do-me/EUR-LEX huggingface dataset:
Suspension by Italy of the public service obligations imposed on eighteen routes between the Sardinian airports and the main national airports, published on 10 December 2004 in Official Journal of the European Union C 306   (Text with EEA relevance)
Date: 2005-07-01
Institutions: European Commission
Subjects: Italy, Sardinia, air transport, airline, services of general interest

C 161/10

EN

Official Journal of the European Union

1.7.2005

Suspension by Italy of the public service obligations imposed on eighteen routes between the
Sardinian airports and the main national airports, published on 10 December 2004 in Official
Journal of the European Union C 306 (1)

(2005/C 161/06)

(Text with EEA relevance)

Following the decision of the Lazio Regional Administrative Court (TAR del Lazio) of 17 March 2005,
Italy has decided to suspend from that date the public service obligations published on 10 December 2004
in Official Journal of the European Union C 306 in respect of the following 18 routes:

— Alghero/Rome and Rome/Alghero

— Alghero/Milan and Milan /Alghero

— Alghero/Bologna and Bologna/Alghero

— Alghero/Turin and Turin/Alghero

— Alghero/Pisa and Pisa/Alghero

— Cagliari/Rome and Rome/Cagliari

— Cagliari/Milan and Milan/Cagliari

— Cagliari/Bologna and Bologna/Cagliari

— Cagliari/Turin and Turin/Cagliari

— Cagliari/Pisa and Pisa/Cagliari

— Cagliari/Verona and Verona/Cagliari

— Cagliari/Naples and Naples/Cagliari

— Cagliari/Palermo and Palermo/Cagliari

— Olbia/Rome and Rome/Olbia

— Olbia/Milan and Milan/Olbia

— Olbia/Bologna and Bologna/Olbia

— Olbia/Turin and Turin/Olbia

— Olbia/Verona and Verona/Olbia

(1) OJ C 306, 10.12.2004, p. 6.
Judgment of the Court of  1 July 2005  in Case E-10/04 Paolo Piazza and Paul Schurte AG  (Admissibility — security for costs before national courts — free movement of capital — freedom to provide services)
Date: 2005-07-01
Institutions: EFTA Court
Subjects: EFTA Court, European Economic Area, free movement of capital, freedom to provide services, interpretation of the law, ruling

C 45/16

EN

Official Journal of the European Union

23.2.2006

JUDGMENT OF THE COURT

of 1 July 2005

in Case E-10/04 Paolo Piazza and Paul Schurte AG

(Admissibility — security for costs before national courts — free movement of capital — freedom to provide services)

(2006/C 45/12)

In Case E-10/04 between Paolo Piazza and Paul Schurte AG — REQUEST to the Court by Fürstliches Land-
gericht (Princely Court of Justice), concerning free movement of services and capital within the EEA, the
Court, composed of Carl Baudenbacher, President, Per Tresselt and Thorgeir Örlygsson (Judge-Rapporteur),
Judges, gave judgment on 1 July 2005, the operative part of which is as follows:

A national provision, which excludes all means of security for costs in court proceedings, originating in
other Contracting Parties, violates Article 40 EEA and cannot be justified on grounds of public policy in
order to ensure the good functioning of the civil justice system.
Prior notification of a concentration (Case COMP/M.3841 — Valoriza Gestion/Aguas de Las Palmas) — Candidate case for simplified procedure Text with EEA relevance
Date: 2005-07-01
Institutions: European Commission
Subjects: economic concentration, merger control, service industry, waste management, water supply

1.7.2005

EN

Official Journal of the European Union

C 161/3

Prior notification of a concentration

(Case COMP/M.3841 — Valoriza Gestion/Aguas de Las Palmas)

Candidate case for simplified procedure

(2005/C 161/03)

(Text with EEA relevance)

1.
On 24 June 2005, 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 Valoriza Gestión, S.A.U.
(‘Valoriza’, Spain) belonging to the group Sacyr Vallehermoso and Saur S.A. (‘Saur’, France) belonging to
the group PAI Partners acquire within the meaning of Article 3(1)(b) of the Council Regulation joint
control of Empresa Mixta de Aguas de Las Palmas, S.A. (‘Emalsa’, Spain), currently jointly controlled by
Saur and by Endesa Participadas S.A. via Nueva Nuinsa S.L. (‘Nueva Nuinsa’, Spain). Valoriza will acquire
joint control over Emalsa by way of purchase of shares in Nueva Nuinsa.

2.

The business activities of the undertakings concerned are:

— Valoriza: water services management, waste management, development of alternative energies, real

estate maintenance;

— Emalsa: management of water services on behalf of the municipalities of Las Palmas de Gran Canarias

and Santa Brígida, and at Puerto de la Luz y de las Palmas;

— Saur: water services and waste management;

— Nueva Nuinsa: holding company.

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 (No (32-2) 296 43 01 or 296 72 44) or by post,
under reference number COMP/M.3841 — Valoriza Gestion/Aguas de Las Palmas, to the following
address:

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

(1) OJ L 24, 29.1.2004, p. 1.
(2) OJ C 56, 5.3.2005, p. 32.
Commission Regulation (EC) No 1037/2005 of 1 July 2005 establishing emergency measures for the protection and recovery of the anchovy stock in ICES Sub-area VIII
Date: 2005-07-01
Institutions: European Commission
Subjects: fishery management, fishing area, fishing rights

L 171/24

EN

Official Journal of the European Union

2.7.2005

COMMISSION REGULATION (EC) No 1037/2005

of 1 July 2005

establishing emergency measures for the protection and recovery of the anchovy stock in ICES
Sub-area VIII

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 2371/2002 of
20 December 2002 on the conservation and sustainable exploi-
the Common Fisheries
tation of
Policy (1) and in particular Article 7(1) thereof,

resources under

fisheries

Whereas:

(1)

information from the

New scientific
International
Council for the Exploration of the Sea (ICES) indicates
that urgent measures are necessary for the protection and
recovery of the anchovy stock in ICES Sub-area VIII. The
fishery should therefore be closed with immediate effect
for a period of three months.

after consulting the Scientific, Technical and Economic
Committee for Fisheries.

(3)

It is therefore appropriate for the Commission to take,
on its own initiative, emergency measures to protect the
anchovy stock,

HAS ADOPTED THIS REGULATION:

Article 1

Fishing for anchovy in ICES Sub-area VIII shall be prohibited. It
shall also be prohibited to retain on board, tranship or land
anchovy caught in ICES Sub-area VIII after the date of entry
into force 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.

(2)

The Commission will, within the closure period, make an
assessment of whether the closure should be reviewed

It shall apply for a period of three months.

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

Done at Brussels, 1 July 2005.

For the Commission

Joe BORG
Member of the Commission

(1) OJ L 358, 31.12.2002, p. 59.
Council statement concerning the framework agreement on relations between the European Parliament and the Commission
Date: 2005-07-01
Institutions: Council of the European Union
Subjects: European Commission, European Parliament, interinstitutional agreement, interinstitutional relations (EU)

1.7.2005

EN

Official Journal of the European Union

C 161/1

I

(Information)

COUNCIL

Council statement concerning the framework agreement on relations between the European Parlia-
ment and the Commission

(2005/C 161/01)

In the light of the signing by the European Parliament and the Commission of the framework agreement
on relations between the European Parliament and the Commission on 26 May 2005, Coreper recom-
mends that the Council enter the following statement in its minutes and publish it in the C series of the
Official Journal of the European Union:

‘The Council has taken note of the framework agreement on relations between the European Parliament
and the Commission signed on 26 May 2005 by the two institutions, notwithstanding the spirit of Declara-
tion No 3 on Article 10 of the Treaty establishing the European Community contained in the Final Act of
the Nice Treaty.

Recalling its statement of 10 July 2000, the Council is concerned at the fact that several provisions of the
new framework agreement seek to bring about, even more markedly than the framework agreement of
2000, a shift in the institutional balance resulting from the Treaties in force. It regrets not being informed
earlier, in a spirit of sincere cooperation, of the negotiations on this new framework agreement. It further
regrets that the two institutions concerned did not feel the need to take account of the points on which it
had expressed concern in its appropriate bodies, before the agreement was signed.

The Council would point out in particular that under the EC Treaty (Article 201), a motion of censure on
the activities of the Commission can only be tabled against all the members of the Commission as a
college, and not an individual member. Article 217 enshrines the principle of collective responsibility for
Commission action. The Council would also stress that the multiannual work programming procedure was
adopted by the European Council at its meeting in Seville in June 2002. Finally, it would recall that the
procedures enabling the European Parliament to be involved in international negotiations are governed by
Article 300 of the EC Treaty and that practical arrangements concerning the presence of Members of the
European Parliament in delegations of the Community or representing the European Union at international
conferences were adopted in 1998.

The Council stresses that the undertakings entered into by these institutions cannot be enforced against it
in any circumstances. It reserves its rights and in particular the right to take any measure appropriate
should the application of the provisions of the framework agreement impinge upon the Treaties' allocation
of powers to the institutions or upon the institutional equilibrium that they create.’
Commission Regulation (EC) No 1031/2005 of 1 July 2005 fixing the minimum selling price for skimmed-milk powder for the 21st individual invitation to tender issued under the standing invitation to tender referred to in Regulation (EC) No 214/2001
Date: 2005-07-01
Institutions: European Commission
Subjects: award of contract, intervention price, minimum price, skimmed milk powder

2.7.2005

EN

Official Journal of the European Union

L 171/7

COMMISSION REGULATION (EC) No 1031/2005

of 1 July 2005

fixing the minimum selling price for skimmed-milk powder for the 21st individual invitation to
tender issued under the standing invitation to tender referred to in Regulation (EC) No 214/2001

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 Article 10(c)
thereof,

shall be fixed or a decision shall be taken to make no
award, in accordance with Article 24a of Regulation (EC)
No 214/2001.

(3)

(4)

In the light of the tenders received, a minimum selling
price should be fixed.

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

Whereas:

(1)

Pursuant to Article 21 of Commission Regulation (EC)
No 214/2001 of 12 January 2001 laying down detailed
rules for the application of Council Regulation (EC) No
in
1255/1999 as regards intervention on the market
skimmed milk (2), intervention agencies have put up for
sale by standing invitation to tender certain quantities of
skimmed-milk powder held by them.

HAS ADOPTED THIS REGULATION:

Article 1

For the 21st individual invitation to tender pursuant to Regu-
lation (EC) No 214/2001, in respect of which the time limit for
the
the submission of
minimum selling price
fixed at
196,24 EUR/100 kg.

tenders expired on 28 June 2005,

skimmed milk is

for

(2)

In the light of the tenders received in response to each
individual invitation to tender a minimum selling price

This Regulation shall enter into force on 2 July 2005.

Article 2

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

Done at Brussels, 1 July 2005.

For the Commission

Mariann FISCHER BOEL
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 37, 7.2.2001, p. 100. Regulation as last amended by Regu-

lation (EC) No 2250/2004 (OJ L 381, 28.12.2004, p. 25).
Commission Regulation (EC) No 1030/2005 of 1 July 2005 concerning the 338th special invitation to tender opened under the standing invitation to tender provided for in Regulation (EEC) No 429/90
Date: 2005-07-01
Institutions: European Commission
Subjects: award of contract, butter, concentrated product, farm price support

L 171/6

EN

Official Journal of the European Union

2.7.2005

COMMISSION REGULATION (EC) No 1030/2005

of 1 July 2005

concerning the 338th special invitation to tender opened under the standing invitation to tender
provided for in Regulation (EEC) No 429/90

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 Article 10 thereof,

(2)

(3)

Whereas:

(1)

In accordance with Commission Regulation (EEC)
No 429/90 of 20 February 1990 on the granting by
invitation to tender of an aid for concentrated butter
intended for direct consumption in the Community (2),
the intervention agencies are opening a standing invi-
tation to tender for the granting of aid for concentrated
butter. Article 6 of that Regulation provides that in the
light of the tenders received in response to each special
invitation to tender, a maximum amount of aid is to be
fixed for concentrated butter with a minimum fat

content of 96 % or a decision is to be taken to make
no award; the end-use security must be fixed accordingly.

On the basis of the examination of the offers received,
the tendering procedure should not be proceeded with.

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

HAS ADOPTED THIS REGULATION:

Article 1

For the 338th tender under the standing invitation to tender
opened by Regulation (EEC) No 429/90 no award shall be
made.

Article 2

This Regulation shall enter into force on 2 July 2005.

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

Done at Brussels, 1 July 2005.

For the Commission

Mariann FISCHER BOEL
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 45, 21.2.1990, p. 8. Regulation as

(EC) No 2250/2004 (OJ

last amended by
L 381,

Commission Regulation
28.12.2004, p. 25).
Commission Regulation (EC) No 1027/2005 of 1 July 2005 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2005-07-01
Institutions: European Commission
Subjects: citrus fruit, fruit vegetable, import price, pip fruit, stone fruit

2.7.2005

EN

Official Journal of the European Union

L 171/1

I

(Acts whose publication is obligatory)

COMMISSION REGULATION (EC) No 1027/2005

of 1 July 2005

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
Community,

establishing the European

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

for

Whereas:

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.

(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

Article 2

This Regulation shall enter into force on 2 July 2005.

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

Done at Brussels, 1 July 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 171/2

EN

Official Journal of the European Union

2.7.2005

to Commission Regulation of 1 July 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 50 10

0808 10 80

0809 10 00

0809 20 95

0809 40 05

Third country code (1)

Standard import value

(EUR/100 kg)

052
999

052
999

052
999

382
388
528
999

388
400
508
512
524
528
720
804
999

052
999

052
068
400
999

624
999

60,2
60,2

80,7
80,7

87,3
87,3

71,1
64,9
59,9
65,3

91,7
88,3
78,2
72,2
62,4
73,7
98,8
99,3
83,1

179,2
179,2

272,5
218,2
307,0
265,9

121,4
121,4

(1) Country nomenclature as fixed by Commission Regulation (EC) No 750/2005 (OJ L 126, 19.5.2005, p. 12). Code ‘999’ stands for ‘of

other origin’.
Commission Regulation (EC) No 1029/2005 of 1 July 2005 fixing the minimum selling price for skimmed-milk powder for the 85th individual invitation to tender issued under the standing invitation to tender referred to in Regulation (EC) No 2799/1999
Date: 2005-07-01
Institutions: European Commission
Subjects: award of contract, intervention price, minimum price, skimmed milk powder

2.7.2005

EN

Official Journal of the European Union

L 171/5

COMMISSION REGULATION (EC) No 1029/2005

of 1 July 2005

fixing the minimum selling price for skimmed-milk powder for the 85th individual invitation to
tender issued under the standing invitation to tender referred to in Regulation (EC) No 2799/1999

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 Article 10 thereof,

(3)

(4)

In the light of the tenders received, the minimum selling
price should be fixed at the level specified below and the
processing security determined accordingly.

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

Whereas:

(1)

(2)

Pursuant to Article 26 of Commission Regulation (EC)
No 2799/1999 of 17 December 1999 laying down
for applying Council Regulation (EC)
detailed rules
No 1255/1999 as
aid for
skimmed milk and skimmed-milk powder intended for
animal
such skimmed-milk
powder (2),
intervention agencies have put up for sale
by standing invitation to tender certain quantities of
skimmed-milk powder held by them.

feed and the

the grant of

sale of

regards

According to Article 30 of the said Regulation,
in the
light of the tenders received in response to each indi-
invitation to tender a minimum selling price
vidual
shall be fixed or a decision shall be taken to make no
award. The amount of the processing security shall also
be fixed taking account of the difference between the
market price of
the
skimmed-milk
minimum selling price.

powder

and

HAS ADOPTED THIS REGULATION:

Article 1

For the 85th individual invitation to tender pursuant to Regu-
lation (EC) No 2799/1999, in respect of which the time limit
for the submission of tenders expired on 28 June 2005, the
minimum selling price and the processing security are fixed as
follows:

— minimum selling price:

— processing security:

195,24 EUR/100 kg,

35,00 EUR/100 kg.

Article 2

This Regulation shall enter into force on 2 July 2005.

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

Done at Brussels, 1 July 2005.

For the Commission

Mariann FISCHER BOEL
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 340, 31.12.1999, p. 3. Regulation as last amended by Regu-

lation (EC) No 2250/2004 (OJ L 381, 28.12.2004, p. 25).
Judgment of the Court of  1 July 2005  in Case E-8/04 EFTA Surveillance Authority v the Principality of Liechtenstein  (Right of establishment — Residence requirement for one member of management board and one member of executive management in banks)
Date: 2005-07-01
Institutions: EFTA Court
Subjects: EFTA Court, European Economic Area, Liechtenstein, law of banking, right of establishment, ruling, supervisory power

23.2.2006

EN

Official Journal of the European Union

C 45/15

JUDGMENT OF THE COURT

of 1 July 2005

in Case E-8/04 EFTA Surveillance Authority v the Principality of Liechtenstein

(Right of establishment — Residence requirement for one member of management board and one member of executive
management in banks)

(2006/C 45/11)

In Case E-8/04, EFTA Surveillance Authority v the Principality of Liechtenstein —APPLICATION seeking
an order from the EFTA Court that the Principality of Liechtenstein has failed to respect its obligations,
arising from Article 31 of the Agreement on the European Economic Area by maintaining in force Section
25 of the Banking Act (Gesetz vom 21 Oktober 1992 über die Banken und Finanzgesellschaften), whereby a resi-
dence requirement is imposed on at least one member of the management board and one member of the
executive management in a bank established in its territory, the Court, composed of: Carl Baudenbacher,
President, Per Tresselt (Judge-Rapporteur) and Thorgeir Örlygsson, Judges, gave judgment of 1 July 2005,
the operative part of which is as follows:

1. Declares that the Principality of Liechtenstein has failed to respect its obligations, arising from Article
31 of the Agreement on the European Economic Area, by maintaining in force Section 25 of the
Banking Act (Gesetz vom 21 Oktober 1992 über die Banken und Finanzgesellschaften), whereby a residence
requirement is imposed on at least one member of the management board and one member of the
executive management of a bank established in its territory.

2. Orders the Principality of Liechtenstein to pay the costs of the proceedings.