do-me/EUR-LEX huggingface dataset:
2004/673/EC: Commission Decision of 26 August 2004 concerning a request from the Republic of Malta to apply a reduced rate of VAT to the supply of electricity (notified under document number C(2004) 3240)
Date: 2004-08-26
Institutions: European Commission
Subjects: Malta, VAT rate, electrical energy, electricity supply

5.10.2004

EN

Official Journal of the European Union

L 307/7

COMMISSION

COMMISSION DECISION

of 26 August 2004

concerning a request from the Republic of Malta to apply a reduced rate of VAT to the supply of
electricity

(notified under document number C(2004) 3240)

(2004/673/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to the Sixth Council Directive 77/388/EEC of 17
May 1977 on the harmonisation of the laws of the Member
States relating to turnover taxes — Common system of value
added tax: uniform basis of assessment (1), as last amended by
Directive 2004/66/EC (2), and in particular Article 12(3)(b)
thereof,

has effective use and consumption of the goods, in order
to ensure that taxation takes place in the country where
actual consumption takes place.

(5)

Since the measure is a general one with no provision for
exceptions, the risk of distortion of competition must be
deemed non-existent. Since the condition laid down by
Article 12(3)(b) of the Sixth Directive is thus fulfilled,
Malta should be able to apply the measure concerned
as soon as this Decision is notified,

Whereas:

(1)

(2)

(3)

(4)

By letter registered at the Commission on 18 June 2004
the Republic of Malta informed the Commission of its
intention of applying a reduced rate of VAT to the
supply of electricity.

The planned measure is a general one applying a reduced
rate of VAT to the supply of electricity under Article
12(3)(b) of the Sixth VAT Directive.
Since Malta’s electricity system is small and isolated, there
is no risk of distorting competition on the internal
market. At present Malta does not use natural gas
because it has no gas network or connection.

Moreover, the VAT rules regarding the place of supply of
electricity, as laid down in the Sixth VAT Directive, were
amended by Directive 2003/92/EC (3). The supply of elec-
tricity in the final stage, from traders and distributors to
final consumer, is taxed at the place where the customer

HAS ADOPTED THIS DECISION:

Article 1

Malta may apply the measure notified in its letter of 18 June
2004, applying a reduced rate of VAT to the supply of elec-
tricity irrespective of the conditions of production and supply.

Article 2

This Decision is addressed to the Republic of Malta.

Done at Brussels, 26 August 2004.

For the Commission

Frederik BOLKESTEIN
Member of the Commission

(1) OJ L 145, 13.6.1977, p. 1.
(2) OJ L 168, 1.5.2004, p. 35.
(3) OJ L 260, 11.10.2003, p. 8.
Commission Regulation (EC) No 1513/2004 of 26 August 2004 fixing the production refund for olive oil used in the manufacture of certain preserved foods
Date: 2004-08-26
Institutions: European Commission
Subjects: olive oil, preserved product, production refund

27.8.2004

EN

Official Journal of the European Union

L 278/3

COMMISSION REGULATION (EC) No 1513/2004

of 26 August 2004

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
Community,

establishing the European

Having regard to Council Regulation No 136/66/EEC of 22
September 1966 on the establishment of a common organi-
in oils and fats (1), and in particular
sation of
Article 20a thereof,

the market

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
subheading 1509 90 00 and the factors used for fixing

applicable

for

refunds

the export
those olive oils during the
reference 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 September and October 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 September 2004.

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

Done at Brussels, 26 August 2004.

For the Commission

J. M. SILVA RODRÍGUEZ
Agriculture Director-General

(1) OJ 172, 30.9.1966, p. 3025/66. Regulation as last amended by

Regulation (EC) No 865/2004 (OJ L 161, 30.4.2004, p. 97).
Notice of the impending expiry of certain anti-dumping measures
Date: 2004-08-26
Institutions: European Commission
Subjects: Japan, anti-dumping legislation, anti-dumping measure, electronic device, measuring equipment, originating product

C 214/2

EN

Official Journal of the European Union

26.8.2004

Notice of the impending expiry of certain anti-dumping measures

(2004/C 214/02)

1.
The Commission gives notice that, unless a review is initiated in accordance with the following proce-
dure, the anti-dumping measures mentioned below will expire on the date mentioned in the table below,
as provided in Articles 2 of Council Regulations (EC) No 468/2001 and (EC) No 469/2001 of 6 March
2001 (1) imposing a definitive anti-dumping duty on imports of electronic weighing scales originating in
Japan and Singapore.

2. Procedure

Community producers may lodge a written request for a review. This request must contain sufficient
evidence that the removal of the measures would be likely to result in a continuation or recurrence of
dumping and injury.

Should the Commission decide to review the measures concerned, importers, exporters, representatives of
the exporting country and Community producers will then be provided with the opportunity to amplify,
rebut or comment on the matters set out in the review request.

3. Time limit

Community producers may submit a written request for a review on the above basis, to reach the Euro-
pean Commission, Directorate-General for Trade (Division B-1), J-79 5/16, B-1049 Brussels (2) at any time
from the date of the publication of the present notice but no later than three months before the date
mentioned in the table in point 4.

This notice is published in accordance with Article 11(2) of Regulation (EC) No 384/96 of 22

4.
December 1995 (3).

Product

Country(ies) of origin
or exportation

Measures

Reference

Date of expiry

Electronic weighing scales

Japan

Electronic weighing scales

Singapore

Duty

Duty

Regulation (EC) No 468/2001
(OJ L 67, 9.3.2001, p. 24)

10.3.2005

Regulation (EC) No 469/2001
(OJ L 67, 9.3.2001, p. 37)

10.3.2005

(1) OJ L 67, 9.3.2001, p. 24 and p. 37 .
(2) Telex COMEU B 21877; Fax (32-2) 295 65 05.
(3) OJ L 56, 6.3.1996, p. 1, as last amended by Council Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).
Non-opposition to a notified concentration (Case No COMP/3402 — SIEMENS/3i/AGUTH/XTRAMIND)Text with EEA relevance
Date: 2004-08-26
Institutions: European Commission
Subjects: economic concentration, electronics industry, merger control, restrictive-practice authorisation

C 214/6

EN

Official Journal of the European Union

26.8.2004

Non-opposition to a notified concentration

(Case No COMP/3402 — SIEMENS/3i/AGUTH/XTRAMIND)

(2004/C 214/06)

(Text with EEA relevance)

On 28 July 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 available only in German and will be made public after
it is cleared of any business secrets it may contain. It will be available:

— from the Europa competition web site (http://europa.eu.int/comm/competition/mergers/cases/) free of
charge. This web site provides various facilities to help locate individual merger decisions, including
company, case number, date and sectoral indexes.

— in electronic form in the ‘CEN’ version of the CELEX database, under document number 304M3402.
CELEX is the computerized documentation system of European Community law. For more information
on how to access Celex, see ‘subscriber information’ links below:

CELEX: subscriber information

http://publications.eu.int/general/en/eulaw_en.htm
Commission Regulation (EC) No 1522/2004 of 26 August 2004 fixing the maximum export refund for skimmed milk powder in the framework of the standing invitation to tender provided for in Regulation (EC) No 582/2004
Date: 2004-08-26
Institutions: European Commission
Subjects: award of contract, export refund, skimmed milk powder

L 278/38

EN

Official Journal of the European Union

27.8.2004

COMMISSION REGULATION (EC) No 1522/2004

of 26 August 2004

fixing the maximum export refund for skimmed milk powder in the framework of the standing
invitation to tender provided for in Regulation (EC) No 582/2004

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

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 the third subparagraph
of Article 31(3) thereof,

Whereas:

(1)

(2)

Commission Regulation (EC) No 582/2004 of 26 March
2004 opening a standing invitation to tender for export
refunds for skimmed milk powder (2) provides for a
permanent tender.

Pursuant to Article 5 of Commission Regulation (EC) No
580/2004 of 26 March 2004 establishing a tender
procedure concerning export refunds for certain milk
products (3)
and following an examination of
the
submitted in response to the invitation to
tenders

it

tender,
is appropriate to fix a maximum export
refund for the tendering period ending on 25 August
2004.

(3)

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

HAS ADOPTED THIS REGULATION:

Article 1

the permanent

tender opened by Regulation (EC) No
For
582/2004,
for the tendering period ending on 25 August
2004, the maximum amount of refund for the product and
destinations referred to in Article 1(1) of that Regulation shall
be 34,00 EUR/100 kg.

Article 2

This Regulation shall enter into force on 27 August 2004.

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

Done at Brussels, 26 August 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 90, 27.3.2004, p. 67.
(3) OJ L 90, 27.3.2004, p. 58.
Prior notification of a concentration (Case No COMP/M.3509 — RABOBANK/KBC BANK/JV) — Candidate case for simplified procedureText with EEA relevance
Date: 2004-08-26
Institutions: European Commission
Subjects: economic concentration, financial institution, merger control

26.8.2004

EN

Official Journal of the European Union

C 214/3

Prior notification of a concentration

(Case No COMP/M.3509 — RABOBANK/KBC BANK/JV)

Candidate case for simplified procedure

(2004/C 214/03)

(Text with EEA relevance)

1.
On 17 August 2004, the Commission received a notification of a proposed concentration pursuant
to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Coöperatieve Centrale
Raiffeisen-Boerenleenbank B.A.
(‘KBC’, Belgium) acquire
within the meaning of Article 3(1)(b) of the Council Regulation joint control of a newly created company,
constituting a joint venture.

(‘Rabobank’, Netherlands) and KBC Bank N.V.

2.

The business activities of the undertakings concerned are:

— for undertakings Rabobank and KBC: financial services, including banking, insurance and asset manage-

ment,

— for the JV: provision of services for the administrative processing of securities and derivatives transac-

tions.

3.
On preliminary examination, the Commission finds that the notified transaction could fall within the
scope of Regulation (EC) No 139/2004. 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 (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the
procedure set out in the Notice.

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

4.
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 +32/2/2964301 or 2967244) or by post,
under reference number COMP/M.3509 — Rabobank/KBC Bank/JV, to the following address:

European Commission
Directorate-General for Competition,
Merger Registry
J-70
B-1049 Bruxelles/Brussel

(1) OJ L 24, 29.1.2004, p. 1.
(2) Adopted by the Commission on 20 July 2004 and available on DG COMP website:

http://europa.eu.int/comm/competition/mergers/legislation/consultation/simplified_tru.pdf.
Commission Regulation (EC) No 1530/2004 of 26 August 2004 fixing production refunds on cereals and rice
Date: 2004-08-26
Institutions: European Commission
Subjects: cereals, potato, production refund, rice, starch

L 278/54

EN

Official Journal of the European Union

27.8.2004

COMMISSION REGULATION (EC) No 1530/2004

of 26 August 2004

fixing production refunds on cereals and rice

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1784/2003 of 29
September 2003, on the common organisation of the market in
cereals (1), and in particular Article 8(2) thereof,

Having regard to Council Regulation (EC) No 3072/95 of 22
December 1995 on the common organisation of the market in
rice (2), and in particular Article 8(e) thereof,

Whereas:

(1)

Commission Regulation (EEC) No 1722/93 of 30 June
1993 laying down detailed rules for the application of
Council Regulations (EEC) No 1766/92 and (EEC) No
1418/76 concerning production refunds in the cereals
and rice sectors respectively (3) lays down the conditions
for granting production refunds. The basis for calculating
the refund is laid down in Article 3 of that Regulation.
The refund thus calculated, differentiated where necessary
for potato starch, must be fixed once a month and may
be amended if the price of maize and/or wheat changes
significantly.

(2)

(3)

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

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

HAS ADOPTED THIS REGULATION:

Article 1

The refund per tonne of starch referred to in Article 3(2) of
Regulation (EEC) No 1722/93, is hereby fixed at:

(a) EUR 0,00/tonne for starch from maize, wheat, barley, oats,

rice or broken rice;

(b) EUR 0,00/tonne for potato starch.

Article 2

This Regulation shall enter into force on 27 August 2004.

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

Done at Brussels, 26 August 2004.

For the Commission

Franz FISCHLER
Member of the Commission

(1) OJ L 270, 21.10.2003, p. 78.
(2) 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).

(3) OJ L 159, 1.7.1993, p. 112. Regulation as last amended by Regu-

lation (EC) No 216/2004 (OJ L 36, 7.2.2004, p. 13).
Euro exchange rates
Date: 2004-08-26
Institutions: European Commission
Subjects: euro, exchange rate

26.8.2004

EN

Official Journal of the European Union

C 214/1

I

(Information)

COMMISSION

Euro exchange rates (1)

25 August 2004

(2004/C 214/01)

1 euro =

Currency

Exchange rate

Currency

Exchange rate

USD

JPY

DKK

GBP

SEK

CHF

ISK

NOK

BGN

CYP

CZK

EEK

HUF

LTL

US dollar

Japanese yen

Danish krone

Pound sterling

Swedish krona

Swiss franc

Iceland króna

Norwegian krone

Bulgarian lev

Cyprus pound

Czech koruna

Estonian kroon

Hungarian forint

Lithuanian litas

1,2081

LVL

Latvian lats

133,19

MTL Maltese lira

7,4359

0,6727

9,1546

1,5403

87,33

PLN

ROL

SIT

SKK

TRL

Polish zloty

Romanian leu

Slovenian tolar

Slovak koruna

Turkish lira

8,313

AUD Australian dollar

1,9559

0,5775

CAD

HKD

Canadian dollar

Hong Kong dollar

31,705

NZD New Zealand dollar

15,6466

SGD

Singapore dollar

249,40

KRW South Korean won

3,4528

ZAR

South African rand

0,6569

0,4263

4,4118

40 977

239,96

40,11

1 819 300

1,7122

1,5823

9,4232

1,8626

2,0703

1 396,50

8,0826

(1) Source: reference exchange rate published by the ECB.
Commission Regulation (EC) No 1512/2004 of 26 August 2004 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2004-08-26
Institutions: European Commission
Subjects: agri-monetary policy, citrus fruit, fruit vegetable, grape, import price, pip fruit, stone fruit

27.8.2004

EN

Official Journal of the European Union

L 278/1

I

(Acts whose publication is obligatory)

COMMISSION REGULATION (EC) No 1512/2004

of 26 August 2004

establishing the standard import values for determining the entry price of certain fruit and vege-
tables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(2)

Having regard to the Treaty
Community,

establishing the European

In compliance with the above criteria,
the standard
import values must be fixed at the levels set out in the
Annex to this Regulation,

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

and vegetables (1),

for

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.

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 27 August 2004.

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

Done at Brussels, 26 August 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 278/2

EN

Official Journal of the European Union

27.8.2004

to Commission Regulation of 26 August 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 90 70

0805 50 10

0806 10 10

0808 10 20, 0808 10 50, 0808 10 90

0808 20 50

0809 30 10, 0809 30 90

0809 40 05

Third country code (1)

Standard import value

(EUR/100 kg)

204
999

052
999

052
999

382
388
524
528
999

052
400
512
624
999

388
400
508
512
528
720
800
804
999

052
388
512
800
999

052
999

052
066
093
094
624
999

60,6
60,6

101,8
101,8

94,1
94,1

51,9
58,4
64,4
57,3
58,0

79,0
177,0
186,9
158,4
150,3

77,6
117,5
78,4
73,9
84,4
52,2
164,1
86,1
91,8

112,3
91,0
74,9
146,1
106,1

135,8
135,8

43,7
36,9
41,6
33,4
164,2
64,0

(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’.
Prior notification of a concentration (Case No COMP/M.3538 — UNIQA/CLARIS VITA) — Candidate case for simplified procedureText with EEA relevance
Date: 2004-08-26
Institutions: European Commission
Subjects: economic concentration, exchange of information, insurance company, merger control

26.8.2004

EN

Official Journal of the European Union

C 214/5

Prior notification of a concentration

(Case No COMP/M.3538 — UNIQA/CLARIS VITA)

Candidate case for simplified procedure

(2004/C 214/05)

(Text with EEA relevance)

1.
On 16 August 2004, the Commission received a notification of a proposed concentration pursuant
to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking UNIQA Versicherungen
AG (‘Uniqa’, Austria) acquires within the meaning of Article 3(1)(b) of the Council Regulation sole control
of the undertaking Claris Vita S.p.A. (‘Claris Vita’, Italy) by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— for Uniqa: insurance,

— for Claris Vita: life insurance.

3.
On preliminary examination, the Commission finds that the notified transaction could fall within the
scope of Regulation (EC) No 139/2004. 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 (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the
procedure set out in the Notice.

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

4.
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 +32/2/2964301 or 2967244) or by post,
under reference number COMP/M.3538 — Uniqa/Claris Vita, to the following address:

European Commission
Directorate-General for Competition,
Merger Registry
J-70
B-1049 Bruxelles/Brussel

(1) OJ L 24, 29.1.2004, p. 1.
(2) Adopted by the Commission on 20 July 2004 and available on DG COMP website:

http://europa.eu.int/comm/competition/mergers/legislation/consultation/simplified_tru.pdf.