do-me/EUR-LEX huggingface dataset:
Commission communication in the framework of the implementation of Directive 94/25/EC of the European Parliament and of the Council of 16 June 1994 in relation to recreational craft (Text with EEA relevance)
Date: 2003-10-30
Institutions: European Commission
Subjects: European standard, harmonisation of standards, pleasure craft, safety standard, technical specification

30.10.2003

EN

Official Journal of the European Union

C 261/19

Initiation of proceedings

(Case COMP/M.3093 — INA/AIG/SNFA)

(2003/C 261/11)

(Text with EEA relevance)

On 23 October 2003 the Commission decided to initiate proceedings in the abovementioned case after
finding that the notified concentration raises serious doubts as to its compatibility with the common
market. The initiation of proceedings opens a second phase investigation with regard to the notified
concentration. The decision is based on Article 6(1)(c) of Council Regulation (EEC) No 4064/89.

The Commission invites interested third parties to submit their observations on the proposed concen-
tration to the Commission.

In order to be taken fully into account in the procedure, observations should reach the Commission not
later than 15 days following the date of this publication. Observations can be sent to the Commission by
fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference COMP/M.3093 — INA/AIG/SNFA, to:

European Commission,
Competition DG,
Directorate B — Merger Task Force,
J-70,
B-1049 Brussels.

Commission communication in the framework of the implementation of Directive 94/25/EC of the
European Parliament and of the Council of 16 June 1994 in relation to recreational craft (1)

(2003/C 261/12)

(Text with EEA relevance)

(Publication of titles and references of European harmonised standards under the Directive)

ESO (1)

Reference and title of the standard

Reference document

Reference of the
superseded standard

Date of cessation of
presumption of conformity
of the superseded standard
Note 1

CEN

CEN

CEN

Small craft — Liquid-fuelled galley stoves
(ISO 14895:2000)

EN ISO 14895:2003

None

Small craft — Bilge-pumping systems
(ISO 15083:2003)

EN ISO 15083:2003

None

craft — Man-overboard prevention and

Small
recovery (ISO 15085:2003)

EN ISO 15085:2003

None

—

—

—

(1) ESO (European standardisation organisations):

— CEN: rue de Stassart 36, B-1050 Brussels; tel. (32-2) 550 08 11, fax (32-2) 550 08 19 (http://www.cenorm.be)
— Cenelec: rue de Stassart 35, B-1050 Brussels; tel. (32-2) 519 68 71, fax (32-2) 519 69 19 (http://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 (http://www.etsi.org).

Note 1: 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.

(1) OJ L 164, 30.6.1994, p. 15.
Uniform application of the combined nomenclature (CN) (Classification of goods)
Date: 2003-10-30
Institutions: European Commission
Subjects: Combined Nomenclature, chemical product, common customs tariff, dyestuff, meat, offal

C 261/16

EN

Official Journal of the European Union

30.10.2003

UNIFORM APPLICATION OF THE COMBINED NOMENCLATURE (CN)

(Classification of goods)

(2003/C 261/08)

Explanatory notes adopted in accordance with the procedure defined in Article 10 of Council
Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the
Common Customs Tariff (1), as last amended by Regulation (EC) No 2176/2002 (2)

The ‘Explanatory Notes to the combined nomenclature of the European Communities’ (3) are amended as
follows:

Page 24

0210

Meat and edible meat offal, salted, in brine, dried or smoked; edible flours and
meals of meat or meat offal

The existing text of the second paragraph shall be replaced by the following:

‘As regards the terms “dried or smoked” and “salted, in brine”, see Additional Notes 2 (E) and 7 to this
chapter.’

Page 111

2707 99 50

Basic products

Point 2: ‘subheading 2933 39 99’ is to be replaced by: ‘subheading 2933 39’

Page 128

General

Note 1(a)

Point 16: ‘subheading 2933 39 99’ is to be replaced by: ‘subheading 2933 39’

Page 160

3809 91 00
to
3809 93 00

Other

The text of the existing Explanatory Note:

‘These subheadings cover the products and preparations, not containing amylaceous substances, described
in the HS Explanatory Notes to heading 3809, third paragraph, (A), (B) and (C).’

is to be replaced by the following text:

‘These subheadings cover the products and the preparations described in the HS Explanatory Notes to
heading 3809, third paragraph, (A), (B) and (C), only if amylaceous substances do not form the basis of
these products and preparations.’

(1) OJ L 256, 7.9.1987, p. 1.
(2) OJ L 331, 7.12.2002, p. 3.
(3) OJ C 256, 23.10.2002, p. 1.
WRITTEN QUESTION P-3283/03 by Francesco Speroni (NI) to the Commission. Bananas.
Date: 2003-10-30
Institutions: European Parliament, Provisional data
Subjects: marketing standard, preparation for market, quality standard, tropical fruit

27.3.2004

EN

Official Journal of the European Union

C 78 E/255

In relation to question 5 of Written Question E-1022/02, the Commission would like to express that it is
aware that in a number of Member States there are serious shortages of captains. It is confident that on the
basis of the judgements of the Court this situation should be improved via cross-border mobility.

In relation to Written Question E-2069/01 by Mr Martens and others, the Commission would like to
express that, very recently, its attention was drawn to a possible new problem of recognition of diplomas
of masters. On the basis of requested additional information the Commission will assess this issue. If the
Honourable Members have additional information about this aspect, they are invited to send it to the
Commission.

As a follow-up to the judgements of the Court, the Commission intends to monitor closely the
including where appropriate by bringing

3.
correct application of this jurisprudence by Member States,
matters before the Court on the basis of Article 226 of the EC Treaty.

(2004/C 78 E/0255)

WRITTEN QUESTION P-3283/03

by Francesco Speroni (NI) to the Commission

(30 October 2003)

Subject: Bananas

A type of fruit called ‘bananito’ is on the market in Padania (and probably in other places in the EU).
According to the website ‘www.baby-banana.com’ indicated on the packages, this fruit belongs to a species
of banana no greater than ten centimetres in length.

Could the Commission indicate whether or not this type of fruit is governed by Regulation 2257/94 (1)?

(1) OJ L 245, 20.9.1994, p. 6.

Answer given by Mr Fischler on behalf of the Commission

(19 November 2003)

The Commission can inform the Honourable Member that the products to which he refers, the so-called
‘bananitos’ or ‘baby bananas’, are bananas 8 to 12 cm long belonging to the subgroups Sweet Fig (AA) and
Fig Apple and Apple-Prata (AAB). Varieties of these subgroups are not covered by the quality standards set
out in Annex I to Commission Regulation (EC) No 2257/94 of 16 September 1994 laying down quality
standards for bananas. These apply only to bananas of varieties of the Musa (AAA) spp subgroups
Cavendish and Gros Michel. For bananas of other varieties it is only the general foodstuff marketing
requirements that have to be observed (plant and public health standards, labelling rules etc.).

(2004/C 78 E/0256)

WRITTEN QUESTION E-3293/03

by Claude Moraes (PSE) to the Commission

(7 November 2003)

Subject: Structural Funds

Does the Commission keep records or have a breakdown of the amount and type of Structural Funding
allocated to EU constituencies, regions or cities that can be made available to MEPs? Are there, for
example, centrally kept records for such funds for London in the UK, specifically for the London Boroughs
of Islington, Hackney and Waltham Forest?
Commission Regulation (EC) No 1921/2003 of 30 October 2003 fixing production refunds on cereals and rice
Date: 2003-10-30
Institutions: European Commission
Subjects: cereals, production refund, rice

L 283/48

EN

Official Journal of the European Union

31.10.2003

COMMISSION REGULATION (EC) No 1921/2003

of 30 October 2003

fixing production refunds on 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 1104/
2003 (2), and in particular Article 7(3) 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 7(2) thereof,

Having regard to Commission Regulation (EEC) No 1722/93 of
30 June 1993 laying down detailed rules for the arrangements
concerning production refunds
and rice
sectors (5), as last amended by Regulation (EC) No 1786/
2001 (6), and in particular Article 3 thereof,

in the

cereals

Whereas:

tion. The refund thus calculated must be fixed once a
month and may be altered if the price of maize and/or
wheat changes significantly.

The production refunds to be fixed in this Regulation
should be adjusted by the coefficients listed in the Annex
II to Regulation (EEC) No 1722/93 to establish the exact
amount payable.

The Management Committee for Cereals has not deliv-
ered an opinion within the time limit
set by its
chairman,

(2)

(3)

HAS ADOPTED THIS REGULATION:

Article 1

The refund referred to in Article 3(2) of Regulation (EEC) No
1722/93, expressed per tonne of starch extracted from maize,
wheat, barley, oats, potatoes, rice or broken rice, shall be
EUR 0,00/t.

(1)

Regulation (EEC) No 1722/93 establishes the conditions
for granting the production refund. The basis for the
calculation is established in Article 3 of the said Regula-

This Regulation shall enter into force on 31 October 2003.

Article 2

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

Done at Brussels, 30 October 2003.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 181, 1.7.1992, p. 21.
(2) OJ L 158, 27.6.2003, p. 1.
(3) OJ L 329, 30.12.1995, p. 18.
(4) OJ L 62, 5.3.2002, p. 27.
(5) OJ L 159, 1.7.1993, p. 112.
(6) OJ L 242, 12.9.2001, p. 3.
Opinion of the Advisory Committee on concentrations given at the 110th meeting on 14 June 2002 concerning a draft decision relating to Case COMP/M.2650 — Haniel/Cementbouw/JV (CVK) (Text with EEA relevance)
Date: 2003-10-30
Institutions: Advisory Committee on Concentrations, Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: advisory committee (EU), building industry, economic concentration, merger control

30.10.2003

EN

Official Journal of the European Union

C 261/3

Opinion of the Advisory Committee on concentrations given at the 110th meeting on 14 June
2002 concerning a draft decision relating to Case COMP/M.2650 — Haniel/Cementbouw/JV (CVK)

(2003/C 261/03)

(Text with EEA relevance)

1. A majority of the Advisory Committee agrees that the notified operation constitutes a concentration
within the meaning of Article 3(1)(b) of the Merger Regulation and that the notified operation has a
Community dimension as defined in Article 1(2) of the Merger Regulation. A minority abstains.

2. The Advisory Committee agrees with the Commission's definition of the relevant product market as

‘building materials for load-bearing walls’.

3. The Advisory Committee agrees with the Commission's definition of the relevant geographic market as

a national Dutch market.

4. A majority of the Advisory Committee shares the Commission's view that Haniel and Cementbouw
acquired control over CVK by the transaction of August 9, 1999 and that this transaction resulted in a
change in the market structure. A minority abstains.

5. A majority of the Advisory Committee shares the Commission's view that CVK holds a dominant
position in the relevant market and that CVK has been acting independently from its competitors,
customers and consumers since the acquisition. A minority abstains.

6. A majority of the Advisory Committee agrees with the Commission that the commitments as proposed
by the Parties would be sufficient to remove the competition concerns identified by the Commission. A
minority abstains.

7. A majorty of

the operation should be declared
compatible with the common market and the functioning of the EEA-Agreement. A minority abstains.

the Advisory Committee therefore agrees that

8. The Advisory Committee asks the Commission to take account of all other points raised during its
It

the case and in particular the comments on question 5 raised by a minority.

discussion of
recommends the publication of its opinion in the Official Journal of the European Union.
Commission Regulation (EC) No 1906/2003 of 30 October 2003 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2003-10-30
Institutions: European Commission
Subjects: citrus fruit, fruit vegetable, grape, import price, pip fruit, stone fruit

L 283/8

EN

Official Journal of the European Union

31.10.2003

COMMISSION REGULATION (EC) No 1906/2003

of 30 October 2003

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 31 October 2003.

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

Done at Brussels, 30 October 2003.

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.

31.10.2003

EN

Official Journal of the European Union

L 283/9

to the Commission Regulation of 30 October 2003 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 90 70

0805 50 10

0806 10 10

0808 10 20, 0808 10 50, 0808 10 90

0808 20 50

Third country code (1)

Standard import value

(EUR/100 kg)

052
060
096
204
999

052
999

052
204
999

052
204
388
524
528
600
999

052
400
508
999

052
060
064
388
400
404
508
720
800
804
999

052
060
064
720
999

67,9
52,8
52,0
59,7
58,1

133,5
133,5

103,2
73,9
88,6

84,7
84,1
58,4
51,3
82,0
76,5
72,8

102,8
198,0
307,1
202,6

100,2
37,8
43,0
77,2
53,2
83,8
31,9
53,5
165,1
98,6
74,4

108,9
53,7
60,3
43,9
66,7

(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’.
Euro exchange rates
Date: 2003-10-30
Institutions: European Commission
Subjects: euro, exchange rate

30.10.2003

EN

Official Journal of the European Union

C 261/1

I

(Information)

COMMISSION

Euro exchange rates (1)

29 October 2003

(2003/C 261/01)

1 euro =

USD

JPY

DKK

GBP

SEK

CHF

ISK

NOK

BGN

CYP

CZK

EEK

HUF

LTL

Currency

US dollar

Japanese yen

Danish krone

Pound sterling

Swedish krona

Swiss franc

Iceland króna

Norwegian krone

Bulgarian lev

Cyprus pound

Czech koruna

Estonian kroon

Hungarian forint

Lithuanian litas

Exchange
rate

1,1684

126,21

7,4319

0,6858

9,0285

1,5512

88,99

8,212

1,9467

LVL

MTL

PLN

ROL

SIT

SKK

TRL

AUD

CAD

Currency

Latvian lats

Maltese lira

Polish zloty

Romanian leu

Slovenian tolar

Slovak koruna

Turkish lira

Australian dollar

Canadian dollar

0,58353

HKD

Hong Kong dollar

32,155

NZD

New Zealand dollar

15,6466

SGD

Singapore dollar

Exchange
rate

0,6475

0,4267

4,6539

39 245

235,7

41,34

1 776 000

1,6557

1,531

9,0659

1,9048

2,0298

256,11

KRW

South Korean won

1 376,78

3,4526

ZAR

South African rand

8,1365

___________
(1) Source: reference exchange rate published by the ECB.
WRITTEN QUESTION E-3202/03 by Alexandros Alavanos (GUE/NGL) to the Commission. Ban on the use of paraquat.
Date: 2003-10-30
Institutions: European Parliament, Provisional data
Subjects: environmental protection, herbicide, market approval, plant health legislation, public health, toxic substance

13.3.2004

EN

Official Journal of the European Union

C 65 E/273

At this meeting the phasing out of the use of the blowing agent azodicarbonamide as quickly as
technically and legally possible was agreed. To this effect, the Commission will present a draft amendment
of Directive 2002/72/EC (1) (the Plastics Directive) to the Standing Committee on the Food Chain and
Animal Health by the end of 2003.

At the request of the Commission, the Member States will continue to monitor the presence of SEM in
packaged foods,
in particular baby foods, and will report the results to the Commission for onward
transmission to EFSA. On the basis of these results, a re-evaluation will be carried out if needed.

Furthermore, the Commission has asked EFSA to assess, with high priority, the risk of SEM levels currently
reported in various food products and to complete the assessment of the risks posed by semicarbazide
from various origins and in all types of food.

(1) Commission Directive 2002/72/EC of 6 August 2002 relating to plastic materials and articles intended to come into

contact with foodstuffs, OJ L 220, 15.8.2002. Corrigendum, OJ L 39, 13.2.2003.

(2004/C 65 E/287)

WRITTEN QUESTION E-3202/03

by Alexandros Alavanos (GUE/NGL) to the Commission

(30 October 2003)

Subject: Ban on the use of paraquat

At a recent meeting of the Standing Committee on the Food Chain and Animal Health, a Commission
proposal was adopted regarding the use of paraquat as a pesticide. This substance is known to be
exceedingly dangerous and can cause irreversible damage to human health. Given its highly toxic nature,
coupled with the absence of any antidote, it may prove fatal and it is particularly harmful to animals and
birds. In certain Member States the use of paraquat has been prohibited and many non-governmental
organisations have called for a ban on its use both in the EU Member States and in the developing
countries.

Why has the Commission recommended the continued use of such a highly toxic substance? Is it aware
that by authorising the widespread use of paraquat, it will encourage its use in countries where it is already
banned and in developing countries? Will
it reconsider the matter, given the availability of safer
alternatives?

Answer given by Mr Byrne on behalf of the Commission

(18 November 2003)

The Commission would refer the Honourable Member to its answer to written P-3093/03 by Mr Ettl (1).

(1) See page 266.

(2004/C 65 E/288)

WRITTEN QUESTION P-3290/03

by Claude Moraes (PSE) to the Commission

(3 November 2003)

Subject: Work-related illnesses

Could the Commission please give the reasons for its request to Member States to widen their lists of
official work-related illnesses in its 19 September approval of a draft Recommendation on professional
health risks?
Commission Regulation (EC) No 1940/2003 of 30 October 2003 prohibiting fishing for orange roughy by vessels flying the flag of France
Date: 2003-10-30
Institutions: European Commission
Subjects: EU waters, France, fishing rights, sea fish, ship's flag

L 285/32

EN

Official Journal of the European Union

1.11.2003

COMMISSION REGULATION (EC) No 1940/2003

of 30 October 2003

prohibiting fishing for orange roughy by vessels flying the flag of France

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 2847/93 of 12
October 1993 establishing a control system applicable to the
common fisheries policy (1), as last amended by Regulation (EC)
No 806/2003 (2), and in particular Article 21(3) thereof,

Whereas:

(1)

(2)

(3)

Council Regulation (EC) No 2340/2002 of 16 December
2002 fixing for 2003 and 2004 the fishing opportu-
nities for deep-sea fish stocks (3) lays down quotas for
orange roughy for 2003.

In order
to ensure compliance with the provisions
relating to the quantity limits on catches of stocks
subject to quotas, the Commission must fix the date by
which catches made by vessels flying the flag of a
Member State are deemed to have exhausted the quota
allocated.

According to the information received by the Commis-
sion, catches of orange roughy in the waters of ICES
zone VI (Community waters and waters not falling under
the sovereignty or within the jurisdiction of third coun-
tries) by vessels flying the flag of France or registered in
France have exhausted the quota allocated for 2003.

France has prohibited fishing for this stock from 20
October 2003. This date should be adopted in this Regu-
lation also,

HAS ADOPTED THIS REGULATION:

Article 1

Catches of orange roughy in the waters of
ICES zone VI
(Community waters and waters not falling under the sover-
eignty or within the jurisdiction of third countries) by vessels
flying the flag of France or registered in France are hereby
deemed to have exhausted the quota allocated to France for
2003.

Fishing for orange roughy in the waters of
ICES zone VI
(Community waters and waters not falling under the sover-
eignty or within the jurisdiction of third countries) by vessels
flying the flag of France or registered in France is hereby
prohibited, as are the retention on board, transhipment and
landing of this stock caught by the above vessels after the date
of application of this Regulation.

Article 2

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

It shall apply from 20 October 2003.

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

Done at Brussels, 30 October 2003.

For the Commission

Jörgen HOLMQUIST

Director-General for Fisheries

(1) OJ L 261, 20.10.1993, p. 1.
(2) OJ L 122, 16.5.2003, p. 1.
(3) OJ L 356, 31.12.2002, p. 12.