do-me/EUR-LEX huggingface dataset:
EU-Georgia Agreement on protection of geographical indications of agricultural products and foodstuffs *** European Parliament legislative resolution of 19 January 2012 on the draft Council decision on the conclusion of the Agreement between the European Union and Georgia on protection of geographical indications of agricultural products and foodstuffs (09737/2011 – C7-0202/2011– 2011/0090(NLE))
Date: 2012-01-19
Institutions: Committee on International Trade, European Parliament
Subjects: Georgia, agreement (EU), agricultural product, designation of origin, foodstuff, product designation, ratification of an agreement








CE2013227EN.01003802.xml










6.8.2013   


EN


Official Journal of the European Union


CE 227/38





Thursday 19 January 2012EU-Georgia Agreement on protection of geographical indications of agricultural products and foodstuffs ***
P7_TA(2012)0004
European Parliament legislative resolution of 19 January 2012 on the draft Council decision on the conclusion of the Agreement between the European Union and Georgia on protection of geographical indications of agricultural products and foodstuffs (09737/2011 – C7-0202/2011– 2011/0090(NLE))
(2013/C 227 E/10)
(Consent)

The European Parliament,







—


having regard to the draft Council decision (09737/2011),










—


having regard to the Agreement between the European Union and Georgia on protection of geographical indications of agricultural products and foodstuffs (09738/2011),










—


having regard to the request for consent submitted by the Council in accordance with Article 207(4), first subparagraph and Article 218(6), second subparagraph, point (a)(v) and Article 218(7), of the Treaty on the Functioning of the European Union (C7-0202/2011),










—


having regard to Rules 81 and 90(7) of its Rules of Procedure,










—


having regard to the recommendation of the Committee on International Trade (A7-0450/2011),










1.


Consents to conclusion of the Agreement;










2.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of Georgia.
Case C-27/12: Reference for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 19 January 2012 — TBG Limited, other party: Staatssecretaris van Financiën
Date: 2012-01-19
Institutions: Court of Justice
Subjects: Netherlands, Netherlands Antilles, capital movement, interpretation of the law, overseas countries and territories, tax exemption








C_2012098EN.01001602.xml










31.3.2012   


EN


Official Journal of the European Union


C 98/16





Reference for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 19 January 2012 — TBG Limited, other party: Staatssecretaris van Financiën
(Case C-27/12)
2012/C 98/25
Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden (Netherlands)

Parties to the main proceedings


Appellant: TBG Limited

Respondent: Staatssecretaris van Financiën

Questions referred







1.


For the purposes of Article 56 EC (now Article 63 TFEU), can an own OCT be regarded as a third State, in which case it would be possible to rely on Article 56 EC in respect of the movement of capital between a Member State and the own OCT?










2.








(a)


If question 1 is answered in the affirmative, is it necessary in order to determine whether, for the purposes of Article 57(1) EC (now Article 64(1) TFEU), there has been an increase, for account to be taken in the present case — in which the withholding tax on participation dividends paid by a subsidiary company established in the Netherlands to its holding company established in the Netherlands Antilles was increased from the 1993 rate of 7,5 or 5 % to 8,3% as from 1 January 2002 — exclusively of the increase in the Netherlands withholding tax, or must account also be taken of the fact that, as from 1 January 2002, the Netherlands Antillean authorities have — in conjunction with the increase in the Netherlands withholding tax — granted an exemption in respect of participation dividends received from a subsidiary company established in the Netherlands, whereas previously those dividends formed part of profits taxed at a rate of 2,4 to 3 % or 5 %?










(b)


If account must also be taken of the tax reduction in the Netherlands Antilles effected by the introduction of the participation exemption referred to in question 2(a) above, should Netherlands Antillean implementation arrangements (in the present case: Netherlands Antillean rulings practice), the result of which may have been that prior to 1 January 2002 — including in 1993 — the actual tax liability in respect of dividends received from the/a subsidiary company established in the Netherlands was substantially lower than 8,3%, also be taken into consideration?
Case C-392/10: Judgment of the Court (Fifth Chamber) of 19 January 2012 (reference for a preliminary ruling from the Finanzgericht Hamburg — Germany) — Suiker Unie GmbH — Zuckerfabrik Anklam v Hauptzollamt Hamburg-Jonas (Regulation (EC) No 800/1999 — Article 15(1) and (3) — Agricultural products — System of export refunds — Differentiated export refund — Conditions for granting — Import of the product into the third country of destination — Payment of import duties)
Date: 2012-01-19
Institutions: Court of Justice
Subjects: EU customs procedure, export (EU), export refund, third country








C_2012073EN.01000401.xml










10.3.2012   


EN


Official Journal of the European Union


C 73/4





Judgment of the Court (Fifth Chamber) of 19 January 2012 (reference for a preliminary ruling from the Finanzgericht Hamburg — Germany) — Suiker Unie GmbH — Zuckerfabrik Anklam v Hauptzollamt Hamburg-Jonas
(Case C-392/10) (1)

(Regulation (EC) No 800/1999 - Article 15(1) and (3) - Agricultural products - System of export refunds - Differentiated export refund - Conditions for granting - Import of the product into the third country of destination - Payment of import duties)
2012/C 73/05
Language of the case: German

Referring court

Finanzgericht Hamburg

Parties to the main proceedings


Applicant: Suiker Unie GmbH — Zuckerfabrik Anklam

Defendant: Hauptzollamt Hamburg-Jonas

Re:

Reference for a preliminary ruling — Finanzgericht Hamburg — Interpretation of Article 15(1) and (3) of Commission Regulation (EC) No 800/1999 of 15 April 1999 laying down common detailed rules for the application of the system of export refunds on agricultural products (OJ 1999 L 102, p. 11) and of Article 24 of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ 1992 L 302, p. 1) — Product exported from a Member State to a third State for the purpose of substantial processing under the inward processing procedure without payment of import duty — Export of the product resulting from that processing to another third State — Conditions for the grant of a differentiated export refund — Need to place the product in free circulation in the third State of destination with payment of import duty?

Operative part of the judgment

Article 15(1) and (3) of Commission Regulation (EC) No 800/1999 of 15 April 1999 laying down common detailed rules for the application of the system of export refunds on agricultural products, as amended by Commission Regulation (EC) No 444/2003 of 11 March 2003, must be interpreted as meaning that the condition for receipt of a differentiated refund laid down by that article, namely completion of the customs import formalities, is not satisfied when in the third country of destination, following release for inward processing without collection of import duties, the product undergoes a ‘substantial processing or working’ within the meaning of Article 24 of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code and the product resulting from that processing or working is exported to a third country.


(1)  OJ C 288, 23.10.2010.
Community Code on Visas ***I European Parliament legislative resolution of 19 January 2012 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 810/2009 of 13 July 2009 establishing a Community Code on Visas (Visa Code) (COM(2011)0516 – C7-0226/2011 – 2011/0223(COD))#P7_TC1-COD(2011)0223 Position of the European Parliament adopted at first reading on 19 January 2012 with a view to the adoption of Regulation (EU) No …/2012 of the European Parliament and of the Council amending Regulation (EC) No 810/2009 establishing a Community Code on Visas (Visa Code)
Date: 2012-01-19
Institutions: Committee on Civil Liberties, Justice and Home Affairs, European Parliament
Subjects: EU visa policy, Schengen Agreement, airport, foreign national, third country, transit, traveller








CE2013227EN.01003701.xml










6.8.2013   


EN


Official Journal of the European Union


CE 227/37





Thursday 19 January 2012Community Code on Visas ***I
P7_TA(2012)0003
European Parliament legislative resolution of 19 January 2012 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 810/2009 of 13 July 2009 establishing a Community Code on Visas (Visa Code) (COM(2011)0516 – C7-0226/2011 – 2011/0223(COD))
(2013/C 227 E/09)
(Ordinary legislative procedure: first reading)

The European Parliament,







—


having regard to the Commission proposal to Parliament and the Council (COM(2011)0516),










—


having regard to Article 294(2) and point (a) of Article 77(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0226/2011),










—


having regard to Article 294(3) of the Treaty on the Functioning of the European Union,










—


having regard to the undertaking given by the Council representative by letter of 12 December 2011 to approve Parliament's position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,










—


having regard to Rule 55 of its Rules of Procedure,










—


having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A7-0441/2011),










1.


Adopts its position at first reading hereinafter set out;










2.


Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;










3.


Instructs its President to forward its position to the Council, the Commission and the national parliaments.






Thursday 19 January 2012P7_TC1-COD(2011)0223
Position of the European Parliament adopted at first reading on 19 January 2012 with a view to the adoption of Regulation (EU) No …/2012 of the European Parliament and of the Council amending Regulation (EC) No 810/2009 establishing a Community Code on Visas (Visa Code)

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 154/2012.)
Combating algal blooms Declaration of the European Parliament of 19 January 2012 on combating algal blooms
Date: 2012-01-19
Institutions: European Parliament
Subjects: European cooperation, algae, coastal protection, environmental monitoring, public health, water analysis








CE2013227EN.01003201.xml










6.8.2013   


EN


Official Journal of the European Union


CE 227/32





Thursday 19 January 2012Combating algal blooms
P7_TA(2012)0015
Declaration of the European Parliament of 19 January 2012 on combating algal blooms
(2013/C 227 E/06)

The European Parliament,






—


having regard to Article 191 of the Treaty on the Functioning of the European Union, which stipulates that Union policy on the environment shall contribute to preserving, protecting and improving the quality of the environment, as well as protecting human health,










—


having regard to Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy,










—


having regard to Rule 123 of its Rules of Procedure,










A.


whereas algal blooms, which are linked to eutrophication in coastal waters and estuaries, occur along all of Europe’s coasts (along the Channel, the Atlantic, the North Sea, the Baltic and the Mediterranean);










B.


whereas these blooms cause serious damage to the good ecological status of the waters concerned, to public health and to the economic dynamism of the areas involved;










C.


whereas a European solution needs to be sought in order to address phenomena like this, which transcend national borders;










1.


Calls on the Commission to draw up, under Directive 2000/60/EC, a European action plan on combating algal blooms that is based on the exchange of best practice and cooperation with those affected by these phenomena;










2.


Instructs its President to forward this declaration, together with the names of the signatories (1), to the Council and the Commission and to the governments and parliaments of the Member States.






(1)  The list of signatories is published in Annex 1 to the Minutes of 19 January 2012 (P7_PV(2012)01-19(ANN1)).
Prior notification of a concentration (Case COMP/M.6456 — EDF/Kogeneracja) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2012-01-19
Institutions: European Commission
Subjects: economic concentration, electrical energy, energy industry, merger control








C_2012016EN.01001201.xml










19.1.2012   


EN


Official Journal of the European Union


C 16/12





Prior notification of a concentration
(Case COMP/M.6456 — EDF/Kogeneracja)
Candidate case for simplified procedure
(Text with EEA relevance)
2012/C 16/08






1.


On 12 January 2012, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which EDF International S.A.S (‘EDFI’), belonging to Electricité de France SA (‘EDF’, France) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Zespół Elektrociepłowni Wrocławskich Kogeneracja SA (‘Kogeneracja’, Poland) by way of purchase of shares. Currently, EDF and Energie Baden-Württemberg AG (‘EnBW’, Germany) jointly control Kogeneracja.










2.


The business activities of the undertakings concerned are:






—


EDF: energy sector, including generation, transmission, distribution and supply of electricity, as well as generation of heat,










—


Kogeneracja: heat and power generation.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.










4.


The Commission invites interested third parties to submit their possible observations on the proposed 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 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6456 — EDF/Kogeneracja, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




J-70




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).

(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).
The establishment of the Pact of Islands as an official European initiative Declaration of the European Parliament of 19 January 2012 on the establishment of the Pact of Islands as an official European initiative
Date: 2012-01-19
Institutions: European Parliament
Subjects: climate change, energy saving, fossil fuel, island, peripheral region, private-sector liquidity, reduction of gas emissions, renewable energy








CE2013227EN.01003301.xml










6.8.2013   


EN


Official Journal of the European Union


CE 227/33





Thursday 19 January 2012The establishment of the Pact of Islands as an official European initiative
P7_TA(2012)0016
Declaration of the European Parliament of 19 January 2012 on the establishment of the Pact of Islands as an official European initiative
(2013/C 227 E/07)

The European Parliament,






—


having regard to Rule 123 of its Rules of Procedure,










A.


whereas islands are highly dependent on imported fossil fuels, facing higher fuel costs, but are also an opportunity for research, demonstration and development of renewable energies and energy efficiency actions,










B.


whereas islands are vulnerable to climate change because of their high levels of biodiversity and fragile ecosystems,










C.


whereas renewables are in abundance and their development can have a significant impact on alleviating islands’ permanent structural handicaps, providing socio-economic benefits to their inhabitants,










1.


Congratulates the communities and peripheral regions that have signed the Pact with the aim of going beyond the objective of the EU 2020 Strategy, reducing CO2 emissions in their respective territories by at least 20 %;










2.


Calls on the Commission to continue providing its support to European island communities with a view to achieving the sustainability objectives of the EU;










3.


Insists on the presence of distinctive and explicit references to insular sustainability in the EU framework programmes and policy texts in keeping with Article 174 of the Treaty on the Functioning of the EU;










4.


Insists that incentives are created for all islands to adhere to the Pact and participate in islands’ networking;










5.


Underlines the necessity of mobilising the appropriate financial resources to support the functioning of the Pact process, based on the model of the Covenant of Mayors, Smart Cities and other similar EU initiatives;










6.


Instructs its President to forward this declaration, together with the names of the signatories (1), to the Commission.






(1)  The list of signatories is published in Annex 2 to the Minutes of 19 January 2012 (P7_PV(2012)01-19(ANN2)).
Prior notification of a concentration (Case COMP/M.6496 — Apollo/Taminco)  Text with EEA relevance
Date: 2012-01-19
Institutions: European Commission
Subjects: chemical industry, economic concentration, investment company, merger control








C_2012016EN.01001101.xml










19.1.2012   


EN


Official Journal of the European Union


C 16/11





Prior notification of a concentration
(Case COMP/M.6496 — Apollo/Taminco)
(Text with EEA relevance)
2012/C 16/07






1.


On 11 January 2012, 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 Apollo Investment Fund VII, L.P. belonging to Apollo Management VII, L.P., which itself is an affiliate of Apollo Management, L.P. (‘Apollo’, USA) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Taminco Group Holdings Sàrl (‘Taminco’, Belgium) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Apollo: portfolio investments,










—


for Taminco: manufacture of chemical products.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. However, the final decision on this point is reserved.










4.


The Commission invites interested third parties to submit their possible observations on the proposed 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 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6496 — Apollo/Taminco, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




J-70




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).
Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1j of Annex XV to the EEA Agreement (Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General Block Exemption Regulation))
Date: 2012-01-19
Institutions: EFTA Surveillance Authority
Subjects: EFTA, Norway, State aid, control of State aid, environmental tax, large business, small and medium-sized enterprises, tax relief








C_2012016EN.01000901.xml










19.1.2012   


EN


Official Journal of the European Union


C 16/9





Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1j of Annex XV to the EEA Agreement (Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General Block Exemption Regulation))
2012/C 16/05
PART I








Aid No


GBER 14/11/ENV




EFTA State


Norway




Granting authority


Name


Directorate of Customs and Excise (regional customs authorities)




Address







Postboks 8122 Dep




0032 Oslo




NORWAY








Webpage


http://www.toll.no




Title of the aid measure


Reduced electricity tax rate in the regions of Finnmark and North Troms (Karlsøy, Kvænangen, Kåfjord, Lyngen, Nordreisa, Skjervøy and Storfjord)




National legal basis (Reference to the relevant national official publication)


The Norwegian Parliament's annual decision on the electricity tax




Web link to the full text of the aid measure


http://www.statsbudsjettet.no/upload/Statsbudsjett_2012/dokumenter/pdf/skatt.pdf (see page 243)




Type of measure


Scheme


Tax reduction




Amendment of an existing aid measure


Prolongation


EFTA Surveillance Authority Decision No 447/07/COL




Duration


Scheme


1.1.2012 to 31.12.2021




Economic sector(s) concerned


All economic sectors eligible to receive aid


Undertakings located in North Troms and Finnmark




Limited to specific sectors — Please specify in accordance with NACE Rev. 2


 




Type of beneficiary


SME


Both SME and large enterprises




Large enterprises


Both SME and large enterprises




Budget


Annual overall amount of the budget planned under the scheme


NOK 80 million




Aid instrument (Article 5)


Fiscal measure


X




PART II








General objectives (list)


Objectives (list)


Maximum aid intensity in % or maximum aid amount in NOK


SME — bonuses in %




Aid for environmental protection (Articles 17-25)


Aid in the form of reductions in environmental taxes (Article 25)


NOK 80 million