do-me/EUR-LEX huggingface dataset:
Decision of the EEA Joint Committee No 15/2004 of 6 February 2004 amending Annex XXII (Company Law) to the EEA Agreement
Date: 2004-02-06
Institutions: EEA Joint Committee
Subjects: European Economic Area, European cooperative, agreement (EU), legal status

L 116/68

EN

Official Journal of the European Union

22.4.2004

DECISION OF THE EEA JOINT COMMITTEE

No 15/2004

of 6 February 2004

amending Annex XXII (Company Law) to the EEA Agreement

THE EEA JOINT COMMITTEE,

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

Whereas:

(1)

(2)

Annex XXII to the Agreement was amended by Decision of the EEA Joint Committee No 176/2003
of 5 December 2003 (1).

Council Regulation (EC) No 1435/2003 of 22 July 2003 on the Statute for a European Cooperative
Society (SCE) (2) is to be incorporated into the Agreement,

HAS DECIDED AS FOLLOWS:

Article 1

The following point shall be inserted after point 10b (Regulation (EC) No 1606/2002 of the European
Parliament and of the Council) of Annex XXII to the Agreement:

‘10c. 32003 R 1435: Council Regulation (EC) No 1435/2003 of 22 July 2003 on the Statute for a

European Cooperative Society (SCE) (OJ L 207, 18.8.2003, p. 1).’

The texts of Regulation (EC) No 1435/2003 in the Icelandic and Norwegian languages, to be published in
the EEA Supplement to the Official Journal of the European Union, shall be authentic.

Article 2

Article 3

This Decision shall enter into force on 7 February 2004, provided that all the notifications pursuant to
Article 103(1) of the Agreement have been made to the EEA Joint Committee (*).

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

Article 4

Done at Brussels, 6 February 2004.

For the EEA Joint Committee

The President

P. WESTERLUND

(1) OJ L 88, 25.3.2004, p. 53.
(2) OJ L 207, 18.8.2003, p. 1.
(*) Constitutional requirements indicated.
Decision of the EEA Joint Committee No 6/2004 of 6 February 2004 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement
Date: 2004-02-06
Institutions: EEA Joint Committee
Subjects: European Economic Area, agreement (EU), approximation of laws, cosmetic product, environmental protection, labelling, national implementing measure, product life

L 116/50

EN

Official Journal of the European Union

22.4.2004

DECISION OF THE EEA JOINT COMMITTEE

No 6/2004

of 6 February 2004

amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agree-
ment

THE EEA JOINT COMMITTEE,

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

Whereas:

(1)

(2)

(3)

Annex II to the Agreement was amended by Decision of the EEA Joint Committee No 149/2003 of
7 November 2003 (1).

Commission Directive 2003/80/EC of 5 September 2003 establishing a symbol
indicating the
durability of cosmetic products in Annex VIIIa to Council Directive 76/768/EEC (2) is to be incorpo-
rated into the Agreement.

Commission Directive 2003/83/EC of 24 September 2003 adapting to technical progress Annexes
II, III and VI to Council Directive 76/768/EEC on the approximation of the laws of the Member
States relating to cosmetic products (3) is to be incorporated into the Agreement,

HAS DECIDED AS FOLLOWS:

Article 1

The following points shall be inserted after point 11 (Commission Directive 2000/41/EC) in Chapter XVI
of Annex II to the Agreement:

‘12. 32003 L 0080: Commission Directive 2003/80/EC of 5 September 2003 establishing a symbol
indicating the durability of cosmetic products in Annex VIIIa to Council Directive 76/768/EEC
(OJ L 224, 6.9.2003, p. 27).

13. 32003 L 0083: Commission Directive 2003/83/EC of 24 September 2003 adapting to technical
progress Annexes II, III and VI to Council Directive 76/768/EEC on the approximation of the
laws of the Member States relating to cosmetic products (OJ L 238, 25.9.2003, p. 23).’

The texts of Directives 2003/80/EC and 2003/83/EC in the Icelandic and Norwegian languages, to be
published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.

Article 2

This Decision shall enter into force on 7 February 2004, provided that all the notifications pursuant to
Article 103(1) of the Agreement have been made to the EEA Joint Committee (*).

Article 3

(1) OJ L 41, 12.2.2004, p. 37.
(2) OJ L 224, 6.9.2003, p. 27.
(3) OJ L 238, 25.9.2003, p. 23.
(*) No constitutional requirements indicated.

22.4.2004

EN

Official Journal of the European Union

L 116/51

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

Article 4

Done at Brussels, 6 February 2004.

For the EEA Joint Committee

The President

P. WESTERLUND
Withdrawal of notification of a concentration (Case COMP/M.3336 — Cofinoga/Quelle/CDGP) (Text with EEA relevance)
Date: 2004-02-06
Institutions: European Commission
Subjects: consumer credit, distance selling, economic concentration, insurance occupation, merger control

6.2.2004

EN

Official Journal of the European Union

C 33/9

NOTICE TO IMPORTERS

Imports of sugar into the Community from Serbia and Montenegro

(2004/C 33/04)

The European Commission reminds importers of the notice to importers published in the Official Journal of
the European Communities C 152 of 26.6.2002, p. 14. Community operators were thereby informed that
there was reasonable doubt as to the proper application of the preferential arrangements for sugar of
headings CN 1701 and CN 1702, which was declared at import as originating in the countries of the
western Balkans in order to benefit from preferential tariff measures.

The preferential arrangements provided for in Council Regulation (EC) No 2007/2000 for sugar of CN
codes 1701 and 1702 imported from Serbia and Montenegro were suspended for a period of three months
by Commission Regulation (EC) No 764/2003. This suspension was extended for an additional period of
six months by Commission Regulation (EC) No 1343/2003. The suspension measure was decided on the
basis of findings that the system of certification and control of the preferential origin of sugar did not
allow the competent authorities of this beneficiary country to verify the originating status of the products
and to provide administrative cooperation as required for the verification of evidence of origin.

The deficiencies identified in Serbia and Montenegro's system of certification and control of preferential
origin persist to date. The Commission therefore informs operators that it may decide to extend the
current suspension beyond its expiry date of 7 February 2004.

The present notice to importers replaces the one published in the Official Journal of the European Union
C 177 of 26.7.2003, p. 2.

Withdrawal of notification of a concentration

(Case COMP/M.3336 — Cofinoga/Quelle/CDGP)

(2004/C 33/05)

(Text with EEA relevance)

On 22 December 2003 the Commission of the European Communities received notification of a proposed
concentration between Cofinoga, France belonging to the group Galeries Lafayette and Quelle SAS, France,
belonging to the German group Karstadt Quelle. On 28 January 2004 the notifying parties informed the
Commission that they withdrew their notification.
Commission Regulation (EC) No 211/2004 of 6 February 2004 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2004-02-06
Institutions: European Commission
Subjects: agri-monetary policy, citrus fruit, fruit vegetable, import price, perennial vegetable, pip fruit

7.2.2004

EN

Official Journal of the European Union

L 36/1

I

(Acts whose publication is obligatory)

COMMISSION REGULATION (EC) No 211/2004

of 6 February 2004

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,

Having regard to Commission Regulation (EC) No 3223/94 of
21 December 1994 on detailed rules for the application of the
import arrangements for fruit and vegetables (1), and in particu-
lar Article 4(1) thereof,

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.

(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,

HAS ADOPTED THIS REGULATION:

Article 1

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

Article 2

This Regulation shall enter into force on 7 February 2004.

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

Done at Brussels, 6 February 2004.

For the Commission

J. M. SILVA RODRÍGUEZ

Agriculture Director-General

(1) OJ L 337, 24.12.1994, p. 66. Regulation as last amended by Regu-

lation (EC) No 1947/2002 (OJ L 299, 1.11.2002, p. 17).

L 36/2

EN

Official Journal of the European Union

7.2.2004

to the Commission Regulation of 6 February 2004 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
212
999

052
204
220
999

204
220
999

052
204
999

052
204
212
220
400
624
999

052
204
999

052
204
220
464
600
624
999

052
600
999

052
060
400
404
512
528
720
999

060
388
400
528
720
999

115,6
57,0
129,8
100,8

129,4
37,1
204,2
123,6

13,5
13,5
13,5

111,0
39,0
75,0

50,1
47,3
43,2
49,5
44,5
54,9
48,3

71,8
93,1
82,5

71,0
97,9
76,9
71,3
76,8
75,9
78,3

73,5
58,8
66,2

65,0
61,0
80,5
88,8
73,4
93,3
56,4
74,1

66,7
92,7
86,5
77,2
34,5
71,5

(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 P-0387/04 by Yves Butel (EDD) to the Commission. Wind turbines.
Date: 2004-02-06
Institutions: European Parliament, Provisional data
Subjects: countryside conservation, energy policy, environmental impact, environmental protection, hunting regulations, impact study, social analysis, wind energy

C 84 E/386

Official Journal of the European Union

EN

3.4.2004

(2004/C 84 E/0448)

WRITTEN QUESTION P-0387/04

by Yves Butel (EDD) to the Commission

(6 February 2004)

Subject: Wind turbines

In France, the planned proliferation of wind turbines in rural and natural areas raises the question of
whether they are compatible with the environment, public safety and the upkeep of traditional customs,
including hunting.

It would appear that ‘buffer zones’ of 500 m to 1 km are being advocated, in which hunting, in particular,
would be prohibited (in Germany, for example).

Are there examples in Europe of hunting practices that have been prohibited because of the presence of
wind turbines? What reasons were given?

Has the Commission produced a study of the socio-cultural consequences and the consequences for the
countryside of the European policy of promoting this form of energy?

Answer given by Mrs Wallström on behalf of the Commission

(12 March 2004)

The Commission is not aware of examples in Europe where hunting practices have been prohibited
because of the presence of wind turbines.

The Commission’s position in relation to the development of wind farms in environmentally sensitive
areas,
is outlined in its response to Written Question P-0339/04 by
Mr Bernié (1).

including Natura 2000 areas,

Restrictions in hunting within a buffer zone around wind turbines exclusively in response to these
developments would not appear to be a measure justified on nature conservation grounds but may be due
to other human health and safety considerations.

The Community has not produced a global study of socio-cultural consequences and the consequences for
the countryside but the Community programmes require that the projects funded in the field of renewable
energy in general, and of the wind energy sector in particular, provide an impact assessment under social,
economic and environmental aspects.

(1) See page 365.

(2004/C 84 E/0449)

WRITTEN QUESTION E-0391/04

by Alexander de Roo (Verts/ALE) to the Commission

(12 February 2004)

Subject: Hair dye and cancer risks

Many women over the age of 45 and a growing minority of men over the age of 45 dye their hair
regularly. New American research (published in the American Journal of Epidemiology, January 2004)
shows that women who started dyeing their hair before 1980 have a 40 % higher chance of contracting
Non-Hodgkin’s Lymphoma, a malignant disease of the lymphatic system.

In 2002 American researchers (University of Southern California) had already ascertained that regularly
dyeing the hair led to a doubling in the risk of bladder cancer. The substances in hair dye also cause a
higher incidence of cancer of the uterus.
Commission Regulation (EC) No 219/2004 of 6 February 2004 concerning tenders submitted in response to the invitation to tender for the export to certain third countries of wholly milled round grain A rice issued in Regulation (EC) No 1875/2003
Date: 2004-02-06
Institutions: European Commission
Subjects: award of contract, export refund, rice, third country

7.2.2004

EN

Official Journal of the European Union

L 36/17

COMMISSION REGULATION (EC) No 219/2004

of 6 February 2004

concerning tenders submitted in response to the invitation to tender for the export to certain
third countries of wholly milled round grain A rice issued in Regulation (EC) No 1875/2003

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,

Whereas:

(1)

(2)

An invitation to tender for the export refund on rice was
issued under Commission Regulation (EC) No 1875/
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 decide,
in accord-
ance with the procedure laid down in Article 22 of
Regulation (EC) No 3072/95 and on the basis of the
tenders submitted, to make no award.

(3)

(4)

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

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

HAS ADOPTED THIS REGULATION:

Article 1

No action shall be taken on the tenders submitted from 2 to 5
February 2004 in response to the invitation to tender for the
export refund on wholly milled round grain A rice to certain
third countries issued in Regulation (EC) No 1875/2003.

This Regulation shall enter into force on 7 February 2004.

Article 2

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

Done at Brussels, 6 February 2004.

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. 14.
(4) OJ L 61, 7.3.1975, p. 25.
(5) OJ L 299, 1.11.2002, p. 18.
WRITTEN QUESTION E-0292/04 by Esko Seppänen (GUE/NGL) to the Commission. Ship-building in Italy.
Date: 2004-02-06
Institutions: European Parliament, Provisional data
Subjects: Italy, State aid, control of State aid, shipbuilding

3.4.2004

EN

Official Journal of the European Union

C 84 E/567

(2004/C 84 E/0644)

WRITTEN QUESTION E-0292/04

by Esko Seppänen (GUE/NGL) to the Commission

(6 February 2004)

Subject: Ship-building in Italy

In Trieste, Italy, in recent years, shipyard capacity has increased substantially and orders have been received
for ships in a way which prompts observers to suspect that operators there may have received State
shipyard subsidies in a manner which differs from the practice in other EU Member States and on more
favourable terms. Has the Commission investigated whether the Italian State is paying shipyard subsidies
on the same basis as other EU Member States, or whether different, more favourable conditions apply
there? If
this distorts both competition in shipbuilding and
subcontracting of work on ships.

the conditions are more favourable,

Answer given by Mr Monti on behalf of the Commission

(17 March 2004)

In the EU, the aid to ship-building is regulated, since 1 January 2004, by the Framework on State aid to
shipbuilding (1) that replaced Council Regulation (EC) No 1540/98 of 29 June 1998 establishing new rules
on aid to shipbuilding (expired on 31 December 2003) (2).

Italy has adopted a number of schemes based on the (EC) No 1540/98 Shipbuilding Regulation. These
schemes were notified and approved by the Commission.

The Commission is not aware of any unwarranted applications or any illegal aid granted by the Italian
State to the ship-building companies.

(1) OJ C 317, 30.12.2003.
(2) OJ L 202, 18.7.1998.

(2004/C 84 E/0645)

WRITTEN QUESTION E-0296/04

by Theresa Villiers (PPE-DE) to the Commission

(6 February 2004)

Subject: Interim procedure on state aids paid in accession countries

The competition chapter of the Accession Treaty provides for an interim procedure to be applied to state
aids paid in acceding countries prior to their accession, which focuses on whether aid is ‘applicable after
accession’.

In view of the number and complexity of the state aid cases, could the Commission please specify:

1. How will

it assess the criteria of applicability and,

in the absence of any definition, would the
Commission agree that it should be consistent with the plain meaning of the term? In this context,
would the Commission agree, for example, that a guaranty outstanding at accession, or post-accession
instalment payments of operating aid promised pre-accession, is ‘applicable’?

2. How can it ensure that its interpretation of ‘applicable after accession’ is neither too broad nor too
narrow, as this would greatly impact upon the number of distortive state aid measures to be reviewed
by the Commission under the Interim Procedure?

3. What criteria and conditions will it employ in deciding whether a state aid is still applicable after
accession? In particular, under what circumstances does the Commission consider aid granted to
individual companies to be ‘still applicable after accession’?
2004/121/EC: Commission Decision of 6 February 2004 adjusting the thresholds referred to in Article 157(b) and Article 158(1)(a) and (c) of Regulation (EC, Euratom) No 2342/2002 laying down detailed rules for the implementation of the Financial Regulation
Date: 2004-02-06
Institutions: European Commission
Subjects: financial regulation, implementation of the budget, public contract

L 36/58

EN

Official Journal of the European Union

7.2.2004

COMMISSION DECISION

of 6 February 2004

adjusting the thresholds referred to in Article 157(b) and Article 158(1)(a) and (c) of Regulation
(EC, Euratom) No 2342/2002 laying down detailed rules for the implementation of the Financial
Regulation

(2004/121/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying
down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the
Financial Regulation applicable to the general budget of the European Communities (1), and in particular
Article 271 thereof,

Whereas:

(1)

(2)

Article 271(2) stipulates that the thresholds applicable to public procurement contracts are to be
adjusted every two years pursuant to the provisions of the directives on the coordination of public
procurement procedures.

The euro equivalents of the thresholds, fixed in SDR (2) in the directives, which are to be applied
from 1 January 2004 have been published in the Official Journal (3),

HAS DECIDED AS FOLLOWS:

Article 1

The euro equivalents of the thresholds applicable to public procurement contracts shall be adjusted as set
out below, with effect from 1 January 2004:

Two-yearly adjustment

Threshold at 1.1.2003

Threshold at 1.1.2004

Article 157(b)

Article 158(1)(a)

Article 158(1)(c)

EUR 6 242 028

EUR 5 923 624

EUR 162 293

EUR 154 014

EUR 6 242 028

EUR 5 923 624

This Decision shall enter into force on the day of its publication in the Official Journal of the European
Union. It shall be notified to the other institutions and bodies by the Commission's accounting officer.

Article 2

Done at Brussels, 6 February 2004.

For the Commission

Michaele SCHREYER

Member of the Commission

(1) OJ L 357, 31.12.2002, p. 1.
(2) Special drawing rights.
(3) OJ C 309, 19.12.2003, p. 14.
Notice to importers — Imports of sugar into the Community from Serbia and Montenegro
Date: 2004-02-06
Institutions: European Commission
Subjects: Serbia and Montenegro, import, originating product, sugar, tariff preference

6.2.2004

EN

Official Journal of the European Union

C 33/9

NOTICE TO IMPORTERS

Imports of sugar into the Community from Serbia and Montenegro

(2004/C 33/04)

The European Commission reminds importers of the notice to importers published in the Official Journal of
the European Communities C 152 of 26.6.2002, p. 14. Community operators were thereby informed that
there was reasonable doubt as to the proper application of the preferential arrangements for sugar of
headings CN 1701 and CN 1702, which was declared at import as originating in the countries of the
western Balkans in order to benefit from preferential tariff measures.

The preferential arrangements provided for in Council Regulation (EC) No 2007/2000 for sugar of CN
codes 1701 and 1702 imported from Serbia and Montenegro were suspended for a period of three months
by Commission Regulation (EC) No 764/2003. This suspension was extended for an additional period of
six months by Commission Regulation (EC) No 1343/2003. The suspension measure was decided on the
basis of findings that the system of certification and control of the preferential origin of sugar did not
allow the competent authorities of this beneficiary country to verify the originating status of the products
and to provide administrative cooperation as required for the verification of evidence of origin.

The deficiencies identified in Serbia and Montenegro's system of certification and control of preferential
origin persist to date. The Commission therefore informs operators that it may decide to extend the
current suspension beyond its expiry date of 7 February 2004.

The present notice to importers replaces the one published in the Official Journal of the European Union
C 177 of 26.7.2003, p. 2.

Withdrawal of notification of a concentration

(Case COMP/M.3336 — Cofinoga/Quelle/CDGP)

(2004/C 33/05)

(Text with EEA relevance)

On 22 December 2003 the Commission of the European Communities received notification of a proposed
concentration between Cofinoga, France belonging to the group Galeries Lafayette and Quelle SAS, France,
belonging to the German group Karstadt Quelle. On 28 January 2004 the notifying parties informed the
Commission that they withdrew their notification.