do-me/EUR-LEX huggingface dataset:
Commission Regulation (EC) No 20/2005 of 6 January 2005 fixing the maximum export refund for white sugar to certain third countries for the 16th partial invitation to tender issued within the framework of the standing invitation to tender provided for in Regulation (EC) No 1327/2004
Date: 2005-01-06
Institutions: European Commission
Subjects: award of contract, export refund, third country, white sugar

7.1.2005

EN

Official Journal of the European Union

L 5/23

COMMISSION REGULATION (EC) No 20/2005

of 6 January 2005

fixing the maximum export refund for white sugar to certain third countries for the 16th partial
invitation to tender issued within the framework of the standing invitation to tender provided for
in Regulation (EC) No 1327/2004

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1260/2001 of 19
June 2001 on the common organisation of the markets in the
sugar sector (1) and in particular the second indent of Article
27(5) thereof,

Whereas:

(1)

Commission Regulation (EC) No 1327/2004 of 19 July
2004 on a standing invitation to tender to determine
levies and/or refunds on exports of white sugar (2), for
invi-
the 2004/2005 marketing year, requires partial
tations to tender to be issued for the export of this
sugar to certain third countries.

(2)

Pursuant
to Article 9(1) of Regulation (EC) No
1327/2004 a maximum export refund shall be fixed,

the

as the case may be, account being taken in particular
the
of
Community and world markets in sugar, for the partial
invitation to tender in question.

and foreseeable development of

state

(3)

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

HAS ADOPTED THIS REGULATION:

Article 1

For the 16th partial invitation to tender for white sugar issued
to Regulation (EC) No 1327/2004 the maximum
pursuant
amount of the export refund shall be 44,160 EUR/100 kg.

Article 2

This Regulation shall enter into force on 7 January 2005.

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

Done at Brussels, 6 January 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

(1) OJ L 178, 30.6.2001, p. 1. Regulation as

last amended by
Commission Regulation (EC) No 39/2004 (OJ L 6, 10.1.2004, p. 16).
(2) OJ L 246, 20.7.2004, p. 23. Regulation as amended by Regulation

(EC) No 1685/2004 (OJ L 303, 30.9.2004, p. 21).
Commission Regulation (EC) No 21/2005 of 6 January 2005 fixing the maximum export refund on barley in connection with the invitation to tender issued in Regulation (EC) No 1757/2004
Date: 2005-01-06
Institutions: European Commission
Subjects: award of contract, barley, export refund, third country

L 5/24

EN

Official Journal of the European Union

7.1.2005

COMMISSION REGULATION (EC) No 21/2005

of 6 January 2005

fixing the maximum export refund on barley in connection with the invitation to tender issued in
Regulation (EC) No 1757/2004

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

In that case a contract is awarded to any tenderer whose
bid is equal to or lower than the maximum refund.

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 13(3) thereof,

(3)

(4)

Whereas:

The application of the abovementioned criteria to the
current market
in question
results in the maximum export refund being fixed.

situation for

the cereal

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

(1)

(2)

An invitation to tender for the refund for the export of
barley to certain third countries was opened pursuant to
Commission Regulation (EC) No 1757/2004 (2).

In accordance with Article 7 of Commission Regulation
(EC) No 1501/95 of 29 June 1995 laying down certain
detailed rules for the application 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 (3), the Commission
may, on the basis of the tenders notified, decide to fix a
maximum export refund taking account of the criteria
referred to in Article 1 of Regulation (EC) No 1501/95.

HAS ADOPTED THIS REGULATION:

Article 1

For tenders notified on 31 December 2004 to 6 January 2005,
pursuant to the invitation to tender issued in Regulation (EC)
No 1757/2004, the maximum refund on exportation of barley
shall be 17,99 EUR/t.

Article 2

This Regulation shall enter into force on 7 January 2005.

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

Done at Brussels, 6 January 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

(1) OJ L 270, 21.10.2003, p. 78.
(2) OJ L 313, 12.10.2004, p. 10.
(3) OJ L 147, 30.6.1995, p. 7. Regulation as last amended by Regu-

lation (EC) No 777/2004 (OJ L 123, 27.4.2004, p. 50).
Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections
Date: 2005-01-06
Institutions: European Commission
Subjects: Italy, State aid, control of State aid, redevelopment aid

C 3/2

EN

Official Journal of the European Union

6.1.2006

Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty

Cases where the Commission raises no objections

(2006/C 3/02)

Date of adoption of the decision: 12.4.2005

Member State: Italy

Aid No: NN 41/04

Title: Dairy farm conversion aid

Objective: To help farmers giving up cow's milk production
to switch to another activity

Legal basis:

Legge 30 maggio 2003, n. 119 «Conversione in legge, con
modificazioni, del decreto-legge 28 marzo 2003, n. 49, recante
riforma della normativa in tema di applicazione del prelievo
supplementare nel settore del
lattiero-
caseari.».

latte e dei prodotti

Decreto 26 febbraio 2004 «Modalità di attuazione del regime di
aiuti per la riconversione delle aziende zootecniche da latte in
aziende estensive ad indirizzo carne o ad indirizzo latte non

bovino di cui all'art. 10, comma 21, della legge 30 maggio
2003, n. 119.»

Schema di decreto «Criteri per l'emanazione delle linee di indir-
izzo relative alla presentazione dei piani di riconversione delle
aziende zootecniche da latte di cui all'articolo 10 commi 20 e
21 della legge n. 119/03»

Budget: EUR 10 000 000

Aid intensity or amount: 40 % of eligible expenditure in
areas other than less-favoured areas (45 % for investments
carried out by young farmers within five years of setting up)
and 50 % in less-favoured areas (55 % for investments carried
out by young farmers within five years of setting up)

Duration: Indeterminate

The authentic text(s) of the decision, from which all confiden-
tial information has been removed, can be found at:

http://europa.eu.int/comm/secretariat_general/sgb/state_aids/
Opinion of the Advisory Committee on restrictive practices and dominant positions given at its 375th meeting on 14 June 2004 concerning a preliminary draft decision in Case COMP/A.38.549 — Ordre des architectes belges
Date: 2005-01-06
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: Belgium, advisory committee (EU), control of restrictive practices, professional association, restriction on competition, sanction (EU), town-planning profession

C 3/2

EN

Official Journal of the European Union

6.1.2005

Opinion of the Advisory Committee on restrictive practices and dominant positions given at its
375th meeting on 14 June 2004 concerning a preliminary draft decision in Case COMP/A.38.549 —
Ordre des architectes belges

(2005/C 3/02)

1. The members of the Advisory Committee agree with the Commission that the Belgian Architects'
Association may be considered to be an association of undertakings within the meaning of Article
81(1) of the Treaty when it adopts a regulation such as Ethical Standard No 2.

2. The members of the Advisory Committee agree with the Commission that the decision by which the
minimum fee scale known as Ethical Standard No 2 was adopted has to be considered to be a decision
by an association of undertakings within the meaning of Article 81(1) of the Treaty.

3. The members of the Advisory Committee agree with the Commission that the Ethical Standard No 2
has as its object the restriction of competition within the common market, within the meaning of
Article 81(1) of the Treaty as a result of which it is not required to define the market or demonstrate
that the decision has effectively restricted competition.

4. The members of the Advisory Committee agree with the Commission that in this case the decision

made by the association of undertakings is liable to affect trade between Member States.

5. The members of the Advisory Committee agree that the exception of the ‘Wouters’ case law is not

applicable.

6. The members of the Advisory Committee agree with the Commission that there are no grounds as
found in Article 81(3) of the Treaty for declaring the provisions of Article 81(1) inapplicable in this
case.

7. The members of the Advisory Committee agree with the Commission that despite the arguments laid

down by the Association a fine can be imposed.

8. The members of the Advisory Committee agree with the Commission on the gravity and duration of

the infringement as a result of which the starting amount will be increased by 350 %.

9. The members of the Advisory Committee agree that the Commission accurately and fully presented all

relevant circumstances concerning the fine

10. The members of the Advisory Committee agree with the relevance that was attributed to these circum-

stances as a result of which a moderate fine will be imposed.

11. The members of the Advisory Committee recommend the publication of its opinion in the Official

Journal of the European Union.

12. The members of the Advisory Committee ask the Commission to take into account all the other

points raised during the discussion.
Final report of the hearing officer in Case COMP/38.549 — Architects' Association (delivered in accordance with Article 15 of Commission Decision 2001/462/EC, ECSC of 23 May 2001 on the terms of reference of hearing officers in certain competition proceedings — OJ L 162, 19.6.2001, p. 21)
Date: 2005-01-06
Institutions: European Commission
Subjects: access to EU information, confidentiality, control of restrictive practices, disclosure of information, rights of the defence

C 3/4

EN

Official Journal of the European Union

6.1.2005

Final report of the hearing officer in Case COMP/38.549 — Architects' Association

(delivered in accordance with Article 15 of Commission Decision 2001/462/EC, ECSC of 23 May
2001 on the terms of reference of hearing officers in certain competition proceedings —
OJ L 162, 19.6.2001, p. 21)

(2005/C 3/04)

With regard to the right to be heard, the following observations can be made on the draft decision.

On 3 November 2003, following an own-initiative investigation, the Commission sent a statement of
objections to the Belgian Architects' Association. The statement of objections argued that the setting of
scales of fixed or recommended minimum fees was contrary to the rules on competition.

The Association was given access to the file on 2 December 2003.

The Association was allowed ten weeks to reply to the statement of objections. It submitted comments
within that time.

The Association considered that its rights of defence had not been fully respected in the proceedings
because it had not had access to a document that the directorate-general for Competition had classified
‘confidential’.

Upon examination it became clear that this document would have made it possible to identify a person
who had supplied information to the Commission.

It had thus been classified ‘confidential’ quite rightly, given the duty of confidentiality that rests on the
Commission in such cases.

The anonymity of a person who supplies information must be respected if that person so requests and
may otherwise be open to reprisals (Court of Justice in Case 143/85 Adams v Commission, paragraphs 34
ff.).

The Association exercised its right to defend itself orally, at a hearing that took place on 9 February 2004.

The draft Commission Decision does not raise any fresh objections additional to those in the statement of
objections previously addressed to the Association.

I consider, therefore, that the parties' right to be heard has been respected.

Brussels, 16 June 2004.

Serge DURANDE
Commission Regulation (EC) No 22/2005 of 6 January 2005 concerning tenders notified in response to the invitation to tender for the export of oats issued in Regulation (EC) No 1565/2004
Date: 2005-01-06
Institutions: European Commission
Subjects: award of contract, export refund, oats

7.1.2005

EN

Official Journal of the European Union

L 5/25

COMMISSION REGULATION (EC) No 22/2005

of 6 January 2005

concerning tenders notified in response to the invitation to tender for the export of oats issued in
Regulation (EC) No 1565/2004

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 7 thereof,

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 7 thereof,

Having regard to Commission Regulation (EC) No 1565/2004
of 3 September 2004 on a special
intervention measure for
cereals in Finland and Sweden for the 2004/2005 marketing
year (3),

Whereas:

Finland and Sweden to all
third countries, with the
exception of Bulgaria, Norway, Romania and Switzerland
was opened pursuant to Regulation (EC) No 1565/2004.

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,

(2)

(3)

HAS ADOPTED THIS REGULATION:

Article 1

No action shall be taken on the tenders notified from 31
December 2004 to 6 January 2005 in response to the invitation
to tender for the refund for the export of oats issued in Regu-
lation (EC) No 1565/2004.

Article 2

(1)

An invitation to tender for the refund for the export of
oats produced in Finland and Sweden for export from

This Regulation shall enter into force on 7 January 2005.

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

Done at Brussels, 6 January 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

(1) OJ L 270, 21.10.2003, p. 78.
(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 285, 4.9.2004, p. 3.
Euro exchange rates
Date: 2005-01-06
Institutions: European Commission
Subjects: euro, exchange rate

6.1.2005

EN

Official Journal of the European Union

C 3/1

I

(Information)

COMMISSION

Euro exchange rates (1)

5 January 2005

(2005/C 3/01)

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

1,3224

LVL

Latvian lats

138,09

MTL Maltese lira

7,4396

0,70485

9,0373

1,5528

83,24

8,2835

1,9558

0,5806

PLN

ROL

SIT

SKK

TRY

Polish zloty

Romanian leu

Slovenian tolar

Slovak koruna

Turkish lira

AUD Australian dollar

CAD

HKD

Canadian dollar

Hong Kong dollar

30,429

NZD New Zealand dollar

15,6466

SGD

Singapore dollar

246,17

KRW South Korean won

3,4528

ZAR

South African rand

0,6965

0,4332

4,1204

38 666

239,77

38,625

1,8329

1,7354

1,6269

10,301

1,8963

2,1823

1 383,76

7,8085

(1) Source: reference exchange rate published by the ECB.
Opinion of the Advisory Committee on restrictive practices and dominant positions given at its 376th meeting on 21 June 2004 concerning a preliminary draft decision in Case COMP/A.38.549 — Ordre des architectes belges
Date: 2005-01-06
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: Belgium, advisory committee (EU), control of restrictive practices, professional association, restriction on competition, sanction (EU), town-planning profession

6.1.2005

EN

Official Journal of the European Union

C 3/3

Opinion of the Advisory Committee on restrictive practices and dominant positions given at its
376th meeting on 21 June 2004 concerning a preliminary draft decision in Case COMP/A.38.549 —
Ordre des architectes belges

(2005/C 3/03)

1. The members of the Advisory Committee agree on the proposal concerning the amount of the fine.

2. The members of the Advisory Committee recommend the publication of its opinion in the Official

Journal of the European Union.

3. The members of the Advisory Committee ask the Commission to take into account all the other points

raised during the discussion.
Commission Regulation (EC) No 15/2005 of 6 January 2005 fixing production refunds on cereals and rice
Date: 2005-01-06
Institutions: European Commission
Subjects: cereals, potato, production refund, rice, starch

L 5/12

EN

Official Journal of the European Union

7.1.2005

COMMISSION REGULATION (EC) No 15/2005

of 6 January 2005

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 11,81/tonne for potato starch.

Article 2

This Regulation shall enter into force on 7 January 2005.

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

Done at Brussels, 6 January 2005.

For the Commission

Mariann FISCHER BOEL
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).
Commission Regulation (EC) No 11/2005 of 6 January 2005 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2005-01-06
Institutions: European Commission
Subjects: citrus fruit, fruit vegetable, import price, pip fruit

7.1.2005

EN

Official Journal of the European Union

L 5/1

I

(Acts whose publication is obligatory)

COMMISSION REGULATION (EC) No 11/2005

of 6 January 2005

establishing the standard import values for determining the entry price of certain fruit and
vegetables

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 7 January 2005.

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

Done at Brussels, 6 January 2005.

For the Commission

J. M. SILVA RODRÍGUEZ
Director-General for Agriculture and
Rural Development

(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 5/2

EN

Official Journal of the European Union

7.1.2005

to Commission Regulation of 6 January 2005 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 10 20

0805 20 10

0805 20 30, 0805 20 50, 0805 20 70,
0805 20 90

0805 50 10

0808 10 80

0808 20 50

Third country code (1)

Standard import value

(EUR/100 kg)

052
204
999

052
999

052
204
999

052
204
220
448
999

204
999

052
204
400
464
624
999

052
528
999

400
404
720
999

400
999

106,3
73,0
89,7

124,2
124,2

113,3
94,3
103,8

49,2
56,8
39,7
27,7
43,4

67,8
67,8

72,6
47,5
79,9
140,9
81,8
84,5

61,0
45,1
53,1

102,3
94,8
71,2
89,4

100,8
100,8

(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’.