do-me/EUR-LEX huggingface dataset:
Judgment of the Court of  24 November 2005  in Case E-2/05 — EFTA Surveillance Authority v The Republic of Iceland  (State aid — Failure of a Contracting Party to fulfil its obligations — Second subparagraph of Article 1(2) of Part I of Protocol 3 SCA — Validity of a decision by the EFTA Surveillance Authority — Termination of tax measures and recovery of aid — Absolute impossibility to implement a decision of the EFTA Surveillance Authority)
Date: 2005-11-24
Institutions: EFTA Court
Subjects: EFTA Court, Iceland, State aid, action for failure to fulfil an obligation, control of State aid, tax system

9.3.2006

EN

Official Journal of the European Union

C 57/23

EUROPEAN ECONOMIC AREA

EFTA COURT

JUDGMENT OF THE COURT

of 24 November 2005

in Case E-2/05

EFTA Surveillance Authority v The Republic of Iceland

(State aid — Failure of a Contracting Party to fulfil its obligations — Second subparagraph of Article 1(2) of Part I
of Protocol 3 SCA — Validity of a decision by the EFTA Surveillance Authority — Termination of tax measures
and recovery of aid — Absolute impossibility to implement a decision of the EFTA Surveillance Authority)

(2006/C 57/08)

In Case E-2/05, EFTA Surveillance Authority v the Republic of Iceland — APPLICATION for a declaration
that the Republic of Iceland has failed to fulfil its obligations under points 2, 3 and 4 of the EFTA Surveil-
lance Authority's Decision No 21/04/COL of 25 February 2004 with regard to International Trading
Companies, the Court, composed of: Carl Baudenbacher, President and Judge-Rapporteur, Per Tresselt and
Stefán Már Stefánsson (ad hoc), Judges, gave judgment of 24 November 2005, the operative part of which
is as follows:

1. Declares that by failing to terminate the tax scheme declared incompatible with the EEA Agreement by
Decision No 21/04/COL of 25 February 2004, to recover the aid provided, and to inform the EFTA
Surveillance Authority as required, the Republic of Iceland has failed to fulfil its obligations under
points 2, 3 and 4 of the said decision.

2. Orders the Republic of Iceland to pay the costs of the proceedings.
Commission Regulation (EC) No 1933/2005 of  24 November 2005  concerning tenders notified in response to the invitation to tender for the export of barley issued in Regulation (EC) No 1058/2005
Date: 2005-11-24
Institutions: European Commission
Subjects: award of contract, barley, export refund

L 307/50

EN

Official Journal of the European Union

25.11.2005

COMMISSION REGULATION (EC) No 1933/2005

of 24 November 2005

concerning tenders notified in response to the invitation to tender for the export of barley issued
in Regulation (EC) No 1058/2005

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 13(3) thereof,

Whereas:

(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 1058/2005 (2).

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), and in particular Article 13(3)
thereof,

(3)

(4)

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
the Management
accordance with the opinion of
Committee for Cereals,

HAS ADOPTED THIS REGULATION:

Article 1

No action shall be taken on the tenders notified from
18 to 24 November 2005 in response to the invitation to
tender for the refund for the export of barley issued in Regu-
lation (EC) No 1058/2005.

Article 2

This Regulation shall enter into force on 25 November 2005.

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

Done at Brussels, 24 November 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

(1) OJ L 270, 21.10.2003, p. 78. Regulation as

(EC) No 1154/2005 (OJ

amended by
L 187,

Commission Regulation
19.7.2005, p. 11).

(2) OJ L 174, 7.7.2005, p. 12.

(3) OJ L 147, 30.6.1995, p. 7. Regulation as

last modified by

Regulation (EC) No 777/2004 (OJ L 123, 27.4.2004, p. 50).
Commission Regulation (EC) No 1922/2005 of  24 November 2005  fixing the maximum export refund for butter in the framework of the standing invitation to tender provided for in Regulation (EC) No 581/2004
Date: 2005-11-24
Institutions: European Commission
Subjects: award of contract, butter, export refund

L 307/28

EN

Official Journal of the European Union

25.11.2005

COMMISSION REGULATION (EC) No 1922/2005

of 24 November 2005

fixing the maximum export refund for butter in the framework of the standing invitation to tender
provided for in Regulation (EC) No 581/2004

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 sub-
paragraph of Article 31(3) thereof,

Whereas:

(1)

(2)

Commission Regulation (EC) No 581/2004 of 26 March
2004 opening a standing invitation to tender for export
refunds concerning certain types of butter (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)
the

and following an examination of

tenders submitted in response to the invitation to tender,
it is appropriate to fix a maximum export refund for the
tendering period ending on 22 November 2005.

(3)

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

the permanent
for

tender opened by Regulation (EC)
For
tendering period ending on 22
No 581/2004,
November 2005,
the maximum amount of refund for the
products referred to in Article 1(1) of that Regulation shall be
as shown in the Annex to this Regulation.

the

Article 2

This Regulation shall enter into force on 25 November 2005.

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

Done at Brussels, 24 November 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 90, 27.3.2004, p. 64. Regulation as last amended by Regu-

lation (EC) No 1239/2005 (OJ L 200, 30.7.2005, p. 32).

(3) OJ L 90, 27.3.2004, p. 58. Regulation as amended by Regulation

(EC) No 2250/2004 (OJ L 381, 28.12.2004, p. 25).

25.11.2005

EN

Official Journal of the European Union

L 307/29

ANNEX

Product

Export refund Code

(EUR/100 kg)

Maximum amount of export refund for export
to the destinations referred to in the second
subparagraph of Article 1(1) of Regulation (EC)
No 581/2004

Butter

Butter

Butteroil

ex 0405 10 19 9500

ex 0405 10 19 9700

ex 0405 90 10 9000

92,49

98,55

120,10
Commission Regulation (EC) No 1932/2005 of  24 November 2005  fixing the maximum reduction in the duty on maize imported in connection with the invitation to tender issued in Regulation (EC) No 1809/2005
Date: 2005-11-24
Institutions: European Commission
Subjects: CCT duties, Portugal, award of contract, import, maize, tariff reduction

25.11.2005

EN

Official Journal of the European Union

L 307/49

COMMISSION REGULATION (EC) No 1932/2005

of 24 November 2005

fixing the maximum reduction in the duty on maize imported in connection with the invitation to
tender issued in Regulation (EC) No 1809/2005

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 12(1) thereof,

(3)

(4)

The application of the abovementioned criteria to the
current market
in question
results in the maximum reduction in the import duty
being fixed at the amount specified in Article 1.

situation for

the cereal

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 maximum reduction in
the duty on maize imported into Portugal from third
countries was opened pursuant to Commission Regu-
lation (EC) No 1809/2005 (2).

the Commission, acting under

Pursuant to Article 7 of Commission Regulation (EC)
No 1839/95 (3),
the
procedure laid down in Article 25 of Regulation (EC)
No 1784/2003, may decide to fix maximum reduction
in the import duty. In fixing this maximum the criteria
provided for in Articles 6 and 7 of Regulation (EC)
No 1839/95 must be taken into account. A contract is
awarded to any tenderer whose tender is equal to or less
than the maximum reduction in the duty.

HAS ADOPTED THIS REGULATION:

Article 1

For tenders notified from 18 to 24 November 2005, pursuant
to the invitation to tender
issued in Regulation (EC) No
the maximum reduction in the duty on maize
1809/2005,
imported shall be 19,47 EUR/t and be valid for a total
maximum quantity of 57 500 t.

Article 2

This Regulation shall enter into force on 25 November 2005.

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

Done at Brussels, 24 November 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

(1) OJ L 270, 21.10.2003, p. 78. Regulation as

(EC) No 1154/2005 (OJ

amended by
L 187,

Commission Regulation
19.7.2005, p. 11).

(2) OJ L 291, 5.11.2005, p. 4.
(3) OJ L 177, 28.7.1995, p. 4. Regulation as last amended by Regu-

lation (EC) No 2235/2005 (OJ L 256, 10.10.2005, p. 13).
Euro exchange rates
Date: 2005-11-24
Institutions: European Commission
Subjects: euro, exchange rate

24.11.2005

EN

Official Journal of the European Union

C 292/7

COMMISSION

Euro exchange rates (1)

23 November 2005

(2005/C 292/04)

1 euro =

Currency

Exchange rate

Currency

Exchange rate

USD

JPY

DKK

GBP

SEK

CHF

ISK

NOK

BGN

CYP

CZK

EEK

HUF

LTL

LVL

MTL

PLN

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

Latvian lats

Maltese lira

Polish zloty

RON

Romanian leu

1,1776

139,78

7,4610

0,68460

9,5162

1,5491

74,23

7,8630

1,9551

0,5736

29,240

15,6466

252,55

3,4528

0,6961

0,4293

3,9428

3,6649

SIT

SKK

TRY

Slovenian tolar

Slovak koruna

Turkish lira

AUD Australian dollar

CAD

HKD

Canadian dollar

Hong Kong dollar

NZD New Zealand dollar

SGD

Singapore dollar

239,54

38,580

1,6049

1,5988

1,3817

9,1301

1,7035

1,9954

KRW South Korean won

1 221,05

ZAR

CNY

HRK

IDR

South African rand

Chinese yuan renminbi

Croatian kuna

7,7651

9,5169

7,4020

Indonesian rupiah

11 840,77

MYR Malaysian ringgit

PHP

RUB

THB

Philippine peso

Russian rouble

Thai baht

4,451

63,967

33,8870

48,488

(1) Source:

reference exchange rate published by the ECB.
2005/838/EC,Euratom: Council Decision of  24 November 2005  appointing a French member of the Economic and Social Committee
Date: 2005-11-24
Institutions: Council of the European Union
Subjects: European Economic and Social Committee, France, appointment of staff

29.11.2005

EN

Official Journal of the European Union

L 312/59

COUNCIL DECISION

of 24 November 2005

appointing a French member of the Economic and Social Committee

(2005/838/EC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

HAS DECIDED AS FOLLOWS:

Having regard to the Treaty
Community, and in particular Article 259 thereof,

establishing the European

Having regard to the Treaty establishing the European Atomic
Energy Community, and in particular Article 167 thereof,

Having regard to Council Decision 2002/758/EC, Euratom of
17 September 2002 appointing the members of the Economic
and Social Committee for the period from 21 September 2002
to 20 September 2006 (1),

Article 1

Mr Jean-François PONS is hereby appointed a member of the
European Economic and Social Committee in place of Mr Pierre
SIMON for the remainder of the latter's term of office, namely
until 20 September 2006.

Article 2

This Decision shall be published in the Official Journal of the
European Union.

Having regard to the nomination submitted by the French
government,

It shall take effect on the date of its adoption.

Having regard to the opinion of the Commission,

Whereas:

Done at Brussels, 24 November 2005.

a member's
Committee has
Mr Pierre SIMON,

seat on the European Economic and Social
following the resignation of

fallen vacant

For the Council
The President

I. LEWIS

(1) OJ L 253, 21.9.2002, p. 9.
Prior notification of a concentration (Case COMP/M.4029 — Kuehne + Nagel/ACR Logistics) — Candidate case for simplified procedure Text with EEA relevance
Date: 2005-11-24
Institutions: European Commission
Subjects: economic concentration, merger control, services company

24.11.2005

EN

Official Journal of the European Union

C 292/9

Prior notification of a concentration

(Case COMP/M.4029 — Kuehne + Nagel/ACR Logistics)

Candidate case for simplified procedure

(2005/C 292/06)

(Text with EEA relevance)

1.
On 17 November 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 undertaking Kuehne +
Nagel International AG (‘K+N’, Switzerland) acquires within the meaning of Article 3(1)(b) of the Council
Regulation control of the whole of the undertaking ACR Logistics Holdings BV (‘ACR’, The Netherlands) by
way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— for K+N: Logistics company with main activities in sea freight forwarding, airfreight forwarding and

contract logistics;

— for ACR: Contract logistics.

On preliminary examination, the Commission finds that the notified transaction could fall within the
3.
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.4029 — Kuehne + Nagel/ACR Logistics, to the following address:

European Commission
Competition DG
Merger Registry
J-70
BE-1049 Brussels

(1) OJ L 24, 29.1.2004, p. 1.
(2) OJ C 56, 5.3.2005, p. 32.
Commission Regulation (EC) No 1916/2005 of  24 November 2005  amending Annex II to Council Regulation (EEC) No 2092/91 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs
Date: 2005-11-24
Institutions: European Commission
Subjects: animal feedingstuffs, organic farming, organic product, vitamin

L 307/10

EN

Official Journal of the European Union

25.11.2005

COMMISSION REGULATION (EC) No 1916/2005

of 24 November 2005

amending Annex II to Council Regulation (EEC) No 2092/91 on organic production of agricultural
products and indications referring thereto on agricultural products and foodstuffs

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EEC) No 2092/91 of
24 June 1991 on organic production of agricultural products
and indications referring thereto on agricultural products and
foodstuffs (1), and in particular the second indent of Article 13
thereof,

Whereas:

climate and available sources of feed, are expected to
persist,
for
ruminants should be allowed after that date.

such synthetic

vitamins

use of

the

(3)

(4)

Regulation (EEC) No 2092/91 should therefore be
amended accordingly.

The measures provided for in this Regulation are in
accordance with the opinion of the Committee set up
by Article 14 of Regulation (EEC) No 2092/91,

HAS ADOPTED THIS REGULATION:

Article 1

(1)

(2)

Annex II to Regulation (EEC) No 2092/91 allows for the
use of synthetic vitamins A, D and E for ruminants
during a transitional period ending on 31 December
2005.

Annex II
accordance with the Annex to this Regulation.

to Regulation (EEC) No 2092/91 is amended in

Article 2

Since the existing regional differences in the possibility
for organic ruminants to obtain the necessary essential
vitamins A, D and E through their feed rations, as regards

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

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

Done at Brussels, 24 November 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

(1) OJ L 198, 22.7.1991, p. 1. Regulation last amended by Regulation

(EC) No 1567/2005 (OJ L 252, 28.9.2005, p. 1).

25.11.2005

EN

Official Journal of the European Union

L 307/11

ANNEX

In Part D of Annex II to Regulation (EEC) No 2092/91, point 1.2 is replaced by the following:

‘1.2. Vitamins, provitamins and chemically well-defined substances having a similar effect. Only the following

substances are included in this category:

Vitamins authorised under Regulation (EC) No 1831/2003 of the European parliament and of the Council (*):
— vitamins derived from raw materials occurring naturally in feedingstuffs,
— synthetic vitamins identical to natural vitamins for monogastric animals,
— with prior authorisation of the Member State competent authority, synthetic vitamins A, D and E identical

to natural vitamins for ruminants.

___________
(*) OJ L 268, 18.10.2003, p. 29.’
Commission Regulation (EC) No 1929/2005 of  24 November 2005  fixing the definitive rate of refund and the percentage of system B export licences to be issued in the fruit and vegetables sector (tomatoes, oranges, lemons, table grapes and apples)
Date: 2005-11-24
Institutions: European Commission
Subjects: citrus fruit, export licence, export refund, fruit vegetable, grape, pip fruit

L 307/44

EN

Official Journal of the European Union

25.11.2005

COMMISSION REGULATION (EC) No 1929/2005

of 24 November 2005

fixing the definitive rate of refund and the percentage of system B export licences to be issued in
the fruit and vegetables sector (tomatoes, oranges, lemons, table grapes and apples)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(2)

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 2200/96 of
28 October 1996 on the common organisation of the market
in fruit and vegetables (1),

Having regard to Commission Regulation (EC) No 1961/2001
of 8 October 2001 on detailed rules for implementing Council
Regulation (EC) No 2200/96 as regards export refunds on fruit
and vegetables (2), and in particular Article 6(7) thereof,

Whereas:

refund for

tomatoes, oranges,
The definitive rate of
lemons,
table grapes and apples covered by licences
applied for under system B between 16 September
2005 to 15 November 2005, should be fixed at the
indicative rate, and the percentage of
licences to be
issued for the quantities applied for should be laid down,

HAS ADOPTED THIS REGULATION:

Article 1

for

system B export

submitted
For applications
to Article 1 of Regulation (EC) No 1172/2005
pursuant
between 16 September 2005 and 15 November 2005,
the
percentages of licences to be issued and the rates of refund
applicable are fixed in the Annex hereto.

licences

(1)

Commission Regulation (EC) No 1172/2005 (3) fixed the
indicative quantities for the issue of B system export
licences.

Article 2

This Regulation shall enter into force on 26 November 2005.

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

Done at Brussels, 24 November 2005.

For the Commission

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

(1) OJ L 297, 21.11.1996, p. 1. Regulation as last amended by
Commission Regulation (EC) No 47/2003 (OJ L 7, 11.1.2003,
p. 64).

(2) OJ L 268, 9.10.2001, p. 8. Regulation as amended by Regulation

(EC) No 386/2005 (OJ L 62, 9.3.2005, p. 3).

(3) OJ L 188, 20.7.2005, p. 29.

25.11.2005

EN

Official Journal of the European Union

L 307/45

Percentages for the issuing of licences and rates of refund applicable to system B licences applied for between
16 September 2005 to 15 November 2005 (tomatoes, oranges, lemons, table grapes and apples)

ANNEX

Product

Rate of refund
(EUR/t net)

Percentages of licences to
be issued for the quan-
tities applied for

Tomatoes

Oranges

Lemons

Table grapes

Apples

35

38

60

23

36

100 %

100 %

100 %

100 %

100 %
Commission Regulation (EC) No 1935/2005 of  24 November 2005  fixing the maximum export refund on common wheat in connection with the invitation to tender issued in Regulation (EC) No 1059/2005
Date: 2005-11-24
Institutions: European Commission
Subjects: award of contract, common wheat, export refund

L 307/52

EN

Official Journal of the European Union

25.11.2005

COMMISSION REGULATION (EC) No 1935/2005

of 24 November 2005

fixing the maximum export refund on common wheat in connection with the invitation to tender
issued in Regulation (EC) No 1059/2005

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 13(3) thereof,

(3)

(4)

Whereas:

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

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

(1)

(2)

An invitation to tender for the refund for the export of
common wheat to certain third countries was opened
pursuant
(EC) No
to
1059/2005 (2).

Commission

Regulation

HAS ADOPTED THIS REGULATION:

Article 1

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.

For tenders notified from 18 to 24 November 2005, pursuant
to the invitation to tender
issued in Regulation (EC) No
1059/2005, the maximum refund on exportation of common
wheat shall be 5,00 EUR/t.

Article 2

This Regulation shall enter into force on 25 November 2005.

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

Done at Brussels, 24 November 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

(1) OJ L 270, 21.10.2003, p. 78. Regulation as

(EC) No 1154/2005 (OJ

amended by
L 187,

Commission Regulation
19.7.2005, p. 11).

(2) OJ L 174, 7.7.2005, p. 15.
(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).