do-me/EUR-LEX huggingface dataset:
Commission Regulation (EC) No 2339/2002 of 23 December 2002 determining the world market price for unginned cotton
Date: 2002-12-23
Institutions: European Commission
Subjects: cotton, world market price

24.12.2002

EN

Official Journal of the European Communities

L 349/33

COMMISSION REGULATION (EC) No 2339/2002

of 23 December 2002

determining the world market price for unginned cotton

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Protocol 4 on cotton, annexed to the Act of
Accession of Greece, as last amended by Council Regulation
(EC) No 1050/2001 (1),

Having regard to Council Regulation (EC) No 1051/2001 of 22
May 2001 on production aid for cotton (2), and in particular
Article 4 thereof,

Whereas:

(1)

In accordance with Article 4 of Regulation (EC) No
1051/2001, a world market price for unginned cotton is
to be determined periodically from the price for ginned
cotton recorded on the world market and by reference
to the historical relationship between the price recorded
for ginned cotton and that calculated for unginned
cotton. That historical relationship has been established
in Article 2(2) of Commission Regulation (EC) No 1591/
2001 of 2 August 2001 (3), as amended by Regulation
(EC) No 1486/2002 (4). Where the world market price
cannot be determined in this way, it is to be based on
the most recent price determined.

(2)

In accordance with Article 5 of Regulation (EC) No
1051/2001, the world market price for unginned cotton
is to be determined in respect of a product of specific
characteristics and by reference to the most favourable

offers and quotations on the world market among those
considered representative of the real market trend. To
that end, an average is to be calculated of offers and
European
recorded on one or more
quotations
exchanges for a product delivered cif to a port in the
Community and coming from the various supplier coun-
tries considered the most representative in terms of
there is provision for
international
adjusting the criteria for determining the world market
price for ginned cotton to reflect differences justified by
the quality of the product delivered and the offers and
quotations concerned. Those adjustments are specified in
Article 3(2) of Regulation (EC) No 1591/2001.

trade. However,

(3)

The application of the above criteria gives the world
market price for unginned cotton determined herein-
after,

HAS ADOPTED THIS REGULATION:

Article 1

The world price for unginned cotton as referred to in Article 4
of Regulation (EC) No 1051/2001 is hereby determined as
equalling EUR 27,838/100 kg.

This Regulation shall enter into force on 24 December 2002.

Article 2

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

Done at Brussels, 23 December 2002.

For the Commission

J. M. SILVA RODRÍGUEZ

Agriculture Director-General

(1) OJ L 148, 1.6.2001, p. 1.
(2) OJ L 148, 1.6.2001, p. 3.
(3) OJ L 210, 3.8.2001, p. 10.
(4) OJ L 223, 20.8.2002, p. 3.
Commission Regulation (EC) No 2324/2002 of 23 December 2002 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2002-12-23
Institutions: European Commission
Subjects: agri-monetary policy, citrus fruit, export price, fruit vegetable, perennial vegetable, pip fruit

L 349/6

EN

Official Journal of the European Communities

24.12.2002

COMMISSION REGULATION (EC) No 2324/2002

of 23 December 2002

establishing the standard import values for determining the entry price of certain fruit and
vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

(2)

In compliance with the above criteria,
the standard
import values must be fixed at the levels set out in the
Annex to this Regulation,

Having regard to Commission Regulation (EC) No 3223/94 of
21 December 1994 on detailed rules for the application of the
import arrangements
last
amended by Regulation (EC) No 1947/2002 (2), and in parti-
cular Article 4(1) thereof,

fruit and vegetables (1), as

for

HAS ADOPTED THIS REGULATION:

Article 1

Whereas:

(1)

Regulation (EC) No 3223/94 lays down, pursuant to the
outcome of the Uruguay Round multilateral trade nego-
tiations, the criteria whereby the Commission fixes the
standard values for imports from third countries,
in
respect of the products and periods stipulated in the
Annex thereto.

The standard import values referred to in Article 4 of Regula-
tion (EC) No 3223/94 shall be fixed as indicated in the Annex
hereto.

Article 2

This Regulation shall enter into force on 24 December 2002.

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

Done at Brussels, 23 December 2002.

For the Commission

J. M. SILVA RODRÍGUEZ

Agriculture Director-General

(1) OJ L 337, 24.12.1994, p. 66.
(2) OJ L 299, 1.11.2002, p. 17.

24.12.2002

EN

Official Journal of the European Communities

L 349/7

to the Commission Regulation of 23 December 2002 establishing the standard import values for determining
the entry price of certain fruit and vegetables

ANNEX

CN code

0702 00 00

0707 00 05

0709 10 00

0709 90 70

0805 10 10, 0805 10 30, 0805 10 50

0805 20 10

0805 20 30, 0805 20 50, 0805 20 70,
0805 20 90

0805 50 10

0808 10 20, 0808 10 50, 0808 10 90

0808 20 50

Third country code (1)

Standard import value

(EUR/100 kg)

052
204
999

052
628
999

220
999

052
204
999

052
204
220
999

052
204
999

052
999

052
600
999

060
400
404
720
999

400
720
999

68,1
58,2
63,1

109,2
151,4
130,3

159,6
159,6

112,8
84,1
98,4

45,0
52,7
46,6
48,1

95,1
67,4
81,3

69,0
69,0

64,5
86,9
75,7

29,5
111,4
101,7
129,3
93,0

88,7
47,6
68,2

(1) Country nomenclature as fixed by Commission Regulation (EC) No 2020/2001 (OJ L 273, 16.10.2001, p. 6). Code ‘999’ stands for

‘of other origin’.
WRITTEN QUESTION E-3760/02 by Gerhard Schmid (PSE) to the Commission. Taxation of food products containing a toy.
Date: 2002-12-23
Institutions: European Parliament, Provisional data
Subjects: EU Member State, Germany, VAT, VAT rate, foodstuff, national implementing measure, tax law, toy industry

12.6.2003

EN

Official Journal of the European Union

C 137 E/241

(2003/C 137 E/272)

WRITTEN QUESTION E-3760/02

by Gerhard Schmid (PSE) to the Commission

(23 December 2002)

Subject: Taxation of food products containing a toy

In Germany, a reduced VAT of 7 % is applied to food. Steps are being taken, however, to tax so-called
combined items consisting of food and toys (e.g. surprise eggs) at the full 16 % in the future.

In the light of this, can the Commission state:

1.

In which Member States of the European Union these combined items are classed as food and in
which as toys?

2. On the basis of what Community legislation Member States are allowed to carry out their own

classification of combined items?

Answer given by Mr Bolkestein on behalf of the Commission

(3 February 2003)

The Community provisions on VAT currently in force are contained in the sixth VAT Directive (1). As
Directives are not directly applicable, the Member States have to transpose their contents into national law
and, where necessary, introduce provisions for their practical implementation.

Under Article 12(3) of the sixth VAT Directive, toys are subject to the normal minimum rate of 15 % while
Member States have the option of applying a reduced rate which must not be more than 5 % lower than
the rate applying to foodstuffs.

However, this Community legislation does not provide for any special measures regarding supplies of
combined goods sold at a single price. Under the subsidiarity principle, the fact that the provisions in
question are of an implementing nature means that it is up to the Member States to decide how goods of
this type should be treated from the point of view of VAT case by case.

The Commission has no precise information about how the Member States have resolved this matter in
their national legislation.

(1) Council Directive 2002/92/EC of 3 December 2002 amending Directive 77/388/EEC to extend the facility allowing

Member States to apply reduced rates of VAT to certain labour-intensive services, OJ L 331, 7.12.2002.

(2003/C 137 E/273)

WRITTEN QUESTION E-3764/02

by Bill Miller (PSE) to the Commission

(23 December 2002)

Subject: European Social Fund

In many EU countries asylum-seekers and immigrants do not have the right
to gain employment,
therefore, they cannot participate in any ESF-funded course, as they are not allowed to work. Is this a
formal EU rule or a Member State criterion?
Commission Regulation (EC) No 2334/2002 of 23 December 2002 amending Regulation (EC) No 2540/2001 derogating from Regulation (EC) No 1148/2001 as regards conformity checks at the stage of import applicable to fresh fruit and vegetables
Date: 2002-12-23
Institutions: European Commission
Subjects: food inspection, fresh fruit, fresh vegetable, marketing standard, preparation for market, quality standard

24.12.2002

EN

Official Journal of the European Communities

L 349/25

COMMISSION REGULATION (EC) No 2334/2002

of 23 December 2002

amending Regulation (EC) No 2540/2001 derogating from Regulation (EC) No 1148/2001 as regards
conformity checks at the stage of import applicable to fresh fruit and vegetables

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 organisation of the market in
fruit and vegetables (1), as last amended by Commission Regula-
tion (EC) No 1881/2002 (2), and in particular Article 10
thereof,

Whereas:

(1)

(2)

by Regulation
the

Commission Regulation (EC) No 2540/2001 (3), as
(EC) No 1225/2002 (4),
amended
temporarily extends
scope of Article 6(4) of
Commission Regulation (EC) No 1148/2001 of 12 June
2001 on checks on conformity to the marketing stan-
dards applicable to fresh fruit and vegetables (5), as last
amended by Regulation (EC) No 2590/2001 (6), to cover
all lots, irrespective of weight, with a low risk of non-
conformity.

At the time Regulation (EC) No 2540/2001 was adopted,
the Commission had approved checking operations at
the point of export in accordance with Article 7 of
Regulation (EC) No 1148/2001 in only one third
country. Since that date, the Commission has approved
in five new third countries.
checking operations

However, a number of other requests from third coun-
tries are still being examined. Moreover, new provisions
are currently being drafted to allow the Member States
to concentrate conformity checks at the stage of import
on goods with the highest risk of non-conformity, but
these will not enter into force before the first quarter of
2003. Under these circumstances, application of Regula-
tion (EC) No 2540/2001 should be extended for a period
of three months.

(3)

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Fresh Fruit and Vegetables,

HAS ADOPTED THIS REGULATION:

Article 1

In Article 1 of Regulation (EC) No 2540/2001, the date ‘31
December 2002’ is replaced by ‘31 March 2003’.

Article 2

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

It shall apply from 1 January 2003.

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

Done at Brussels, 23 December 2002.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 297, 21.11.1996, p. 1.
(2) OJ L 285, 23.10.2002, p. 13.
(3) OJ L 341, 22.12.2001, p. 79.
(4) OJ L 179, 9.7.2002, p. 12.
(5) OJ L 156, 13.6.2001, p. 9.
(6) OJ L 345, 29.12.2001, p. 20.
Commission Regulation (EC) No 2326/2002 of 23 December 2002 on the issue of system B export licences in the fruit and vegetables sector
Date: 2002-12-23
Institutions: European Commission
Subjects: citrus fruit, export licence, export refund

24.12.2002

EN

Official Journal of the European Communities

L 349/11

COMMISSION REGULATION (EC) No 2326/2002

of 23 December 2002

on the issue of system B export licences in the fruit and vegetables sector

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Commission Regulation (EC) No 1961/2001
of 8 October 2001 on detailed rules for implementing Council
Regulation (EC) No 2200/96 as regards export refunds on fruit
and vegetables (1), as last amended by Regulation (EC) No
1176/2002 (2), and in particular Article 6(6) thereof,

Whereas:

(1)

(2)

Commission Regulation (EC) No 1886/2002 (3) fixes the
indicative quantities for system B export licences other
than those sought in the context of food aid.

In the light of the information available to the Commis-
sion today, there is a risk that the indicative quantities
laid down for the current export period for oranges will
shortly be exceeded. This overrun will prejudice the
proper working of the export refund scheme in the fruit
and vegetables sector.

(3)

To avoid this situation, applications for system B licences
for oranges after 23 December 2002 should be rejected
until the end of the current export period,

HAS ADOPTED THIS REGULATION:

Article 1

Applications for system B export licences for oranges submitted
pursuant to Article 1 of Regulation (EC) No 1886/2002, export
declarations for which are accepted after 23 December 2002
and before 15 January 2003, are hereby rejected.

Article 2

This Regulation shall enter into force on 24 December 2002.

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

Done at Brussels, 23 December 2002.

For the Commission

J. M. SILVA RODRÍGUEZ

Agriculture Director-General

(1) OJ L 268, 9.10.2001, p. 8.
(2) OJ L 170, 29.6.2002, p. 69.
(3) OJ L 286, 24.10.2002, p. 3.
2002/1004/EC: Commission Decision of 23 December 2002 amending for the 10th time Decision 2001/327/EC concerning restrictions to the movement of animals of susceptible species with regard to foot-and-mouth disease (Text with EEA relevance) (notified under document number C(2002) 5271)
Date: 2002-12-23
Institutions: European Commission
Subjects: export restriction, foot-and-mouth disease, health legislation, intra-EU trade, transport of animals, veterinary inspection

L 349/108

EN

Official Journal of the European Communities

24.12.2002

COMMISSION DECISION

of 23 December 2002

amending for the 10th time Decision 2001/327/EC concerning restrictions to the movement of
animals of susceptible species with regard to foot-and-mouth disease

(notified under document number C(2002) 5271)

(Text with EEA relevance)

(2002/1004/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS DECISION:

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 90/425/EEC of 26 June
1990 concerning veterinary and zootechnical checks applicable
in intra-Community trade in certain live animals and products
with a view to the completion of the internal market (1), as last
amended by Directive 2002/33/EC of the European Parliament
and of the Council (2), and in particular Article 10 thereof,

Article 1

In Article 4 of Decision 2001/327/EC the date ‘31 December
2002’ is replaced by the date ‘30 June 2003’.

Article 2

Whereas:

This Decision is addressed to the Member States.

(1)

(2)

(3)

All Member States have implemented the restrictions to
the movement of animals of susceptible species laid
down in Commission Decision 2001/327/EC (3), as last
amended by Decision 2002/242/EC (4).

It appears appropriate to prolong the measures.

The measures provided for in this Decision are in accor-
dance with the opinion of the Standing Committee on
the Food Chain and Animal Health,

Done at Brussels, 23 December 2002.

For the Commission

David BYRNE

Member of the Commission

(1) OJ L 224, 18.8.1990, p. 29.
(2) OJ L 315, 19.11.2002, p. 14.
(3) OJ L 115, 25.5.2001, p. 12.
(4) OJ L 82, 26.3.2002, p. 18.
Commission Regulation (EC) No 2333/2002 of 23 December 2002 correcting the Dutch version of Regulation (EC) No 1162/95 laying down special detailed rules for the application of the system of import and export licences for cereals and rice
Date: 2002-12-23
Institutions: European Commission
Subjects: ACP countries, cereal product, cereals, export licence, import licence, rice

L 349/24

EN

Official Journal of the European Communities

24.12.2002

COMMISSION REGULATION (EC) No 2333/2002

of 23 December 2002

correcting the Dutch version of Regulation (EC) No 1162/95 laying down special detailed rules for
the application of the system of import and export licences for cereals and rice

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 Regulation (EC) No 1666/
2000 (2), and in particular Article 9(2), Article 12(4) and Article
13(11) thereof,

Having regard to Council Regulation (EC) No 3072/95 of 22
December 1995 on the common organisation of the market in
rice (3), as last amended by Commission Regulation (EC) No
411/2002 (4), and in particular Article 11(4) and Article 13(15)
thereof,

Whereas:

(1)

The Dutch version of Annex II(B) to Commission Regu-
lation (EC) No 1162/95 (5), as last amended by Regula-
tion (EC) No 1322/2002 (6), differs from the texts in the
other official Community languages. The necessary
corrections should therefore be made to that text.

(2)

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

Annex II(B) to Regulation (EC) No 1162/95 is corrected.

The correction concerns only the Dutch text of the Regulation.

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 Brussels, 23 December 2002.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 181, 1.7.1992, p. 21.
(2) OJ L 193, 29.7.2000, p. 1.
(3) OJ L 329, 30.12.1995, p. 18.
(4) OJ L 62, 5.3.2002, p. 27.
(5) OJ L 117, 24.5.1995, p. 2.
(6) OJ L 194, 23.7.2002, p. 22.
WRITTEN QUESTION P-3850/02 by Françoise Grossetête (PPE-DE) to the Commission. European charter for children in hospital.
Date: 2002-12-23
Institutions: European Parliament, Provisional data
Subjects: European charter, child, competence of the Member States, health care, medical institution

8.5.2003

EN

Official Journal of the European Union

C 110 E/223

Answer given by Mr Fischler on behalf of the Commission

(17 January 2003)

The Commission is collecting the information it needs to answer the question. It will communicate its
findings as soon as possible.

(2003/C 110 E/249)

WRITTEN QUESTION P-3850/02

by Françoise Grossetête (PPE-DE) to the Commission

Subject: European charter for children in hospital

(23 December 2002)

There are currently considerable differences in the treatment of children from one hospital to another. For
instance, children are often admitted to adult wards, parents are often unable to stay at night, and the
hospital environment may not be commensurate with the physical and educational needs of children.

The general hospital environment is known to be a very important factor in recovery with children. In
1986, accordingly, the European Parliament adopted a resolution calling for discussions on drafting a
European charter for children in hospital (1).

To date, there has been no official Community proposal. Will the Commission seek, then, to submit a
proposal on this question within a reasonable period?

(1) OJ C 148, 16.6.1986, p. 37.

Answer given by Mr Byrne on behalf of the Commission

(23 January 2003)

The treatment of children in hospital is a subject related to the organisation and delivery of health services
and medical care which are matters for the Member States. The Commission therefore does not intend to
make any proposals in relation to a charter for children in hospital.
Commission Regulation (EC) No 2336/2002 of 23 December 2002 amending Regulation (EC) No 1367/2002 introducing preventive distillation as provided for in Article 30 of Council Regulation (EC) No 1493/1999 in Portugal
Date: 2002-12-23
Institutions: European Commission
Subjects: Portugal, alcohol, common organisation of markets, distillation, intervention agency, table wine, wine

L 349/28

EN

Official Journal of the European Communities

24.12.2002

COMMISSION REGULATION (EC) No 2336/2002

of 23 December 2002

amending Regulation (EC) No 1367/2002 introducing preventive distillation as provided for in
Article 30 of Council Regulation (EC) No 1493/1999 in Portugal

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 1493/1999 of 17
May 1999 on the common organisation of the market
in
wine (1), as last amended by Regulation (EC) No 2585/2001 (2),
and in particular Article 33 thereof,

Whereas:

(1)

(2)

(3)

Under the preventive distillation introduced in Portugal,
producers are required to deliver their wine for distilla-
tion and distillers are required to deliver the alcohol
obtained to the intervention agency before a specified
date.

However, the public storage facilities in Portugal are full
and the public authorities have been unable to accept
deliveries of alcohol from the distillers, with the result
that the storage facilities of certain distillers are now also
full. This prevents them from accepting delivery of new
wine for distillation before the date laid down in the
Regulation.

To rectify this situation, the date by which wine must be
delivered for distillation and the date by which alcohol
must be delivered to public storage should be postponed
for one month.

(4)

(5)

Since the deadline for delivery for distillation fell on 30
November 2002, this Regulation should apply from 1
December 2002.

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

HAS ADOPTED THIS REGULATION:

Article 1

Article 4(3) of Regulation (EC) No 1367/2002,
replaced by the following:

is hereby

The wine must be delivered to the distilleries by 31
‘3.
December 2002 at the latest. The alcohol obtained must be
delivered to the intervention agency by 28 February 2003
at the latest.’

Article 2

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

It shall apply from 1 December 2002.

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

Done at Brussels, 23 December 2002.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 179, 14.7.1999, p. 1.
(2) OJ L 345, 29.12.2001, p. 10.