do-me/EUR-LEX huggingface dataset:
Commission Regulation (EC) No 1554/2004 of 31 August 2004 determining the world market price for unginned cotton
Date: 2004-08-31
Institutions: European Commission
Subjects: cotton, world market price

L 282/6

EN

Official Journal of the European Union

1.9.2004

COMMISSION REGULATION (EC) No 1554/2004

of 31 August 2004

determining the world market price for unginned cotton

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Protocol 4 on cotton, annexed to the Act of
Accession of Greece, as last amended by Council Regulation
(EC) No 1050/2001 (1),

Having regard to Council Regulation (EC) No 1051/2001 of 22
May 2001 on production aid for cotton (2), and in particular
Article 4 thereof,

Whereas:

(1)

In accordance with Article 4 of Regulation (EC) No
1051/2001, a world market price for unginned cotton
is to be determined periodically from the price for ginned
cotton recorded on the world market and by reference to
the historical relationship between the price recorded for
ginned cotton and that calculated for unginned cotton.
That historical relationship has been established in Article
2(2) of Commission Regulation (EC) No 1591/2001 of 2
August 2001 laying down detailed rules for applying the
cotton aid scheme (3). Where the world market price
cannot be determined in this way, it is to be based on
the most recent price determined.

(2)

In accordance with Article 5 of Regulation (EC) No
1051/2001,
for unginned
the world market price
cotton is to be determined in respect of a product of
specific characteristics and by reference to the most

the

considered representative of

favourable offers and quotations on the world market
among those
real
market trend. To that end, an average is to be calculated
of offers and quotations recorded on one or more
European exchanges for a product delivered cif
to a
port in the Community and coming from the various
supplier countries considered the most representative in
terms of international trade. However, there is provision
for adjusting the criteria for determining the world
market price for ginned cotton to reflect differences
justified by the quality of the product delivered and the
offers and quotations concerned. Those adjustments
are specified in Article 3(2) of Regulation (EC) No
1591/2001.

(3)

The application of the above criteria gives the world
market price for unginned cotton determined hereinafter,

HAS ADOPTED THIS REGULATION:

Article 1

The world price for unginned cotton as referred to in Article 4
of Regulation (EC) No 1051/2001 is hereby determined as
equalling 21,639 EUR/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, 31 August 2004.

For the Commission

J. M. SILVA RODRÍGUEZ
Agriculture Director-General

(1) OJ L 148, 1.6.2001, p. 1.
(2) OJ L 148, 1.6.2001, p. 3.
(3) OJ L 210, 3.8.2001, p. 10. Regulation as amended by Regulation

(EC) No 1486/2002 (OJ L 223, 20.8.2002, p. 3).
Action brought on 31 August 2004 by Prosessindustriens Landsforening, Borregaard, Elkem ASA, Norsk Hydro ASA, Eramet Norway AS, Norske Skogindustrier ASA, Södra Cell Folla AS, Tinfos Titan & Iron KS, and Yara International ASA against the EFTA Surveillance Authority (Case E-6/04)
Date: 2004-08-31
Institutions: EFTA Court
Subjects: EFTA Court, Norway, action for annulment, environmental tax

23.12.2004

EN

Official Journal of the European Union

C 319/71

Action brought on 31 August 2004 by Prosessindustriens Landsforening, Borregaard, Elkem ASA,
Norsk Hydro ASA, Eramet Norway AS, Norske Skogindustrier ASA, Södra Cell Folla AS, Tinfos
Titan & Iron KS, and Yara International ASA against the EFTA Surveillance Authority

(Case E-6/04)

(2004/C 319/13)

An action against the EFTA Surveillance Authority was brought before the EFTA Court on 31 August
2004 by Prosessindustriens Landsforening, Borregaard, Elkem ASA, Norsk Hydro ASA, Eramet Norway AS,
Norske Skogindustrier ASA, Södra Cell Folla AS, Tinfos Titan & Iron KS, and Yara International ASA,
represented by Onno W. Brouwer, advocaat, and Michael Schuette, Rechtsanwalt, Freshfields Bruckhaus
Derringer, Bastion Tower, Place du Champ de Mars 5, 1050 Brussels.

The applicant claims that the Court should:

1. Annul the EFTA Surveillance Authority's Decision 148/04/COL dated 30 June 2004; and

2. Order the EFTA Surveillance Authority to pay the costs of the proceedings.

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

— EFTA Surveillance Authority Decision 148/04/COL of 30 June 2004 (the ‘Decision’) concerns electricity
tax and considers the failure to apply that tax to the manufacturing industry to constitute State aid.

— The EFTA Surveillance Authority has violated Article 61(1) EEA.

— The EFTA Surveillance Authority has violated Article 61 EEA and Part II of Protocol 3 on State aid

regarding the qualification of existing aid as new aid.

— The Decision infringes the principle of legal certainty.

— The EFTA Surveillance Authority failed to follow proper procedure, violating Articles 17, 18 and 19 of

Part II of Protocol 3 to the ESA/Court Agreement.

— The Decision violates Articles 61 and 62 EEA as regards recovery of aid.
Commission Regulation (EC) No 1563/2004 of 31 August 2004 prohibiting fishing for blue whiting by vessels flying the flag of France
Date: 2004-08-31
Institutions: European Commission
Subjects: France, catch quota, fishing area, fishing rights, ship's flag

3.9.2004

EN

Official Journal of the European Union

L 284/3

COMMISSION REGULATION (EC) No 1563/2004

of 31 August 2004

prohibiting fishing for blue whiting by vessels flying the flag of France

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EEC) No 2847/93 of
12 October 1993 establishing a control system applicable to
the common fisheries policy (1), and in particular Article 21(3)
thereof,

Whereas:

(1)

(2)

(3)

Council Regulation (EC) No 2287/2003 of 19 December
2003 fixing for 2004 the fishing opportunities and asso-
ciated fishing conditions for certain fish stocks and
groups of fish stocks, applicable in Community waters
and, for Community vessels, in waters where limitations
in catch are required, lays down quotas for blue whiting
for 2004 (2).

In order
to ensure compliance with the provisions
relating to the quantity limits on catches of stocks
subject to quotas, the Commission must fix the date by
which catches made by vessels flying the flag of a
Member State are deemed to have exhausted the quota
allocated.

According
the
information
Commission, catches of blue whiting in the waters of

received

the

by

to

ICES division Vb (Faroese waters) by vessels flying the
flag of France or registered in France have exhausted the
quota allocated for 2004. France has prohibited fishing
for this stock from 17 July 2004. This date should be
adopted in this Regulation also,

HAS ADOPTED THIS REGULATION:

Article 1

Catches of blue whiting in the waters of
ICES division Vb
(Faroese waters) by vessels flying the flag of France or registered
in France are hereby deemed to have exhausted the quota
allocated to France for 2004.

Fishing for blue whiting in the waters of
ICES division Vb
(Faroese waters) by vessels flying the flag of France or registered
in France is hereby prohibited, as are the retention on board,
transhipment and landing of this stock caught by the above
vessels after the date of application of this Regulation.

Article 2

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

It shall apply from 17 July 2004.

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

Done at Brussels, 31 August 2004.

For the Commission

Jörgen HOLMQUIST
Director-General for Fisheries

(1) OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regu-

lation (EC) No 1954/2003 (OJ L 289, 7.11.2003, p. 1).

(2) OJ L 344, 31.12.2003, p. 1. Regulation as last amended by Regu-

lation (EC) No 867/2004 (OJ L 161, 30.4.2004, p. 144).
Commission Regulation (EC) No 1552/2004 of 31 August 2004 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2004-08-31
Institutions: European Commission
Subjects: agri-monetary policy, citrus fruit, fruit vegetable, grape, import price, pip fruit, stone fruit

1.9.2004

EN

Official Journal of the European Union

L 282/1

I

(Acts whose publication is obligatory)

COMMISSION REGULATION (EC) No 1552/2004

of 31 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 1 September 2004.

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

Done at Brussels, 31 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 282/2

EN

Official Journal of the European Union

1.9.2004

to Commission Regulation of 31 August 2004 establishing the standard import values for determining the entry
price of certain fruit and vegetables

ANNEX

CN code

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)

052
999

052
999

388
524
528
999

052
400
624
999

388
400
508
512
528
720
804
999

052
388
999

052
999

052
066
093
094
624
999

89,6
89,6

89,2
89,2

48,6
56,6
51,8
52,3

86,7
177,0
158,4
140,7

79,3
74,3
71,0
80,6
78,6
40,6
64,1
69,8

121,9
106,2
114,1

134,5
134,5

80,0
38,8
33,4
25,2
164,2
68,3

(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’.
Action brought on 31 August 2004 by Fesil ASA and Finnfjord Smelteverk AS against the EFTA Surveillance Authority (Case E-5/04)
Date: 2004-08-31
Institutions: EFTA Court
Subjects: EFTA Court, Norway, action for annulment, environmental tax

C 319/70

EN

Official Journal of the European Union

23.12.2004

EFTA COURT

Action brought on 31 August 2004 by Fesil ASA and Finnfjord Smelteverk AS against the EFTA
Surveillance Authority

(Case E-5/04)

(2004/C 319/12)

An action against the EFTA Surveillance Authority was brought before the EFTA Court on 31 August
2004 by Fesil ASA and Finnfjord Smelteverk AS, represented by Jan Magne Langseth, Advokat, Advokatfir-
maet Schjødt AS, Dronning Mauds gt. 11, P.b. 2444 Solli, N-0201 Oslo.

The applicant claims that the Court should:

1. Annul the EFTA Surveillance Authority's Decision 148/04/COL dated 30 June 2004; and

2. Order the EFTA Surveillance Authority to pay the costs of the proceedings.

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

— The EFTA Surveillance Authority's Decision 148/04/COL (the ‘Decision’) concludes that the Norwegian
measure exempting the manufacturing and the mining industries from the tax on electricity consump-
tion constitutes State aid and that it constitutes new aid as from 1 January 2002.

— The Decision concludes that the relevant measures are incompatible with the EEA Agreement and the

incompatible aid must be recovered from the aid recipients.

— The EFTA Surveillance Authority has not made a correct assessment of Article 61(1) EEA.

— The EFTA Surveillance Authority misuses its powers under the EEA Agreement by its incorrect applica-

tion of Article 61(3) EEA and the Environmental Guidelines.

— There is no legal basis for recovery of the alleged aid from the applicants.