do-me/EUR-LEX huggingface dataset:
Commission Regulation (EC) No 940/2004 of 30 April 2004 fixing the maximum export refund on wholly milled round grain rice to certain third countries in connection with the invitation to tender issued in Regulation (EC) No 1875/2003
Date: 2004-04-30
Institutions: European Commission
Subjects: award of contract, export restriction, rice, third country

L 169/20

EN

Official Journal of the European Union

1.5.2004

COMMISSION REGULATION (EC) No 940/2004

of 30 April 2004

fixing the maximum export refund on wholly milled round grain rice to certain third countries in
connection with the invitation to tender issued in Regulation (EC) No 1875/2003

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

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 refund being fixed at the amount
specified in Article 1.

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

Whereas:

(1)

(2)

An invitation to tender for the export refund on rice was
issued pursuant
to Commission Regulation (EC) No
1875/2003 (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 round grain rice
to be exported to certain third countries pursuant to the invi-
tation to tender issued in Regulation (EC) No 1875/2003 is
hereby fixed on the basis of the tenders submitted from 26
to 29 April 2004 at 64,00 EUR/t.

Article 2

This Regulation shall enter into force on 1 May 2004.

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

Done at Brussels, 30 April 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. 14.
(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 communication in the framework of the implementation of Commission Directive 2002/31/EC of 22 March 2002 implementing Council Directive 92/75/EEC with regard to energy labelling of household air-conditioners  — Publication of titles and references of harmonised standards under the directive
Date: 2004-04-30
Institutions: European Commission
Subjects: European standard, air conditioning, measuring equipment, technical standard

30.4.2004

EN

Official Journal of the European Union

C 115/35

Commission communication in the framework of the implementation of Commission Directive
2002/31/EC of 22 March 2002 implementing Council Directive 92/75/EEC with regard to energy
labelling of household air-conditioners

(2004/C 115/15)

(Text with EEA relevance)

Publication of titles and references of harmonised standards under the directive

European
Standardisa-
tion Organi-
sation (*)

CEN

CEN

CEN

CEN

Reference and title of the standard

Reference
document

Reference of the super-
seded standard

EN 14511-1:2004
Air-conditioners, liquid chilling packages and
heat pumps with electrically driven compres-
sors for space heating and cooling
Part 1: Terms and definitions

EN 14511-2:2004
Air-conditioners, liquid chilling packages and
heat pumps with electrically driven compres-
sors for space heating and cooling
Part 2: Test conditions

EN 14511-3:2004
Air-conditioners, liquid chilling packages and
heat pumps with electrically driven compres-
sors for space heating and cooling
Part 3: Test methods

EN 14511-4:2004
Air-conditioners, liquid chilling packages and
heat pumps with electrically driven compres-
sors for space heating and cooling
Part 4: Requirements

NONE

NONE

NONE

NONE

Date of cessa-
tion of use of
the super-
seded stand-
ard

__

__

__

__

(*) — CEN: rue de Stassart/De Stassartstraat 36, B-1050 Brussels, tel. (32-2) 550 08 11, fax (32-2) 550 08 19, http://www.cenorm.be

— CENELEC: rue de Stassart/De Stassartstraat 35, B-1050 Brussels, tel. (32-2) 519 68 71, fax (32-2) 519 69 19, http://www.cen-

elec.org

— ETSI: 650, route des Lucioles, F-06921 Sophia Antipolis, tel. (33) 492 94 42 00, fax (33) 493 65 47 16, http://www.etsi.org
List of legislative proposals and other COM documents adopted by the Commission from 1 July 2003 to 31 December 2003
Date: 2004-04-30
Institutions: European Commission
Subjects: Council of the European Union, EC Regulation, European Commission, drafting of EU law, proposal (EU)

C 122/40

EN

Official Journal of the European Union

30.4.2004

LIST OF LEGISLATIVE PROPOSALS AND OTHER COM DOCUMENTS ADOPTED BY THE
COMMISSION FROM 1 JULY 2003 TO 31 DECEMBER 2003 (1) (2)

(2004/C 122/03)

Document

Part

Date of adoption

Title

COM(2003) 742

10.12.2003

COM(2003) 743

10.12.2003

Proposal for a DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
laying down guidelines for trans-European energy networks and repealing Decisions No 96/
391/EC and No 1229/2003/EC (SEC (2003) 1369)

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND
THE COUNCIL — Energy Infrastructure and Security of Supply (COM(2003) 739, 740, 741,
742)

COM(2003) 755

10.12.2003

COMMUNICATION FROM THE COMMISSION ON BUILDINGS POLICY AND INFRA-
STRUCTURES IN BRUSSELS

COM(2003) 787

18.12.2003

GREEN PAPER ON THE FUTURE OF RULES OF ORIGIN IN PREFERENTIAL TRADE
ARRANGEMENTS

COM(2003) 812

30.12.2003

COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN
PARLIAMENT — BIANNUAL UPDATE OF THE SCOREBOARD TO REVIEW PROGRESS
ON THE CREATION OF AN AREA OF ‘FREEDOM, SECURITY AND JUSTICE’ IN THE
EUROPEAN UNION (SECOND HALF OF 2003)

COM(2003) 823

13.4.2004

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
amending Council Regulation (EC) No 1165/98 concerning short-term statistics

COM(2003) 826

16.12.2003

COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND THE PARLIAMENT
— Transfer of Air Passenger Name Record (PNR) Data: A Global EU Approach

COM(2003) 839

30.12.2003

Commission Communication on parallel
which marketing authorisations have already been granted

imports of proprietary medicinal products for

COM(2003) 842

30.12.2003

COMMUNICATION FROM THE COMMISSION TO THE COUNCIL, THE EUROPEAN
PARLIAMENT, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE
COMMITTEE OF THE REGIONS — Modernising Social Protection for More and Better Jobs
a comprehensive approach contributing to making work pay

These texts are available on EUR-Lex: http://europa.eu.int/eur-lex.

(1) This list is limited to COM documents that fulfil the conditions for publication.
(2) In addition to the list in 2004/C 96/03 — OJ C 96, 21.4.2004, p. 5.
Removal from the Register of Case T-82/04
Date: 2004-04-30
Institutions: Court of First Instance
Subjects: European Commission, European official, Morocco, Sudan, appeal to the Court (EU), damage, divorced person, fraud, rights of access

30.4.2004

EN

Official Journal of the European Union

C 118/53

Removal from the Register of Case T-409/03 (1)

Removal from the Register of Case T-82/04 (1)

(2004/C 118/116)

(Language of the case: French)

By order of 27 April 2004, the President of the Third Chamber
of the Court of First Instance of the European Communities has
ordered the removal
from the Register of Case T-409/03,
Manuel Simões dos Santos v Office for Harmonisation in the
Internal Market (Trade Marks and Designs).

(1) OJ C 59 of 6.3.2004.

(2004/C 118/117)

Language of the case: French

By order of 1 April 2004, the President of the Second Chamber
of the Court of First Instance of the European Communities has
ordered the removal from the Register of Case T-82/04, Jamal
Quariachi v Commission of the European Communities.

(1) Not yet published.
Commission Regulation (EC) No 941/2004 of 30 April 2004 fixing the maximum export refund on wholly milled round grain, medium grain and long grain A rice to be exported to certain third countries in connection with the invitation to tender issued in Regulation (EC) No 1876/2003
Date: 2004-04-30
Institutions: European Commission
Subjects: award of contract, export refund, rice, third country

1.5.2004

EN

Official Journal of the European Union

L 169/21

COMMISSION REGULATION (EC) No 941/2004

of 30 April 2004

fixing the maximum export refund on wholly milled round grain, medium grain and long grain A
rice to be exported to certain third countries in connection with the invitation to tender issued in
Regulation (EC) No 1876/2003

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

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 refund being fixed at the amount
specified in Article 1.

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
1876/2003 (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 grain, medium
grain and long grain A rice to be exported to certain third
countries pursuant to the invitation to tender issued in Regu-
lation (EC) No 1876/2003 is hereby fixed on the basis of the
tenders submitted from 26 to 29 April 2004 at 64,00 EUR/t.

Article 2

This Regulation shall enter into force on 1 May 2004.

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

Done at Brussels, 30 April 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. 17.
(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 939/2004 of 30 April 2004 concerning tenders submitted in response to the invitation to tender for the export of husked long grain B rice to the island of Réunion referred to in Regulation (EC) No 1878/2003
Date: 2004-04-30
Institutions: European Commission
Subjects: Réunion, award of contract, export subsidy, rice

1.5.2004

EN

Official Journal of the European Union

L 169/19

COMMISSION REGULATION (EC) No 939/2004

of 30 April 2004

concerning tenders submitted in response to the invitation to tender for the export of husked long
grain B rice to the island of Réunion referred to in Regulation (EC) No 1878/2003

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

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 10(1) thereof,

Having regard to Commission Regulation (EEC) No 2692/89 of
6 September 1989 laying down detailed rules for exports of rice
to Réunion (2), and in particular Article 9(1) thereof,

Whereas:

(1)

(2)

Commission Regulation (EC) No 1878/2003 (3) opens an
invitation to tender for the subsidy on rice exported to
Réunion.

to

Article 9 of Regulation (EEC) No 2692/89 allows the
Commission
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.

accordance with

decide,

in

(3)

(4)

On the basis of the criteria laid down in Articles 2 and 3
of Regulation (EEC) No 2692/89, a maximum subsidy
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 26 to
29 April 2004 in response to the invitation to tender referred
to in Regulation (EC) No 1878/2003 for the subsidy on exports
to Réunion of husked long grain B rice falling within CN code
1006 20 98.

Article 2

This Regulation shall enter into force on 1 May 2004.

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

Done at Brussels, 30 April 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 261, 7.9.1989, p. 8. Regulation as last amended by Regulation

(EC) No 1453/1999 (OJ L 167, 2.7.1999, p. 19).

(3) OJ L 275, 25.10.2003, p. 23.
Prior notification of a concentration (Case No. COMP/M. 3271-Kabel Deutschland/ish)Text with EEA relevance
Date: 2004-04-30
Institutions: European Commission
Subjects: Germany, Internet, economic concentration, merger control, telecommunications industry, television

C 111/6

EN

Official Journal of the European Union

30.4.2004

Prior notification of a concentration

(Case No. COMP/M. 3271-Kabel Deutschland/ish)

(2004/C 111/06)

(Text with EEA relevance)

1. On 20 April 2004, the Commission received a notification of a proposed concentration pursuant to
Article 4 of Council Regulation (EEC) No 4064/89 (1), as last amended by Regulation (EC) No
1310/97 (2), by which the undertaking Kabel Deutschland GmbH, Germany (‘KDG’) acquires indirectly
within the meaning of Article 3(1)(b) of the Council Regulation control of the undertakings ish GmbH
& Co. KG, Germany, and ish KS NRW GmbH & Co.KG, Germany (the latter two ‘ish’) by way of
purchase of shares.

2. The business activities of the undertakings concerned are:

— KDG: Operation of the broadband cable which formerly belonged to the Deutsche Telekom AG in
the regions Hamburg / Schleswig-Holstein / Mecklenburg-Western Pommerania, Lower Saxony /
Bremen, Berlin / Brandenburg, Saxony / Saxony-Anhalt / Thuringia, Rhineland-Palatinate / Saarland
and Bavaria (transmission of TV-signals, internet)

— ish: Operation of the broadband cable which formerly belonged to the Deutsche Telekom AG in

North Rhine-Westphalia (transmission of TV-signals, internet)

3. On preliminary examination, the Commission finds that the notified concentration could fall within the

scope of Regulation (EEC) No 4064/89. However, the final decision on this point is reserved.

4. The Commission invites interested third parties to submit their possible observations on the proposed

operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication.
Observations can be sent to the Commission by fax (fax no. (32-2) 296 43 01 or 296 72 44) or by
post, under reference COMP/M. 3271-Kabel Deutschland/ish, to the following address:

European Commission
Directorate-General for Competition,
Merger Registry
J-70
B-1049 Brussels

(1) OJ L 395, 30.12.1989 p. 1; corrigendum: OJ L 257, 21.9.1990, p. 13.
(2) OJ L 180, 9. 7. 1997, p. 1; corrigendum OJ L 40, 13.2.1998, p. 17.
Prior notification of a concentration (Case No. COMP/M.3449-GlaxoSmithKline/Sanofi-Synthélabo (assets)) — Candidate case for simplified procedureText with EEA relevance
Date: 2004-04-30
Institutions: European Commission
Subjects: economic concentration, merger control, pharmaceutical industry

C 111/2

EN

Official Journal of the European Union

30.4.2004

Prior notification of a concentration

(Case No. COMP/M.3449-GlaxoSmithKline/Sanofi-Synthélabo (assets))

Candidate case for simplified procedure

(2004/C 111/02)

(Text with EEA relevance)

1. On 19 April 2004, the Commission received a notification of a proposed concentration pursuant to
Article 4 of Council Regulation (EEC) No 4064/89 (1), as last amended by Regulation (EC) No
1310/97 (2), by which the undertaking GlaxoSmithKline plc (‘GSK’, UK) acquires within the meaning of
Article 3(1)(b) of the Council Regulation control of parts of the undertaking Sanofi-Synthélabo SA
(‘Sanofi’, France) by way of purchase of assets.

2. The business activities of the undertakings concerned are:

— GSK: Pharmaceuticals, vaccines, over-the-counter medicines and health-related consumer products;

— Sanofi: Human pharmaceuticals.

3. On preliminary examination, the Commission finds that the notified concentration could fall within the
scope of Regulation (EEC) No 4064/89. However, the final decision on this point is reserved. Pursuant
to the Commission Notice on a simplified procedure for treatment of certain concentrations under
Council Regulation (EEC) No4064/89 (3) it should be noted that this case is a candidate for treatment
under the procedure set out in the Notice.

4. The Commission invites interested third parties to submit their possible observations on the proposed

operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication.
Observations can be sent to the Commission by fax (fax no. (32-2) 296 43 01 or 296 72 44) or by
post, under reference COMP/M.3449-GlaxoSmithKline/Sanofi-Synthélabo (assets),
to the following
address:

European Commission
Directorate-General for Competition
Merger Registry
J-70
B-1049 Brussels

(1) OJ L 395, 30.12.1989 p. 1; corrigendum: OJ L 257, 21.9.1990, p. 13.
(2) OJ L 180, 9.7.1997, p. 1; corrigendum OJ L 40, 13.2.1998, p. 17.
(3) OJ C 217, 29.7.2000, p. 32.
Case C-60/04: Actionbrought on 12 February 2004 by the Italian Republicagainst the Commission of the European Communities
Date: 2004-04-30
Institutions: Court of Justice
Subjects: EU initiative, European Commission, Italy, Structural Funds, action for annulment (EU), commitment of expenditure, implementation of the budget

30.4.2004

EN

Official Journal of the European Union

C 106/19

Are stops made by a ship in ports of non-member countries, at
which passengers may disembark the vessel only for a short
period, for example for sightseeing purposes, but at which they
may not begin or end their journey, ‘stops in a third territory’
within
of Directive
of Article
77/388/EEC (1)?

the meaning

8(1)(c)

(1) OJ L 145, p. 1.

Action brought on 12 February 2004 by the Italian
the European
Republic

the Commission of

against

Communities

(Case C-60/04)

(2004/C 106/34)

I – Incorrect legal basis

I A – Incorrect legal basis:

lack of competence and in any
event absence of the preconditions for the application
of Article 12 of Regulation (EEC) No 2052/88 (1) during
the preceding programme;

I B1 – Incorrect legal basis: complete lack of competence to
amend the indicative allocations at the date of the new
decision;

I B2 – Incorrect legal basis: total failure to identify the correct

procedure.

II – Inadequate and contradictory statement of reasons for the

contested decision: general

An action against the Commission of the European Commu-
nities was brought before the Court of Justice of the European
Communities on 12 February 2004 by the Italian Republic
represented by I.M. Braguglia, avvocato, acting as Agent, and
A. Cingolo, Avvocato dello Stato.

II A – Inadequate and contradictory statement of reasons as
regards the choice of committee procedure for adop-
tion of the contested decision;

The applicant claims that the Court should:

II B – Inadequate and contradictory statement of reasons in the
contested decision as regards the method for calculating
the new indicative allocation;

— Annul Commission Decision No C(2003) 3971 final. of 26
November 2003 which establishes indicative allocations
between the Member States of the commitment appropria-
tions under Community initiatives for the period 1994-
1999, notified by Letter No SG(2003)D233063 of
the
the Commission of 26 November
Secretary-General of
2003 to the Italian Permanent Representation to the Euro-
pean Union;

II C – Inadequate and contradictory statement of reasons as
regards the difference between the reference tables
annexed to the new and old decisions;

— Annul all annexes and supporting documents;

— Order the Commission to pay the costs.

II D – Inadequate and contradictory statement of reasons as
regards the reference date for assessing the extent to
which the Community initiative programme (CIP)
1994-1999 has been implemented.

Pleas in law and main arguments:

(1) OJ 1988 L 185 of 15.7.1988, p. 9.
Commission Opinion of 29 April 2004 concerning the plan for the disposal of radioactive waste arising from the dismantling of various installations at CIEMAT in Spain, in accordance with Article 37 of the Euratom TreatyText with EEA relevance
Date: 2004-04-30
Institutions: European Commission
Subjects: Spain, decommissioning of power stations, radioactive effluent, storage of waste

C 115/24

EN

Official Journal of the European Union

30.4.2004

COMMISSION OPINION

of 29 April 2004

concerning the plan for the disposal of radioactive waste arising from the dismantling of various
installations at CIEMAT in Spain, in accordance with Article 37 of the Euratom Treaty

(2004/C 115/11)

(Only the Spanish text is authentic)

On 19 May 2003, the European Commission received from the Government of Spain, in accordance with
Article 37 of the Euratom Treaty, General Data relating to the plan for the disposal of radioactive waste
arising from the dismantling of various installations at CIEMAT.

On the basis of these data and the additional information requested by the Commission on 12 August
2003 and provided by the Spanish authorities on 5 December 2003, and following consultation with the
group of experts, the Commission has drawn up the following opinion:

(a) The distance between the installation and the nearest border with another Member State, which is

Portugal, is 265 km.

(b) During normal operation, discharges of liquid and gaseous effluents will not cause an exposure of the

population in other Member States that is significant from the point of view of health.

(c) Solid radioactive waste arising from the dismantling will be stored in a facility on site and finally trans-
ferred to the storage facility at El Cabril. Non-radioactive solid waste and materials which are released
from regulatory control subject to compliance with clearance levels will be released for disposal as
conventional waste or for recycling or reuse. This will be done in compliance with the criteria laid
down in the Basic Safety Standards (Directive 96/29/EURATOM).

(d) In the event of unplanned discharges of radioactive waste, which may follow an accident of the type
and magnitude considered in the General Data, the doses likely to be received by the population in
other Member States would not be significant from the point of view of health.

In conclusion, the Commission is of the opinion that the implementation of the plan for the disposal of
radioactive waste in whatever form arising from the dismantling of various installations at CIEMAT in
Spain, both in normal operation and in the event of an accident of the type and magnitude considered in
the General Data, is not liable to result in radioactive contamination, significant from the point of view of
health, of the water, soil or airspace of another Member State.