do-me/EUR-LEX huggingface dataset:
Commission Regulation (EC) No 348/2004 of 26 February 2004 concerning tenders notified in response to the invitation to tender for the export of oats issued in Regulation (EC) No 1814/2003
Date: 2004-02-27
Institutions: European Commission
Subjects: award of contract, export refund, oats

27.2.2004

EN

Official Journal of the European Union

L 60/43

COMMISSION REGULATION (EC) No 348/2004

of 26 February 2004

concerning tenders notified in response to the invitation to tender for the export of oats issued in
Regulation (EC) No 1814/2003

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),

Having regard to Commission Regulation (EC) No 1501/95 of
29 June 1995 laying down certain detailed rules for the appli-
cation of Council Regulation (EEC) No 1766/92 on the
granting of export refunds on cereals and the measures to be
taken in the event of disturbance on the market for cereals (2),
and in particular Article 4 thereof,

Having regard to Commission Regulation (EC) No 1814/2003
of 15 October 2003 on a special
intervention measure for
cereals in Finland and Sweden for the marketing year 2003/
04 (3), and in particular Article 9 thereof,

Whereas:

(1)

An invitation to tender for the refund for the export of
oats produced in Finland and Sweden for export from
Finland and Sweden to all
third countries, with the
exception of Bulgaria, Cyprus, Estonia, Hungary, Latvia,
Lithuania, Malta, Poland, the Czech Republic, Romania,
Slovakia and Slovenia was opened pursuant to Regu-
lation (EC) No 1814/2003.

(2)

(3)

(4)

According to Article 9 of Regulation (EC) No 1814/
2003 the Commission may, on the basis of the tenders
notified, in accordance with the procedure laid down in
Article 23 of Regulation (EEC) No 1766/92, decide to
make no award.

On the basis of the criteria laid down in Article 1 of
Regulation (EC) No 1501/95, 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 notified from 20 to 26
February 2004 in response to the invitation to tender for the
refund for the export of oats issued in Regulation (EC) No
1814/2003.

Article 2

This Regulation shall enter into force on 27 February 2004.

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

Done at Brussels, 26 February 2004.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 181, 1.7.1992, p. 21. Regulation as last amended by Regu-

lation (EC) No 1104/2003 (OJ L 158, 27.6.2003, p. 1).

(2) OJ L 147, 30.6.1995, p. 7. Regulation as last amended by Regu-

lation (EC) No 1431/2003 (OJ L 203, 12.8.2003, p. 16).

(3) OJ L 265, 16.10.2003, p. 25.
Non-opposition to a notified concentration (Case COMP/M.3325 — Morgan Stanley/Glick/Canary Wharf) (Text with EEA relevance)
Date: 2004-02-27
Institutions: European Commission
Subjects: economic concentration, exchange of information, investment company, merger control

C 52/20

EN

Official Journal of the European Union

27.2.2004

Non-opposition to a notified concentration

(Case COMP/M.3325 — Morgan Stanley/Glick/Canary Wharf)

(2004/C 52/04)

(Text with EEA relevance)

On 20 February 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 304M3325. 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 370/2004 of 27 February 2004 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: 2004-02-27
Institutions: European Commission
Subjects: award of contract, export refund, rice, third country

28.2.2004

EN

Official Journal of the European Union

L 63/39

COMMISSION REGULATION (EC) No 370/2004

of 27 February 2004

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), 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
to Commission Regulation (EC) No
issued pursuant
1877/2003 (2).

Article 5 of Commission Regulation (EEC) No 584/75 (3)
allows the Commission to fix,
in accordance with the
procedure laid down in Article 22 of Regulation (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 23 to 26 February 2004 at 252,00 EUR/t.

This Regulation shall enter into force on 28 February 2004.

Article 2

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

Done at Brussels, 27 February 2004.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 329, 30.12.1995, p. 18. Regulation as last amended by
Commission Regulation (EC) No 411/2002 (OJ L 62, 5.3.2002, p.
27).

(2) OJ L 275, 25.10.2003, p. 20.
(3) OJ L 61, 7.3.1975, p. 25. Regulation as last amended by Regulation

(EC) No 1948/2002 (OJ L 299, 1.11.2002, p. 18).
Commission Regulation (EC) No 350/2004 of 26 February 2004 concerning tenders notified in response to the invitation to tender for the import of maize issued in Regulation (EC) No 2315/2003
Date: 2004-02-27
Institutions: European Commission
Subjects: award of contract, maize, tariff reduction

27.2.2004

EN

Official Journal of the European Union

L 60/45

COMMISSION REGULATION (EC) No 350/2004

of 26 February 2004

concerning tenders notified in response to the invitation to tender for the import of maize issued
in Regulation (EC) No 2315/2003

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), and in particular Article 12(1) thereof,

(3)

(4)

On the basis of the criteria laid down in Articles 6 and 7
of Regulation (EC) No 1839/95 a maximum reduction in
the duty should not be fixed.

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

Whereas:

HAS ADOPTED THIS REGULATION:

(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 Regu-
lation (EC) No 2315/2003 (2).

Article 5 of Commission Regulation (EC) No 1839/
95 (3), allows the Commission to decide, in accordance
with the procedure laid down in Article 23 of Regu-
lation (EEC) No 1766/92 and on the basis of the tenders
notified, to make no award.

Article 1

No action shall be taken on the tenders notified from 20 to 26
February 2004 in response to the invitation to tender for the
reduction in the duty on imported maize issued in Regulation
(EC) No 2315/2003.

This Regulation shall enter into force on 27 February 2004.

Article 2

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

Done at Brussels, 26 February 2004.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 181, 1.7.1992, p. 21. Regulation as last amended by Regu-

lation (EC) No 1104/2003 (OJ L 158, 27.6.2003, p. 1).

(2) OJ L 342, 30.12.2003, p. 34.
(3) OJ L 177, 28.7.1995, p. 4. Regulation as last amended by Regu-

lation (EC) No 2235/2000 (OJ L 256, 10.10.2000, p. 13).
Commission Regulation (EC) No 349/2004 of 26 February 2004 concerning tenders notified in response to the invitation to tender for the import of sorghum issued in Regulation (EC) No 238/2004
Date: 2004-02-27
Institutions: European Commission
Subjects: award of contract, sorghum, tariff reduction

L 60/44

EN

Official Journal of the European Union

27.2.2004

COMMISSION REGULATION (EC) No 349/2004

of 26 February 2004

concerning tenders notified in response to the invitation to tender for the import of sorghum
issued in Regulation (EC) No 238/2004

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 organization of the market in
cereals (1), and in particular Article 12(1) thereof,

(3)

(4)

On the basis of the criteria laid down in Articles 6 and 7
of Regulation (EC) No 1839/95 a maximum reduction in
the duty should not be fixed.

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

Whereas:

HAS ADOPTED THIS REGULATION:

(1)

(2)

An invitation to tender for the maximum reduction in
the duty on sorghum imported into Spain was opened
pursuant
to Commission Regulation (EC) No 238/
2004 (2).

Article 5 of Commission Regulation (EC) No 1839/
95 (3), allows the Commission to decide, in accordance
with the procedure laid down in Article 23 of Regu-
lation (EEC) No 1766/92 and on the basis of the tenders
notified to make no award.

Article 1

No action shall be taken on the tenders notified from 20 to 26
February 2004 in response to the invitation to tender for the
reduction in the duty on imported sorghum issued in Regu-
lation (EC) No 238/2004.

This Regulation shall enter into force on 27 February 2004.

Article 2

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

Done at Brussels, 26 February 2004.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 181, 1.7.1992, p. 21. Regulation as last amended by Commis-
sion Regulation (EC) No 1104/2003 (OJ L 158, 27.6.2003, p. 1).

(2) OJ L 40, 12.2.2004, p. 23.
(3) OJ L 177, 28.7.1995, p. 4. Regulation as last amended by Regu-

lation (EC) No 2235/2000 (OJ L 256, 10.10.2000, p. 13).
Commission Regulation (EC) No 352/2004 of 27 February 2004 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2004-02-27
Institutions: European Commission
Subjects: citrus fruit, fruit vegetable, import price, perennial vegetable, pip fruit, stone fruit

28.2.2004

EN

Official Journal of the European Union

L 63/1

I

(Acts whose publication is obligatory)

COMMISSION REGULATION (EC) No 352/2004

of 27 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 28 February 2004.

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

Done at Brussels, 27 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 63/2

EN

Official Journal of the European Union

28.2.2004

to the Commission Regulation of 27 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
068
204
999

220
999

052
204
999

052
204
212
220
600
624
999

204
999

052
204
220
400
464
528
600
624
999

052
400
999

060
388
400
404
508
512
524
528
720
999

060
388
508
512
528
720
999

95,6
44,4
108,5
82,8

158,2
87,4
46,1
97,2

68,9
68,9

99,1
55,7
77,4

69,6
47,8
52,3
49,1
41,8
61,8
53,7

93,7
93,7

84,1
103,4
88,5
55,6
76,4
107,6
80,7
77,6
84,2

72,0
36,4
54,2

35,9
133,3
109,9
96,5
95,0
122,0
79,2
93,0
79,4
93,8

65,7
79,8
69,3
81,9
85,6
42,5
70,8

(1) Country nomenclature as fixed by Commission Regulation (EC) No 2081/2003 (OJ L 313, 28.11.2003, p. 11). Code ‘999’ stands for

‘of other origin’.
Commission Regulation (EC) No 365/2004 of 27 February 2004 amending Regulation (EC) No 2233/2003 opening Community tariff quotas for 2004 for sheep, goats, sheepmeat and goatmeat
Date: 2004-02-27
Institutions: European Commission
Subjects: goat, goatmeat, live animal, sheep, sheepmeat, tariff quota

L 63/30

EN

Official Journal of the European Union

28.2.2004

COMMISSION REGULATION (EC) No 365/2004

of 27 February 2004

amending Regulation (EC) No 2233/2003 opening Community tariff quotas for 2004 for sheep,
goats, sheepmeat and goatmeat

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 2529/2001 of 19
December 2001 on the common organisation of the market in
sheepmeat and goatmeat (1), and in particular Article 16(1)
thereof,

should be allowed to the extent that the authorities of
the third country concerned may issue such documents
with a period of validity of less than three months from
the date of issue.

(4)

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

Whereas:

(1)

(2)

Article 11(1) of Commission Regulation (EC) No 1439/
1995 of 26 June 1995 laying down detailed rules for the
application of Council Regulation (EEC) No 3013/89 as
regards the import and export of products in the sheep-
meat and goatmeat sector (2) indicates the validity period
for documents of origin issued by third country authori-
ties in view of imports into the Community of sheep,
goats, sheepmeat and goatmeat under tariff quotas.

Commission Regulation (EC) No 2233/2003 (3)
intro-
duced the management of those quotas under the first-
first-served system as of 1 January 2004.
come,
However, with regard to certain third countries, that
Regulation provides for the continuation of the licence-
system until 30 April 2004. In those cases, provisions
should be made to allow a smooth transition from the
import
first-served
system.

licence system to the first-come,

(3)

To that end, a higher degree of flexibility as concerns
the period of validity of the document of origin as stipu-
lated in Article 11(1) of Regulation (EC) No 1439/95

HAS ADOPTED THIS REGULATION:

Article 1

In Article 5(1) of Regulation (EC) No 2233/2003, the following
subparagraph is added:

‘By way of derogation from Article 11(1) of Regulation
(EC) No 1439/95, the issuing authorities of Australia and
New Zealand may, until 30 April 2004, issue documents of
origin with a validity period of less than three months
from their actual date of issue.’

Article 2

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

It shall apply from 1 January 2004.

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

Done at Brussels, 27 February 2004.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 341, 22.12.2001, p. 3.
(2) OJ L 143, 27.6.1995, p. 7, Regulation as last amended by Regu-

lation (EC) No 272/2001 (OJ L 41, 10.2.2001, p. 3).

(3) OJ L 339, 24.12.2003, p. 22.
WRITTEN QUESTION E-0603/04 by Saïd El Khadraoui (PSE) to the Commission. Marking down foodstuffs for quick sale.
Date: 2004-02-27
Institutions: European Parliament, Provisional data
Subjects: consumer protection, discount sale, food safety, perishable goods, supermarket, trade regulations

3.4.2004

EN

Official Journal of the European Union

C 84 E/435

(2004/C 84 E/0506)

WRITTEN QUESTION E-0603/04

by Saïd El Khadraoui (PSE) to the Commission

(27 February 2004)

Subject: Marking down foodstuffs for quick sale

Foodstuffs whose sell-by date is approaching are sold off cheaply by a number of stores. The Belgian
consumer association Test-Achat bought 31 highly perishable items such as mince and chicken salad that
were being marked down for a quick sale. Tests showed that seven of the samples were unfit for human
consumption.

Does the Commission intend to introduce a ban on the marking down of highly perishable foodstuffs for
quick sales?

If so, when will it be able to provide more information about this?

If not, why not?

(2004/C 84 E/0507)

WRITTEN QUESTION E-0604/04

by Saïd El Khadraoui (PSE) to the Commission

(27 February 2004)

Subject: Sale of foodstuffs that are past their sell-by dates

Some supermarkets in Belgium sell foodstuffs that are past their sell-by dates. This is not illegal when the
products are marked ‘best before’, but is illegal for products marked ‘use by’.

Does the Commission intend to introduce a ban on the sale of foodstuffs that are past their sell-by dates?

If so, when will it be able to provide more information about this?

If not, why not?

Does the Commission consider that
the differences between ‘best before’ and ‘use by’ should be
maintained? What does it think about the possibility of having only one such indication and prohibiting
the sale of foodstuffs when that date has expired?

Joint answer
to Written Questions E-0603/04 and E-0604/04
given by Mr Byrne on behalf of the Commission

(25 March 2004)

The general principles of food legislation are contained in Regulation (EC) No 178/2002 of the European
Parliament and of the Council of 28 January 2002 (1), which specifically states that food shall not be placed
on the market if it is unsafe, i.e. if it is deemed to be injurious to health or unfit for human consumption.

The practice of selling off foodstuffs at a reduced price must comply with this principle and with the
requirements of the legislation in force, particularly hygiene and food labelling legislation. Accordingly, the
Commission does not see any reason to ban this practice in principle.

It is the responsibility of the competent national authorities to carry out checks to ensure that the relevant
legislation is observed.

In view of the potential risks of this practice, as described by the Honourable Member, the Commission
also feels that special requirements might be justified,
the
point of sale.

for example consumer information at
Commission Regulation (EC) No 355/2004 of 27 February 2004 fixing the maximum purchasing price for butter for the 89th invitation to tender carried out under the standing invitation to tender governed by Regulation (EC) No 2771/1999
Date: 2004-02-27
Institutions: European Commission
Subjects: award of contract, butter, maximum price, purchase price

28.2.2004

EN

Official Journal of the European Union

L 63/7

COMMISSION REGULATION (EC) No 355/2004

of 27 February 2004

fixing the maximum purchasing price for butter for the 89th invitation to tender carried out
under the standing invitation to tender governed by Regulation (EC) No 2771/1999

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 1255/1999 of 17
May 1999 on the common organisation of the market in milk
and milk products (1), and in particular Article 10 thereof,

(2)

(3)

As a result of
buying-in price should be fixed as set out below.

the tenders received,

the maximum

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

Whereas:

(1)

Article 13 of Commission Regulation (EC) No 2771/
1999 of 16 December 1999 laying down detailed rules
for the application of Council Regulation (EC) No 1255/
1999 as regards intervention on the market in butter
and cream (2), provides that, in the light of the tenders
received for each invitation to tender, a maximum
buying-in price is to be fixed in relation to the interven-
tion price applicable and that it may also be decided not
to proceed with the invitation to tender.

HAS ADOPTED THIS REGULATION:

Article 1

For the 89th invitation to tender issued under Regulation (EC)
No 2771/1999, for which tenders had to be submitted not
later than 24 February 2004, the maximum buying-in price is
fixed at 295,38 EUR/100 kg.

This Regulation shall enter into force on 28 February 2004.

Article 2

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

Done at Brussels, 27 February 2004.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 160, 26.6.1999, p. 48. Regulation as last amended by
Commission Regulation (EC) No 186/2004 (OJ L 29, 3.2.2004, p.
6).

(2) OJ L 333, 24.12.1999, p. 11. Regulation as last amended by Regu-

lation (EC) No 359/2003 (OJ L 53, 28.2.2003, p. 17).