
is to be incorporated into the Agreement,

HAS DECIDED AS FOLLOWS:

Article 1

The following indent shall be added in point 66e (Council Directive 92/14/EEC) of Annex XIII to the
Agreement:

‘— 32001 R 0991: Commission Regulation (EC) No 991/2001 of 21 May 2001 (OJ L 138,

22.5.2001, p. 12).’

Article 2

The texts of Regulation (EC) No 991/2001 in the Icelandic and Norwegian languages, to be published in
the EEA Supplement to the Official Journal of the European Communities, shall be authentic.

Article 3

This Decision shall enter into force on 2 March 2002, provided that all the notifications under
Article 103(1) of the Agreement have been made to the EEA Joint Committee (*).

(1) OJ L 88, 4.4.2002, p. 12.
(2) OJ L 138, 22.5.2001, p. 12.
(*) No constitutional requirements indicated.

L 110/16

EN

Official Journal of the European Communities

25.4.2002

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal
of the European Communities.

Article 4

Done at Brussels, 1 March 2002.

For the EEA Joint Committee

The President

P. WESTERLUND
Commission Regulation (EC) No 397/2002 of 1 March 2002 fixing the maximum aid for concentrated butter for the 264th special invitation to tender opened under the standing invitation to tender provided for in Regulation (EEC) No 429/90
Date: 2002-03-01
Institutions: European Commission
Subjects: aid system, award of contract, butter, concentrated product

2.3.2002

EN

Official Journal of the European Communities

L 61/11

COMMISSION REGULATION (EC) No 397/2002

of 1 March 2002

fixing the maximum aid for concentrated butter for the 264th special invitation to tender opened
under the standing invitation to tender provided for in Regulation (EEC) No 429/90

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 1255/1999 of 17
May 1999 on the common organisation of the market in milk
and milk products (1), as last amended by Regulation (EC) No
1670/2000 (2), and in particular Article 10 thereof,

(2)

(3)

In the light of the tenders received, the maximum aid
should be fixed at the level specified below and the
end-use security determined accordingly.

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Milk and Milk Products,

Whereas:

HAS ADOPTED THIS REGULATION:

(1)

In accordance with Commission Regulation (EEC) No
429/90 of 20 February 1990 on the granting by invita-
tion to tender of an aid for concentrated butter intended
for direct consumption in the Community (3), as last
amended by Regulation (EC) No 124/1999 (4), the inter-
vention agencies are opening a standing invitation to
tender for the granting of aid for concentrated butter;
Article 6 of that Regulation provides that in the light of
the tenders received in response to each special invita-
tion to tender, a maximum amount of aid is to be fixed
for concentrated butter with a minimum fat content of
96 % or a decision is to be taken to make no award; the
end-use security must be fixed accordingly.

Article 1

For the 264th special invitation to tender under the standing
invitation to tender opened by Regulation (EEC) No 429/90,
the maximum aid and the amount of the end-use security shall
be as follows:

— maximum aid:
— end-use security:

EUR 105/100 kg,
EUR 116/100 kg.

Article 2

This Regulation shall enter into force on 2 March 2002.

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

Done at Brussels, 1 March 2002.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 160, 26.6.1999, p. 48.
(2) OJ L 193, 29.7.2000, p. 10.
(3) OJ L 45, 21.2.1990, p. 8.
(4) OJ L 16, 21.1.1999, p. 19.
Decision of the EEA Joint Committee No 11/2002 of 1 March 2002 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement
Date: 2002-03-01
Institutions: EEA Joint Committee
Subjects: agricultural product, consumer information, foodstuff, import, labelling, marketing, organic farming

25.4.2002

EN

Official Journal of the European Communities

L 110/1

II

(Acts whose publication is not obligatory)

EUROPEAN ECONOMIC AREA

THE EEA JOINT COMMITTEE

DECISION OF THE EEA JOINT COMMITTEE

No 11/2002

of 1 March 2002

amending Annex II (Technical regulations, standards, testing and certification)
to the EEA Agreement

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting
the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in
particular Article 98 thereof,

Whereas:

(1)

(2)

(3)

Annex II to the Agreement was amended by Decision of the EEA Joint Committee No 152/2001 of
11 December 2001 (1).

Commission Regulation (EC) No 1566/2000 of 18 July 2000 amending Regulation (EEC) No 94/92
laying down detailed rules for implementing the arrangements for imports from third countries
provided for in Council Regulation (EEC) No 2092/91 (2) is to be incorporated into the Agreement.

Commission Regulation (EC) No 436/2001 of 2 March 2001 amending Annex II to Council
Regulation (EEC) No 2092/91 on organic production of agricultural products and indications
referring thereto on agricultural products and foodstuffs (3)
is to be incorporated into the
Agreement,

(1) OJ L 65, 7.3.2002, p. 26.
(2) OJ L 180, 19.7.2000, p. 17.
(3) OJ L 63, 3.3.2001, p. 16.

L 110/2

EN

Official Journal of the European Communities

25.4.2002

HAS DECIDED AS FOLLOWS:

Article 1

The following indents shall be added in point 54b (Council Regulation (EEC) No 2092/91) in Chapter XII
of Annex II to the Agreement:

‘— 32000 R 1566: Commission Regulation (EC) No 1566/2000 of 18 July 2000 (OJ L 180,

19.7.2000, p. 17),

— 32001 R 0436: Commission Regulation (EC) No 436/2001 of 2 March 2001 (OJ L 63, 3.3.2001,

p. 16).’

Article 2

The texts of Regulations (EC) Nos 1566/2000 and 436/2001 in the Icelandic and Norwegian languages,
to be published in the EEA Supplement to the Official Journal of the European Communities, shall be
authentic.

This Decision shall enter into force on 2 March 2002 provided that all the notifications under
Article 103(1) of the Agreement have been made to the EEA Joint Committee (*).

Article 3

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal
of the European Communities.

Article 4

Done at Brussels, 1 March 2002.

For the EEA Joint Committee

The President

P. WESTERLUND

(*) No constitutional requirements indicated.