CELEX: 51988PC0195
Language: en
Date: 1988-04-19
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) AMENDING REGULATION ( EEC ) NO 1883/78 LAYING DOWN GENERAL RULES FOR THE FINANCING OF INTERVENTIONS BY THE EUROPEAN AGRICULTURAL GUIDANCE AND GUARANTEE FUND, GUARANTEE

N o C 129/18                             Official Journal of the European Communities                                  18. 5. 88
                          Article 11                                4.     By 31 December 1992, the Commission shall
                                                                    publish a list of medicinal products authorized in the
1.    The Commission shall set up a data bank in order              Community containing the information mentioned in
to improve competition in the pharmaceuticals sector and            paragraph 2.
to encourage the more efficient use of medicinal
products in the Community.                                                                    Article 12
2.    For each medicinal product authorized in the                  1.     Member States shall bring into force the laws,
Community, the data bank shall contain as a rule:                   regulations and administrative provisions necessary to
                                                                    comply with this Directive by 1 January 1989 at the
(a) a summary of the characteristics of the product as              latest. They shall forthwith inform the Commission
    mentioned in Articles 4a and 4b of Directive                    thereof.
    65/65/EEC;                                                      2.     Before the date referred to in paragraph 1, Member
                                                                    States shall communicate to the Commission the texts of
(b) its ex-factory and retail prices;
                                                                    any laws, regulations or administrative provisions
                                                                    relating to the pricing of medicinal products, the profit-
(c) an estimate of the cost of the usual daily dose;
                                                                    ability of manufacturers of medicinal products and the
(d) the manner in which it is dispensed to the patient              coverage of medicinal products by the national health
    (self-medication, prescription only, hospital use               insurance system. Amendments and modifications to
    only).                                                          these laws, regulations or administrative provisions shall
                                                                    be communicated to the Commission forthwith.
3.    The Member States, the manufacturers and                                                Article 13
importers shall cooperate with the Commission in setting
up the data bank, to which they shall have access.                  This Directive is addressed to the Member States.
              Proposal for a Council Regulation (EEC) amending Regulation (EEC) No 1883/78 laying down
              general rules for the financing of interventions by the European Agricultural Guidance and
                                               Guarantee Fund, Guarantee Section
                                                       COM(88) 195 final
                                (Submitted by the Commission to the Council on 27 April 1988)
                                                          (88/C 129/16)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                            Whereas the rules on the depreciation of products stored
                                                                    given in Articles 7 and 8 of that Regulation must, be
Having regard to the Treaty establishing the European               adapted to the new guidelines as regards the financing of
Economic Community,                                                 agricultural expenditure set out in the Conclusions of the
                                                                    European Council of 11 and 12 February 1988;
Having regard to Council Regulation (EEC) No 729/70
of 21 April 1970 on the financing of the common agri-
cultural policy (x), as last amended by Regulation (EEC)            Whereas from 1989 onwards, the value of agricultural
No 3183/87( 2 ), and in particular Article 3(2) thereof,            products bought in under the market organization regu-
                                                                    lations should generally be depreciated directly on
Having regard to the proposal from the Commission,                  buying in;
Having regard       to   the   opinion    of   the  European
Parliament,                                                         Whereas extraordinary depreciations will be effected
                                                                    during the years 1989 to 1992 on the basis of appropri-
Whereas Council Regulation (EEC) No 1883/78 (3), as                 ations entered for this purpose in the respective
last amended by Regulation (EEC) No 801/87 (4),                     Community budgets;
included basic rules for the financing of intervention
measures in the form of public storage;
                                                                    Whereas the provisions adopted in Council Regulation
                                                                    (EEC) No 1334/86 (5) amending Regulation (EEC) No
                                                                     1883/78 and authorizing the Commission to reduce the
O   OJ  No  L 94, 28. 4. 1970, p. 13.
                                                                    standard interest rate and the standard amounts used for
(2) OJ  No  L 304, 27. 10. 1987, p. 1.
(J) OJ  No  L 216, 5. 8. 1978, p. 1.
(4) OJ  No  L 79, 21. 3. 1987, p. 14.                               (') OJ No 119, 8. 5. 1986, p. 18.
 ---pagebreak--- 18. 5. 88                              Official Journal of the European Communities                            No C 129/19
the calculation of public storage costs are to be extended           Article 8
until 1992, as intervention stock levels have not yet
substantially declined,                                               1.   Where, for a given product, the sale price
                                                                     estimates for products stored in public intervention
                                                                     fall short of their buying-in price, a depreciation
HAS ADOPTED THIS REGULATION:                                         percentage shall be applied when the relevant product
                                                                     is bought in. Such percentage shall be fixed for each
                          Article 1                                  product in accordance with the procedure laid down
                                                                     in Article 13 of Regulation (EEC) No 729/70 before
Regulation (EEC) No 1883/78 is hereby amended as                     the beginning of each year.
follows:
1. The second paragraph of Article 5 is replaced by the              2.    The depreciation percentage shall not exceed the
   following:                                                        difference between the buying-in price and the fore-
                                                                     seeable disposal price for the relevant product.
   'Notwithstanding the provisions of the               first
   subparagraph, the Commission is hereby authorized,                3.    The Commission may restrict depreciation at the
   in respect of 1989 to 1992, to set the standard interest          time of buying in to a part of the percentage
   rate at a level below its representative rate. If the             calculated in accordance with paragraph 2. This part
   interest rate borne by a member State or if the market            cannot be less than 70 % of the depreciation fixed
   rate in this Member State is lower than the rate fixed,           under the provisions of paragraph 1. In such cases,
   the Commission may fix the standard interest rate at              the Commission shall proceed to a second de-
   this lower level.'                                                preciation at the end of the year, in accordance with
                                                                     the method indicated at paragraph 5.
2. The second paragraph of Article 6 is replaced by the
   following:                                                        4.    From 1989 to 1992, extraordinary depreciations
                                                                     shall be effected at the beginning of each year on the
    'Notwithstanding     the     first subparagraph,     the         basis of the appropriations entered in the respective
    Commission is hereby authorized, in respect of 1989               Community budgets.
   to 1992, to fix the uniform standard amounts at a
   level corresponding to three-quarters of the uniform               5.   For this depreciation, the Commission shall
    standard amounts established on the normal basis.                 determine, according to the procedure laid down in
                                                                     Article 13 of Regulation (EEC) No 729/70, the
3. Articles 7 and 8 are replaced by the following:                   overall amounts of depreciation by product and by
                                                                     Member State.'
     'Article 7
    In the annual accounts referred to in Article 4(1), the                                 Article 2
    quantities of products in storage to be carried forward
   to the following year shall, as a rule, be valued at           This Regulation shall enter into force on the day
   their buying-in price. Procedures for fixing the price         following its publication in the Official Journal of the
    for the quantities to be carried out to the following         European Communities.
   year shall be determined for the various products on
    the basis of the book values recorded by the inter-           It shall apply from 1 October 1988.
   vention agencies in accordance with the procedure
    laid down in Article 13 of Regulation (EEC) No                This Regulation shall be binding in its entirety and
    729/70.                                                       directly applicable in all Member States.