do-me/EUR-LEX huggingface dataset:
Case C-77/09: Reference for a preliminary ruling from the Tribunale Amministrativo Regionale del Lazio (Italy) lodged on 20 February 2009 — Gowan Comercio Internacional e Servicos Limitada v Ministero della Salute
Date: 2009-02-20
Institutions: Court of Justice
Subjects: Italy, chemical product, environmental risk prevention, interpretation of the law, scientific report, technology assessment








C_2009102EN.01001302.xml










1.5.2009   


EN


Official Journal of the European Union


C 102/13





Reference for a preliminary ruling from the Tribunale Amministrativo Regionale del Lazio (Italy) lodged on 20 February 2009 — Gowan Comercio Internacional e Servicos Limitada v Ministero della Salute
(Case C-77/09)
2009/C 102/21
Language of the case: Italian

Referring court

Tribunale Amministrativo Regionale del Lazio

Parties to the main proceedings


Applicant: Gowan Comercio Internacional e Servicos Limitada

Defendant: Ministero della Salute

Question referred

In view of the fact that the conclusion of the technical and scientific assessment carried out by the Rapporteur State appears to be that the risk arising from the use of fenarimol is acceptable, is Directive 2006/134/EC, which significantly limited such use, valid?
Prior notification of a concentration (Case COMP/M.5451 — CNP Assurances/CNP Unicredit Life) — Candidate case for simplified procedure Text with EEA relevance
Date: 2009-02-20
Institutions: European Commission
Subjects: France, Italy, Portugal, Spain, economic concentration, exchange of information, insurance, life assurance, merger control

20.2.2009

EN

Official Journal of the European Union

C 42/13

V

(Announcements)

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION
POLICY

COMMISSION

Prior notification of a concentration

(Case COMP/M.5451 — CNP Assurances/CNP Unicredit Life)

Candidate case for simplified procedure

(Text with EEA relevance)

(2009/C 42/07)

1.
On 11 February 2009, 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 CNP Assurances S.A.
(‘CNP Assurances’, France) acquires within the meaning of Article 3(1)(b) of the Council Regulation sole
control of CNP Unicredit Life, Ltd. (‘CNP Unicredit Life’, Ireland) by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— for CNP Assurances: life and non-life insurance products in a number of countries such as France, Italy,

Portugal, Spain amongst others,

— for CNP Unicredit Life: life insurance in Italy.

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 ((32-2) 296 43 01 or 296 72 44) or by post, under
reference number COMP/M.5451 — CNP Assurances/CNP Unicredit Life, 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.
List of appointments made by the Council — December 2008 (Social field)
Date: 2009-02-20
Institutions: Council of the European Union
Subjects: EU Member State, Eurofound, European Agency for Safety and Health at Work, advisory committee (EU), appointment of staff, free movement of persons

IV

(Notices)

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

COUNCIL

List of appointments made by the Council

December 2008 (Social field)

(2009/C 42/04)

Committee

End of term
of office

Publication in OJ

Person replaced

Resignation/
appointment

Member/Alternate

Category

Country

Person appointed

Affiliation

Advisory Committee
on Freedom of
Movement for
Workers

Advisory Committee
on Freedom of
Movement for
Workers

Advisory Committee
on Safety and Health
at Work

Governing Board of
the European Agency
for Safety and Health
at Work

24.9.2010

C 253, 4.10.2008

Mr Stefan HOEHL

Resignation

Alternate

Employers

Germany

Ms Anna ROBRA

Bundes-
vereinigung der
Deutschen
Arbeitgeberver-
bände

24.9.2010

C 253, 4.10.2008

Ms Åsa
CARLANDER

Resignation Member

Government

Sweden

Ms Helen
LINDQUIST

Justitie-
departementet

19.12.2008

28.2.2010

L 64, 2.3.2007

Mr Gerry DUFFY

Resignation

Alternate

Employers

United
Kingdom

Mr Robert
CUMMINGS

CBI

19.12.2008

7.11.2010

C 271, 14.11.2007

Mr Thomas
HOLTMANN

Resignation Member

Employers

Germany

Mr Eckhard
METZE

KAN

19.12.2008

Date of
Council
Decision

19.12.2008

.

.

2
0
2
2
0
0
9

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n
U
n
o
n

i

C

4
2
/
9

Committee

End of term
of office

Publication in OJ

Person replaced

Resignation/
appointment

Member/Alternate

Category

Country

Person appointed

Affiliation

Management Board
of the European
Institute for Gender
Equality

Management Board
of the European
Institute for Gender
Equality

31.5.2010

C 128, 9.6.2007

31.5.2010

C 128, 9.6.2007

Ms Bianca
BECCALLI

Ms Alfonsina
RINALDI

Resignation Member

Government

Italy

Ms Isabella RAUTI

Resignation

Alternate

Government

Italy

Ms Antonella
GRAZIADEI

Presidenza del
Consiglio dei
Ministri

Presidenza del
Consiglio dei
Ministri

Date of
Council
Decision

19.12.2008

19.12.2008

C

4
2
/
1
0

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n
U
n
o
n

i

.

.

2
0
2
2
0
0
9
Commission Regulation (EC) No 145/2009 of 20 February 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2009-02-20
Institutions: European Commission
Subjects: citrus fruit, common agricultural policy, export price, fruit vegetable, pip fruit

21.2.2009

EN

Official Journal of the European Union

L 50/1

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

I

REGULATIONS

COMMISSION REGULATION (EC) No 145/2009

of 20 February 2009

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Whereas:

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1234/2007 of
22 October 2007 establishing a common organisation of agri­
cultural markets and on specific provisions for certain agri­
cultural products (Single CMO Regulation) (1),

Regulation (EC) No 1580/2007 lays down, pursuant to the
outcome of the Uruguay Round multilateral trade negotiations,
the criteria whereby the Commission fixes the standard values
for imports from third countries, in respect of the products and
periods stipulated in Annex XV, Part A thereto,

HAS ADOPTED THIS REGULATION:

Article 1

Having regard to Commission Regulation (EC) No 1580/2007
of 21 December 2007 laying down implementing rules for
Council Regulations (EC) No 2200/96, (EC) No 2201/96 and
(EC) No 1182/2007 in the fruit and vegetable sector (2), and in
particular Article 138(1) thereof,

The standard import values referred to in Article 138 of Regu­
lation (EC) No 1580/2007 are fixed in the Annex hereto.

This Regulation shall enter into force on 21 February 2009.

Article 2

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

Done at Brussels, 20 February 2009.

For the Commission

Jean-Luc DEMARTY
Director-General for Agriculture and
Rural Development

(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 350, 31.12.2007, p. 1.

L 50/2

EN

Official Journal of the European Union

21.2.2009

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

0709 90 80

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)

IL
JO
MA
TN
TR
ZZ

JO
MA
MK
TR
ZZ

JO
MA
TR
ZZ

EG
ZZ

EG
IL
MA
TN
TR
ZZ

IL
MA
TR
ZZ

EG
IL
JM
MA
PK
TR
ZZ

EG
MA
TR
ZZ

CA
CL
CN
MK
US
ZZ

AR
CL
CN
US
ZA
ZZ

129,4
62,0
42,1
132,6
82,6
89,7

161,3
77,9
147,9
164,7
138,0

239,8
71,3
125,2
145,4

94,1
94,1

45,6
55,3
50,4
47,6
61,5
52,1

144,4
84,5
73,0
100,6

75,3
94,8
95,1
69,5
50,6
60,8
74,4

81,5
44,0
61,0
62,2

89,7
67,7
83,1
25,7
107,9
74,8

103,4
73,7
73,7
112,7
109,7
94,6

(1) Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘ZZ’ stands

for ‘of other origin’.
Commission Regulation (EC) No 150/2009 of 20 February 2009 amending Regulation (EC) No 619/2008 opening a standing invitation to tender for export refunds concerning certain milk products
Date: 2009-02-20
Institutions: European Commission
Subjects: export licence, export refund, invitation to tender, milk product

21.2.2009

EN

Official Journal of the European Union

L 50/19

COMMISSION REGULATION (EC) No 150/2009

of 20 February 2009

amending Regulation (EC) No 619/2008 opening a standing invitation to tender for export refunds
concerning certain milk products

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1234/2007 of
22 October 2007 establishing a common organisation of agri­
cultural markets and on specific provisions for certain agri­
cultural products (Single CMO Regulation) (1), and in particular
Article 161(3), Article 164(2)(b) and Article 170 in conjunction
with Article 4 thereof,

Whereas:

(1)

(2)

Commission Regulation (EC) No 619/2008 (2) lays down
rules for the tender procedure concerning export refunds
the code
for natural butter
ex 0405 10 19 9700, butter oil
falling
under the code ex 0405 90 10 9000 and skimmed milk
powder falling under code ex 0402 10 19 9000.

in blocks falling under

in containers

A standing invitation to tender is opened in order to
determine the export refund on those milk products. In
accordance with Article 4(2) of Regulation (EC) No
619/2008 each tendering period shall take place once
a month. In order to respond better to the deterioration
of the dairy market, tender procedures for determining
the export refunds should be organised twice a month.

(4)

(5)

Due to the urgent need to provide for an effective market
support measure, this Regulation should enter into force
on the day following its publication.

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for the Common Organisation of Agricultural
Markets,

HAS ADOPTED THIS REGULATION:

Article 1

Article 4(2) of Regulation (EC) No 619/2008 is amended as
follows:

1. In the first

subparagraph,

the introductory words are

replaced by the following:

‘Each tendering period shall begin at 13.00 (Brussels time)
on the Tuesday preceding the closing date as referred to in
the third subparagraph, with the following exceptions:’

2. In the third subparagraph,
replaced by the following:

the introductory words are

‘Each tendering period shall end at 13.00 (Brussels time) on
the first and third Tuesday of the month with the following
exceptions:’

Article 2

(3)

Regulation (EC) No 619/2008 should therefore be
amended accordingly.

This Regulation shall enter into force on the 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, 20 February 2009.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 168, 28.6.2008. p. 20.
Corrigendum to Council Regulation (EC) No 1167/2008 of 24 October 2008 amending and updating Regulation (EC) No 1334/2000 setting up a Community regime for the control of exports of dual-use items and technology ( OJ L 325, 3.12.2008 )
Date: 2009-02-20
Institutions: Council of the European Union
Subjects: customs regulations, dual-use good, exchange of information, export monitoring, member country, technology transfer

L 49/48

EN

Official Journal of the European Union

20.2.2009

CORRIGENDA

Corrigendum to Council Directive 92/65/EEC of 13 July 1992 laying down animal health requirements
governing trade in and imports into the Community of animals, semen, ova and embryos not subject to
animal health requirements laid down in specific Community rules referred to in Annex A (I) to Directive
90/425/EEC

(Official Journal of the European Communities L 268 of 14 September 1992)

On page 62, Article 17(2):

Only animals, semen, ova and embryos referred to in Article 1 which satisfy the following requirements may

for:

read:

‘2.
be imported into the Community:’,
‘2.
may be imported into the Community:’.

Only animals and semen, ova and embryos referred to in Article 11 which satisfy the following requirements

Corrigendum to Council Regulation (EC) No 1167/2008 of 24 October 2008 amending and updating Regulation
(EC) No 1334/2000 setting up a Community regime for the control of exports of dual-use items and technology

(Official Journal of the European Union L 325 of 3 December 2008)

On page 88, in the Annex, Category 2, in reference 2B006, b.1.c.2.:

for:

read:

‘2. maintaining for at least 12 hours at a temperature of ± 20 °C all of the following:’,
‘2. maintaining for at least 12 hours at a temperature of 20 ± 1 °C all of the following:’.
Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections (Text with EEA relevance)
Date: 2009-02-20
Institutions: European Commission
Subjects: Germany, State aid, coal, control of State aid, exchange of information, mining extraction, production aid

20.2.2009

EN

Official Journal of the European Union

C 42/7

II

(Information)

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

COMMISSION

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

Cases where the Commission raises no objections

(Text with EEA relevance)

(2009/C 42/02)

Date of adoption of the decision

26.11.2008

Reference number of the aid

Member State

Region

Title

Legal basis

N 631/07

Germany

—

Durchführungsbeihilfe

Gesetz zur Finanzierung der Beendigung des subventionierten Steinkohlenberg-
baus zum Jahr 2018 (Steinkohlefinanzierungsgesetz) vom 20. Dezember 2007,
Bundesgesetzblatt Jahrgang 2007 Teil I Nr. 68 S. 3086-3088, ausgegeben zu
Bonn am 27. Dezember 2007

Type of measure

Production aid

Objective

Form of aid

Budget

Intensity

Duration

Economic sectors

Sectoral development

Direct subsidies

EUR 2 378 million

n.a.

2008

Hard coal

Name and address of
authority

the granting

Bundesministerium für Wirtschaft und Technologie
Scharnhorstraße 34-37
D-10115 Berlin

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

http://ec.europa.eu/community_law/state_aids/
Corrigendum to the Commission communication pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations ( OJ C 29, 5.2.2009 )
Date: 2009-02-20
Institutions: European Commission
Subjects: EU office or agency, Italy, air transport, airline, inland transport, public service

20.2.2009

EN

Official Journal of the European Union

C 42/15

CORRIGENDA

Corrigendum to the Commission communication pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of
the European Parliament and of the Council on common rules for the operation of air services in the
Community — Invitation to tender in respect of the operation of scheduled air services in accordance with
public service obligations

(Official Journal of the European Union C 29 of 5 February 2009)

(2009/C 42/09)

The text of the Commission communication published in the Official Journal of the European Union C 29 of 5 February
2009, p. 20, should be considered as null and void.

Commission communication pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European
Parliament and of the Council on common rules for the operation of air services in the Community — Public
service obligations in respect of scheduled air services

(Official Journal of the European Union C 29 of 5 February 2009)

(2009/C 42/10)

The text of the Commission communication published in the Official Journal of the European Union C 29 of 5 February
2009, p. 21, should be considered as null and void.
Case C-75/09: Reference for a preliminary ruling from the Commissione Tributaria Provinciale di Alessandria (Italy) lodged on 20 February 2009 — Agra Srl v Agenzia Dogane Ufficio delle Dogane di Alessandria
Date: 2009-02-20
Institutions: Court of Justice
Subjects: Italy, customs inspection, customs regulations, interpretation of the law








C_2009102EN.01001301.xml










1.5.2009   


EN


Official Journal of the European Union


C 102/13





Reference for a preliminary ruling from the Commissione Tributaria Provinciale di Alessandria (Italy) lodged on 20 February 2009 — Agra Srl v Agenzia Dogane Ufficio delle Dogane di Alessandria
(Case C-75/09)
2009/C 102/20
Language of the case: Italian

Referring court

Commissione Tributaria Provinciale di Alessandria

Parties to the main proceedings


Applicant: Agra Srl

Defendant: Agenzia Dogane Ufficio delle Dogane di Alessandria

Question referred

In the light of Article 11 of Legislative Decree No 374/[1990], read in conjunction with Article 221(3) of Regulation (EC) No 2913/1992 and Article 221(4) thereof, regard being had to Article 84(3) of the Consolidated laws on customs matters (Presidential Decree No 43/1973), is the right of the Customs Authority to revise the assessment [of the customs debt] time-barred, and/or has it lapsed, on the expiry of the three-year period from the date of the customs declaration, or can those time-limits be interrupted and/or suspended pending the outcome of criminal proceedings for infringement of the customs rules in relation to the assessment?
Euro exchange rates
Date: 2009-02-20
Institutions: European Commission
Subjects: euro, exchange rate

20.2.2009

EN

Official Journal of the European Union

C 42/11

COMMISSION

Euro exchange rates (1)

19 February 2009

(2009/C 42/05)

1 euro =

Currency

Exchange rate

Currency

Exchange rate

USD

JPY

DKK

GBP

SEK

CHF

ISK

NOK

BGN

CZK

EEK

HUF

LTL

LVL

PLN

RON

TRY

US dollar

Japanese yen

Danish krone

Pound sterling

Swedish krona

Swiss franc

Iceland króna

Norwegian krone

Bulgarian lev

Czech koruna

Estonian kroon

Hungarian forint

Lithuanian litas

Latvian lats

Polish zloty

Romanian leu

Turkish lira

1,2705

AUD Australian dollar

118,99

7,4504

0,88230

10,8987

CAD

HKD

NZD

SGD

Canadian dollar

Hong Kong dollar

New Zealand dollar

Singapore dollar

1,9597

1,5868

9,8521

2,4653

1,9389

1,4922

KRW South Korean won

1 874,24

8,6790

1,9558

28,587

ZAR

CNY

HRK

IDR

South African rand

Chinese yuan renminbi

Croatian kuna

Indonesian rupiah

15,6466

MYR Malaysian ringgit

300,39

3,4528

0,7068

4,6749

4,2733

2,1361

PHP

RUB

THB

BRL

Philippine peso

Russian rouble

Thai baht

Brazilian real

MXN Mexican peso

INR

Indian rupee

12,6859

8,6844

7,4745

15 347,64

4,6437

60,870

45,6970

45,179

2,9520

18,4667

63,1248

(1) Source: reference exchange rate published by the ECB.
Corrigendum to Council Directive 92/65/EEC of 13 July 1992 laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A (I) to Directive 90/425/EEC ( OJ L 268, 14.9.1992 )
Date: 2009-02-20
Institutions: Council of the European Union
Subjects: animal breeding, health certificate, health control, import, intra-EU trade, live animal

L 49/48

EN

Official Journal of the European Union

20.2.2009

CORRIGENDA

Corrigendum to Council Directive 92/65/EEC of 13 July 1992 laying down animal health requirements
governing trade in and imports into the Community of animals, semen, ova and embryos not subject to
animal health requirements laid down in specific Community rules referred to in Annex A (I) to Directive
90/425/EEC

(Official Journal of the European Communities L 268 of 14 September 1992)

On page 62, Article 17(2):

Only animals, semen, ova and embryos referred to in Article 1 which satisfy the following requirements may

for:

read:

‘2.
be imported into the Community:’,
‘2.
may be imported into the Community:’.

Only animals and semen, ova and embryos referred to in Article 11 which satisfy the following requirements

Corrigendum to Council Regulation (EC) No 1167/2008 of 24 October 2008 amending and updating Regulation
(EC) No 1334/2000 setting up a Community regime for the control of exports of dual-use items and technology

(Official Journal of the European Union L 325 of 3 December 2008)

On page 88, in the Annex, Category 2, in reference 2B006, b.1.c.2.:

for:

read:

‘2. maintaining for at least 12 hours at a temperature of ± 20 °C all of the following:’,
‘2. maintaining for at least 12 hours at a temperature of 20 ± 1 °C all of the following:’.
Case T-79/09: Action brought on 20 February 2009 — France v Commission
Date: 2009-02-20
Institutions: Court of First Instance
Subjects: European Commission, France, action for failure to fulfil an obligation, quasi-fiscal charge, recognition of vocational training qualifications, social-security contribution








C_2009113EN.01003701.xml










16.5.2009   


EN


Official Journal of the European Union


C 113/37





Action brought on 20 February 2009 — France v Commission
(Case T-79/09)
2009/C 113/75
Language of the case: French

Parties


Applicant: French Republic (represented by: E. Belliard, G. de Bergues and A.-L. Vendrolini, Agents)

Defendant: Commission of the European Communities

Form of order sought







—


annul the contested decision;










—


order the Commission to pay the costs.





Pleas in law and main arguments

By this action, the applicant seeks annulment of Commission Decision C(2008) 7846 final of 10 December 2008 by which the Commission found that the compulsory voluntary levies collected by the inter-branch organisations from members of the professions which they represent for the purpose of financing actions capable of being carried out by those organisations were a measure constituting State Aid within the meaning of Article 87(1) EC.
In support of its action, the application puts forward, with regard to the substance, a plea in law alleging:






—


failure to take account of the definition of State Aid within the meaning of Article 87(1) EC inasmuch as the Commission found, contrary to what the French Government maintains, that those compulsory voluntary levies constitute parafiscal contributions, that is to say, State resources, although:






—


the procedure for recognising inter-branch organisations and the extension procedure for inter-branch agreements cannot be considered to be means for the State to implement a particular policy which it has previously defined;










—


the basis of assessment, the amount, the treatment and the use of compulsory voluntary levies are fixed by the inter-branch organisations in their agreements, the public authorities not intervening at any stage;










—


the compulsory voluntary levies are to be mandatorily used to finance the action for which they are intended and can never be put at the disposal of the public authorities;










—


persons liable to pay compulsory voluntary levies necessarily benefit from actions financed by those levies and all the operators in the sector bear the cost as purchasers or vendors of the produce concerned.