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Document L:2009:037:FULL
Official Journal of the European Union, L 37, 06 February 2009
Official Journal of the European Union, L 37, 06 February 2009
Official Journal of the European Union, L 37, 06 February 2009
Display all documents published in this Official Journal
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ISSN 1725-2555 |
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Official Journal of the European Union |
L 37 |
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English edition |
Legislation |
Volume 52 |
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Contents |
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I Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory |
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REGULATIONS |
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II Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory |
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DECISIONS |
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Council |
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2009/102/EC |
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Council Decision of 4 November 2008 providing Community medium-term financial assistance for Hungary |
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2009/103/EC |
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Council Decision of 4 November 2008 granting mutual assistance for Hungary |
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Commission |
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2009/104/EC |
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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 adopted under the EC Treaty/Euratom Treaty whose publication is obligatory
REGULATIONS
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6.2.2009 |
EN |
Official Journal of the European Union |
L 37/1 |
COMMISSION REGULATION (EC) No 108/2009
of 5 February 2009
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 Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,
Whereas:
Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XV, Part A thereto,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.
Article 2
This Regulation shall enter into force on 6 February 2009.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 5 February 2009.
For the Commission
Jean-Luc DEMARTY
Director-General for Agriculture and Rural Development
(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 350, 31.12.2007, p. 1.
ANNEX
Standard import values for determining the entry price of certain fruit and vegetables
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(EUR/100 kg) |
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CN code |
Third country code (1) |
Standard import value |
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0702 00 00 |
JO |
68,6 |
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MA |
46,2 |
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TN |
125,1 |
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TR |
95,5 |
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ZZ |
83,9 |
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0707 00 05 |
JO |
155,5 |
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MA |
134,2 |
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TR |
168,4 |
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ZZ |
152,7 |
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0709 90 70 |
MA |
117,3 |
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TR |
106,3 |
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ZZ |
111,8 |
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0709 90 80 |
EG |
84,3 |
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ZZ |
84,3 |
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0805 10 20 |
EG |
51,5 |
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IL |
54,1 |
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MA |
54,7 |
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TN |
41,4 |
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TR |
56,1 |
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ZA |
44,9 |
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ZZ |
50,5 |
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0805 20 10 |
IL |
164,7 |
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MA |
98,6 |
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TR |
52,0 |
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ZZ |
105,1 |
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0805 20 30, 0805 20 50, 0805 20 70, 0805 20 90 |
CN |
71,9 |
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IL |
68,5 |
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JM |
101,6 |
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MA |
149,3 |
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PK |
40,0 |
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TR |
76,1 |
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ZZ |
84,6 |
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0805 50 10 |
EG |
48,0 |
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MA |
67,1 |
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TR |
66,9 |
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ZZ |
60,7 |
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0808 10 80 |
CA |
86,3 |
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CL |
67,8 |
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CN |
83,3 |
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MK |
32,6 |
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US |
114,6 |
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ZZ |
76,9 |
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0808 20 50 |
AR |
103,7 |
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CL |
73,7 |
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CN |
65,1 |
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US |
107,5 |
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ZA |
100,3 |
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ZZ |
90,1 |
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(1) Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘ZZ’ stands for ‘of other origin’.
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6.2.2009 |
EN |
Official Journal of the European Union |
L 37/3 |
COMMISSION REGULATION (EC) No 109/2009
of 5 February 2009
fixing the allocation coefficient to be applied to applications for import licences for olive oil lodged from 2 to 3 February 2009 under the Tunisian tariff quota and suspending the issue of import licences for the month of February 2009
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
Having regard to Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (2), and in particular Article 7(2) thereof,
Whereas:
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(1) |
Article 3(1) and (2) of Protocol No 1 (3) to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part (4), opens a tariff quota at a zero rate of duty for imports of untreated olive oil falling within CN codes 1509 10 10 and 1509 10 90, wholly obtained in Tunisia and transported direct from that country to the Community, up to the limit laid down for each year. |
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Article 2(2) of Commission Regulation (EC) No 1918/2006 of 20 December 2006 opening and providing for the administration of tariff quota for olive oil originating in Tunisia (5) lays down monthly quantitative limits for the issue of import licences. |
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Import licence applications have been submitted to the competent authorities under Article 3(1) of Regulation (EC) No 1918/2006 in respect of a total quantity exceeding the limit laid down for the month of February in Article 2(2) of that Regulation. |
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In these circumstances, the Commission must set an allocation coefficient allowing import licences to be issued in proportion to the quantity available. |
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Since the limit for the month of February has been reached, no more import licences can be issued for that month, |
HAS ADOPTED THIS REGULATION:
Article 1
The quantities for which import licence applications were lodged from 2 and 3 February 2009 under Article 3(1) of Regulation (EC) No 1918/2006 shall be multiplied by an allocation coefficient of 90,947950 %.
The issue of import licences in respect of amounts applied for as from 9 February 2009 shall be suspended for February 2009.
Article 2
This Regulation shall enter into force on 6 February 2009.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 5 February 2009.
For the Commission
Jean-Luc DEMARTY
Director-General for Agriculture and Rural Development
(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 238, 1.9.2006, p. 13.
(3) OJ L 97, 30.3.1998, p. 57.
(5) OJ L 365, 21.12.2006, p. 84.
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6.2.2009 |
EN |
Official Journal of the European Union |
L 37/4 |
COMMISSION REGULATION (EC) No 110/2009
of 5 February 2009
amending the list of countries mentioned in Annex I to Council Regulation (EC) No 519/94
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 427/2003 of 3 March 2003 on a transitional product-specific safeguard mechanism for imports originating in the People’s Republic of China and amending Regulation (EC) No 519/94 on common rules for imports from certain third countries (1), and in particular Article 22(3) thereof,
After consulting the Advisory Committee,
Whereas:
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(1) |
By Regulation (EC) No 519/94 (2) the Council adopted common rules for imports from certain third countries which also contain provisions on safeguard measures. |
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(2) |
Regulation (EC) No 519/94 applies inter alia to imports originating in Ukraine. |
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(3) |
By Regulation (EC) No 427/2003 the Council adopted common rules for a transitional product-specific safeguard mechanism for imports originating in the People’s Republic of China and amended Regulation (EC) No 519/94 on common rules for imports from certain third countries. |
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By Regulation (EC) No 427/2003 the Council delegated to the Commission the responsibility for updating Annex I to Regulation (EC) No 519/94. |
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In view of the accession of Ukraine to the World Trade Organization, provision should be made that Ukraine is removed from the scope of Regulation (EC) No 519/94. |
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The measures provided for in this Regulation are in accordance with the opinion of the Advisory Committee, |
HAS ADOPTED THIS REGULATION:
Sole Article
Ukraine shall be removed from Annex I to Regulation (EC) No 519/94.
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, 5 February 2009.
For the Commission
Catherine ASHTON
Member of the Commission
(2) OJ L 67, 10.3.1994, p. 89.
II Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory
DECISIONS
Council
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6.2.2009 |
EN |
Official Journal of the European Union |
L 37/5 |
COUNCIL DECISION
of 4 November 2008
providing Community medium-term financial assistance for Hungary
(2009/102/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 332/2002 of 18 February 2002 establishing a facility providing medium-term financial assistance for Member States' balance of payments (1), and in particular Article 3(2) thereof,
Having regard to the proposal from the Commission made after consulting the Economic and Financial Committee (EFC),
Whereas:
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(1) |
By Decision 2009/103/EC (2), the Council decided to grant mutual assistance to Hungary. |
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(2) |
Despite the expected improvement in the current account, Hungary’s external financing needs in 2008 and 2009 are estimated at EUR 20 billion as, in view of the recent developments on the financial market, the capital and financial account could substantially deteriorate, with the acceleration of net portfolio outflows. |
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(3) |
It is appropriate to provide Community support to Hungary of up to EUR 6,5 billion under the Facility providing medium-term financial assistance for Member States' balance of payments which was established by Regulation (EC) No 332/2002. That assistance should be provided in conjunction with a loan from the International Monetary Fund of SDR 10,5 billion (around EUR 12,5 billion) under a Stand-by arrangement expected to be approved on 6 November 2008. The World Bank has also agreed to provide a loan to Hungary of EUR 1 billion. |
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(4) |
The assistance should be managed by the Commission which, after consulting the EFC, should agree with the authorities of Hungary the specific economic policy conditions attached to the financial assistance. Those conditions should be laid down in a Memorandum of Understanding. The detailed financial terms should be laid down by the Commission in the Loan Agreement. |
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(5) |
The assistance should be provided with a view to supporting balance of payments sustainability in Hungary and, in this way, contributing to the successful implementation of the Government’s economic policy programme under current economic and financial conditions, |
HAS DECIDED AS FOLLOWS:
Article 1
1. The Community shall make available to Hungary a medium-term loan amounting to a maximum of EUR 6,5 billion, with a maximum average maturity of five years.
2. This Community financial assistance shall be made available during a period of two years starting from the first day after the entry into force of this Decision.
Article 2
1. The Commission shall manage the assistance in a manner consistent with Hungary’s undertakings and with recommendations by the Council, in particular in the context of the implementation of the National Reform Programme as well as of the convergence programme and the excessive deficit procedure.
2. The Commission shall agree with the authorities of Hungary, after consulting the EFC, the specific economic policy conditions attached to the financial assistance as laid down in Article 3(4). Those conditions shall be laid down in a Memorandum of Understanding consistent with the undertakings and recommendations referred to in paragraph 1 of this Article. The detailed financial terms shall be laid down by the Commission in the Loan Agreement.
3. The Commission shall, in collaboration with the EFC, verify at regular intervals that the economic policy conditions attached to the assistance are fulfilled. The Commission shall keep the EFC informed of possible refinancing of the borrowings or restructuring of the financial conditions.
Article 3
1. The Community financial assistance shall be made available by the Commission to Hungary in a maximum of five instalments, the size of which shall be laid down in the Memorandum of Understanding.
2. The first instalment shall be released subject to the entry into force of the Loan Agreement and Memorandum of Understanding, as well as based on the submission to the Hungarian Parliament of the legislative amendments to the draft 2009 budget proposal, which aim at achieving a deficit of 2,6 % of GDP and which include the underpinning budgetary measures.
3. If required in order to finance the loan, the prudent use of interest rate swaps with counterparties of highest credit quality shall be permitted.
4. The Commission, after having obtained the opinion of the EFC, shall decide on the release of further instalments. The disbursement of each further instalment shall be made on the basis of a satisfactory implementation of the new economic programme of the Hungarian Government backed by the IMF arrangement and also included in the forthcoming convergence programme of Hungary and, more particularly, the specific economic policy conditions laid down in the Memorandum of Understanding.
These policy conditions should include, inter alia:
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(a) |
the progress of fiscal consolidation as planned by the Government in the context of its new programme which is in line with the Council recommendation under the excessive deficit procedure of 10 October 2006 as well as the Council opinion on the November 2007 convergence programme update, in particular with respect to the 2009 deficit target; |
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(b) |
specific measures to control expenditure underlying the planned consolidation process; |
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(c) |
progress with fiscal governance reform by strengthening the institutional framework and introducing medium-term fiscal rules along the lines of the draft proposal that is currently being discussed in the Hungarian Parliament; |
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(d) |
financial sector regulation and supervision reforms and stepping-up the authorities' capacity to address efficiently solvency and liquidity concerns; and |
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(e) |
other structural reform measures supported in the context of the Lisbon Strategy, such as the reinforcement of incentives to work with a view to supporting employment and contributing to the long-term sustainability of public finances. |
This Decision is addressed to the Republic of Hungary. It shall be published in the Official Journal of the European Union.
Done at Brussels, 4 November 2008.
For the Council
The President
C. LAGARDE
(2) See page 7 of this Official Journal.
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6.2.2009 |
EN |
Official Journal of the European Union |
L 37/7 |
COUNCIL DECISION
of 4 November 2008
granting mutual assistance for Hungary
(2009/103/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 119,
Having regard to the recommendation from the Commission made after consulting the Economic and Financial Committee,
Whereas:
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(1) |
Since mid-2006, the Hungarian authorities have been making significant efforts to correct the country’s accumulated external and internal imbalances. Despite the tangible results achieved over the last two years, including a significant reduction in the general government deficit and a gradual decrease in the current account deficit, the Hungarian financial markets have come under severe stress from early October 2008. |
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(2) |
In October 2008 the Hungarian authorities adopted a comprehensive economic policy programme designed to restore investor confidence and to alleviate the stress experienced in the preceding weeks in the Hungarian financial markets. That programme includes measures to secure adequate liquidity and financing for the banking system, actions to ensure adequate capitalisation of banks, as well as plans to ensure fiscal sustainability and contain financing needs. In particular, the Hungarian Government revised its deficit target for 2008 to 3,4 % of GDP compared to a budgeted 4 % of GDP and for 2009 from 3,2 % of GDP to 2,6 % of GDP. This economic programme and in particular the fiscal targets will be reflected in the government’s budget as well as in the convergence programme which also contain other policy measures and structural reforms. |
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(3) |
The Council is reviewing on a regular basis the economic policies implemented by Hungary, in particular in the context of the annual reviews of Hungary’s update of the convergence programme and implementation of the National Reform Programme, the regular review of progress made by Hungary related to the Council recommendation on the Excessive Deficit Procedure, as well as in the context of the Convergence Report. |
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(4) |
Despite the expected improvement in the current account, Hungary faces substantial financing needs in 2008 and 2009 (estimated at around EUR 20 billion) as recent developments on the financial market suggest that the capital and financial account could substantially deteriorate, with the acceleration of net portfolio outflows. |
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(5) |
The Hungarian authorities have requested substantial financial assistance from the Community, international financial institutions and other countries to support balance of payments sustainability and to bring international currency reserves to a prudent level. |
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(6) |
There is a serious threat to the Hungarian balance of payments which justifies the urgent granting of mutual assistance by the Community, |
HAS ADOPTED THIS DECISION:
Sole Article
The Community shall grant mutual assistance to Hungary.
This Decision is addressed to the Member States. It shall be published in the Official Journal of the European Union.
Done at Brussels, 4 November 2008.
For the Council
The President
C. LAGARDE
Commission
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6.2.2009 |
EN |
Official Journal of the European Union |
L 37/8 |
COMMISSION DECISION
of 21 November 2008
on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Republic of Chile concerning amendments to Appendix V of the Agreement on Trade in Wines annexed to the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part
(2009/104/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Decision 2002/979/EC of 18 November 2002 on the signature and provisional application of certain provisions of an Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part (1), and in particular Article 5(1) thereof,
Whereas:
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(1) |
New oenological practices authorised in the Community were notified to the Republic of Chile on 11 October 2006 in accordance with Article 18 of the Agreement on Trade in Wines of the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part (hereinafter referred to as the Agreement on Trade in Wines). |
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(2) |
Taking account of the conclusions of the third EU-Chile Joint Committee of the Agreement on Trade in Wines that was held in Santiago de Chile on 10 January 2008, it is necessary to amend Appendix V of the Agreement on Trade in Wines in order to add new oenological practices authorised in the Community. |
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(3) |
The Community and the Republic of Chile have therefore negotiated, in accordance with Article 29(2) of the Agreement on Trade in Wines, an agreement in the form of an Exchange of Letters to amend its Appendix V. |
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(4) |
The Exchange of Letters should therefore be approved. |
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(5) |
The measures provided for in this Decision are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets, |
HAS DECIDED AS FOLLOWS:
Article 1
The Agreement in the form of an Exchange of Letters between the European Community and the Republic of Chile amending Appendix V of the Agreement on Trade in Wines annexed to the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, is hereby approved on behalf of the Community.
The text of the Agreement is attached to this Decision.
Article 2
The Commissioner of Agriculture and Rural Development is hereby authorised to sign the Exchange of Letters in order to bind the Community.
Done at Brussels, 21 November 2008.
For the Commission
Mariann FISCHER BOEL
Member of the Commission
(1) OJ L 352, 30.12.2002, p. 1.
AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS
between the European Community and the Republic of Chile concerning amendment of Appendix V to the Agreement on Trade in Wines of the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part
Brussels, 4 January 2009
Sir,
I have the honour to refer to Article 29(2) of the Agreement on Trade in Wines of the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, of 18 November 2002, which provides that the Contracting Parties may, by mutual consent, amend Appendices to this Agreement.
Due to the addition of new oenological practices or their modifications authorised in the Community, which were notified to your authorities on 11 October 2006, and in light of the conclusions of the third Joint Committee of the Agreement on Trade in Wines that took place in Santiago de Chile on 10 January 2008, it is necessary to amend point 2 of Appendix V (Oenological practices and processes and product specifications) to the Agreement on Trade in Wines.
I have therefore the honour to propose that point 2 of Appendix V to the Agreement on Trade in Wines be replaced by the text attached hereto, with effect as of the date of your reply confirming the agreement with the content of this letter.
I should be obliged if you would confirm that your Government is in agreement with the content of this letter.
Please accept, Sir, the assurance of my highest consideration.
On behalf of the European Community
Mariann FISCHER BOEL
Brussels, 8 January 2009
Madam,
I have the honour to acknowledge receipt of your letter of last 4 January which reads as follows:
‘I have the honour to refer to Article 29(2) of the Agreement on Trade in Wines of the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, of 18 November 2002, which provides that the Contracting Parties may, by mutual consent, amend Appendices to this Agreement.
Due to the addition of new oenological practices or their modifications authorised in the Community, which were notified to your authorities on 11 October 2006, and in light of the conclusions of the third Joint Committee of the Agreement on Trade in Wines that took place in Santiago de Chile on 10 January 2008, it is necessary to amend point 2 of Appendix V (Oenological practices and processes and product specifications) to the Agreement on Trade in Wines.
I have therefore the honour to propose that point 2 of Appendix V to the Agreement on Trade in Wines be replaced by the text attached hereto, with effect as of the date of your reply confirming the agreement with the content of this letter.
I should be obliged if you would confirm that your Government is in agreement with the content of this letter.’
I have the honour to inform you that the Republic of Chile is in agreement with the content of this letter.
Please accept, Madam, the assurance of my highest consideration.
On behalf of the Republic of Chile
Juan SALAZAR SPARKS
ANNEX
Point 2 of Appendix V to the Agreement on Trade in Wines is replaced as follows:
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‘2. |
List of oenological practices and processes authorised for wines originating in the Community, with the following restrictions or, in their absence, under the conditions laid down in Community rules:
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6.2.2009 |
EN |
Official Journal of the European Union |
L 37/s3 |
NOTE TO THE READER
The institutions have decided no longer to quote in their texts the last amendment to cited acts.
Unless otherwise indicated, references to acts in the texts published here are to the version of those acts currently in force.