do-me/EUR-LEX huggingface dataset:
Commission Regulation (EC) No 2266/2003 of 19 December 2003 repealing Regulation (EC) No 1119/2003 prohibiting fishing for whiting by vessels flying the flag of the Netherlands
Date: 2003-12-19
Institutions: European Commission
Subjects: Netherlands, fishing area, fishing rights, sea fish, ship's flag

L 336/22

EN

Official Journal of the European Union

23.12.2003

COMMISSION REGULATION (EC) No 2266/2003

of 19 December 2003

repealing Regulation (EC) No 1119/2003 prohibiting fishing for whiting by vessels flying the flag
of the Netherlands

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)

Commission Regulation (EC) No 1119/2003 (3) prohibits
fishing for whiting in the waters of ICES division VII b
to k by vessels flying the flag of the Netherlands or regis-
tered in the Netherlands.

On 23 June 2003 the United Kingdom transferred to the
Netherlands 100 tonnes of whiting quota in the waters
of ICES division VII b to k. Fishing for whiting in the

waters of ICES division VII b to k by vessels flying the
flag of the Netherlands or registered in the Netherlands
should consequently be authorised. Regulation (EC) No
1119/2003 should therefore be repealed,

HAS ADOPTED THIS REGULATION:

Article 1

Commission Regulation (EC) No 1119/2003 is hereby repealed.

Article 2

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

It shall apply from 27 June 2003.

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

Done at Brussels, 19 December 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 158, 27.6.2003, p. 43.
Commission Regulation (EC) No 2253/2003 of 19 December 2003 fixing the production refund for olive oil used in the manufacture of certain preserved foods
Date: 2003-12-19
Institutions: European Commission
Subjects: cannery, olive oil, production refund

L 333/46

EN

Official Journal of the European Union

20.12.2003

COMMISSION REGULATION (EC) No 2253/2003

of 19 December 2003

fixing the production refund for olive oil used in the manufacture of certain preserved foods

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation No 136/66/EEC of 22
September 1966 on the establishment of a common organisa-
tion of the market in oils and fats (1), as last amended by Regu-
lation (EC) No 1513/2001 (2), and in particular Article 20a
thereof,

Whereas:

(1)

(2)

Article 20a of Regulation No 136/66/EEC provides for
the granting of a production refund for olive oil used in
the preserving industry. Pursuant to paragraph 6 of that
Article, and without prejudice to paragraph 3 thereof,
the Commission shall fix this refund every two months.

By virtue of Article 20a(2) of the abovementioned Regu-
lation, the production refund must be fixed on the basis
of the gap between prices on the world market and on
the Community market, taking account of the import
falling within CN
to olive oil
charge

applicable

subheading 1509 90 00 and the factors used for fixing
the export refunds for those olive oils during the refer-
ence period.
It is appropriate to take as a reference
period the two-month period preceding the beginning of
the term of validity of the production refund.

(3)

The application of the above criteria results in the refund
being fixed as shown below,

HAS ADOPTED THIS REGULATION:

Article 1

For the months of January and February 2004, the amount of
the production refund referred to in Article 20a(2) of Regu-
lation No 136/66/EEC shall be EUR 44,00/100 kg.

Article 2

This Regulation shall enter into force on 1 January 2004.

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

Done at Brussels, 19 December 2003.

For the Commission

J. M. SILVA RODRÍGUEZ

Agriculture Director-General

(1) OJ 172, 30.9.1966, p. 3025/66.
(2) OJ L 201, 26.7.2001, p. 4.
Commission Regulation (EC) No 2267/2003 of 19 December 2003 prohibiting fishing for blue ling by vessels flying the flag of Germany
Date: 2003-12-19
Institutions: European Commission
Subjects: Germany, fishing area, fishing rights, sea fish, ship's flag

23.12.2003

EN

Official Journal of the European Union

L 336/23

COMMISSION REGULATION (EC) No 2267/2003

of 19 December 2003

prohibiting fishing for blue ling by vessels flying the flag of Germany

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
blue ling 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 blue ling in the waters of ICES divisions
II, IV and V (EC waters and waters not falling under the
sovereignty or within the jurisdiction of third countries),
by vessels flying the flag of Germany or registered in
Germany have exhausted the quota allocated for 2003.

Germany has prohibited fishing for this stock from 3
December 2003. This date should consequently be
adopted in this Regulation,

HAS ADOPTED THIS REGULATION:

Article 1

Catches of blue ling in the waters of ICES divisions II, IV and V
(EC waters and waters not falling under the sovereignty or
within the jurisdiction of third countries), by vessels flying the
flag of Germany or registered in Germany are hereby deemed
to have exhausted the quota allocated to Germany for 2003.

Fishing for blue ling in the waters of ICES divisions II, IV and V
(EC waters and waters not falling under the sovereignty or
within the jurisdiction of third countries), by vessels flying the
flag of Germany or registered in Germany 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 3 December 2003.

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

Done at Brussels, 19 December 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. 1.
Commission Regulation (EC) No 2249/2003 of 19 December 2003 fixing the maximum export refund on wholly milled and parboiled long grain B rice to certain third countries in connection with the invitation to tender issued in Regulation (EC) No 1877/2003
Date: 2003-12-19
Institutions: European Commission
Subjects: award of contract, export, export restriction, rice, third country

L 333/42

EN

Official Journal of the European Union

20.12.2003

COMMISSION REGULATION (EC) No 2249/2003

of 19 December 2003

fixing the maximum export refund on wholly milled and parboiled long grain B rice to certain
third countries in connection with the invitation to tender issued in Regulation (EC) No 1877/
2003

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 Commission Regulation (EC) No
411/2002 (2), and in particular Article 13(3) thereof,

(3)

(4)

The application of the abovementioned criteria to the
current market situation for the rice in question results
in the maximum export
the
amount specified in Article 1.

refund being fixed at

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

Whereas:

(1)

(2)

An invitation to tender for the export refund on rice was
issued pursuant
to Commission Regulation (EC) No
1877/2003 (3).

Article 5 of Commission Regulation (EEC) No 584/
75 (4), as last amended by Regulation (EC) No 1948/
2002 (5), allows the Commission to fix,
in accordance
with the procedure laid down in Article 22 of Regu-
lation (EC) No 3072/95 and on the basis of the tenders
submitted, a maximum export refund.
In fixing this
maximum, the criteria provided for in Article 13 of
Regulation (EC) No 3072/95 must be taken into
account. A contract is awarded to any tenderer whose
tender is equal to or less than the maximum export
refund.

HAS ADOPTED THIS REGULATION:

Article 1

The maximum export refund on wholly milled and parboiled
long grain B rice to be exported to certain third countries
pursuant to the invitation to tender issued in Regulation (EC)
No 1877/2003 is hereby fixed on the basis of the tenders
submitted from 15 to 18 December 2003 at 287,00 EUR/t.

Article 2

This Regulation shall enter into force on 20 December 2003.

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

Done at Brussels, 19 December 2003.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 329, 30.12.1995, p. 18.
(2) OJ L 62, 5.3.2002, p. 27.
(3) OJ L 275, 25.10.2003, p. 20.
(4) OJ L 61, 7.3.1975, p. 25.
(5) OJ L 299, 1.11.2002, p. 18.
Commission Regulation (EC) No 2242/2003 of 19 December 2003 determining the extent to which applications lodged in December 2003 for import licences for certain poultrymeat products under the regime provided for in Council Regulation (EC) No 774/94 opening and providing for the administration of certain Community tariff quotas for poultrymeat and certain other agricultural products can be accepted
Date: 2003-12-19
Institutions: European Commission
Subjects: agricultural product, import licence, poultrymeat, tariff quota

20.12.2003

EN

Official Journal of the European Union

L 333/13

COMMISSION REGULATION (EC) No 2242/2003

of 19 December 2003

determining the extent to which applications lodged in December 2003 for import licences for
certain poultrymeat products under the regime provided for in Council Regulation (EC) No 774/94
opening and providing for the administration of certain Community tariff quotas for poultrymeat
and certain other agricultural products can be accepted

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty establishing the European
Community,

Having regard to Commission Regulation (EC) No 1431/94 of
22 June 1994, laying down detailed rules for the application in
the poultrymeat sector of the import arrangements provided
for
in Council Regulation (EC) No 774/94 opening and
providing for the administration of certain Community tariff
agricultural
and
quotas
products (1), as last amended by Regulation (EC) No 1043/
2001 (2), and in particular Article 4(4) thereof,

for poultrymeat

certain other

Whereas:

The applications for import licences lodged for the period 1
January to 31 March 2004 are greater than the quantities avail-
able and must therefore be reduced by a fixed percentage to
ensure a fair distribution,

Article 1

1.
Applications for import licences for the period 1 January
to 31 March 2004 submitted under Regulation (EC) No 1431/
94 shall be met as referred to in the Annex to this Regulation.

Applications for import licences for the period 1 April to
2.
30 June 2004 may be lodged pursuant to Regulation (EC) No
1431/94 for the total quantity as referred to in the Annex to
this Regulation.

Article 2

This Regulation shall enter into force on 1 January 2004.

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

Done at Brussels, 19 December 2003.

For the Commission

J. M. SILVA RODRÍGUEZ

Agriculture Director-General

(1) OJ L 156, 23.6.1994, p. 9.
(2) OJ L 145, 31.5.2001, p. 24.

L 333/14

EN

Official Journal of the European Union

20.12.2003

ANNEX

Group No

Percentage of acceptance of import
certificates submitted for the period 1
January to 31 March 2004

Total quantity available for the period 1
April to 30 June 2004
(t)

1

2

3

4

5

1,55

1,55

1,58

1,79

2,19

1 775,00

1 275,00

825,00

450,00

175,00
Commission Decision of 19/12/2003 declaring a concentration to be compatible with the common market (Case No COMP/M.3289 - INTERBREW / SPATEN-FRANZISKANER) according to Council Regulation (EEC) No 4064/89 (Only the English text is authentic)
Date: 2003-12-19
Institutions: Directorate-General for Competition, European Commission
Subjects: beverage industry, economic concentration, exchange of information, merger control

3.4.2004

EN

Official Journal of the European Union

C 84/21

Non-opposition to a notified concentration

(Case COMP/M.3289 — Interbrew/Spaten-Franziskaner)

(2004/C 84/11)

(Text with EEA relevance)

On 19 December 2003, the Commission decided not to oppose the above notified concentration and to
declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council
Regulation (EEC) No 4064/89. The full text of the decision is only available in English and will be
made public after it is cleared of any business secrets it may contain. It will be available:

— as a paper version through the sales offices of the Office for Official Publications of the European

Communities (see list on the last page),

— in electronic form in the ‘CEN’ version of the CELEX database, under document No 303M3289. CELEX

is the computerised documentation system of European Community law.

For more information concerning subscriptions please contact:

EUR-OP,
Information, Marketing and Public Relations,
2, rue Mercier,
L-2985 Luxembourg.
Tel. (352) 29 29 427 18, fax (352) 29 29 427 09.

Non-opposition to a notified concentration

(Case COMP/M.3372 — Carlsberg/Holsten)

(2004/C 84/12)

(Text with EEA relevance)

On 16 March 2004, the Commission decided not to oppose the above notified concentration and to
declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council
Regulation (EEC) No 4064/89. The full text of the decision is only available in English and will be
made public after it is cleared of any business secrets it may contain. It will be available:

— as a paper version through the sales offices of the Office for Official Publications of the European

Communities (see list on the last page),

— in electronic form in the ‘CEN’ version of the CELEX database, under document No 304M3372. CELEX

is the computerised documentation system of European Community law.

For more information concerning subscriptions please contact:

EUR-OP,
Information, Marketing and Public Relations,
2, rue Mercier,
L-2985 Luxembourg.
Tel. (352) 29 29 427 18, fax (352) 29 29 427 09.
Commission Regulation (EC) No 2248/2003 of 19 December 2003 prohibiting fishing for plaice by vessels flying the flag of Belgium
Date: 2003-12-19
Institutions: European Commission
Subjects: Belgium, catch quota, fishing area, fishing rights, sea fish, ship's flag

20.12.2003

EN

Official Journal of the European Union

L 333/41

COMMISSION REGULATION (EC) No 2248/2003

of 19 December 2003

prohibiting fishing for plaice by vessels flying the flag of Belgium

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 2341/2002 of 20 December
2002 fixing for 2003 the fishing opportunities and asso-
ciated conditions for certain fish stocks and groups of
fish stocks, applicable in Community waters and, for
Community vessels, in waters where limitations in catch
are required (3), as last amended by Commission Regu-
lation (EC) No 1754/2003 (4),
lays down quotas for
plaice 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 plaice in the waters of ICES division
VIIa, by vessels flying the flag of Belgium or registered in

Belgium have exhausted the quota allocated for 2003.
Belgium has prohibited fishing for this stock from 6
December 2003. This date should be adopted in this
Regulation also,

HAS ADOPTED THIS REGULATION:

Article 1

Catches of plaice in the waters of ICES division VIIa, by vessels
flying the flag of Belgium or registered in Belgium are hereby
deemed to have exhausted the quota allocated to Belgium for
2003.

Fishing for plaice in the waters of ICES division VIIa, by vessels
flying the flag of Belgium or registered in Belgium 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 6 December 2003.

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

Done at Brussels, 19 December 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.
(4) OJ L 252, 4.10.2003, p. 1.
Commission Regulation (EC) No 2265/2003 of 19 December 2003 prohibiting fishing for common sole by vessels flying the flag of Germany
Date: 2003-12-19
Institutions: European Commission
Subjects: Germany, fishing area, fishing rights, sea fish, ship's flag

23.12.2003

EN

Official Journal of the European Union

L 336/21

COMMISSION REGULATION (EC) No 2265/2003

of 19 December 2003

prohibiting fishing for common sole by vessels flying the flag of Germany

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 2341/2002 of 20 December
2002 fixing for 2003 the fishing opportunities and asso-
ciated conditions for certain fish stocks and groups of
fish stocks, applicable in Community waters and, for
Community vessels, in waters where limitations in catch
are required (3), as last amended by Commission Regu-
lation (EC) No 1754/2003 (4),
lays down quotas for
common sole 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 common sole in the waters of ICES divi-
sion Skagerrak and Kattegat IIIb,c and d (EC waters), by

vessels flying the flag of Germany or registered in
Germany have exhausted the quota allocated for 2003.
Germany has prohibited fishing for this stock from 21
November 2003. This date should be adopted in this
Regulation also,

HAS ADOPTED THIS REGULATION:

Article 1

Catches of common sole in the waters of
ICES division
Skagerrak and Kattegat IIIb,c and d (EC waters), by vessels
flying the flag of Germany or registered in Germany are hereby
deemed to have exhausted the quota allocated to Germany for
2003.

Fishing for common sole in the waters of
ICES division
Skagerrak and Kattegat IIIb,c and d (EC waters), by vessels
flying the flag of Germany or registered in Germany 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 21 November 2003.

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

Done at Brussels, 19 December 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.
(4) OJ L 252, 4.10.2003, p. 1.
Action brought on 19 December 2003 by the EFTA Surveillance Authority against the Kingdom of Norway (Case E-4/03)
Date: 2003-12-19
Institutions: EFTA Surveillance Authority
Subjects: EFTA Court, Norway, action for failure to fulfil an obligation, approval, machinery, technical standard

C 51/4

EN

Official Journal of the European Union

26.2.2004

1. The term ‘trade regime’ in Article 7 of Protocol 9 to the EEA Agreement and its Appendix 3 does not
extend to the rules of origin contained in the Free Trade Agreement between the European Economic
Community and the Republic of Iceland, signed on 22 July 1972. The rules of origin contained in
Protocol 4 to the EEA Agreement therefore apply.

2. Defrosting, heading, filleting, boning, trimming, salting and packing of fish frozen whole that was
imported from outside the EEA does not constitute sufficient working and processing within the
meaning of Protocol 4 to the EEA Agreement in order for the products to obtain EEA originating
status.

Action brought on 19 December 2003 by the EFTA Surveillance Authority against the Kingdom of
Norway (Case E-4/03)

(2004/C 51/05)

An action against the Kingdom of Norway was brought before the EFTA Court on 19 December 2003 by
the EFTA Surveillance Authority, represented by Niels Fenger, Director and Arne Torsten Andersen,
Officer, Legal and Executive Affairs Directorate, acting as Agents of the EFTA Surveillance Authority,
74, Rue de Trèves, B-1040 Brussels.

The applicant claims that the Court should:

1. Declare that, by adopting Regulation of 28 August 1998 No 853 regarding type approval of gaming
machines (Forskrift av 28. august 1998 nr. 853 om typegodkjenning av gevinstautomater) without
notifying the EFTA Surveillance Authority at the drafting stage, the Kingdom of Norway has failed to
fulfil its obligation under Article 8 of the Act referred to at point 1 of Chapter XIX of Annex II to the
Agreement on the European Economic Area, Directive 98/34/EC of the European Parliament and of the
Council of 22 June 1998 laying down a procedure for the provision of information in the field of
technical standards and regulations, as amended and adapted to the EEA Agreement by Protocol 1
thereto; and

2. Order the Kingdom of Norway to pay the costs of the proceedings.

Legal and factual background and pleas in law adduced in support:

— Article 8 of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying
down a procedure for the provision of information in the field of technical standards and regulations,
as amended (the ‘Act’), obliges Norway to immediately communicate to the EFTA Surveillance
Authority any draft technical regulation.

— Except in special cases referred to in Article 8 of the Act, Article 9 of the Act requires the EFTA States
to postpone adoption of technical regulations for a period of three months subsequent to its notifi-
cation to the Authority.