ISSN 1725-2555
Official Journal
of the European Union
L 332
English edition
Legislation
Volume 49
30 November 2006
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ISSN 1725-2555 |
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Official Journal of the European Union |
L 332 |
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English edition |
Legislation |
Volume 49 |
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Contents |
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II Acts whose publication is not obligatory |
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Council |
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Commission |
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Commission Decision of 15 June 2005 relating to a proceeding under Article 82 of the EC Treaty and Article 54 of the EEA Agreement (Case COMP/A.37.507/F3 — AstraZeneca) (notified under document number C(2005) 1757) ( 1 ) |
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Commission Decision of 28 November 2006 amending Decision 2005/393/EC as regards restricted zones in relation to bluetongue (notified under document number C(2006) 5607) ( 1 ) |
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EUROPEAN ECONOMIC AREA |
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Standing Committee of the EFTA States |
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(1) Text with EEA relevance |
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Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period. The titles of all other Acts are printed in bold type and preceded by an asterisk. |
I Acts whose publication is obligatory
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30.11.2006 |
EN |
Official Journal of the European Union |
L 332/1 |
COUNCIL REGULATION (EC) No 1755/2006
of 23 November 2006
on the import of certain steel products originating in Ukraine
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof,
Having regard to the proposal from the Commission,
Whereas:
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(1) |
On 29 July 2005, the European Community and the Government of Ukraine concluded an Agreement on trade in certain steel products (1) (hereinafter referred to as the Agreement). The necessary implementing measures have been adopted by Council Regulation (EC) No 1440/2005 of 12 July 2005 on administering certain restrictions on imports of certain steel products from Ukraine and repealing Regulation (EC) No 2266/2004 (2). |
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(2) |
Regulation (EC) No 1440/2005 sets quantitative limits on the imports into the Community. |
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(3) |
The Ukrainian authorities indicated that as of September 2006 export licences issued for product groups SA1, SA3 and SB1 have exceeded 90 % of the quantities available and asked for consultations as provided for in the Agreement. Following those consultations, both sides agreed to an increase of the quantitative limits for those product groups for the year 2006. |
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(4) |
It is important that the additional quantities be available as soon as possible. The renegotiation of the Agreement and the subsequent implementation of it as amended would require too much time. It is therefore preferable to recur to an autonomous measure. |
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(5) |
It is preferable that the means to administer this regime within the Community be identical to those adopted for the implementation of the Agreement. |
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(6) |
It is necessary to ensure that the origin of the products in question is checked and appropriate methods of administrative cooperation are set up to this end. |
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(7) |
Products placed in a free zone or imported under the arrangements governing customs warehouses, temporary importation or inward processing (suspension system) should not be counted against the limits established for the products in question. |
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(8) |
The effective application of this Regulation requires the introduction of a requirement for a Community import licence for the entry into free circulation in the Community of the products in question. |
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(9) |
In order to ensure that these quantitative limits are not exceeded, it is necessary to establish a management procedure whereby the competent authorities of the Member States do not issue import licences before obtaining prior confirmation from the Commission that appropriate amounts remain available within the quantitative limit in question. |
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(10) |
In view of the limited duration of this Regulation, it is appropriate for it to enter into force as soon as possible, |
HAS ADOPTED THIS REGULATION:
Article 1
1. Without prejudice to Regulation (EC) No 1440/2005, the importation into the Community of additional quantities of the steel products set out in Annex I originating in Ukraine shall be authorised up to 52 000 tonnes, as set out in Annex V.
2. The steel products shall be classified in product groups as set out in Annex I.
3. The classification of products listed in Annex I shall be based on the combined nomenclature (CN) established by Council Regulation (EEC) No 2658/87 (3).
4. The origin of the products referred to in paragraph 1 shall be determined in accordance with the rules in force in the Community.
Article 2
1. The importation into the Community of the steel products listed in Annex I originating in Ukraine shall be subject to the quantitative limits laid down in Annex V. The release for free circulation in the Community of the products set out in Annex I originating in Ukraine shall be subject to the presentation of a certificate of origin, set out in Annex II, and of an import licence issued by the Member States' authorities in accordance with the provisions of Article 4.
2. In order to ensure that quantities for which import licences are issued do not exceed at any moment the total quantitative limits for each product group, the competent authorities listed in Annex IV shall issue import licences only upon confirmation by the Commission that there are still quantities available within the quantitative limits for the relevant product group of steel products in respect of the supplier country, for which an importer or importers have submitted applications to the said authorities.
3. The authorised imports shall be counted against the quantitative limits set out in Annex V. The shipment of products shall be considered as having taken place on the date on which they were loaded onto the exporting means of transport. The shipment must take place no later than 31 December 2006.
Article 3
1. The quantitative limits referred to in Annex V shall not apply to products placed in a free zone or free warehouse or imported under the arrangements governing customs warehouses, temporary importation or inward processing (suspension system).
2. Where the products referred to in paragraph 1 are subsequently released for free circulation, either in the unaltered state or after working or processing, Article 2(2) shall apply and the products so released shall be counted against the relevant quantitative limit set out in Annex V.
Article 4
1. For the purpose of applying Article 2(2), before issuing import licences, the competent authorities of the Member States listed in Annex IV shall notify the Commission of the amounts of the requests for import licences, supported by original export licences, which they have received. By return, the Commission shall notify whether the requested amount(s) of quantities are available for importation in the chronological order in which the notifications of the Member States are received (‘first come, first served basis’).
2. The requests included in the notifications to the Commission shall be valid if they establish clearly in each case the exporting country, the product code concerned, the amounts to be imported, the number of the export licence, the quota year and the Member State in which the products are intended to be put into free circulation.
3. As far as possible, the Commission shall confirm to the authorities the full amount indicated in the requests notified for each group of products.
4. The competent authorities shall notify the Commission immediately after being informed of any quantity that is not used during the duration of validity of the import licence. Such unused quantities shall automatically be transferred into the remaining quantities of the total Community quantitative limit for each product group.
5. The notifications referred to in paragraphs 1 to 4 shall be communicated electronically within the integrated network set up for this purpose, unless for imperative technical reasons it is necessary to use other means of communication temporarily.
6. The import licences or equivalent documents shall be issued in accordance with Articles 12 to 16.
7. The competent authorities of the Member States shall notify the Commission of any cancellation of import licences or equivalent documents already issued in cases where the corresponding export licences have been withdrawn or cancelled by the competent Ukrainian authorities. However, if the Commission or the competent authorities of a Member State have been informed by the competent Ukrainian authorities of the withdrawal or cancellation of an export licence after the related products have been imported into the Community, the quantities in question shall be set off against the quantitative limit for the year during which the shipment of products took place.
Article 5
1. Where the Commission has indications that products listed in Annex I originating in Ukraine have been transhipped, rerouted or otherwise imported into the Community through circumvention of the quantitative limits referred to in Article 2 and that there is a need for the necessary adjustments to be made, it shall request that consultations be opened so that agreement may be reached on the necessary adjustment of the corresponding quantitative limits to be made.
2. Pending the outcome of the consultations referred to in paragraph 1, the Commission may ask Ukraine to take the necessary precautionary steps to ensure that adjustments to the quantitative limits agreed following such consultations may be carried out.
3. Should the Community and Ukraine fail to arrive at a satisfactory solution and should the Commission note that there is clear evidence of circumvention, the Commission shall deduct from the quantitative limits an equivalent volume of products originating in Ukraine.
Article 6
1. An export licence (to be issued by the competent Ukrainian authorities) shall be required in respect of any consignment of steel products subject to the quantitative limits laid down in Annex V up to the level of the said limits.
2. The original of the export licence shall be presented by the importer for the purposes of the issue of the import licence referred to in Article 12.
Article 7
1. The export licence for quantitative limits shall conform to the specimen set out in Annex II and shall certify, inter alia, that the quantity of goods in question has been set off against the quantitative limit established for the product group concerned.
2. Each export licence shall cover only one of the product groups listed in Annex I.
Article 8
Exports shall be set off against the quantitative limits established for the year in which the products covered by the export licence have been shipped within the meaning of Article 2(3).
Article 9
1. The export licence referred to in Article 6 may include additional copies duly indicated as such. The export licence and the copies thereof as well as the certificate of origin and the copies thereof shall be drawn up in English.
2. If the documents referred to in paragraph 1 are completed by hand, entries must be in ink and in block letters.
3. The export licences or equivalent documents shall measure 210 × 297 mm. The paper shall be white writing paper, sized, not containing mechanical pulp and weighing not less than 25 g/m2. Each part shall have a printed guilloche pattern background making any falsification by mechanical or chemical means apparent to the eye.
4. Only the original shall be accepted by the competent authorities in the Community as being valid for import purposes in accordance with the provisions of this Regulation.
5. Each export licence or equivalent document shall bear a standardised serial number, whether or not printed, by which it can be identified.
6. The serial number shall be composed of the following elements:
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two letters identifying the exporting country as follows:
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two letters identifying the Member State of intended destination as follows:
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a one-digit number identifying the quota year corresponding to the last figure in the year in question, e.g. ‘6’ for 2006, |
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a two-digit number identifying the issuing office in the exporting country, |
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a five-digit number running consecutively from 00 001 to 99 999 allocated to the specific Member State of destination. |
Article 10
The export licence may be issued after the shipment of the products to which it relates. In such cases it shall bear the endorsement ‘issued retrospectively’.
Article 11
In the event of the theft, loss or destruction of an export licence, the exporter may apply to the competent authority which issued the document for a duplicate to be made out on the basis of the export documents in his possession.
The duplicate licence issued in this way shall bear the endorsement ‘duplicate’. It shall bear the date of the original licence.
Article 12
1. To the extent that the Commission pursuant to Article 4 has confirmed that the amount requested is available within the quantitative limit in question, the competent authorities of the Member States shall issue an import licence within a maximum of five working days of the presentation by the importer of the original of the corresponding export licence. This presentation must be effected not later than 31 March of the year following that in which the goods covered by the licence have been shipped. Import licences shall be issued by the competent authorities of any Member State irrespective of the Member State indicated on the export licence, to the extent that the Commission, pursuant to Article 4, has confirmed that the amount requested is available within the quantitative limit in question.
2. The import licences shall be valid for four months from the date of their issue. Upon duly motivated request by an importer, the competent authorities of a Member State may extend the duration of validity for a further period not exceeding four months.
3. Import licences shall be drawn up in the form set out in Annex III and shall be valid throughout the customs territory of the Community.
4. The declaration or request made by the importer in order to obtain the import licence shall contain:
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(a) |
the full name and address of the exporter; |
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(b) |
the full name and address of the importer; |
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(c) |
the exact description of the goods and the TARIC code(s); |
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(d) |
the country of origin of the goods; |
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(e) |
the country of consignment; |
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(f) |
the appropriate product group and the quantity for the products in question; |
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(g) |
the net weight by TARIC heading; |
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(h) |
the cif value of the products at Community frontier by TARIC heading; |
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(i) |
whether the products concerned are seconds or of substandard quality; |
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(j) |
where appropriate, dates of payment and delivery and a copy of the bill of lading and of the purchase contract; |
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(k) |
date and number of the export licence; |
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(l) |
any internal code used for administrative purposes; |
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(m) |
date and signature of importer. |
5. Importers shall not be obliged to import the total quantity covered by an import licence in a single consignment.
Article 13
The validity of import licences issued by the authorities of the Member States shall be subject to the validity of export licences and the quantities indicated in the export licences issued by the competent Ukrainian authorities on the basis of which the import licences have been issued.
Article 14
Import licences or equivalent documents shall be issued by the competent authorities of the Member States in conformity with Article 2(2) and without discrimination to any importer in the Community wherever the place of his establishment may be in the Community, without prejudice to compliance with other conditions required under the current rules.
Article 15
1. If the Commission finds that the total quantities covered by export licences issued by Ukraine for a particular product group exceed the quantitative limit established for that product group, the competent licence authorities in the Member States shall be informed immediately in order to suspend the further issue of import licences. In this event, consultations shall be initiated forthwith by the Commission.
2. The competent authorities of a Member State shall refuse to issue import licences for products originating in Ukraine which are not covered by export licenses issued in accordance with the provisions of Articles 6 to 11.
Article 16
1. The forms to be used by the competent authorities of the Member States for issuing the import licences referred to in Article 12 shall conform to the specimen of the import licence set out in Annex III.
2. Import licence forms and extracts thereof shall be drawn up in duplicate, one copy, marked ‘Holder's copy’ and bearing the number 1 to be issued to the applicant, and the other, marked ‘Copy for the issuing authority’ and bearing the number 2, to be kept by the authority issuing the licence. For administrative purposes the competent authorities may add additional copies to form 2.
3. Forms shall be printed on white paper free of mechanical pulp, dressed for writing and weighing between 55 and 65 g/m2. Their size shall be 210 × 297 mm; the type space between the lines shall be 4,24 mm (one sixth of an inch); the layout of the forms shall be followed precisely. Both sides of copy No 1, which is the licence itself, shall in addition have a red printed guilloche pattern background so as to reveal any falsification by mechanical or chemical means.
4. Member States shall be responsible for having the forms printed. The forms may also be printed by printers appointed by the Member State in which they are established. In the latter case, reference to the appointment by the Member State must appear on each form. Each form shall bear an identification of the printer's name and address or a mark enabling the printer to be identified.
5. At the time of their issue the import licences or extracts shall be given an issue number determined by the competent authorities of the Member State. The import licence number shall be notified to the Commission electronically within the integrated network set up under Article 4.
6. Licences and extracts shall be completed in the official language, or one of the official languages, of the Member State of issue.
7. In box 10 the competent authorities shall indicate the appropriate steel product group.
8. The marks of the issuing agencies and debiting authorities shall be applied by means of a stamp. However, an embossing press combined with letters or figures obtained by means of perforation, or printing on the licence may be substituted for the issuing authority's stamp. The issuing authorities shall use any tamper-proof method to record the quantity allocated in such a way as to make it impossible to insert figures or references.
9. The reverse of copy No 1 and copy No 2 shall bear a box in which quantities may be entered, either by the customs authorities when import formalities are completed, or by the competent administrative authorities when an extract is issued. If the space set aside for debits on a licence or extract thereof is insufficient, the competent authorities may attach one or more extension pages bearing boxes matching those on the reverse of copy No 1 and copy No 2 of the licence or extract. The debiting authorities shall place their stamp in such a way that one half is on the licence or extract thereof and the other half is on the extension page. If there is more than one extension page, a further stamp shall be placed in like manner across each page and the preceding page.
10. Import licences and extracts issued, and entries and endorsements made, by the authorities of one Member State shall have the same legal effect in each of the other Member States as documents issued, and entries and endorsements made, by the authorities of such Member States.
11. The competent authorities of the Member States concerned may, where indispensable, require the contents of licences or extracts to be translated into the official language or one or the official languages of that Member State.
Article 17
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
It shall apply until 31 December 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 November 2006.
For the Council
The President
M. PEKKARINEN
(1) OJ L 232, 8.9.2005, p. 43.
(3) OJ L 256, 7.9.1987, p. 1. Regulation as last amended by Commission Regulation (EC) No 1549/2006 (OJ L 301, 31.10.2006, p. 1).
ANNEX I
SA Flat-rolled products
SA1. (coils)
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7208100000 |
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7208250000 |
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7208260000 |
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7208270000 |
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7208360000 |
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7208370010 |
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7208370090 |
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7208380010 |
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7208380090 |
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7208390010 |
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7208390090 |
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7211140010 |
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7211190010 |
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7219110000 |
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7219121000 |
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7219129000 |
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7219131000 |
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7219139000 |
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7219141000 |
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7219149000 |
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7225200010 |
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7225301000 |
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7225309000 |
SA3. (other flat rolled products)
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7208400090 |
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7208539000 |
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7208540000 |
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7208908010 |
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7209150000 |
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7209161000 |
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7209169000 |
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7209171000 |
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7209179000 |
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7209181000 |
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7209189100 |
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7209189900 |
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7209250000 |
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7209261000 |
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7209269000 |
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7209271000 |
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7209279000 |
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7209281000 |
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7209289000 |
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7209908010 |
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7210110010 |
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7210122010 |
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7210128010 |
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7210200010 |
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7210300010 |
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7210410010 |
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7210490010 |
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7210500010 |
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7210610010 |
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7210690010 |
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7210701010 |
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7210708010 |
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7210903010 |
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7210904010 |
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7210908091 |
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7211140090 |
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7211190090 |
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7211232010 |
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7211233010 |
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7211233091 |
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7211238010 |
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7211238091 |
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7211290010 |
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7211908010 |
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7212101000 |
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7212109011 |
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7212200011 |
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7212300011 |
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7212402010 |
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7212402091 |
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7212408011 |
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7212502011 |
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7212503011 |
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7212504011 |
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7212506111 |
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7212506911 |
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7212509013 |
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7212600011 |
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7212600091 |
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7219211000 |
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7219219000 |
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7219221000 |
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7219229000 |
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7219230000 |
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7219240000 |
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7219310000 |
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7219321000 |
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7219329000 |
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7219331000 |
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7219339000 |
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7219341000 |
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7219349000 |
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7219351000 |
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7219359000 |
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7225401290 |
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7225409000 |
SB Longs
SB1. (beams)
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7207198010 |
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7207208010 |
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7216311000 |
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7216319000 |
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7216321100 |
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7216321900 |
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7216329100 |
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7216329900 |
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7216331000 |
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7216339000 |
ANNEX II
ANNEX III
ANNEX IV
LISTA DE LAS AUTORIDADES NACIONALES COMPETENTES
SEZNAM PŘÍSLUŠNÝCH VNITROSTÁTNÍCH ORGÁNŮ
LISTE OVER KOMPETENTE NATIONALE MYNDIGHEDER
LISTE DER ZUSTÄNDIGEN BEHÖRDEN DER MITGLIEDSTAATEN
PÄDEVATE RIIKLIKE ASUTUSTE NIMEKIRI
ΔΙΕΥΘΥΝΣΕΙΣ ΤΩΝ ΑΡΧΩΝ ΕΚΔΟΣΗΣ ΑΔΕΙΩΝ ΤΩΝ ΚΡΑΤΩΝ ΜΕΛΩΝ
LIST OF THE COMPETENT NATIONAL AUTHORITIES
LISTE DES AUTORITÉS NATIONALES COMPÉTENTES
ELENCO DELLE COMPETENTI AUTORITÀ NAZIONALI
VALSTU KOMPETENTO IESTĀŽU SARAKSTS
ATSAKINGŲ NACIONALINIŲ INSTITUCIJŲ SĄRAŠAS
AZ ILLETÉKES NEMZETI HATÓSÁGOK LISTÁJA
LISTA TA' L-AWTORITAJIET KOMPETENTI NAZZJONALI
LIJST VAN BEVOEGDE NATIONALE INSTANTIES
LISTA WŁAŚCIWYCH ORGANÓW KRAJOWYCH
LISTA DAS AUTORIDADES NACIONAIS COMPETENTES
ZOZNAM PRÍSLUŠNÝCH ŠTÁTNYCH ORGÁNOV
SEZNAM PRISTOJNIH NACIONALNIH ORGANOV
LUETTELO TOIMIVALTAISISTA KANSALLISISTA VIRANOMAISISTA
FÖRTECKNING ÖVER BEHÖRIGA NATIONELLA MYNDIGHETER
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BELGIQUE/BELGIË
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ČESKÁ REPUBLIKA
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DANMARK
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DEUTSCHLAND
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EESTI
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ΕΛΛΑΔΑ
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ESPAÑA
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FRANCE
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IRELAND
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ITALIA
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ΚΥΠΡΟΣ
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LATVIJA
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LIETUVA
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LUXEMBOURG
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MAGYARORSZÁG
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MALTA
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NEDERLAND
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ÖSTERREICH
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POLSKA
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PORTUGAL
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SLOVENIJA
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SLOVENSKÁ REPUBLIKA
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SUOMI/FINLAND
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SVERIGE
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UNITED KINGDOM
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ANNEX V
QUANTITATIVE LIMITS
(tonnes)
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Products |
Year 2006 |
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SA. Flat products |
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SA1. Coils |
30 000 |
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SA3. Other flat products |
20 000 |
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SB. Long products |
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SB1. Beams |
2 000 |
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30.11.2006 |
EN |
Official Journal of the European Union |
L 332/18 |
COUNCIL REGULATION (EC) No 1756/2006
of 28 November 2006
amending Regulation (EC) No 2667/2000 on the European Agency for Reconstruction
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular the first sentence of Article 181a(2) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Whereas:
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(1) |
Community assistance provided for in Council Regulation (EC) No 2666/2000 of 5 December 2000 on assistance for Albania, Bosnia and Herzegovina, Croatia, the Federal Republic of Yugoslavia and the former Yugoslav Republic of Macedonia, repealing Regulation (EC) No 1628/96 and amending Regulations (EEC) No 3906/89 and (EEC) No 1360/90 and Decisions 97/256/EC and 1999/311/EC (2) (the CARDS programme) is implemented in Serbia and Montenegro, including Kosovo as defined by United Nations Security Council Resolution 1244 of 10 June 1999, and in the former Yugoslav Republic of Macedonia by the European Agency for Reconstruction established by Council Regulation (EC) No 2667/2000 (3). |
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(2) |
Regulation (EC) No 2667/2000 applies until 31 December 2006. |
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(3) |
Regulation (EC) No 2667/2000 provides for a report from the Commission to the Council on the future of the mandate of the European Agency for Reconstruction. |
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(4) |
The Commission submitted the said report to the Council, and to the European Parliament for information, on 23 December 2005. |
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(5) |
In that report, the Commission proposed to discontinue the European Agency for Reconstruction, but nevertheless to extend its existence for two years, until 31 December 2008, with its current mandate and status, so as to phase out its activities under the CARDS programme. |
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(6) |
Regulation (EC) No 2667/2000 should therefore be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
In Article 16 of Regulation (EC) No 2667/2000, the date ‘31 December 2006’ shall be replaced by ‘31 December 2008’.
Article 2
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, 28 November 2006.
For the Council
The President
E. HEINÄLUOMA
(1) Opinion delivered on 12 October 2006 (not yet published in the Official Journal).
(2) OJ L 306, 7.12.2000, p. 1. Regulation as last amended by Regulation (EC) No 2112/2005 (OJ L 344, 27.12.2005, p. 23).
(3) OJ L 306, 7.12.2000, p. 7. Regulation as last amended by Regulation (EC) No 389/2006 (OJ L 65, 7.3.2006, p. 5).
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30.11.2006 |
EN |
Official Journal of the European Union |
L 332/19 |
COMMISSION REGULATION (EC) No 1757/2006
of 29 November 2006
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 establishing the European Community,
Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables (1), and in particular Article 4(1) thereof,
Whereas:
|
(1) |
Regulation (EC) No 3223/94 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 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 Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 30 November 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 November 2006.
For the Commission
Jean-Luc DEMARTY
Director-General for Agriculture and Rural Development
(1) OJ L 337, 24.12.1994, p. 66. Regulation as last amended by Regulation (EC) No 386/2005 (OJ L 62, 9.3.2005, p. 3).
ANNEX
to Commission Regulation of 29 November 2006 establishing the standard import values for determining the entry price of certain fruit and vegetables
|
(EUR/100 kg) |
||
|
CN code |
Third country code (1) |
Standard import value |
|
0702 00 00 |
052 |
74,6 |
|
096 |
65,2 |
|
|
204 |
40,3 |
|
|
999 |
60,0 |
|
|
0707 00 05 |
052 |
131,2 |
|
204 |
73,9 |
|
|
628 |
171,8 |
|
|
999 |
125,6 |
|
|
0709 90 70 |
052 |
153,6 |
|
204 |
72,5 |
|
|
999 |
113,1 |
|
|
0805 20 10 |
204 |
51,2 |
|
999 |
51,2 |
|
|
0805 20 30, 0805 20 50, 0805 20 70, 0805 20 90 |
052 |
65,1 |
|
400 |
71,8 |
|
|
999 |
68,5 |
|
|
0805 50 10 |
052 |
53,4 |
|
388 |
44,1 |
|
|
528 |
39,8 |
|
|
999 |
45,8 |
|
|
0808 10 80 |
388 |
62,2 |
|
400 |
141,6 |
|
|
404 |
96,2 |
|
|
508 |
80,5 |
|
|
720 |
70,9 |
|
|
999 |
90,3 |
|
|
0808 20 50 |
052 |
97,8 |
|
720 |
70,1 |
|
|
999 |
84,0 |
|
(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’.
II Acts whose publication is not obligatory
Council
|
30.11.2006 |
EN |
Official Journal of the European Union |
L 332/21 |
COUNCIL DECISION
of 13 November 2006
establishing a Committee on monetary, financial and balance of payments statistics
(Codified version)
(2006/856/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the European Economic and Social Committee (2),
Whereas:
|
(1) |
Council Decision 91/115/EEC of 25 February 1991 establishing a Committee on monetary, financial and balance of payments statistics (3) has been substantially amended (4). In the interests of clarity and rationality the said Decision should be codified. |
|
(2) |
There is a need to establish, as a section of the multiannual statistical programme of the Commission, a multiannual work programme in the field of monetary, financial and balance of payments statistics. |
|
(3) |
By Decision 89/382/EEC, Euratom of 19 June 1989 establishing a Committee on the Statistical Programmes of the European Communities (5) the Council set up a Committee on the Statistical Programme of the European Communities, comprising representatives of the Member States' statistical institutes, to ensure close cooperation between Member States and the Commission whilst the statistical programme is established. |
|
(4) |
In Member States monetary and banking statistics are drawn up by central banks, and financial and balance of payments statistics are drawn up by various institutions, including central banks. |
|
(5) |
It is necessary, in order to achieve close cooperation between Member States and the Commission in the fields of monetary, financial and balance of payments statistics that the Commission be assisted, in drawing up and implementing the multiannual work programme relating to such statistics, by a Committee composed of representatives of the principal national institutions concerned. |
|
(6) |
Having regard to the specific role played in the Member States by the aforementioned institutions, it is necessary to allow the committee to choose its chairman. |
|
(7) |
There is, from the point of view of statistics, a close interdependence between the monetary, financial and balance of payments areas on the one hand, and certain other areas of economic statistics on the other hand. |
|
(8) |
The increased demand from the Member States and Community institutions for improved statistical information requires the enhancement of cooperation between the users and producers of monetary, financial and balance of payments statistics, |
HAS DECIDED AS FOLLOWS:
Article 1
A Committee on Monetary, Financial and Balance of Payments Statistics, hereinafter called ‘the Committee’, is hereby established.
Article 2
The Committee shall assist the Commission in drawing up and implementing the multiannual programme of work relating to monetary, financial and balance of payments statistics. The Committee shall, in particular, have the task of expressing opinions on the development and coordination of the monetary, financial and balance of payments statistics required for the policies implemented by the Council, the Commission, and the various committees assisting them.
The Committee may be asked to express opinions on the links between monetary, financial and balance of payments statistics on the one hand, and certain other economic statistics on the other, in particular those on which national accounts are based. The work of this Committee will be coordinated with that of the Statistical Programme Committee.
Article 3
The Commission, on its own initiative, and, should the occasion arise, following a request from the Council or from the committees which assist them, shall consult the Committee on:
|
(a) |
the establishment of multiannual Community programmes for monetary, financial and balance of payments statistics; |
|
(b) |
the measures which the Commission intends to undertake to achieve the objectives referred to in the multiannual programmes for monetary, financial and balance of payments statistics and the resources and timetables involved; |
|
(c) |
any other question, in particular questions of methodology, arising from the establishment or implementation of the Statistical Programme in the relevant fields. |
The Committee may express opinions on its own initiative on any questions relating to the establishment or the implementation of statistical programmes in the monetary, financial and balance of payments fields.
Article 4
The Committee may express opinions on its own initiative on any questions relating to those statistics that are of common concern to the Commission and national statistical authorities, on the one hand, and the European Central Bank (ECB) and national central banks, on the other. In the execution of its tasks, the Committee shall give its views to all interested parties.
Article 5
The Committee shall be composed of one, two or three representatives per Member State, coming from the institutions principally concerned with financial, monetary and balance of payments statistics, up to three representatives of the Commission and up to three representatives of the ECB. In addition, one representative of the Economic and Financial Committee may attend the meetings of the Committee, as an observer. Each Member State, the Commission and the ECB shall have one vote each.
Representatives of other organisations, as well as any person able to contribute to discussions, may, on the decision of the Committee, participate in the Committee's meetings.
Article 6
The Committee shall elect its chairman according to the detailed rules laid down in its rules of procedure.
Article 7
The Committee shall draw up its rules of procedure.
Article 8
Decision 91/115/EEC is repealed.
References made to the repealed Decision shall be construed as being made to this Decision and should be read in accordance with the correlation table in Annex II.
Done at Brussels, 13 November 2006.
For the Council
The President
E. TUOMIOJA
(1) OJ C 97 E, 22.4.2004, p. 68.
(2) OJ C 10, 14.1.2004, p. 27.
(3) OJ L 59, 6.3.1991, p. 19. Decision as amended by Decision 96/174/EC (OJ L 51, 1.3.1996, p. 48).
(4) See Annex I.
(5) OJ L 181, 28.6.1989, p. 47.
ANNEX I
Repealed Decision and its amending Decision
|
Council Decision 91/115/EEC |
|
|
Council Decision 96/174/EC |
ANNEX II
Correlation table
|
Decision 91/115/EEC |
This Decision |
|
Articles 1-3 |
Articles 1-3 |
|
Article 3a |
Article 4 |
|
Article 4 |
Article 5 |
|
Article 5 |
Article 6 |
|
Article 6 |
Article 7 |
|
— |
Article 8 |
|
— |
Annex I |
|
— |
Annex II |
Commission
|
30.11.2006 |
EN |
Official Journal of the European Union |
L 332/24 |
COMMISSION DECISION
of 15 June 2005
relating to a proceeding under Article 82 of the EC Treaty and Article 54 of the EEA Agreement
(Case COMP/A.37.507/F3 — AstraZeneca) (1)
(notified under document number C(2005) 1757)
(Only the English and Swedish texts are authentic)
(Text with EEA relevance)
(2006/857/EC)
On 15 June 2005, the Commission adopted a decision relating to a proceeding under Article 82 of the EC Treaty and Article 54 of the EEA Agreement. In accordance with the provisions of Article 30 of Regulation (EC) No 1/2003 (2), the Commission herewith publishes the names of the parties and the main content of the decision, including any penalties imposed, having regard to the legitimate interest of undertakings in the protection of their business secrets. A non-confidential version of the full text of the decision in the authentic languages of the case (English and Swedish) can be found at DG COMP’s website at http://europa.eu.int/comm/competition/index_en.html
1. SUMMARY OF THE INFRINGEMENTS
Addresses and the nature of the infringements
The decision is addressed to the Swedish company AstraZeneca AB and the UK company AstraZeneca Plc (hereinafter ‘AZ’) due to their infringements of Article 82 of the EC Treaty and Article 54 of the EEA Agreement.
The infringements concern abuses by AZ of government procedures in seven EEA Contracting States aimed at excluding generic firms and — in the context of the second infringement — parallel traders from competing against AZ’s pharmaceutical product Losec. The first abuse involved misuses of a Council Regulation (3) (hereinafter ‘SPC Regulation’) under which the basic patent protection for pharmaceutical products can be extended. The second abuse concerned misuses of procedures relating to the authorisation of marketing of pharmaceutical products.
Relevant market and dominance
The relevant market comprises national markets for so-called proton pump inhibitors (hereinafter ‘PPIs’) sold on prescription which are used for gastro-intestinal acid related diseases (such as ulcers). AZ’s Losec was the first PPI. More specifically, the decision finds that a PPI market can be established at least from 1993 in Belgium, Denmark, Germany, the Netherlands, Sweden and the UK and from 1992 in Norway.
The decision finds that AZ held a dominant position on the PPI market in Belgium, the Netherlands, Sweden (from 1993 until the end of 2000), Norway (from 1994 until the end of 2000), Denmark and the UK (from 1993 until the end of 1999) and Germany (from 1993 until the end of 1997).
The first infringement
The first infringement of Article 82 of the EC Treaty and Article 54 of the EEA Agreement constitutes a single and continuous abuse and consists of a pattern of misleading representations made by AZ before patent offices in Belgium, Denmark, Germany, the Netherlands, Norway and the UK and before national courts in Germany and Norway.
The misleading information was initially provided by AZ in the context of its applications to several patent offices in June 1993 and December 1994 within the EEA for extra protection for omeprazole (the active substance in AZ’s product Losec) in the form of so-called supplementary protection certificates.
The second infringement
The second infringement of Article 82 of the EC Treaty and Article 54 of the EEA Agreement constitutes a single and continuous abuse and consists of AZ’s requests for the surrender of its market authorisations for Losec capsules in Denmark, Norway and Sweden combined with its withdrawal from the market of Losec capsules and launch of Losec MUPS tablets in those three countries.
2. FINES
The decision finds that the nature of the infringements and their geographic scope are such that the infringements must be qualified as serious.
The qualification of the infringements as serious takes into account that the abuses in this case present some specific and novel features regarding the means used and cannot be said to have been clear-cut ones.
The decision also takes account of the fact that AstraZeneca Plc is only jointly and severally liable for the infringements with effect from the merger between Astra AB (currently AstraZeneca AB) and Zeneca Plc on 6 April 1999.
The fine of EUR 60 000 000 is divided as follows. AstraZeneca AB and AstraZeneca are jointly and severally liable for EUR 46 000 000 whereas AstraZeneca AB is solely liable for EUR 14 000 000.
(1) Opinion of the Advisory Committee (OJ C 291, 30.11.2006).
(2) OJ L 1, 4.1.2003, p. 1. Regulation as amended by Regulation (EC) No 411/2004 (OJ L 68, 6.3.2004, p. 1).
(3) SPCs are granted pursuant to Council Regulation (EEC) No 1768/92 of 18 June 1992 concerning the creation of a supplementary protection certificate for medicinal products (OJ L 182, 2.7.1992, p. 1).
|
30.11.2006 |
EN |
Official Journal of the European Union |
L 332/26 |
COMMISSION DECISION
of 28 November 2006
amending Decision 2005/393/EC as regards restricted zones in relation to bluetongue
(notified under document number C(2006) 5607)
(Text with EEA relevance)
(2006/858/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 2000/75/EC of 20 November 2000 laying down specific provisions for the control and eradication of bluetongue (1), and in particular Article 8(3) thereof,
Whereas:
|
(1) |
Directive 2000/75/EC lays down control rules and measures to combat bluetongue in the Community, including the establishment of protection and surveillance zones and a ban on animals leaving those zones. |
|
(2) |
Commission Decision 2005/393/EC of 23 May 2005 on protection and surveillance zones in relation to bluetongue and conditions applying to movements from or through these zones (2) provides for the demarcation of the global geographic areas where protection and surveillance zones (the restricted zones) are to be established by the Member States in relation to bluetongue. |
|
(3) |
On 3 November 2006 Portugal informed the Commission that serotype 4 virus has been detected as circulating in a number of peripheral areas of restricted zone E. Consequently that zone should be extended, taking into account the data available on the ecology of the vector and the current meteorological situation. |
|
(4) |
Following the notification of outbreaks of bluetongue in mid-August and early September 2006 by Belgium, Germany, France and the Netherlands, the Commission has amended several times Decision 2005/393/EC as regards the demarcation of the restricted zone concerned. |
|
(5) |
On 6 November 2006 Germany informed the Commission of new outbreaks of bluetongue in North-Rhine-Westphalia, Rhineland-Palatinate and Lower Saxony. In view of those findings, it is appropriate to amend the demarcation of the restricted zone in Germany and France. |
|
(6) |
On 6 November 2006 Italy also informed the Commission that serotype 1 virus has been detected as circulating for the first time in Cagliari province in the Sardegna region already located in the restricted zone C. Consequently, in view of those new findings, it is appropriate to insert a new restricted zone including the affected area. |
|
(7) |
Decision 2005/393/EC should be amended accordingly. |
|
(8) |
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
HAS ADOPTED THIS DECISION:
Article 1
Annex I to Decision 2005/393/EC is amended in accordance with the Annex to this Decision.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 28 November 2006.
For the Commission
Markos KYPRIANOU
Member of the Commission
(1) OJ L 327, 22.12.2000, p. 74.
(2) OJ L 130, 24.5.2005, p. 22. Decision as last amended by Decision 2006/761/EC (OJ L 311, 10.11.2006, p. 51).
ANNEX
Annex I to Decision 2005/393/EC is amended as follows:
|
1. |
The list of restricted zones in Zone C (serotypes 2 and 4 and to a lesser extent 16) which relates to Italy is replaced by the following: ‘Italy Sassari’ |
|
2. |
The list of restricted zones in Zone E (serotype 4) which relates to Portugal is replaced by the following: ‘Portugal
|
|
3. |
The list of restricted zones in Zone F (serotype 8) which relates to France is replaced by the following: ‘France Protection zone:
Surveillance zone:
|
|
4. |
The list of restricted zones in Zone F (serotype 8) which relates to Germany is replaced by the following: ‘Germany Baden-Württemberg Stadtkreis Baden-Baden Im Landkreis Enzkreis: Birkenfeld, Eisingen, Illingen, Ispringen, Kämpfelbach, Keltern, Kieselbronn, Knittlingen, Königsbach-Stein, Maulbronn, Mühlacker Neuenbürg, Neulingen, Ölbronn-Dürrn, Ötisheim, Remchingen, Sternenfels, Straubenhardt Stadtkreis Heidelberg Stadtkreis Heilbronn Im Landkreis Heilbronn: Bad Friedrichshall, Bad Rappenau, Bad Wimpfen, Brackenheim, Eppingen, Gemmingen, Güglingen, Gundelsheim, Ittlingen, Kirchardt, Leingarten, Möckmühl, Massenbachhausen, Neckarsulm, Neudenau, Offenau, Pfaffenhofen, Roigheim, Schwaigern, Siegelsbach, Untereisesheim, Zaberfeld Landkreis Karlsruhe Stadtkreis Karlsruhe Stadtkreis Mannheim Im Main-Tauber-Kreis: Freudenberg, Königheim, Külsheim, Tauberbischofsheim, Werbach, Wertheim Im Neckar-Odenwald-Kreis: Aglasterhausen, Billigheim, Binau, Buchen, Elztal, Fahrenbach, Hardheim, Haßmersheim, Höpfingen, Hüffenhardt, Limbach, Mosbach, Mudau, Neckargerach, Neckarzimmern, Neunkirchen, Obrigheim, Osterburken, Schefflenz, Schwarzach, Seckach, Waldbrunn, Walldürn, Zwingenberg Im Ortenaukreis: Achern, Appenweier, Kappelrodeck, Kehl, Lauf, Neuried, Oberkirch, Offenburg, Renchen, Rheinau, Sasbach, Sasbachwalden, Schutterwald, Willstätt Stadtkreis Pforzheim Landkreis Rastatt Rhein-Neckar-Kreis Bayern Landkreis und Stadt Aschaffenburg Im Landkreis Bad Kissingen: Aura, Bad Bocklet, Bad Brückenau, Bad Kissingen, Burkardroth, Dreistelzer Forst, Elfershausen, Euerdorf, Forst Detter-Süd, Fuchsstadt, Geiersnest Ost, Geiersnest West, Geroda, Großer Auersberg, Hammelburg, Kälberberg, Klauswald-Süd, Motten, Mottener Forst-Süd, Neuwirtshauser Forst, Oberleichtersbach, Oberthulba, Omerz u. Roter Berg, Riedenberg, Römershager Forst-Nord, Römershager Forst-Ost, Roßbacher Forst, Schondra, Waldfensterer Forst, Wartmannsroth, Wildflecken, Zeitlofs Landkreis Main-Spessart Landkreis Miltenberg Im Landkreis Rhön-Grabfeld: Bastheim, Bischofsheim a. d. Rhön, Burgwallbacher Forst, Fladungen, Forst Schmalwasser Nord, Forst Schmalwasser Süd, Hausen, Mellrichstadter Forst, Nordheim v. d. Rhön, Oberelsbach, Ostheim v. d. Rhön, Sandberg, Schönau a. d. Brend, Sondheim a. d. Rhön, Steinbacher Forst r. d. Saale, Willmars Im Landkreis Schweinfurt: Wasserlosen Im Landkreis Würzburg: Erlabrunn, Greußenheim, Helmstadt, Holzkirchen, Neubrunn, Remlingen, Thüngersheim, Uettingen, Leinach, Waldbüttelbrunn Freie Hansestadt Bremen Gesamtes Landesgebiet Hessen Gesamtes Landesgebiet Niedersachsen Landkreis Ammerland Im Landkreis Aurich: Aurich, Großefehn, Hinte, Ihlow, Krummhörn, Marienhafe, Norden, Ostseel, Südbrookmerland, Upgant-Schott, Wiesmoor, Wirdum Stadt Braunschweig Landkreis Celle Landkreis Cloppenburg Im Landkreis Cuxhaven: Appeln, Beverstedt, Bokel, Bramstedt, Driftsethe, Elmlohe, Frelsdorf, Hagen im Bremischen, Heerstedt, Hollen, Kirchwistedt, Köhlen, Kührstedt, Loxstedt, Lunestedt, Ringstedt, Sandstedt, Schiffdorf, Stubben, Uthlede, Wulsbüttel Stadt Delmenhorst Landkreis Diepholz Stadt Emden Landkreis Emsland Im Landkreis Friesland: Bockhorn, Jever, Sande, Schortens, Varel, Zetel Landkreis Gifhorn Landkreis Goslar Stadt Göttingen Landkreis Göttingen Landkreis Grafschaft Bentheim Landkreis Hameln-Pyrmont Landeshauptstadt Hannover Region Hannover Im Landkreis Harburg: Dohren, Egestorf, Halvesbostel, Handeloh, Heidenau, Hollenstedt, Kakenstorf, Königsmoor, Otter, Regesbostel, Tostedt, Undeloh, Welle, Wistedt Landkreis Helmstedt Landkreis Hildesheim Landkreis Holzminden Landkreis Leer Im Landkreis Lüneburg: Rehlingen, Soderstorf Landkreis Nienburg (Weser) Landkreis Northeim Landkreis Oldenburg Stadt Oldenburg Landkreis Osnabrück Stadt Osnabrück Landkreis Osterholz Landkreis Osterode am Harz Landkreis Peine Landkreis Rotenburg (Wümme) Stadt Salzgitter Landkreis Schaumburg Landkreis Soltau-Fallingbostel Im Landkreis Stade: Ahlerstedt, Brest, Kutenholz, Sauensiek Im Landkreis Uelzen: Eimke, Suderburg, Wriedel Landkreis Vechta Landkreis Verden Landkreis Wesermarsch Stadt Wilhelmshaven Im Landkreis Wittmund: Wittmund, Friedeburg Landkreis Wolfenbüttel Stadt Wolfsburg Nordrhein-Westfalen Gesamtes Landesgebiet Rheinland-Pfalz Gesamtes Landesgebiet Saarland Gesamtes Landesgebiet Sachsen-Anhalt Im Kreis Mansfelder Land: Wippra Im Kreis Sangerhausen: Bennungen, Berga, Breitenbach, Breitenstein, Breitungen, Dietersdorf, Hainrode, Hayn (Harz), Horla, Kelbra (Kyffhäuser), Kleinleinungen, Morungen, Questenberg, Roßla, Rotha, Rottleberode, Schwenda, Stolberg (Harz), Tilleda (Kyffhäuser), Uftrungen, Wickerode, Wolfsberg Im Bördekreis: Ausleben, Barneberg, Gröningen, Gunsleben, Hamersleben, Harbke, Hötensleben, Hornhausen, Krottorf, Marienborn, Neuwegersleben, Ohrsleben, Oschersleben (Bode), Sommersdorf, Völpke, Wackersleben, Wulferstedt Im Kreis Halberstadt: Aderstedt, Anderbeck, Aspenstedt, Athenstedt, Badersleben, Berßel, Bühne, Danstedt, Dardesheim, Dedeleben, Deersheim, Dingelstedt am Huy, Eilenstedt, Eilsdorf, Groß Quenstedt, Halberstadt, Harsleben, Hessen, Huy-Neinstedt, Langenstein, Lüttgenrode, Nienhagen, Osterode am Fallstein, Osterwieck, Pabstorf, Rhoden, Rohrsheim, Sargstedt, Schauen, Schlanstedt, Schwanebeck, Ströbeck, Schachdorf, Veltheim, Vogelsdorf, Wegeleben, Wülperode, Zilly Im Ohre-Kreis: Beendorf, Döhren, Walbeck, Flecken Weferlingen Im Kreis Quedlinburg: Bad Suderode, Ballenstedt, Dankerode, Ditfurt, Friedrichsbrunn, Gernrode, Güntersberge, Harzgerode, Königerode, Neinstedt, Neudorf, Quedlinburg, Rieder, Schielo, Siptenfelde, Stecklenberg, Straßberg, Thale, Warnstedt, Weddersleben, Westerhausen Kreis Wernigerode Thüringen Stadt Eisenach Kreis Eichsfeld Im Kreis Gotha: Aspach, Ballstädt, Bienstädt, Brüheim, Bufleben, Dachwig, Döllstädt, Ebenheim, Emleben, Emsetal, Ernstroda, Eschenbergen, Finsterbergen, Friedrichroda, Friedrichswerth, Friemar, Fröttstädt, Georgenthal/Thür. Wald, Gierstädt, Goldbach, Gotha, Großfahner, Haina, Hochheim, Hörselgau, Laucha, Leinatal, Mechterstädt, Metebach, Molschleben, Remstädt, Sonneborn, Tabarz/Thür. Wald, Teutleben, Tonna, Tröchtelborn, Trügleben, Waltershausen, Wangenheim, Warza, Weingarten, Westhausen Im Kyffhäuserkreis: Bad Frankenhausen/Kyffhäuser, Badra, Bellstedt, Bendeleben, Clingen, Ebeleben, Freienbessingen, Göllingen, Greußen, Großenehrich, Günserode, Hachelbich, Helbedündorf, Holzsußra, Niederbösa, Oberbösa, Rockstedt, Rottleben, Schernberg, Seega, Sondershausen, Steinthaleben, Thüringenhausen, Topfstedt, Trebra, Wasserthaleben, Westgreußen, Wolferschwenda Kreis Nordhausen Im Kreis Schmalkalden-Meiningen: Aschenhausen, Birx, Breitungen/Werra, Brotterode, Erbenhausen, Fambach, Floh-Seligenthal, Frankenheim/Rhön, Friedelshausen, Heßles, Hümpfershausen, Kaltensundheim, Kaltenwestheim, Kleinschmalkalden, Mehmels, Melpers, Oberkatz, Oberweid, Oepfershausen, Rhönblick, Rosa, Roßdorf, Schmalkalden, Schwallungen, Stepfershausen, Trusetal, Unterkatz, Unterweid, Wahns, Wasungen, Wernshausen Im Kreis Sömmerda: Andisleben, Bilzingsleben, Frömmstedt, Gangloffsömmern, Gebesee, Herrnschwende, Schwerstedt, Straußfurt, Walschleben, Weißensee Unstrut-Hainich-Kreis Wartburgkreis’ |
|
5. |
The following Zone G is added: ‘Zone G (serotypes 2 and 4 and to a lesser extent 16 and 1) Italy Sardinia: Cagliari, Nuoro, Oristano’. |
|
30.11.2006 |
EN |
Official Journal of the European Union |
L 332/32 |
COMMISSION DECISION
of 28 November 2006
granting Malta a derogation from certain provisions of Directive 2003/54/EC of the European Parliament and of the Council
(notified under document number C(2006) 5642)
(Only the English text is authentic)
(2006/859/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Directive 2003/54/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in electricity and repealing Directive 96/92/EC (1), and in particular Article 26(1) thereof,
Having regard to the application submitted by Malta on 15 November 2005,
After informing the Member States of the application,
Whereas:
|
(1) |
On 15 November 2005, Malta submitted an application to the Commission for a derogation for an indefinite period of time from the provisions of Chapter IV of Directive 2003/54/EC and from Article 20(1) and Article 21(1) thereof. Express authority for the submission of such an application is contained in Article 26(1) of that Directive. |
|
(2) |
Malta qualifies as a ‘small isolated system’ as defined in point (26) of Article 2 of Directive 2003/54/EC. According to that provision, ‘small isolated system’ means any system with consumption of less than 3 000 GWh in 1996, where less than 5 % of annual consumption is obtained through interconnection with other systems. In 1996, Malta consumed 1 695 GWh. Malta is an isolated not interconnected power system and these derogations are requested for as long as it remains an isolated system. |
|
(3) |
The documents annexed to the application provide sufficient evidence that it is impossible or impractical for the time being to achieve the objective of a competitive market in electricity given the size and structure of the electricity market on the island. In such circumstances an opening up of the market would create substantial problems relating in particular to the security of supply of electricity and would result in higher costs for consumers. In addition, there is no transmission system and therefore no operator can be designated; without competition in supply, there also ceases to be justification for the requirements of Directive 2003/54/EC regarding third party access to distribution systems. |
|
(4) |
The Commission, having examined the grounds put forward in support of Malta's application, is satisfied that the derogation and the conditions for its application will not prejudice the eventual achievement of the objectives of Directive 2003/54/EC. |
|
(5) |
The derogation requested by Malta should therefore be granted. |
|
(6) |
However, whilst Malta’s application gives a fair description of the present situation, it does not take into consideration possible technological developments in the medium- and long-term, which are liable to lead to substantial changes. The situation should therefore be monitored regularly, |
HAS ADOPTED THIS DECISION:
Article 1
A derogation from Chapter IV of Directive 2003/54/EC and from Article 20(1) and Article 21(1) thereof is granted to Malta.
Article 2
The derogation may be withdrawn or revised by the Commission if substantial changes occur in the electricity sector of Malta.
To that end, Malta shall monitor the evolution of the electricity sector and shall report to the Commission any substantial changes therein, in particular information on new generating licenses, new entrants in the market and new infrastructure plans that may necessitate a review of the derogation.
In addition, Malta shall submit a general report to the Commission every two years, starting no later than 31 December 2008. The reports shall set out tarification and pricing policy together with measures taken to protect customers’ interests in the light of the derogation.
Article 3
This Decision is addressed to the Republic of Malta.
Done at Brussels, 28 November 2006.
For the Commission
Andris PIEBALGS
Member of the Commission
(1) OJ L 176, 15.7.2003, p. 37. Directive amended by Council Directive 2004/85/EC (OJ L 236, 7.7.2004, p. 10).
EUROPEAN ECONOMIC AREA
Standing Committee of the EFTA States
|
30.11.2006 |
EN |
Official Journal of the European Union |
L 332/34 |
DECISION OF THE STANDING COMMITTEE OF THE EFTA STATES
No 1/2004/SC
of 5 February 2004
establishing an Office for the EEA Financial Mechanism and the Norwegian Financial Mechanism
THE STANDING COMMITTEE OF THE EFTA STATES,
Having regard to the Agreement on the European Economic Area, as adjusted by the Protocol Adjusting the Agreement on the European Economic Area, hereinafter referred to as the EEA Agreement,
Having regard to the Agreement on the participation of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic in the European Economic Area, hereinafter referred to as the EEA Enlargement Agreement,
Having regard to Protocol 38a on the EEA Financial Mechanism inserted into the EEA Agreement by the EEA Enlargement Agreement,
Having regard to the Agreement between the Kingdom of Norway and the European Community on a Norwegian Financial Mechanism for the period 2004-2009,
Having regard to Decision of the Standing Committee of the EFTA States No 4/2003/SC of 4 December 2003 establishing an EEA Financial Mechanism Interim Committee,
HAS DECIDED AS FOLLOWS:
Article 1
1. An Office for the EEA Financial Mechanism 2004-2009 and the Norwegian Financial Mechanism is hereby established.
2. The Office shall assist in the management of the EEA Financial Mechanism and of the Norwegian Financial Mechanism.
3. The Office shall also assist in the management of the EEA Financial Instrument 1999-2003 as well as the Financial Mechanism 1994-1998.
4. The present Financial Instrument Unit in the EFTA Secretariat shall be integrated into the new Office. Regarding the EEA Financial Mechanism, the Office shall report to the EEA Financial Mechanism Interim Committee until the entering into force of the EEA Enlargement Agreement, and thereafter to the new EEA Financial Mechanism Committee.
5. Regarding the Norwegian Financial Mechanism, the Office shall report to the Norwegian authorities.
6. The Office shall administratively be part of the EFTA Secretariat. The Office will have a separate administrative budget, financed by the funds on a ratio based on their respective costs.
7. The Director of the Office shall be appointed by the Standing Committee upon nomination by the EEA Financial Mechanism Interim Committee.
Article 2
This Decision shall take immediate effect.
Article 3
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.
Done at Brussels, 5 February 2004.
For the Standing Committee
The Chairman
H.S.H. Prince Nikolaus of LIECHTENSTEIN
The Secretary-General
William ROSSIER
|
30.11.2006 |
EN |
Official Journal of the European Union |
L 332/36 |
DECISION OF THE STANDING COMMITTEE OF THE EFTA STATES
No 2/2005/SC
of 28 April 2005
regarding the audit of the financial management of and projects under the Financial Instrument
THE STANDING COMMITTEE OF THE EFTA STATES,
Having regard to the Agreement on the European Economic Area as adjusted by the Protocol Adjusting the Agreement on the European Economic Area, hereinafter referred to as the EEA Agreement, and Decision of the EEA Joint Committee No 47/2000 of 22 May 2000 establishing an EEA Financial Instrument,
Having regard to Decision of the Standing Committee of the EFTA States No 1/2000/SC of 2 October 2000 establishing a Financial Instruments Committee,
Having regard to Decision No 5/2002 of the ESA/Court Committee and Decision of the Council No 2 of 2002 replacing Decision of the Council No 6 and of the ESA/Court Committee of 1998,
HAS DECIDED AS FOLLOWS:
Article 1
The Board of Auditors shall act as supreme authority for the auditing of the financial management of and projects under and the Financial Instrument.
Article 2
The EFTA States being party to the EEA Agreement shall each be represented on the Board of Auditors when it carries out audits of the financial management of and/or projects under the Financial Instrument.
Article 3
The Board of Auditors shall consist of nationals from the EFTA States party to the EEA Agreement and preferably being members of the supreme audit institutions of the EFTA States. Their independence must be beyond doubt. An official of EFTA may not be appointed auditor until an interval of three years has elapsed since the end of his appointment with any of the EFTA institutions.
Article 4
The members of the Board of Auditors that shall audit the financial management of and/or projects under the Financial Instrument shall be appointed by the Standing Committee of the EFTA States. All appointments shall be for a term of four years. A member shall normally be eligible for reappointment once. The Members appointed by the Standing Committee of the EFTA States may be the same persons as those appointed by the ESA/Court Committee on the basis of its Decision No 5/2002.
Article 5
The members of the Board of Auditors shall be completely independent in the performance of their duties.
Article 6
The cost of an appropriate and proportional audit of the financial management of and/or projects under the Financial Instrument by the Board of Auditors shall be financed from the administrative budget of the Financial Instrument. Based on an according budget proposal from the Board of Auditors, the Standing Committee shall agree on the amount to be granted for this purpose.
Article 7
The Board of Auditors may engage external experts to assist it. The external experts must fulfil the same requirements of independence as the members of the Board of Auditors.
Article 8
The Board of Auditors shall report to the Standing Committee of the EFTA States regarding the audit of the financial management of and projects under the Financial Instrument. It may submit proposals for action.
Article 9
The Board of Auditors shall propose its own rules of procedure concerning the audit of the financial management of and projects under the Financial Instrument and submit them to the Standing Committee of the EFTA States for adoption.
Article 10
This Decision shall take immediate effect.
Article 11
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.
Done at Brussels, 28 April 2005.
For the Standing Committee
The Chairman
Amb B. GRYDELAND
The Secretary-General
William ROSSIER