do-me/EUR-LEX huggingface dataset:
Opinion of the Governing Council of the European Central Bank of 24 April 2003 on a recommendation from the Council of the European Union on the appointment of a member of the Executive Board of the European Central Bank (CON/2003/6)
Date: 2003-04-24
Institutions: European Central Bank
Subjects: European Central Bank, appointment of staff, decision-making body (EU)

1.5.2003

EN

Official Journal of the European Union

C 105/37

EUROPEAN CENTRAL BANK

OPINION OF THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK

of 24 April 2003

on a recommendation from the Council of the European Union on the appointment of a member
of the Executive Board of the European Central Bank

(CON/2003/6)

(2003/C 105/07)

1. By letter of 14 April 2003, the President of the Council of the European Union requested the
Governing Council of the European Central Bank (ECB) to deliver its opinion on Council Recommen-
dation 2003/301/EC of 14 April 2003 on the appointment of a member of the Executive Board of the
European Central Bank (1).

2. The abovementioned recommendation, which will be submitted for decision to the Heads of State or
Government of the Member States which have adopted the euro after consultation of the Governing
Counil of the ECB and the European Parliament, recommends that Gertrude Tumpel-Gugerell be
appointed as member of the Executive Board of the ECB for a term of office of eight years with
effect from 1 June 2003.

3. The Governing Council of the ECB is of the opinion that the proposed candidate is a person of
recognised standing and professional experience in monetary or banking matters as required by
Article 112(2)(b) of the Treaty establishing the European Community.

4. The Governing Council of

the ECB has no objection to the Council's recommendation on the

appointment of the proposed candidate as member of the Executive Board of the ECB.

5. The Governing Council of the ECB has adopted this opinion in accordance with Article 112(2)(b) of the
Treaty and Article 11.2 and Article 43.3 of the Statute of the European System of Central Banks and of
the European Central Bank.

6. This opinion shall be published in the Official Journal of the European Union.

Done at Frankfurt am Main, on 24 April 2003.

On behalf of the Governing Council of the
ECB

The President

Willem F. DUISENBERG

(1) OJ L 109, 1.5.2003.
Opinion of the Advisory Committee on Concentrations given at the 106th meeting on 6 February 2002 concerning a draft decision relating to Case COMP/M.2495 — Haniel/Fels (Text with EEA relevance)
Date: 2003-04-24
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions, European Commission
Subjects: advisory committee (EU), building materials, dominant position, economic concentration, merger control

24.4.2003

EN

Official Journal of the European Union

C 97/9

Opinion of the Advisory Committee on Concentrations given at the 106th meeting on 6 February
2002 concerning a draft decision relating to Case COMP/M.2495 — Haniel/Fels

(2003/C 97/07)

(Text with EEA relevance)

1.
The Advisory Committee agrees with the Commission that the notified operation constitutes a
concentration within the meaning of Art 3(1)b of the Merger Regulation and the notified operation has
a Community dimension as defined in Article 1(2) Merger Regulation.

2.
A majority of the Advisory Committee agrees with the Commission's definition of the relevant
product markets as ‘building materials for load-bearing walls’ and ‘building materials for non load-bearing
walls’. A minority refrains.

The Advisory Committee agrees with the Commission's definition of the relevant geographic markets

3.
contained in the draft decision.

4.
A majority of the Advisory Committee shares the Commission's view that Haniel controls the
Coöperatieve Verkoop- en Produktievereniging van Kalkzandsteenproducenten (CVK cooperative). A
minority disagrees.

5.
A majority of the Advisory Committee shares the Commission's view that Haniel holds a dominant
position on the market for wall-building materials for load-bearing walls in the Netherlands. A minority
disagrees.

6.
A majority of the Advisory Committee shares the Commission's view that Haniel's dominant position
on the market for ‘wall-building materials for load-bearing walls’ will not be strengthened and that no
dominant position will be created in the market for ‘building materials for non load-bearing walls’. A
minority disagrees.

The Advisory Committee agrees that the operation should be declared compatible with the common

7.
market and the functioning of the EEA-Agreement.

8.
The Advisory Committee asks the Commission to take account of all other points raised during its
discussion of the case and recommends the publication of its opinion in the Official Journal of the European
Union.
Quality standards for national mail of the fastest standard category set by Member States and published by the Commission in accordance with Article 17 of Directive 97/67/EC on common rules for the development of the internal market of Community postal services and the improvement of quality of service
Date: 2003-04-24
Institutions: European Commission
Subjects: EU Member State, harmonisation of standards, postal service, provision of services, quality standard, single market

C 97/6

EN

Official Journal of the European Union

24.4.2003

Quality standards for national mail of the fastest standard category set by Member States and
published by the Commission in accordance with Article 17 of Directive 97/67/EC on common
the internal market of Community postal services and the
rules for the development of

improvement of quality of service (1)

(2003/C 97/03)

The quality standards for national mail in each Member State have been established by Member States in
relation to the time limit for routing measured from end to end (2) for postal items of the fastest standard
category according to the formula D + n, where D represents the date of deposit (3) and n the number of
working days which elapse between the date and that of delivery to the addressee.

Quality of service objectives for the fastest standard category of mail (1)

D + 2

97 %

95 %

98 %

99 %

98 %

Member State

B

DK

D

EL

E

F (2)

IRL (3)

I

L

NL

A (4)

P

FIN

S

UK

D + 1

92 %

97 %

80 %

82 %

84 %

94 %

87 %

95 %

95 %

95 %

93,2 %

95 %

85 %

92,5 %

Time limit

D + 3

Other

93 %

90 %

98 %

99,5 %

99 %

97 %

98 % (D + 5)

100 % (D + 4)

99,84 % (D + 10)

99,9 % (D + 4)

(1) National measures notified to the Commission as of 18.3.2003. Objectives are for the year 2003 unless otherwise indicated.
(2) Objectives for 2001. Objectives for 2003 not yet established.
(3) Interim objective.
(4) Objectives to be attained in the course of 2004. Objectives for 2002 and 2003 not established as such.

(1) Directive 97/67/EC of the European Parliament and of the Council of 15 December 1997 on common rules for the
development of the internal market of Community postal services and the improvement of quality of service (OJ L
15, 21.1.1998, p. 14). As amended by Directive 2002/39/EC (OJ L 176, 5.7.2002, p. 21).

(2) End-to-end routing is measured from the access point to the network to the point of delivery to the addressee.
(3) The date of deposit to be taken into account shall be the same day as that on which the item is deposited, provided
that deposit occurs before the last collection time from the access point to the network in question (or any other
appropriate time defined by Member States). When deposit takes place after this time limit, the date of deposit to be
taken into consideration will be that of the following day of collection.
Commission Regulation (EC) No 712/2003 of 24 April 2003 fixing the maximum export refund for white sugar to certain third countries for the 28th partial invitation to tender issued within the framework of the standing invitation to tender provided for in Regulation (EC) No 1331/2002
Date: 2003-04-24
Institutions: European Commission
Subjects: award of contract, export, export levy, export refund, marketing, third country, white sugar

25.4.2003

EN

Official Journal of the European Union

L 104/7

COMMISSION REGULATION (EC) No 712/2003

of 24 April 2003

fixing the maximum export refund for white sugar to certain third countries for the 28th partial
invitation to tender issued within the framework of the standing invitation to tender provided for
in Regulation (EC) No 1331/2002

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 1260/2001 of 19
June 2001 on the common organisation of the markets in the
sugar sector (1), as amended by Commission Regulation (EC)
No 680/2002 (2), and in particular Article 27(5) thereof,

(3)

(4)

Following an examination of the tenders submitted in
invitation to tender, the
response to the 28th partial
provisions set out in Article 1 should be adopted.

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

Whereas:

(1)

(2)

Commission Regulation (EC) No 1331/2002 of 23 July
2002 on a standing invitation to tender to determine
levies and/or refunds on exports of white sugar (3), as
amended by Regulation (EC) No 432/2003 (4), for the
2002/2003 marketing year, requires partial
invitations
to tender to be issued for the export of this sugar to
certain third countries.

Pursuant to Article 9(1) of Regulation (EC) No 1331/
2002 a maximum export refund shall be fixed, as the
case may be, account being taken in particular of the
state and foreseeable development of the Community
and world markets in sugar, for the partial invitation to
tender in question.

HAS ADOPTED THIS REGULATION:

Article 1

For the 28th partial invitation to tender for white sugar issued
pursuant
to Regulation (EC) No 1331/2002 the maximum
amount of the export refund to certain third countries is fixed
at 48,143 EUR/100 kg.

Article 2

This Regulation shall enter into force on 25 April 2003.

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

Done at Brussels, 24 April 2003.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 178, 30.6.2001, p. 1.
(2) OJ L 104, 20.4.2002, p. 26.
(3) OJ L 195, 24.7.2002, p. 6.
(4) OJ L 65, 8.3.2003, p. 21.
Commission Regulation (EC) No 724/2003 of 24 April 2003 fixing the maximum reduction in the duty on maize imported in connection with the invitation to tender issued in Regulation (EC) No 698/2003
Date: 2003-04-24
Institutions: European Commission
Subjects: CCT duties, Spain, award of contract, import, maize, tariff reduction, third country

25.4.2003

EN

Official Journal of the European Union

L 104/35

COMMISSION REGULATION (EC) No 724/2003

of 24 April 2003

fixing the maximum reduction in the duty on maize imported in connection with the invitation to
tender issued in Regulation (EC) No 698/2003

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 12(1) thereof,

(3)

(4)

The application of the abovementioned criteria to the
current market situation for the cereal in question results
in the maximum reduction in the import duty being
fixed at the amount specified in Article 1.

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

Whereas:

(1)

(2)

An invitation to tender for the maximum reduction in
the duty on maize imported into Spain from third coun-
tries was opened pursuant to Commission Regulation
(EC) No 698/2003 (3).

Pursuant to Article 5 of Commission Regulation (EC) No
1839/95 (4), as last amended by Regulation (EC) No
2235/2000 (5), the Commission, acting under the proce-
dure laid down in Article 23 of Regulation (EEC) No
1766/92, may decide to fix maximum reduction in the
import duty.
In fixing this maximum the criteria
provided for in Articles 6 and 7 of Regulation (EC) No
1839/95 must be taken into account. A contract
is
awarded to any tenderer whose tender is equal to or less
than the maximum reduction in the duty.

HAS ADOPTED THIS REGULATION:

Article 1

For tenders notified from 22 to 24 April 2003, pursuant to the
invitation to tender issued in Regulation (EC) No 698/2003,
the maximum reduction in the duty on maize imported shall
be 40,50 EUR/t and be valid for a total maximum quantity of
23 047 t.

Article 2

This Regulation shall enter into force on 25 April 2003.

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

Done at Brussels, 24 April 2003.

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 99, 17.4.2003, p. 28.
(4) OJ L 177, 28.7.1995, p. 4.
(5) OJ L 256, 10.10.2000, p. 13.
Commission communication in the framework of the implementation of the Council directive 2000/9/EC (Text with EEA relevance)
Date: 2003-04-24
Institutions: European Commission
Subjects: EC conformity marking, cable transport, carriage of passengers, harmonisation of standards, transport safety

C 97/10

EN

Official Journal of the European Union

24.4.2003

Commission communication in the framework of the implementation of the Council directive
2000/9/EC

(2003/C 97/08)

(Text with EEA relevance)

(Publication of titles and references of harmonised standards under the directive)

ESO (1)

Reference

Title of the standard

Reference document

Reference of the superseded
standard

Date of cessation of
presumption of conformity
of the superseded
standard (2)

CEN

EN 12385-8:2002

CEN

EN 12385-9:2002

Steel wire ropes — Safety — Part 8:
Stranded hauling and carrying-hauling
installations
cableway
ropes
designed to carry persons

for

Steel wire ropes — Safety — Part 9:
Locked coil carrying ropes for cableway
installations designed to carry persons

None

None

—

—

(1) ESO (European standardisation organisation):

— CEN: rue de Stassart/De Stassartstraat 36, B-1050 Brussels; tel. (32-2) 550 08 11, fax (32-2) 550 08 19 (www.cenorm.be),
— Cenelec: rue de Stassart/De Stassartstraat 35, B-1050 Brussels; tel. (32-2) 519 68 71, fax (32-2) 519 69 19 (www.cenelec.org),
— ETSI: 650, route des Lucioles, F-06921 Sophia Antipolis Cedex; tel. (33-4) 92 94 42 00, fax (33-4) 93 65 47 16 (www.etsi.org).

(2) Generally the date of cessation of presumption of conformity will be the date of withdrawal (‘dow’), set by the European Standardisation Organisation, but attention of

users of these standards is drawn to the fact that in certain exceptional cases this can be otherwise.

Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty

Cases where the Commission raises no objections

(2003/C 97/09)

(Text with EEA relevance)

Date of adoption of the decision: 11.12.2002

Member State: Italy

Aid No: N 292/02

The authentic text(s) of the decision from which all confidential
information has been removed, can be found at

http://europa.eu.int/comm/secretariat_general/sgb/state_aids

Title: Risk capital for start-up of innovative enterprises

Date of adoption of the decision: 21.1.2003

Objective: To develop and widen the venture capital market in
Italy and to support innovative enterprises in the start-up phase

Legal basis:

Member State: France

Aid No: NN 136/A/02

Legge 388 del 23.12.2000 (Legge Finanziaria 2001) art. 103
comma 1 e art. 106

Title: Measures in support of the ‘Ecomusée d'Alsace’

Objective: Tourism

DPCM 28.3.2001, artt. 5, 6, 7 e 8

Budget: Approximately EUR 7,3 million

Direttiva prevista da art. 106 L. 388/2000

Aid intensity or amount: Variable

Budget:
million over the next 10 years (EUR 108 million per year)

Initially EUR 180 million (foreseen); EUR 1 150

The authentic text(s) of the decision, from which all confi-
dential information has been removed, can be found at

Duration: 10 years

http://europa.eu.int/comm/secretariat_general/sgb/state_aids
Commission Regulation (EC) No 725/2003 of 24 April 2003 fixing the maximum reduction in the duty on maize imported in connection with the invitation to tender issued in Regulation (EC) No 581/2003
Date: 2003-04-24
Institutions: European Commission
Subjects: CCT duties, Portugal, award of contract, import, maize, tariff reduction, third country

L 104/36

EN

Official Journal of the European Union

25.4.2003

COMMISSION REGULATION (EC) No 725/2003

of 24 April 2003

fixing the maximum reduction in the duty on maize imported in connection with the invitation to
tender issued in Regulation (EC) No 581/2003

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 12(1) thereof,

(3)

(4)

The application of the abovementioned criteria to the
current market situation for the cereal in question results
in the maximum reduction in the import duty being
fixed at the amount specified in Article 1.

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

Whereas:

(1)

(2)

An invitation to tender for the maximum reduction in
the duty on maize imported into Portugal from third
countries was opened pursuant to Commission Regula-
tion (EC) No 581/2003 (3).

Pursuant to Article 5 of Commission Regulation (EC) No
1839/95 (4), as last amended by Regulation (EC) No
2235/2000 (5), the Commission, acting under the proce-
dure laid down in Article 23 of Regulation (EEC) No
1766/92, may decide to fix maximum reduction in the
import duty.
In fixing this maximum the criteria
provided for in Articles 6 and 7 of Regulation (EC) No
1839/95 must be taken into account. A contract
is
awarded to any tenderer whose tender is equal to or less
than the maximum reduction in the duty.

HAS ADOPTED THIS REGULATION:

Article 1

For tenders notified from 18 to 24 April 2003, pursuant to the
invitation to tender issued in Regulation (EC) No 581/2003,
the maximum reduction in the duty on maize imported shall
be 39,98 EUR/t and be valid for a total maximum quantity of
70 253 t.

Article 2

This Regulation shall enter into force on 25 April 2003.

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

Done at Brussels, 24 April 2003.

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 83, 1.4.2003, p. 36.
(4) OJ L 177, 28.7.1995, p. 4.
(5) OJ L 256, 10.10.2000, p. 13.
WRITTEN QUESTION E-1440/03 by Bill Miller (PSE) to the Council. Length of time a person should be made to spend in prison awaiting trial.
Date: 2003-04-24
Institutions: European Parliament, Provisional data
Subjects: EU national, Greece, Scotland, competence of the Member States, criminal law, criminal procedure, imprisonment

26.2.2004

EN

Official Journal of the European Union

C 51 E/93

(2004/C 51 E/104)

WRITTEN QUESTION E-1440/03

by Bill Miller (PSE) to the Council

(24 April 2003)

Subject: Length of time a person should be made to spend in prison awaiting trial

Could the Presidency comment on why a young Scottish man accused and acquitted of rape by a Greek
court (cid:1) in less than one day (cid:1) nevertheless spent almost a year in prison awaiting trial, and was also
refused bail, when the charges were clearly unfounded?

Reply

(29 September 2003)

The Council cannot comment on the handling of individual criminal cases in the Member States.

(2004/C 51 E/105)

WRITTEN QUESTION E-1446/03

by Camilo Nogueira Román (Verts/ALE) to the Council

(24 April 2003)

Subject: The European Union’s position vis-à-vis the United states on administration of Iraq in the post-war

period

As we receive daily reports of the deaths of children, innocent victims of British and US army bombings,
and as journalists are murdered in the exercise of their profession, the Council representatives and the
High Representative for the CFSP are tacitly accepting, without the slightest criticism, the aggressive, illegal
and unjust action taken by the United states and the United Kingdom, submissively agreeing to a
subordinate role for the EU in the administration of Iraq and coming to the help of the victors instead of
demanding unambiguously that full responsibility be conferred on the UN, the only institution with the
necessary legitimacy to carry out such duties.

What are the reasons for this attitude on the part of the Council and the High representative for the CFSP?
Why are they not demanding unambiguously that the UN be given full responsibility, given that the
unilateral action of the United States and the United Kingdom is contrary to international law?

Reply

(7 October 2003)

The Honourable Member might well be aware of the context surrounding the definition of the
1.
position about the legitimacy and appropriateness of military action against Iraq. As regards post-war Iraq
and in particular the question of the role to be played by the UN, it is recalled that both the conclusions of
the Brussels European Council of 20/21 March and the Presidency statement made at the European
Council in Athens on 16 April call for a central role of the UN.

2.
On the occasion of the Council meeting, on 27 May 2003, the Ministers discussed the situation
regarding Iraq. They welcomed the tabling of the draft resolution on Iraq to the UNSC as a step that brings
the debate on the post-conflict situation within the UN framework.