Avis juridique important

|

31976H0609

76/609/EEC: Commission Recommendation of 30 June 1976 addressed to Ireland on a draft law amending and supplementing the 'Road Transport Act 1933' and the 'Road Transport Act 1971' including provisions relating to other problems connected with those covered by the above mentioned laws (Only the English text is authentic)

Official Journal L 196 , 22/07/1976 P. 0011 - 0012

COMMISSION RECOMMENDATION of 30 June 1976 addressed to Ireland on a draft law amending and supplementing the "Road Transport Act 1933" and the "Road Transport Act 1971" including provisions relating to other problems connected with those covered by the abovementioned laws (Only the English text is authentic) (76/609/EEC) Pursuant to Article 1 of the Council Decision of 21 March 1962 instituing a procedure for prior examination and consultation in respect of certain laws, regulations and administrative provisions concerning transport proposed in the Member States (1), as amended by the Council Decision of 22 November 1973 (2), the Irish Government, in a letter of 12 April 1976 from the Office of the Permanent Representative of Ireland to the European Communities forwarded to the Commission the text of a draft law amending and supplementing the "Road Transport Act 1933" and the "Road Transport Act 1971" including provisions relating to other problems connected with those dealt with in the abovementioned laws.  The letter from the Office of the Permanent Representative of Ireland was received by the Commission on 13 April 1976 and, pursuant to Article 1 of the abovementioned Council Decision, was communicated to the other Member States.  The Commission did not consider it necessary to convene a briefing session with representatives of the Irish Government or to consult the other Member States pursuant to Article 2 (3) of the Council Decision.  Pursuant to Article 2 (1) of the Decision referred to above, the Commission makes the following recommendation:    1. The Commission notes that the Irish Government intends to take an important step in liberalizing access to the national market for the carriage of goods by road for reward and stresses that, so far, no Community measure has been taken with the aim of establishing common rules to govern access to the national market for the carriage of goods by road.       2. However as regards the methods envisaged by the Irish Government, the Commission notes that Article 3 of the draft law aims chiefly to permit all road haulage operators holding a transport licence to operate as many vehicles as they wish under that single licence. The Commission accepts the aim pursued by the Irish Government by means of this provision.  But the Commission wishes to point out that the methods envisaged are likely to raise the following problems:      - carriers already established in the market will be in a preferential position compared with newcomers since the latter will be able to obtain a licence only if the Ministry is satisfied that existing transport services are inadequate or by the purchase of a licence on the open market from an already established carrier. It is therefore to be feared that the intended measure is likely to favour the creation of monopoly positions or of an oligopoly and hence is likely in the last analysis to give rise to the abuse of dominant positions, in the absence of proper mangement by the public authorities;           - in the absence of a monitoring mechanism for the transport market concerned, which would be capable of rapidly and effectively altering the competitive position (particularly the rates practised and the use of existing capacity), the planned system does not appear to be such as to ensure a satisfactory balance between supply and demand in transport ; this is particularly true where the granting of new licences to newcomers (where the transport supply situation is inadequate) and the slowing down, blocking or reducing of existing capacity (where there is excess capacity) is concerned;           - the argument that it is in the general interst does not seem to justify the opportunity offered to carriers already established in the market to sell those licences which will become superfluous as a result of the planned measures and, whilst agreeing with the Irish Government on the need to avoid any sudden alteration of the present position (in which the market value of a licence represents an important part of an undertaking's assets), the Commission feels that in the long run the aim should be to abolish this trade in licences which threatens to produce "monopoly rent" situations and level to an artificial increase in transport costs.              (1) OJ No 23, 3.4.1962, p. 720/62.  (2) OJ No L 347, 17.12.1973, p. 48.  The Commission feels that it would therefore be preferable to provide that licences which have become superfluous will be declared to have lapsed and that they should be returned to the competent authority for issuing to newcomers in the transport market.       3. The Commission also notes that the draft law maintains exemptions during a limited period, for the transport for reward of certain agricultural products and extends the exemption from the licensing system to all transport effected by means of vehicles whose total laden weight does not exceed 6 tons or whose maximum pay load is less than 3 75 tons (Article 2), but that, on the other hand, the Irish Government intends to subject all transport for reward effected within a certain radius of the principal seaports and exempted under the "Road Transport Act" of 1933 to the licensing system (see Article 6 of the draft law).  The Commission feels that, whilst carriers active in the said zones maintain their rights through the automatic granting of a licence to those who provide proof of the existence of their former undertaking, this is not the case for operators who wish to establish themselves in the market and who must then apply for a licence which will only be granted once it has been established that existing transport services are inadequate in the region concerned.  Although the Commission apprecaites the reasons for making the licensing system generally applicable, the justification for restricting access to the markets concerned to carriers other than those already established in the relvant areas is not clear.  The Commission considers that since this is a matter of traffic of an entirely local nature and since the aim is to ensure alignment with the principle of liberalization applied by the Irish Government, it would be better to maintain freedom of access to the market at those points where it has already been acquired and to ensure that the granting of transport licences in the areas concerned is not subject to any quantitative restrictions.       4. Finally, the Commission notes that the provisions Ireland plans to introduce in the field of road freight haulage are not likely to interfere with any specific provisions to be adopted at Community level in the near future and welcomes the intention of the Irish Government to extend the opportunities for access to the market. which are currently open to road haulage operators, without distinction as to nationality or country of origin. The Commission does, however, recommend the Government to take account of the suggestions made in points 2 and 3 above.       5. The Commission is communicating this recommendation to the other Member States.         Done at Brussels, 30 June 1976.  For the Commission  Carlo SCARASCIA MUGNOZZA  Vice-President


C 392/16         EN                Official Journal of the European Communities                            16.12.98
                                                         III
                                                       (Notices)
                                             COMMISSION
                    Commission Recommendation on banking charges for conversion to the euro
                                                    (98/C 392/10)
         A working document of Commission services concerning implementation of Commission
         Recommendation 98/286/ECØ(Î) on banking charges for conversion to the euro will be publicly
         available on the Internet from 10 December 1998, at http://europa.eu.int/comm/dg15 or on
         request to Directorate General XV at fax number (32-2) 295Ø07Ø50. The document will,
         initially, be available in English. Other language versions will be available shortly thereafter.
         (Î)ÙOJ L 130, 1.5.1998.


Avis juridique important

|

31979K2907

Recommendation No 2907/79/ECSC of 21 December 1979 to the Member States extending the Community system of monitoring imports into the Community of certain iron and steel products covered by the Treaty establishing the European Coal and Steel Community and originating in third countries

Official Journal L 326 , 22/12/1979 P. 0027 - 0027

****( 1 ) OJ NO L 231 , 13 . 9 . 1979 , P . 15 .  ( 2 ) THE IMPORT DOCUMENTS DELIVERED DURING NOVEMBER AND DECEMBER 1979 MAY CONTINUE TO BE USED IN ACCORDANCE WITH ARTICLE 1 ( 3 ) OF RECOMMENDATION NO 2002/79/ECSC FOR A PERIOD OF TWO MONTHS FROM THE DATE OF THEIR DELIVERY , EVEN IF THIS PERIOD ENDS IN 1980 .    RECOMMENDATION NO 2907/79/ECSC   OF 21 DECEMBER 1979   TO THE MEMBER STATES EXTENDING THE COMMUNITY SYSTEM OF MONITORING IMPORTS INTO THE COMMUNITY OF CERTAIN IRON AND STEEL PRODUCTS COVERED BY THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY AND ORIGINATING IN THIRD COUNTRIES   THE COMMISSION OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY , AND IN PARTICULAR ARTICLE 74 THEREOF ,   WHEREAS BY RECOMMENDATION NO 2002/79/ECSC ( 1 ) THE COMMISSION ESTABLISHED COMMUNITY MONITORING OF IMPORTS INTO THE COMMUNITY OF CERTAIN IRON AND STEEL PRODUCTS COVERED BY THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY ;   WHEREAS THE REASONS WHICH ORIGINALLY LED THE COMMISSION TO INTRODUCE THESE MEASURES , SO THAT THE NEED TO ENSURE FULLER INFORMATION ON BOTH EXPECTED IMPORTS AND THE TERMS UNDER WHICH THEY ARE MADE , CONTINUE TO APPLY ;   WHEREAS IT IS THEREFORE NECESSARY TO PROLONG THE MONITORING SYSTEM ,   HAS ADOPTED THIS RECOMMENDATION :   ARTICLE 1   RECOMMENDATION NO 2002/79/ECSC IS HEREBY EXTENDED TO 29 FEBRUARY 1980 ( 2 ).   ARTICLE 2   THIS RECOMMENDATION SHALL BE NOTIFIED TO THE MEMBER STATES AND PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .   IT SHALL ENTER INTO FORCE FOR EACH MEMBER STATE ON THE DATE OF ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .   DONE AT BRUSSELS , 21 DECEMBER 1979 .   FOR THE COMMISSION   WILHELM HAFERKAMP   VICE-PRESIDENT


Avis juridique important

|

31986H0093

86/93/EEC: Council recommendation of 10 March 1986 concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (1979) (Fifth EDF) for the financial year 1984

Official Journal L 080 , 25/03/1986 P. 0050 - 0050

*****COUNCIL  RECOMMENDATION  of 10 March 1986  concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (1979) (Fifth EDF) for the financial year 1984  (86/93/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 206b thereof,  Having regard to the Second ACP-EEC Convention, signed at Lomé on 31 October 1979,  Having regard to Council Decision 80/1186/EEC of 16 December 1980 on the association of the overseas countries and territories with the European Economic Community (1),  Having regard to the 1979 Internal Agreement on the financing and administration of Community aid (2), signed on 20 November 1979, and in particular Article 29 (3) thereof,  Having regard to the Financial Regulation of 17 March 1981 applicable to the Fifth European Development Fund (1), and in particular Articles 66 to 70 thereof,  Having examined the revenue and expenditure account and the balance sheet relating to the operations of the European Development Fund (1979) (Fifth EDF) as at 31 December 1984 and the Court of Auditors report relating to the financial year 1984 together with the Commission's replies (2).  Whereas, pursuant to Article 29 (3) of the Internal Agreement, the discharge for the management of the European Development Fund (1979) (Fifth EDF) must be given to the Commission by the European Parliament on a recommendation from the Council;  Whereas the overall implementation by the Commission of the operations of the European Development Fund (1979) (Fifth EDF) during the financial year 1984 has been satisfactory.  RECOMMENDS  that the European Parliament give the Commission a discharge in respect of the implementation of the operations of the European Development Fund (1979) (Fifth EDF) of the financial year 1984.  Done at Brussels, 10 March 1986.  For the Council  The President  H. RUDING  (1) OJ No L 361, 31. 12. 1980, p. 1.  (2) OJ No L 347, 22. 12. 1980, p. 210.  (1) OJ No L 101, 11. 4. 1981, p. 12.  (2) OJ No C 326, 16. 12. 1985, p. 107 and 208.


Avis juridique important

|

31974H0376

74/376/EEC: Commission Recommendation of 28 June 1974 to the Government of the Netherlands concerning 'various draft Articles implementing Regulations (EEC) No 517/72 and No 516/72', part of a more general amendment to the Decree implementing the Law of 1939 on the carriage of passengers by motor vehicle (Uitvoeringsbesluit Autovervoer Personen 1939)

Official Journal L 199 , 22/07/1974 P. 0010 - 0011

COMMISSION RECOMMENDATION  of 28 June 1974  to the Government of the Netherlands concerning "various draft Articles implementing Regulations (EEC) No 517/72 and No 516/72", part of a more general amendment to the Decree implementing the Law of 1939 on the carriage of passengers by motor vehicle (Uitvoeringsbesluit Autovervoer Personen 1939)  (74/376/EEC)    1. The Office of the Permanent Representative of the Netherlands wrote on 5 June 1973 to inform the Commission of a draft Decree amending the "Decree implementing the Law of 1939 on the carriage of passengers by motor vehicle" (Uitvoeringsbesluit Autovervoer Personen 1939).  This draft Decree was subsequently withdrawn by the Government of the Netherlands and replaced by a new draft, which was transmitted to the Commission by the Office of the Permanent Representative of the Netherlands on 16 October 1973.  This communication constitutes a consultation of the Commission within the meaning of Article 22 of Council Regulation (EEC) No 517/72 (1) of 28 February 1972 on the introduction of common rules for regular and special regular services by coach and bus between Member States and Article 24 of Council Regulation (EEC) No 516/72 (2) of 28 February 1972 on the introduction of common rules for shuttle services by coach and bus between Member States.  The Commission notes that the aim of the draft Decree is to bring the Decree implementing the Law of 1939 on the carriage of passengers by motor vehicle (Uitvoeringsbesluit Autovervoer Personen 1939) into line with the provisions of Council Regulations (EEC) No 517/72 and (EEC) No 516/72 and of Commission Regulation (EEC) No 1172/72.  For this purpose certain measures have been proposed to implement the above Community Regulations.       2. Before setting out the details of its recommendation, the Commission wishes to express its regret at the fact that the Government of the Netherlands has not observed the time limits for the introduction of implementing measures laid down in the Community Regulations referred to above. Under the terms of the relevant provisions in the above Regulations, these measures should have been adopted before 1 October 1972.       3. As regards the content of the Netherlands draft Decree, the Commission makes the following Recommendation:  It notes that:      - Article 13 (b) 1 repeats the provisions of Article 2 of Regulation (EEC) No 517/72,           - Article 13 (b) 7 those of Article 10 (1), subparagraph 2, of Regulation (EEC) No 517/72,           - Article 13 (c) those of Articles 2 and 10 (1), subparagraph 2, of Regulation (EEC) No 517/72,           - Article 13 (d) those of Article 2 of Regulation (EEC) No 516/72,           - Article 13 (h) 1 those of Article 17 (1) of Regulation (EEC) No 517/72,           - Article 13 (h) 2 those of Article 17 of Regulation (EEC) No 516/72.             Under Article 189 of the Treaty the provisions of these Regulations are directly applicable in Member States ; they have been in force since 1 January 1973. It is not therefore necessary to duplicate them in national legislation. Moreover, such duplication could raise doubts as to the entry into force or the direct applicability of Community Regulations as such and might result in these Regulations being given different interpretations in different Member States. Any repetition, even partial, of the provisions of a Community Regulation in national legislation could be permitted, if at all, only if it were necessary in order to render those provisions intelligible to those they concerned.  Consequently, the Commission recommends that the Government of the Netherlands omit from Article 13 of the draft Decree those measures which:      - make regular services subject to an authorization,           - lay down the obligations of the carrier towards the public and the passengers concerned where he intends to withdraw a regular service,           - make special regular services subject to an authorization and lay down the obligations of the carrier towards the public and the passengers concerned where he intends to withdraw a special regular service,           - make shuttle services subject to an authorization,           - specify the documents to be carried on board vehicles providing a regular service,  (1)OJ No L 67, 20.3.1972, p. 19. (2)OJ No L 67, 20.3.1972, p. 13.            - specify the documents to be carried on board vehicles carrying out a shuttle service,             since all these obligations and measures are already provided for in the Community Regulations concerned.       4. The Commission observes that following the removal of the abovementioned provisions the draft Decree includes no provisions on the specific penalties applicable in case of breaches of Regulations (EEC) No 517/72 and (EEC) No 516/72.  Consequently, the Commission recommends that the Government of the Netherlands rectify this omission in its implementation of the provisions of Articles 22 and 24 respectively of the above Regulations.       5. Article 13 (b) 5 covers the case of transfer of the authorization of a regular service but makes no mention of the transfer of the regular service itself. The Commission considers that the fact that a regular service may not be transferred because there is no provision for this in the legislation of the Netherlands should be explicitly specified in the implementing provisions.  Consequently, the Commission recommends that the Government of the Netherlands specify in the implementing measures that a regular service may not be transferred.       6. The Commission notes that the other provisions proposed in the draft Royal Decree fulfil the obligations of Member States under the Community Regulations concerned.  Done at Brussels, 28 June 1974.  For the Commission  The President  François-Xavier ORTOLI


title: Commission Recommendation of 2 June 2010 on the monitoring of acrylamide levels in food  (Text with EEA relevance)

text:
               3.6.2010

               EN

               Official Journal of the European Union

               L 137/4

         COMMISSION RECOMMENDATION
   of 2 June 2010
   on the monitoring of acrylamide levels in food
   (Text with EEA relevance)
   (2010/307/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 292 thereof,
   Whereas:

               (1)

               Commission Recommendation 2007/331/EC of 3 May 2007 on the monitoring of acrylamide levels in food (1) sets out a three year monitoring programme (2007-2009) for acrylamide in certain foodstuffs.

               (2)

               The results for 2007 have been compiled by the European Food Safety Authority (hereinafter the ‘EFSA’) in the Scientific Report on ‘Results on the monitoring of acrylamide levels in food’ (2), issued on 30 April 2009. The report also includes acrylamide results for 2003-2006 collected from the Member States and compiled by the Commission’s Joint Research Centre’s Institute for Reference Materials and Measurements. The results for the years 2008 and 2009 are not yet available. Once they will be available, the Scientific Report will be updated.

               (3)

               The Confederation of the Food and Drink Industry (CIAA) developed a ‘toolbox’ containing tools that can be used selectively by food producers in line with their particular needs to lower acrylamide levels in their products.

               (4)

               The EFSA report of 30 April 2009 concluded that there was no consistent trend across food groups towards lower levels of acrylamide and that it was not clear at that stage if the acrylamide toolbox had achieved its desired effects.

               (5)

               Efforts by food industry and Member States to investigate pathways of formation and ways to reduce acrylamide levels in foodstuffs are ongoing. In order to be able to monitor the impact of those efforts, it is appropriate to continue the collection of data.

               (6)

               Experience in the application of Recommendation 2007/331/EC has shown that the monitoring programme needs some adaptations, e.g. as regards the classification of foodstuffs.

               (7)

               It is important that the monitoring results are reported once a year to the EFSA which will ensure the compilation of those data into a database.

               (8)

               This recommendation should not be limited in time, but the need for monitoring should be assessed on a regular basis,

         HAS ADOPTED THIS RECOMMENDATION:

               1.

               Member States should perform, in accordance with the Annex to this Recommendation, the monitoring of acrylamide levels in the foodstuffs referred to in that Annex.

               2.

               Member States should provide to the EFSA by 1 June of each year and for the first time by 1 June 2011 the data for the previous year in the format as set out by EFSA for compilation into one database.

               3.

               In order to ensure that the samples are representative for the sampled lot, Member States should follow the sampling procedures laid down in part B of the Annex to Commission Regulation (EC) No 333/2007 of 28 March 2007 laying down the methods of sampling and analysis for the official control of the levels of lead, cadmium, mercury, inorganic tin, 3-MCPD and benzo(a)pyrene in foodstuffs (3).

               4.

               Member States should carry out the analysis of acrylamide in accordance with the criteria laid down in points 1 and 2 of Annex III to Regulation (EC) No 882/2004 of the European Parliament and the Council of 29 April 2004 on official controls to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (4).

      Done at Brussels, 2 June 2010.

            For the Commission

         John DALLI

            Member of the Commission

      (1)  OJ L 123, 12.5.2007, p. 33.

      (2)  EFSA Scientific Report (2009) 285.

      (3)  OJ L 88, 29.3.2007, p. 29.

      (4)  OJ L 165, 30.4.2004, p. 1.

      ANNEX
      A.   Sampling points and procedure

                  1.

                  The sampling of the products should be carried out at market level (e.g. at supermarkets, smaller shops, bakeries, French fries outlets and restaurants), where there is a good traceability, or at production sites. Products with origin in one of the Member States should be sampled wherever possible (1).

                  2.

                  Sampling and analysis should be carried out before the expiry date of the sample.

            B.   Products, sample numbers and frequencies, analytical requirements

                  1.

                  The table below gives an overview on the recommended minimum number of samples to analyse annually for each product category. Member States are invited to take more samples when possible. The distribution of samples per Member State is based on population figures with a minimum sample number of 4 per product category and Member State.

                  2.

                  The sample numbers refer to the minimum number of samples to be taken annually. Where specific conditions apply (e.g. sampling twice yearly) this is specified in Section C.

                  3.

                  Since each product category comprises a wide variety of products with different specifications, additional information should be provided for each of the products sampled (as specified in Section C). In order to see time trends it is important that products with the same specifications (e.g. same type of bread) are sampled every year where possible.

                  4.

                  If in products with the same specification results below the limit of quantification (LOQ) are obtained repeatedly, the product may be exchanged with another product provided that it falls in the same product category and a description of the product is given.

                  5.

                  To ensure comparability of analytical results methods should be chosen that can achieve an LOQ of 30 μg/kg (most intense ion/ion transition) for bread and foods for infants and young children and 50 μg/kg for potato products, other cereal products, coffee and other products. Results should be reported corrected for recovery.

         Minimum Sample numbers per product category

                  Country of sale

                  French fries sold as ready to eat

                  Potato crisps

                  Pre-cooked French fries/potato products for home cooking

                  Soft bread

                  Breakfast cereals

                  Biscuits, crackers, crisp bread and similar

                  Coffee and coffee substitutes

                  Baby foods (other than processed cereal based)

                  Processed cereal based foods for infants and young children

                  Other products

                  Total

                  (0)

                  (1)

                  (2)

                  (3)

                  (4)

                  (5)

                  (6)

                  (7)

                  (8)

                  (9)

                  (10)

                  (11)

                  AT

                  4

                  4

                  4

                  4

                  4

                  4

                  4

                  4

                  4

                  8

                  44

                  BE

                  4

                  4

                  4

                  4

                  4

                  4

                  4

                  4

                  4

                  8

                  44

                  CY

                  4

                  4

                  4

                  4

                  4

                  4

                  4

                  4

                  4

                  4

                  40

                  CZ

                  4

                  4

                  4

                  4

                  4

                  4

                  4

                  4

                  4

                  8

                  44

                  DE

                  24

                  24

                  24

                  24

                  24

                  24

                  24

                  24

                  24

                  14

                  230

                  DK

                  4

                  4

                  4

                  4

                  4

                  4

                  4

                  4

                  4

                  8

                  44

                  ES

                  14

                  14

                  14

                  14

                  14

                  14

                  14

                  14

                  14

                  14

                  140

                  EE

                  4

                  4

                  4

                  4

                  4

                  4

                  4

                  4

                  4

                  4

                  40

                  EL

                  4

                  4

                  4

                  4

                  4

                  4

                  4

                  4

                  4

                  8

                  44

                  FR

                  20

                  20

                  20

                  20

                  20

                  20

                  20

                  20

                  20

                  14

                  194

                  FI

                  4

                  4

                  4

                  4

                  4

                  4

                  4

                  4

                  4

                  8

                  44

                  HU

                  4

                  4

                  4

                  4

                  4

                  4

                  4

                  4

                  4

                  8

                  44

                  IT

                  20

                  20

                  20

                  20

                  20

                  20

                  20

                  20

                  20

                  14

                  194

                  IE

                  4

                  4

                  4

                  4

                  4

                  4

                  4

                  4

                  4

                  8

                  44

                  LU

                  4

                  4

                  4

                  4

                  4

                  4

                  4

                  4

                  4

                  4

                  40

                  LT

                  4

                  4

                  4

                  4

                  4

                  4

                  4

                  4

                  4

                  4

                  40

                  LV

                  4

                  4

                  4

                  4

                  4

                  4

                  4

                  4

                  4

                  4

                  40

                  MT

                  4

                  4

                  4

                  4

                  4

                  4

                  4

                  4

                  4

                  4

                  40

                  NL

                  6

                  6

                  6

                  6

                  6

                  6

                  6

                  6

                  6

                  8

                  62

                  PT

                  4

                  4

                  4

                  4

                  4

                  4

                  4

                  4

                  4

                  8

                  44

                  PL

                  14

                  14

                  14

                  14

                  14

                  14

                  14

                  14

                  14

                  14

                  140

                  SE

                  4

                  4

                  4

                  4

                  4

                  4

                  4

                  4

                  4

                  8

                  44

                  SI

                  4

                  4

                  4

                  4

                  4

                  4

                  4

                  4

                  4

                  4

                  40

                  SK

                  4

                  4

                  4

                  4

                  4

                  4

                  4

                  4

                  4

                  8

                  44

                  UK

                  20

                  20

                  20

                  20

                  20

                  20

                  20

                  20

                  20

                  14

                  194

                  BG

                  4

                  4

                  4

                  4

                  4

                  4

                  4

                  4

                  4

                  8

                  44

                  RO

                  8

                  8

                  8

                  8

                  8

                  8

                  8

                  8

                  8

                  8

                  80

                  Total

                  202

                  202

                  202

                  202

                  202

                  202

                  202

                  202

                  202

                  224

                  2 042

            C.   Minimum additional information to be provided for each product

      The minimum additional information which should be provided for each product sampled is specified in points 1 to 10. Member States are invited to provide more detailed information.
      1.   French fries, sold as ready-to-eat, comprising the following subcategories:

                  1.1.

                     French fries from fresh potatoes

                  1.2.

                     French fries from potato dough

            Ready-to-eat products should be sampled at small outlets, fast food chains and restaurants. Sampling should take place twice a year in March and November (2), resulting in the total number of samples specified in the table.
      Specific information to be provided:

                  —

                  starting material fresh potatoes (subcategory 1.1) or pre-fabricates (potato dough) (subcategory 1.2),

                  —

                  addition of other ingredients.

            2.   Potato crisps, comprising the following subcategories:

                  2.1.

                     Potato crisps from fresh potatoes

                  2.2.

                     Potato crisps from potato dough (formed crisps, stacked crisps)

            Sampling should take place twice a year in March and November (2), resulting in the total number of samples specified in the table.
      Specific information to be provided:

                  —

                  starting material fresh potatoes (subcategory 2.1) or pre-fabricates (potato dough) (subcategory 2.2),

                  —

                  frying process: batch fried or continuously fried,

                  —

                  addition of other ingredients, flavours or additives.

            3.   Pre-cooked French fries/potato products for home cooking, comprising the following subcategories:

                  3.1.

                     Fries baked in the oven (oven fries)

                  3.2.

                     Deep fried fries

            The category includes products sold fresh or frozen. Sampling should take place twice a year in March and November (2), resulting in the total number of samples specified in the table.
      Analysis of each sample should be carried out on the product after preparation (e.g. frying, baking, etc.). The preparation should take place in the laboratory according to the instructions on the label.
      Specific information to be provided:

                  —

                  subcategory to which the product belongs (as mentioned above),

                  —

                  starting material fresh potatoes or pre-fabricates (potato dough),

                  —

                  product sold fresh or frozen,

                  —

                  conditions used for preparation according to the label,

                  —

                  addition of other ingredients.

            4.   Soft bread

      Specific information to be provided:

                  —

                     type of soft bread, e.g. wheat, rye, multigrain bread, bread with other ingredients, etc.

            The choice of the type of bread to be sampled should reflect the dietary habits of the Member State concerned.
      5.   Breakfast cereals (excluding muesli and porridge)

      Specific information to be provided:

                  —

                  type of grain,

                  —

                  other ingredients (e.g. sugar, nuts, honey, chocolate).

            If muesli and porridge have been analysed, they should be reported under group 10 ‘Other products’.
      6.   Biscuits, crackers, crisp bread and similar (excluding pastry and cake), comprising the following subcategories:

                  6.1.

                     Crackers (e.g. cream crackers, soda crackers, snack crackers)

                  6.2.

                     Crisp bread (fermented/non-fermented)

                  6.3.

                     Wafers (e.g. for ice cream)

                  6.4.

                     Ginger bread

                  6.5.

                     Other (specify)

            Specific information to be provided:

                  —

                  subcategory to which the product belongs (as mentioned above).

            The choice of the products to be sampled should reflect the dietary habits of the Member State concerned.
      7.   Coffee and coffee substitutes, comprising the following subcategories:

                  7.1.

                     Roast coffee

                  7.2.

                     Instant (soluble) coffee

                  7.3.

                     Coffee substitutes

            Specific information to be provided:

                  —

                  subcategory to which the product belongs (as mentioned above),

                  —

                  for roast coffee the degree of roasting, (e.g. medium, dark), type of beans if available, information whether the product is sold as ground coffee or as beans, decaffeinated/not decaffeinated,

                  —

                  for instant (soluble) coffee: decaffeinated/not decaffeinated,

                  —

                  for coffee substitutes: the starting material (e.g. barley, rye, chicory).

            Samples of coffee and coffee substitutes should be analysed as sold to ensure comparability of data.
      If feasible, in a second step, the beverage may be analysed as prepared for consumption. The conditions of preparation (as indicated on the label) should be specified (e.g. amount coffee, amount of water used, details of equipment used, brewing temperature, etc.). If limited analytical capacity is available, the analysis of the sample as sold should be given priority.
      8.   Baby foods, other than processed cereal based foods
          (3)

      Foods containing potatoes, root vegetables or cereals as main ingredients (except products falling under the category processed cereal based foods), should be targeted.
      Specific information to be provided:

                  —

                  main ingredients.

            9.   Processed cereal based foods for infants and young children
          (4), comprising the following subcategories:

                  9.1.

                     Biscuits and rusks for infants and young children

                  9.2.

                     Other processed cereal based foods for infants and young children

            The samples should be analysed as sold to ensure comparability of data.
      Specific information to be provided:

                  —

                  subcategory to which the product belongs (as mentioned above),

                  —

                  description of the product,

                  —

                  type of grains, other ingredients.

            10.   Other products

      This category includes potato products, cereal products, cocoa products other than those products specified in one of the categories above (e.g. potato rösti, cereal based savoury snacks (e.g. corn curls, tortilla chips, popcorn), muesli, porridge, pastry and cake, etc.).
      The choice of the products to be sampled should reflect the dietary habits of the Member State concerned.
      The products may need to be analysed after cooking according to the label. If so, the conditions used should be specified.
      Specific information to be provided:

                  —

                  product name and detailed product description (e.g. major ingredients),

                  —

                  conditions used for preparation according to the label.

         (1)  In exceptional cases a specific product may only be on the market as imported from a third country. In such cases samples of the imported product can be taken.

         (2)  In case the foodstuff is produced from potato pre-fabricates sampling twice a year is not necessary.

         (3)  As defined in Article 1(2)(b) of Commission Directive 2006/125/EC of 5 December 2006 on processed cereal-based foods and baby foods for infants and young children (OJ L 339, 6.12.2006, p. 16).

         (4)  As defined in Article 1(2)(a) of Directive 2006/125/EC.


Avis juridique important

|

52002SC0223

Recommendation for a Council Decision on the designation of the European Capital of Culture 2005  /* SEC/2002/0223 final */

Recommendation for a COUNCIL DECISION On the designation of the European Capital of Culture 2005(presented by the Commission)EXPLANATORY MEMORANDUMDecision no 1419/1999/EC of the European Parliament and the Council of 25 May 1999 establishing a Community action for the European Capital of Culture event for the years 2005 to 2019 lays down the procedure of designation of the European Capital of Cultural from 2005 and onwards. The decision is now being applied for the first time to designate a European Capital of Culture in Ireland in 2005. For each of the years 2005 to 2019, one of the Member States, following the order set in the annex I of decision 1419, has the possibility of nominating candidate(s) for the European Capital of Culture event. According to Article 2 of the decision 1419, the procedure follows these steps:1) The Member State in question notifies the European Parliament, the Council, the Commission, and the Committee of Regions of their nomination(s) at least four years before the event2) A selection panel composed of independent experts submits a report on the nominations to the European Parliament, the Council and the Commission judged against the criteria for the action3) After the receipt of the report, the European Parliament may give an opinion on the nomination(s) within a deadline of three months4) The Commission presents a recommendation to the Council. The recommendation takes the report of the selection panel and the opinion of the European Parliament into consideration.5) The Council officially designates the European Capital of CultureAs foreseen, Ireland notified the European institutions by the end of 2000 of their nomination of four Irish cities: Cork, Galway, Limerick and Waterford. The selection panel submitted its evaluation report in September 2001. The European Parliament presented their opinion on 11 December 2001.In the conclusion of their report, the selection panel supports the designation of Cork. At the same time, the panel expresses concern about certain aspects of Cork's proposal. The report underlines that Cork has to develop further certain parts of their action in order to fulfil the criteria as set in the decision 1419/1999, article 1 and annex II. In particular, the panel stresses that certain improvements are necessary in order to achieve an event of European scale. Furthermore, the panel points out that certain actions need to be reconsidered, and suggests that Cork, if designated, is requested to submit a progress report including details of how the city is addressing the concerns of the panel.The opinion of the European Parliament also supports the designation of Cork as the European Capital of Culture 2005. Furthermore, the European Parliament in their opinion also underlines that appropriate steps must be taken to enhance the European dimension of the event. The European Parliament proposes that a dialogue be initiated with the organising authorities in charge of the event in order to ensure that real European added value is achieved.The Commission is of the opinion that in order to strengthen the European importance of the event these remarks are to be taken seriously. The Commission therefore intends to organise with the authorities of Cork a hearing, in which the Council and the European Parliament take part.Furthermore, the European Parliament calls upon the Commission to implement Article 6 second paragraph with regard to the modification made necessary by the future enlargement.Recommendation for a COUNCIL DECISION On the designation of the European Capital of Culture 2005THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to the decision no 1419/1999/EC of the European Parliament and the Council of 25 May 1999 establishing a Community action for the European Capital of Culture event for the years 2005 to 2019 [1],[1]  OJ L 166 of 1.7.1999, p. 1.Having regard to the Selection Panel report received by the European Parliament, the Council and the Commission 28 September 2001,Having regard to the opinion of the European Parliament of 11 December 2001,Whereas the city designated should take the necessary measures in order to ensure the effective implementation of Articles 1 and 5 of Decision 1419/1999/EC,HAS DECIDED AS FOLLOWS:Article 1The City of Cork is designated as the European Capital of Culture 2005.Article 2The City of Cork shall take all necessary measures to ensure the effective implementation of Articles 1 and 5 of Decision 1419/1999/CE.Done at Brussels,For the CouncilThe President


Avis juridique important

|

51998HB0011

Recommendation of the European Central Bank for a Council Regulation (EC) concerning the limits and conditions for capital increases of the European Central Bank (ECB/1998/11)

Official Journal C 411 , 31/12/1998 P. 0010 - 0010

RECOMMENDATION OF THE EUROPEAN CENTRAL BANK for a Council Regulation (EC) concerning the limits and conditions for capital increases of the European Central Bank (ECB/1998/11) (98/C 411/07)(Submitted by the European Central Bank on 3 November 1998)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Statute of the European System of Central Banks and of the European Central Bank (hereinafter referred to as the 'Statute`) and in particular to Article 28.1 thereof,Having regard to the recommendation made by the European Central Bank (ECB),Having regard to the opinion of the European Parliament,Having regard to the opinion of the Commission of the European Communities,Acting in accordance with the procedure foreseen in Article 106(6) of the Treaty establishing the European Community (hereinafter referred to as the 'Treaty`) and in Article 42 of the Statute,Whereas Articles 28.1 and 28.2 of the Statute require that the ECB be provided by the national central banks with capital of 5 000 million euro, which shall become operational upon the establishment of the ECB; whereas Article 28.1 of the Statute requires the Council to specify the limits and conditions under which increases in the capital of the ECB beyond the limit set in that Article may be effected by the ECB,HAS ADOPTED THIS REGULATION:Article 1 Increases in the capital of the ECBThe Governing Council of the ECB may increase the capital of the ECB beyond the amount specified in the first sentence of Article 28.1 of the Statute by an additional amount of up to 5 000 million euro.Article 2 Final provisionThis Regulation shall enter into force on 1 January 1999.This Regulation shall be binding in its entirety and directly applicable in all Member States.


Avis juridique important

|

31977H0607

77/607/EEC: Commission Recommendation of 19 September 1977 to the United Kingdom Government regarding the draft Regulations implementing, in Northern Ireland, Council Directive 74/561/EEC of 12 November 1974 on admission to the occupation of road haulage operator in national and international transport operations and Council Directive 74/562/EEC of 12 November 1974 on admission to the occupation of road passenger transport operator in national and international operations

Official Journal L 248 , 29/09/1977 P. 0025 - 0026

COMMISSION RECOMMENDATION of 19 September 1977 to the United Kingdom Government regarding the draft Regulations implementing, in Northern Ireland, Council Directive 74/561/EEC of 12 November 1974 on admission to the occupation of road haulage operator in national and international transport operations and Council Directive 74/562/EEC of 12 November 1974 on admission to the occupation of road passenger transport operator in national and international transport operations (77/607/EEC) By letter dated 18 April 1977, the Permanent Representation of the United Kingdom to the European Communities sent to the Commission, for consultation purposes, the text of draft Regulations implementing, in Northern Ireland, Council Directives 74/561/EEC and 74/562/EEC of 12 November 1974 on admission to the occupation of road haulage operator and road passenger transport operator respectively in national and international transport operations.  This communication was sent pursuant to Articles 7 (1) and 6 (1) respectively of the Directives, which provide that Member States shall, after consulting the Commission and before 1 January 1977, adopt the measures necessary for the implementation of the Directives, and in particular Articles 3 (4) and 2 (4) respectively.  The Commission regrets that the United Kingdom Government, by failing to inform it of the implementing measures in good time, has thereby failed to fulfil the obligations incumbent upon it under Articles 7 and 6 respectively of the two Directives, and has made it impossible for the Commission to issue this recommendation by the requisite date.  The Commission hereby issues the following recommendation in respect of the draft Regulations referred to above:    1. The Commission notes that for admission to the occupations both of road haulage operator and of road passenger transport operator, the draft United Kingdom Regulations for Northern Ireland satisfy the provisions of the two Directives on the following points:      (a) the principle, definition and implementation of the conditions regarding good repute, financial standing and professional competence (Articles 3 and 2 respectively of the Directives);           (b) the temporary operation of an undertaking under the circumstances and conditions laid down in Articles 4 (1) and 3 (1) respectively of the Directives;           (c) the implementation of Articles 6 (2) and (3) and 5 (2) and (3) respectively of the Directives concerning the withdrawal of authorizations and the channels of appeal.                  2. As regards the carriage of passengers by road and, in particular, the exemption of certain categories from the scope of the Directive, the Commission draws the attention of the United Kingdom Government to Article 1 (3) of Directive 74/562/EEC, which makes such exemptions subject to the following conditions, namely, that they are granted only to natural persons or undertaking:   (i) engaged exclusively in road passenger transport services for non-commercial purposes, or   (ii) having a main occupation other than that of road passenger transport operator, and   (iii) in so far as their transport operations have only a minor impact on the transport market.  The Commission therefore advises the United Kingdom Government to expand Section 3 (3) of the draft Regulations to ensure that the requirements of Article 1 (3) of the Directive, particularly the last one, are fully met.       3. As regards the determination of the natural persons who must, in each case, meet the conditions of admission to the occupation set out in Articles 3 (1) and 2 (1) respectively of the two Directives, the Commission draws the attention of the United Kingdom Government to the definition of an "undertaking" contained in Article 1 (2) of both Directives. Undertakings are defined there as any association or group of persons with or without legal personality. Two or more individuals trading in partnership, as referred to in Section 5 (6) (new Section 46A) of the draft Regulations, must therefore be regarded as forming an undertaking.  It is therefore not enough, as Section 5 (6) states, to take it that if one of the partners is professionally competent then the holder of the authorization will be regarded as meeting this condition. On the contrary, the third subparagraph of Article 3 (1) and the third subparagraph of Article 2 (1) respectively of the two Directives provide that one of the natural persons who will continuously and effectively manage the transport operations of the undertaking must satisfy the conditions of good repute and professional competence.  Consequently, the Commission recommends that the United Kingdom Government amends Section 5 (6) (new Section 46A) of the draft Regulations to ensure that the requirements of the third subparagraphs of Articles 3 (1) and 2 (1) respectively of the two Directives are satisfied.       4. The Commission also notes that Section 5 (4), (a), (b) and (e) and 5 (5) (a), (b) and (e) of the draft Regulations do not fully reflect the corresponding provisions of the Directives on transitional measures (Articles 5 and 4 respectively).  First, the Commission draws the attention of the United Kingdom Government to the first paragraph of Articles 5 and 4 respectively of the Directives, which provides that natural persons and undertakings furnishing proof that, before 1 January 1978, they were authorized under national regulations in a Member State to engage in the occupation of road haulage operator/road passenger transport operator in national and/or international transport operations shall be exempt from the requirement to furnish proof that they satisfy the provisions laid down in Articles 3 and 2 respectively of the two Directives. This dispensation, then, covers not only professional competence but also good repute and financial standing.  The Commission therefore advises the United Kingdom Government to supplement its draft Regulations accordingly.  Secondly, natural persons who meet one or other of the conditions laid down in Articles 5 (2) and 4 (2) respectively of the two Directives must satisfy the condition of professional competence before 1 January 1980. They can do so, however, only under the system of determining professional competence in force in the United Kingdom, i.e. by holding a certificate issued by the competent authority confirming that the applicant has a sound knowledge of the subjects listed in the Annexes to the two Directives, or any other certificate, diploma or qualification recognized by the Department (Section 5 (4) (c) and (d) and 5 (5) (c) and (d) of the draft Regulations, or by complying with the conditions of professional experience defined in Section 5 (4) (e) and (5) (e) of the draft Regulations.  The Commission therefore advises the United Kingdom Government to comply with the provisions of the Directives which state that only natural persons who, after 31 December 1974 and before 1 January 1978, have been authorized to engage in the occupation of transport operator or designated to manage an undertaking in accordance with Articles 5 (2) and 4 (2) of the Directives respectively will be given a further two years to fulfil the conditions of professional competence laid down in each Member State.       5. Finally, the Commission advises the United Kingdom Government to add a provision to its draft Regulations requiring that grounds be given for decisions rejecting an application for admission to the profession, as laid down in Articles 6 (1) and 5 (1) respectively of the Directives, unless this is already stipulated by statutory provisions in force.  Done at Brussels, 19 September 1977.  For the Commission  Richard BURKE  Member of the Commission


Avis juridique important

|

31979H0487

79/487/EEC: Council Recommendation of 15 May 1979 on the ratification of the International Convention for Safe Containers (CSC)

Official Journal L 125 , 22/05/1979 P. 0018 - 0018 Spanish special edition: Chapter 07 Volume 2 P. 0187  Portuguese special edition Chapter 07 Volume 2 P. 0187

COUNCIL RECOMMENDATION  of 15 May 1979  on the ratification of the International Convention for Safe Containers (CSC)  (79/487/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 75 and 84 (2) thereof,  Having regard to the draft from the Commission,  Having regard to the opinion of the European Parliament (1),  Having regard to the opinion of the Economic and Social Committee (2),  Whereas an International Convention for Safe Containers (CSC), prepared within the framework of the United Nations Inter-Governmental Maritime Consultative Organization (IMCO), entered into force on 6 September 1977 and is open for ratification or accession by States, including the Member States of the Community;  Whereas it is in the interest of the Community that all the Member States should ratify this Convention,    HEREBY RECOMMENDS THAT MEMBER STATES:    - ratify the International Convention for Safe Containers, or accede thereto before 1 July 1980, where they have not already done so,       - inform the Secretary-General of the Inter-Governmental Maritime Consultative Organization in writing that their ratification or accession has had regard to this recommendation.           Done at Brussels, 15 May 1979.  For the Council  The President  R. BOULIN  (1)OJ No C 93, 9.4.1979, p. 82. (2)Opinion delivered on 4 and 5 April 1979 (not yet published in the Official Journal).


title: Commission recommendation No 112/78/ECSC of 18 January 1978 imposing a provisional anti-dumping duty on imports of iron or steel coils for re-rolling, originating in Czechoslovakia and South Korea

text:
21 . 1 . 78                         Official Journal of the European Communities                              No L 17/27
                            COMMISSION RECOMMENDATION No 112/78 / ECSC
                                                     of 18 January 1978
               imposing a provisional anti-dumping duty on imports of iron or steel coils for
                          re-rolling, originating in Czechoslovakia and South Korea
THE COMMISSION OF THE EUROPEAN                                   Community of the products increased globally from
COMMUNITIES,                                                     1 012 000 tonnes in 1974 to 1 015 000 tonnes in the
                                                                 first six months of 1977, imports originating in
Having regard to the Treaty establishing the European            Czechoslovakia and South Korea having risen from
                                                                 92 000 tonnes in 1974 to 92 000 tonnes in the first six
Coal and Steel Community, and in particular Articles
74 and 86 thereof,                                               months of 1977, and that, as a result, they have been
                                                                 able to acquire a market share of more than 16 % in
                                                                 total in the Community and nearly 3 % for imports
Having regard to recommendation 77/329/ECSC on                   originating in Czechosloavkia and South Korea in the
protection against dumping or the granting of boun              market most concerned, that is the United Kingdom,
ties or subsidies by countries which are not members             and that, on the other hand, the Community steel
of the European Coal and Steel Community ('), as                 industry is in a crisis situation characterized by a
amended by recommendation No 3004/77/ECSC (2),                   reduction in the number employed from approxi
and in particular Articles 15 and 19 thereof,                    mately 780 000 to 720 000 between 1974 and 1977 by
                                                                 short time working and that, as a result, the Commu
After having heard the opinions expressed within the             nity steel industry recorded serious losses in most of
Advisory Committee provided for by recommendation                the firms concerned :
77/329/ ECSC,
Whereas the Commission has received a complaint,                 Whereas, in order to remedy this situation, the
submitted in the name of the relevant Community                  Commission has introduced, in particular, a system of
industry, setting out evidence as to the existence of            minimum prices (4) for sales within the Community
dumping of iron or steel coils for re-rolling, origi            of certain steel products produced by the European
nating in Czechoslovakia, South Korea and certain                steel industry ;
other countries and material injury resulting there
from ;
                                                                 Whereas, the import prices into the Community of.
Whereas the Commission has published basis                       products originating in Czechoslovakia and South
prices (3) based on the lowest normal prices or costs of         Korea are considerably lower than these minimum
production in the supplying countries where normal               prices and that such undercutting jeopardizes the
conditions of competition prevail, including the costs           equilibrium of the entire pricing system and causes or
of transport, insurance and customs duties ;                     threatens to cause material injury to the Community
                                                                 industry or to a major part of it ;
Whereas the prices of imports into the Community of
the products which are the subject of the complaint
have been compared with these basis prices ;                     Whereas immediate action has been requested by two
                                                                 Member States ;
Whereas a preliminary examination of the matter
based on this comparison shows that these products,
originating in Czechoslovakia and South Korea, are               Whereas, in the serious conditions being experienced
offered for import within the Community (the British             by the Community steel industry, the interests of the
and French markets) at prices lower than the basis               Community require immediate action ;
prices and that dumping has taken place, the margin
of which is constituted by this undercutting ;
                                                                 Whereas it is for the Commission, without prejudice
Whereas, with regard to injury to the industry                   to the results of the investigation opened in accor
concerned, the evidence submitted to the Commis                 dance with Article 1 1 of recommendation 77/329/
sion shows that, on the one hand, imports into the               ECSC, to decide promptly to apply provisional
                                                                 measures consisting of the imposition of a provisional
(') OJ No L 114, 5. 5. 1977, p. 6 .
(2) OJ No L 352, 31 . 12. 1977, p. 13.                           anti-dumping duty on imports of the products
(3) cf. Communication from the Commission of 31
    December 1977 concerning the basis prices of certain         (4) OJ No L 114, 5. 5 . 1977, p. 1 and OJ No L 352, 31 . 12.
    steel products (OJ No L 353, 31 . 12. 1977, p. 1 ).              1977, p . 1 .
 ---pagebreak--- No L 17/28                         Official Journal of the European Communities                              21 . 1 . 78
concerned originating in Czechoslovakia and South             tional upon the deposit of a security for the amount of
Korea, the rate of which corresponds to the difference        the provisional duty.
between the basis price published by the Commission
for this product and its price on importation into the
Community,                                                                            Article 3
                                                             This recommendation shall be notified to the Govern
MAKES THE FOLLOWING RECOMMENDATION :
                                                              ments of the Member States and published in the Offi
                       Article 1
                                                              cial Journal of the European Communities.
1 . A provisional anti-dumping duty is hereby                 It shall enter into force for each Member State on the
imposed on the following products originating in              date of its publication in the Official Journal of the
Czechoslovakia and South Korea :                              European Communities.
— Iron or steel coils for re-rolling,
                                                             Without prejudice to the provisions of Article 18 of
— Common Customs Tariff heading No 73.08,                     recommendation 77/329/ECSC, it shall apply until
— NIMEXE codes 73.08-01 to 73.08-49 .
                                                              the entry into force of an act of the Commission
2. The amount of this duty shall be equal to the              either adopting definitive measures or extending the
amount by which the effective price (basic price plus         provisional duty, and in any event for a maximum
extras) established by contract, free frontier duty-paid,     period of three months.                            *
is lower than the effective price (basic price plus
extras) published by the Commission for these
products.
                                                              Done at Brussels, 18 January 1978 .
3. The provisions in force for the collection of
customs duty shall apply to the collection of this duty.
                                                                                For the Commission
                       Article 2
                                                                                Wilhlelm HAFERKAMP
The entry of the products described in Article 1 for
consumption within the Community shall be condi                                              Vice-President


Avis juridique important

|

32002H0575

Commission Recommendation of 4 July 2002 on the results of the risk evaluation and the risk reduction strategies for the substances: o-anisidine, 1,4-dioxane (Text with EEA relevance) (notified under document number C(2002) 2486)

Official Journal L 181 , 11/07/2002 P. 0029 - 0034

Commission Recommendationof 4 July 2002on the results of the risk evaluation and the risk reduction strategies for the substances: o-anisidine, 1,4-dioxane(notified under document number C(2002) 2486)(Text with EEA relevance)(2002/575/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EEC) No 793/93 of 23 March 1993 on the evaluation and control of the risks of existing substances(1) and, in particular, Article 11(2) thereof,Whereas:(1) Article 10 of Regulation (EEC) No 793/93 establishes the procedure to be followed for the risk evaluation of the substances on the priority lists at the level of the Member State designated as rapporteur.(2) Commission Regulation (EC) No 1488/94(2) outlines the principles for the assessment of risks to man and the environment of existing substances in accordance with Regulation (EEC) No 793/93.(3) The rapporteur Member State after evaluating the risk of a given priority substance to man and the environment should suggest where appropriate a strategy for limiting the risk, including control measures and/or surveillance programmes.(4) Article 11 of Regulation (EEC) No 793/93 foresees that the results of the risk evaluation and the recommended strategy for limiting risks in respect to substances on the priority lists should be adopted at Community level in accordance with the procedure laid down in Article 15 and shall be published by the Commission.(5) Article 1 of Regulation (EEC) No 793/93 provides that that Regulation shall apply without prejudice to Community legislation on the protection of consumers and on safety and protection of health of workers at work, in particular Council Directive 98/24/EC(3) on the protection of the safety and health of workers from the risks related to chemical agents at work, Council Directive 90/394/EEC(4) on the protection of workers from risks related to exposure to carcinogens at work and Council Directive 92/85/EEC(5) on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding.(6) A second priority list identifying substances requiring attention has been adopted by Commission Regulation (EC) No 2268/95(6). This second priority list provides, among other substances, for the evaluation of the following:- o-anisidine,- 1,4-dioxane.(7) The rapporteur Member States have completed all the risk evaluation activities with regard to man and the environment for the above two substances(7) and, where appropriate, have suggested strategies for limiting the risks.(8) The results of the risk evaluation of the two substances and the recommended risk reduction strategies for the two substances should be adopted at the Community level.(9) In accordance with Article 11(3) of Regulation (EEC) No 793/93, the Commission will consider the results of the risk evaluation and the recommended strategy for limiting the risks, when proposing Community measures in the framework of Council Directive 76/769/EEC of 27 July 1976 on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations(8) and in the framework of Council Directive 98/24/EC as well as in the framework of other relevant existing Community instruments.(10) The Scientific Committee on Toxicity, Ecotoxicity and the Environment (CSTEE) has been consulted and has issued an opinion with respect to the risk assessment reports referred to in this recommendation.(11) The measures provided for in this recommendation are in accordance with the opinion of the Committee set up pursuant to Article 15 of Regulation (EEC) No 793/93,HEREBY RECOMMENDS:1. All sectors importing, producing, transporting, storing, formulating into a preparation or other processing, using, disposing or recovering the following substances:- o-anisidineCAS No 90-04-0Einecs No 201-963-1- 1,4-dioxaneCAS No 123-91-1Einecs No 204-661-8should take into account the results of the risk evaluation as summarised in Section I (human health/environment) of Parts 1 and 2 of the Annex to this recommendation and include them, where appropriate, in the safety data sheets(9). These results were formulated in the light of the opinions delivered by the Scientific Committee on Toxicity, Ecotoxicity and the Environment (CSTEE)(10).2. The risk reduction strategies described in Section II (strategy for limiting risks) of Parts 1 and 2 of the Annex to this recommendation should be implemented.Done at Brussels, 4 July 2002.For the CommissionMargot WallströmMember of the Commission(1) OJ L 84, 5.4.1993, p. 1.(2) OJ L 161, 29.6.1994, p. 3.(3) OJ L 131, 5.5.1998, p. 11.(4) OJ L 196, 26.7.1990, p. 1.(5) OJ L 348, 28.11.1992, p. 1.(6) OJ L 231, 28.9.1995, p. 18.(7) The comprehensive risk assessment reports as forwarded to the Commission by the Member States rapporteur are publicly available. Short summaries are also available. Both can be found on the internet site of the European Chemicals Bureau, Institute for Health and Consumer Protection of the Joint Research Centre in Ispra, Italy (http://ecb.ei.jrc.it/existing-chemicals/).(8) OJ L 262, 27.9.1976, p. 201.(9) In accordance with the provisions of Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (OJ 196, 1.8.1967 p. 1), Commission Directive 91/155/EEC of 5 March 1991 defining and laying down the detailed arrangements for the system of specific information relating to dangerous preparations in implementation of Article 10 of Directive 88/379/EEC (OJ L 76, 22.3.1991 p. 35), Council Directive 98/24/EC of 7 April 1998 on the protection of the health and safety of workers from the risks related to chemical agents at work (fourteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC (OJ L 131, 5.5.1998, p. 11) and Directive 1999/45/EC of the European Parliament and of the Council of 31 May 1999 concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations (OJ L 200, 30.7.1999 p. 1).(10) The risk assessment reports were peer-reviewed by the CSTEE and its opinions can be found on the internet site: (http://europa.eu.int/comm/food/fs/sc/sct/outcome_en.html).ANNEXPART ONE>TABLE>The risk assessment is based on current practices related to the life-cycle of the substance produced in or imported into the European Community as described in the comprehensive Risk Assessment Reports as forwarded to the Commission by the Member State Rapporteur.The risk assessment has, based on the available information, determined that in the European Community the substance is used as an intermediate in the production of dyes and pigments. It was not possible to obtain information on the use of the total volume of substance produced in or imported into the European Community, therefore, some uses may exist which are not covered by this risk assessment.This substance has not been adequately tested for sensitisation and has not been tested for reproductive toxicity. Consequently, the risk assessment does not evaluate the risks to any population for these endpoints. These tests have not been required, as the substance has been identified as a non-threshold carcinogen.I. RISK ASSESSMENTA. HUMAN HEALTHThe conclusion of the assessment of the risks toWorkersis that there is a need for specific measures to limit the risks. This conclusion is reached because of:- concerns for general systemic toxicity, mutagenicity and carcinogenicity, as a consequence of exposure arising from the installation of gas compensation pipes in the processing of the substance.Risks can not be excluded for all other exposure scenarios, as the substance is identified as a non-threshold carcinogen. The adequacy of existing controls and the feasibility and practicability of further specific measures should be considered. However, the risk assessment indicates that risks are already low. This should be taken into account when considering the adequacy of existing controls and the feasibility and practicability of further specific risk reduction measures.The conclusion of the assessment of the risks toConsumersis that there is a need for specific measures to limit the risks. This conclusion is reached because of:- concerns for general systemic toxicity, mutagenicity and carcinogenicity, as a consequence of dermal exposure arising from textiles coloured with dyes based on the substance,- concerns for young children for general systemic toxicity, mutagenicity and carcinogenicity, as a consequence of oral exposure by sucking textiles coloured with dyes based on the substance.Risks can not be excluded for all other exposure scenarios, as the substance is identified as a non-threshold carcinogen. The adequacy of existing controls and the feasibility and practicability of further specific measures should be considered. However, the risk assessment indicates that risks are already low. This should be taken into account when considering the adequacy of existing controls and the feasibility and practicability of further specific risk reduction measures.The conclusion of the assessment of the risks toHumans exposed via the environmentis that there is a need for specific measures to limit the risks. This conclusion is reached because risks can not be excluded, as the substance is identified as a non-threshold carcinogen. The adequacy of existing controls and the feasibility and practicability of further specific measures should be considered. However, the risk assessment indicates that risks are already low. This should be taken into account when considering the adequacy of existing controls and the feasibility and practicability of further specific risk reduction measures.The conclusion of the assessment of the risks toHuman health (physico-chemical properties)is that there is at present no need for further information and/or testing or for risk reduction measures beyond those which are being applied. This conclusion is reached because:- the risk assessment shows that risks are not expected. Risk reduction measures already being applied are considered sufficient.B. ENVIRONMENTThe conclusions of the assessment of the risks to theAtmosphere, aquatic ecosystem and terrestrial ecosystemis that there is at present no need for further information and/or testing or for risk reduction measures beyond those which are being applied. This conclusion is reached because:- the risk assessment shows that risks are not expected. Risk reduction measures already being applied are considered sufficient.The conclusion of the assessment of the risks toMicro-organisms in the sewage treatment plantis that there is at present no need for further information and/or testing or for risk reduction measures beyond those which are being applied. This conclusion is reached because:- the risk assessment shows that risks are not expected. Risk reduction measures already being applied are considered sufficient.II. STRATEGY FOR LIMITING RISKSFor workersThe legislation for workers' protection currently in force at Community level, and in particular the Directive 90/394/EEC on the protection of workers from the risks related to the exposure to carcinogens at work, are generally considered to give an adequate framework to limit the risks of the substance to the extent needed, and shall apply. Within this legislative framework the concerned companies are reminded of their obligations to ensure that workplace exposure arising from the installation of gas compensation pipes is reduced to as low as technically possible, and that alternative processes and/or substitutes are not dangerous or are less dangerous to workers' health and safety.For consumersThe draft for the 19th amendment of Directive 76/769/EEC relating to restrictions on the marketing and use of azocolourants is considered to effectively minimise the risk arising from the release of o-anisidine from dyed textiles and clothes. Therefore, implementation of this amendment should be speeded up as far as possible. The effectiveness of the measure would have to be ensured by adequate monitoring programmes.PART TWO>TABLE>The risk assessment is based on current practices related to the life-cycle of the substance produced in or imported into the European Community as described in the comprehensive Risk Assessment Report as forwarded to the Commission by the Member State Rapporteur.The risk assessment has, based on the available information, determined that in the European Community the substance is mainly used as a processing solvent in production of pharmaceuticals, pesticides, magnetic tapes, adhesives and other products. It was not possible to obtain information on the use of the total volume of substance produced in or imported into the European Community, therefore, some uses may exist which are not covered by this risk assessment.The risk assessment has identified other sources of exposure to the substance, relevant for man and the environment, in particular, the substance is created as a by-product in a number of industrial processes like ethoxylation reactions, which do not result from the life-cycle of the substance produced in or imported into the European Community. The assessment of the risks arising from these exposures is not part of this risk assessment. The comprehensive Risk Assessment Report, as forwarded to the Commission by the Member State Rapporteur, does however provide information about these risks.I. RISK ASSESSMENTA. HUMAN HEALTHThe conclusion of the assessment of the risks toWorkersis that there is a need for specific measures to limit the risks. This conclusion is reached because of:- concerns for defatting with subsequent adverse skin effects as a consequence of exposure arising from production, formulation and use of the substance or the product containing the substance,- concerns for general systemic toxicity and carcinogenicity as a consequence of dermal exposure arising from the use of the substance in cleaning agents,- concerns for general systemic toxicity and carcinogenicity as a consequence of inhalation exposure arising from formulation of the substance.The conclusion of the assessment of the risks toConsumers and humans exposed via the environmentis that there is at present no need for further information and/or testing or for risk reduction measures beyond those which are being applied. This conclusion is reached because:- the risk assessment shows that risks are not expected. Risk reduction measures already being applied are considered sufficient.The conclusion of the assessment of the risks toHuman health (physico-chemical properties)is that there is at present no need for further information and/or testing or for risk reduction measures beyond those which are being applied. This conclusion is reached because:- the risk assessment shows that risks are not expected. Risk reduction measures already being applied are considered sufficient.B. ENVIRONMENTThe conclusion of the assessment of the risks to theAtmosphere, aquatic ecosystem and terrestrial ecosystemis that there is at present no need for further information and/or testing or for risk reduction measures beyond those which are being applied. This conclusion is reached because:- the risk assessment shows that risks are not expected. Risk reduction measures already being applied are considered sufficient.The conclusion of the assessment of the risks toMicro-organisms in the sewage treatment plantis that there is at present no need for further information and/or testing or for risk reduction measures beyond those which are being applied. This conclusion is reached because:- the risk assessment shows that risks are not expected. Risk reduction measures already being applied are considered sufficient.II. STRATEGY FOR LIMITING RISKSFor workersThe legislation for workers' protection currently in force at Community level is generally considered to give an adequate framework to limit the risks of the substance to the extent needed and shall apply.Within this framework it is recommended:- to develop at Community level occupational exposure limit values for the substance.


Avis juridique important

|

31970H0013

70/13/EEC: Recommendation of the commission of 25 November 1969 to the French republic on the adjustment of the state monopoly of a commercial character on potassium (Only the French text is authentic)

Official Journal L 006 , 09/01/1970 P. 0013 - 0015 Danish special edition: Series II Volume VI P. 0003  English special edition: Series II Volume VI P. 0003

++++ ( 1 ) BY DECREE N 67-796 OF 20 . SEPTEMBER 1967 , THE FUNCTIONS OF THE SOCIETE COMMERCIALE DES POTASSES D'ALSACE PASSED TO THE ENTREPRISE MINIERE ET CHIMIQUE ( EMC ) WHICH PERFORMS THEM THROUGH A SUBSIDIARY , THE SOCIETE COMMERCIALE DES POTASSES ET DE L'AZOTE ( SCPA ) .  COMMISSION RECOMMENDATION  OF 25 NOVEMBER 1969  TO THE FRENCH REPUBLIC ON THE ADJUSTMENT OF THE STATE MONOPOLY OF A COMMERCIAL CHARACTER IN POTASH   ( ONLY THE FRENCH TEXT IS AUTHENTIC )   ( 70/13/EEC )  I  1 . THE FRENCH GOVERNMENT , BY LETTER OF 14 FEBRUARY 1959 , INFORMED THE COMMISSION OF THE EUROPEAN ECONOMIC COMMUNITY THAT POTASH IS IN FRANCE SUBJECT TO A STATE MONOPOLY OF A COMMERCIAL CHARACTER WITHIN THE MEANING OF ARTICLE 37 OF THE EEC TREATY .  UNDER THAT PROVISION MEMBER STATES ARE REQUIRED PROGRESSIVELY TO ADJUST STATE MONOPOLIES OF A COMMERCIAL CHARACTER SO AS TO ENSURE THAT , WHEN THE TRANSITIONAL PERIOD HAS ENDED , NO DISCIMINATION REGARDING THE CONDITIONS UNDER WHICH GOODS ARE PROCURED AND MARKETED EXISTS BETWEEN NATIONALS OF MEMBER STATES .  2 . SINCE 1959 , THE FRENCH GOVERNMENT HAS TAKEN CERTAIN MEASURES FOR THE ADJUSTMENT OF THAT MONOPOLY .  IN 1959 , IT OPENED A QUOTA ( N 27 CE 01 ) " MINERAL OR CHEMICAL FERTILIZERS , POTASSIC " FOR CRUDE NATURAL POTASSIUM SALTS AND POTASSIUM CHLORIDE USED AS FERTILIZERS ( HEADING N EX 31.04 ) , FIXED AT 3 % OF NATIONAL PRODUCTION . IN 1960 THE QUOTA WAS RAISED TO 4 % OF NATIONAL PRODUCTION . SINCE 1961 POTASH HAS NOT BEEN SUBJECT TO A QUOTA .  MOREOVER , BY DECREE N 61-1330 OF 4 DECEMBER 1961 , THE FRENCH GOVERNMENT REVISED THE LIST OF PRODUCTS SUBJECT TO AN IMPORT AND EXPORT MONOPOLY , ELIMINATING CERTAIN POTASH PRODUCTS FOR INDUSTRIAL USES .  3 . THE COMMISSION CONSIDERED , HOWEVER , THAT THE MEASURES ADOPTED BY THE FRENCH GOVERNMENT WERE NOT SUFFICIENT TO MEET THE REQUIREMENT OF PROGRESSIVE ADJUSTMENT LAID DOWN IN ARTICLE 37 , AND ON 12 APRIL 1962 IT ADDRESSED A RECOMMENDATION TO THAT GOVERNMENT UNDER COVER OF A LETTER OF 13 APRIL 1962 .  THE COMMISSION RECOMMENDED THAT PERMISSION SHOULD BE GIVEN FOR THE IMPORTATION AND MARKETING OF POTASH PRODUCTS WITHOUT A TRADE NAME , COMING FROM OTHER MEMBER STATES , BY PERMITTING SUPPLIERS IN THOSE COUNTRIES TO SUPPLY , EITHER TO THE SOCIETE COMMERCIALE DES POTASSES D'ALSACE ( 1 ) OR BY OTHER APPROPRIATE MEANS UP TO A TOTAL QUANTITY FOR 1962 OF 5 % OF NATIONAL PRODUCTION FOR 1960 , AND TO INCREASE THAT QUANTITY EACH YEAR BY AT LEAST 15 % .  FURTHERMORE , IN THE CASE OF POTASH PRODUCTS SOLD UNDER A TRADE NAME , THE COMMISSION RECOMMENDED THE ABOLITION OF DISCRIMINATION IN THE MATTER OF PRICE FORMATION .  BY LETTER DATED 3 AUGUST 1962 THE FRENCH GOVERNMENT ADVISED THAT :   _ IN THE CASE OF POTASH PRODUCTS SOLD WITHOUT A TRADE NAME IT WAS READY TO PERMIT SUPPLIERS IN OTHER MEMBER STATES TO SUPPLY THE SOCIETE COMMERCIALE DES POTASSES D'ALSACE UP TO AN AMOUNT CALCULATED ACCORDING TO THE METHOD PROPOSED BY THE COMMISSION ; PREFERENCE WOULD BE GIVEN TO SUPPLIERS MAKING THE BEST OFFERS AND , SHOULD OFFERS BE EQUALLY FAVOURABLE , PURCHASES WOULD BE EQUITABLY DISTRIBUTED ;   _ IN THE CASE OF POTASH PRODUCTS SOLD UNDER A TRADE NAME , THE PART PLAYED BY THE MONOPOLY IS MERELY THAT OF AN OBLIGATORY IMPORT AGENCY , PRICES BEING NEGOTIATED BETWEEN BUYER AND SELLER ON A FREELY COMPETITIVE BASIS .  4 ( A ) WITH REGARD TO PRODUCTS IN THE FIRST CATEGORY _ POTASH IN SIMPLE FORM _ IMPORTS INTO FRANCE FROM OTHER MEMBER STATES IN THE YEARS FOLLOWING THE COMMISSION RECOMMENDATION HAVE BEEN SOMEWHAT IRREGULAR . THEY ROSE FROM ABOUT 10 000 METRIC TONS ( K2O ) FOR THE AGRICULTURAL YEAR 1962/63 TO 10 400 METRIC TONS ( K2O ) FOR THE YEAR 1965/66 , BUT FELL TO 4 600 AND 2 559 METRIC TONS ( K2O ) FOR THE YEARS 1966/67 AND 1967/68 RESPECTIVELY .  DURING THE YEAR 1968/69 IMPORTS SHOWED AN EXCEPTIONAL INCREASE TO 86 000 TONS ( K2O ) OWING TO THE SPECIAL CIRCUMSTANCES WHICH , IN 1968 , AFFECTED THE FRENCH ECONOMY AS A WHOLE .  FOR THE FIRST MONTHS OF THE YEAR 1969/70 ( MAY-SEPTEMBER 1969 ) IMPORTS CAME TO ABOUT 28 000 METRIC TONS ( K2O ) . IT IS TO BE NOTED THAT A LARGE PROPORTION OF THOSE IMPORTS WERE POTASH PRODUCTS OF A KIND NOT PRODUCED IN FRANCE .  TOTAL FRENCH CONSUMPTION INCREASED FROM ABOUT 900 000 METRIC TONS ( K2O ) FOR THE YEAR 1962/63 TO 1 280 000 METRIC TONS ( K2O ) FOR THE YEAR 1968/69 .  WITH REGARD TO EXPORTS , THE SCPA , BY VIRTUE OF THE EXCLUSIVE EXPORT RIGHTS CONFERRED BY ARTICLE 183 OF THE CODE MINIER , IMPOSES ON BUYERS IN ITS GENERAL CONDITIONS OF SALE A PROHIBITION ON RESALE OUTSIDE FRANCE OF POTASH SALTS SUPPLIED BY THE SCPA .   ( B ) WITH REGARD TO POTASH PRODUCTS UNDER A TRADE NAME _ THAT IS TO SAY COMPOSITE FERTILIZERS _ IMPORTS FROM MEMBER STATES HAVE STEADILY INCREASED ; THEY ROSE FROM ABOUT 800 METRIC TONS ( K2O ) FOR THE YEAR 1961/62 TO ABOUT 124 000 METRIC TONS ( K2O ) FOR THE YEAR 1968/69 . CONSUMPTION DURING THE YEAR 1968/69 AMOUNTED TO 947 000 METRIC TONS ( K2O ) .  5 . THE COMMISSION CONSIDERS THAT THE MEASURES SO FAR TAKEN , WHILE IN LINE WITH THE PRINCIPLE OF PROGRESSIVE ADJUSTMENT LAID DOWN IN ARTICLE 37 , DO NOT , HOWEVER , CONSTITUTE A FULL ADJUSTMENT . SINCE THE END OF THE TRANSITIONAL PERIOD IS APPROACHING , MEASURES SHOULD NOW BE ADOPTED TO BRING TO AN END ALL DISCRIMINATION BETWEEN NATIONALS OF MEMBER STATES REGARDING THE CONDITIONS UNDER WHICH GOODS ARE PROCURED AND MARKETED .  ARTICLE 37 WHICH COMES UNDER THE TITLE RELATING TO FREE MOVEMENT OF GOODS , AND , MORE PARTICULARLY , UNDER THE CHAPTER CONCERNING THE ELIMINATION OF QUANTITATIVE RESTRICTIONS BETWEEN MEMBER STATES , AIMS AT ACHIEVING BY THE END OF THE TRANSITIONAL PERIOD IN RESPECT OF PRODUCTS SUBJECT TO A STATE MONOPOLY OF A COMMERCIAL CHARACTER ( OR A LIKE SYSTEM ) THE SAME RESULT AS THAT ACHIEVED FOR OTHER PRODUCTS BY THE APPLICATION OF ARTICLES 30 TO 34 , THAT IS TO SAY THE FREE MOVEMENT OF GOODS .  A DIFFERENT PROCEDURE WAS PROVIDED IN ORDER TO ACHIEVE THAT RESULT IN THE SECTORS COVERED BY STATE MONOPOLIES . THEIR PROGRESSIVE ADJUSTMENT WAS PROVIDED FOR PARTLY IN ORDER TO TAKE ACCOUNT OF THE FACT THAT IN THE VIEW OF THE MEMBER STATES CONCERNED THE PRODUCTS SUBJECT TO A MONOPOLY PRESENTED SPECIAL PROBLEMS AND PARTLY SO THAT THE ELIMINATION OF QUANTITATIVE RESTRICTIONS AND OF MEASURES HAVING AN EQUIVALENT EFFECT IN THOSE SECTORS SHOULD NOT BE WITHOUT PRACTICAL RESULT . THERE WERE INDEED GROUNDS FOR FEARING THAT THE LIBERALIZATION OF TRADE IN RESPECT OF THE PRODUCTS SUBJECT TO A MONOPOLY WOULD NOT TAKE PLACE IF THE MONOPOLIES , BY VIRTUE OF THEIR EXCLUSIVE RIGHT TO IMPORT , EXPORT AND MARKET CERTAIN PRODUCTS , WERE TO REMAIN FREE TO DECIDE TO WHAT EXTENT AND UNDER WHAT CONDITIONS PRODUCTS FROM OTHER MEMBER STATES COULD BE ALLOWED ON THE DOMESTIC MARKET ( OR , CONVERSELY , TO WHAT EXTENT DOMESTIC PRODUCTS COULD BE EXPORTED TO OTHER MEMBER STATES ) .  IT IS FOR THAT REASON THAT ARTICLE 37 CONTAINS THE PROVISION DESIGNED " TO ENSURE THAT WHEN THE TRANSITIONAL PERIOD HAS ENDED NO DISCRIMINATION REGARDING THE CONDITIONS UNDER WHICH GOODS ARE PROCURED AND MARKETED EXISTS BETWEEN NATIONALS OF MEMBER STATES " .  IT SHOULD BE STRESSED THAT THE ENDING OF DISCRIMINATION RESULTING DIRECTLY FROM PROVISIONS APPLICABLE TO PRODUCTS SUBJECT TO A MONOPOLY IS NOT THE ONLY REQUIREMENT IN ARTICLE 37 ; THAT OBJECT COULD BE ATTAINED , IN THE ABSENCE OF AN ARTICLE GOVERNING STATE MONOPOLIES , BY MEANS OF OTHER PROVISIONS OF THE TREATY , IN PARTICULAR THOSE PROHIBITING CHARGES HAVING AN EQUIVALENT EFFECT TO CUSTOMS DUTIES AND MEASURES HAVING A EQUIVALENT EFFECT TO QUANTITATIVE RESTRICTIONS . IT FOLLOWS FROM WHAT HAS BEEN SAID ABOVE IN RELATION TO THE SPECIAL CHARACTERISTICS OF STATE MONOPOLIES AND OF THE RESTRICTIONS TO WHICH THEY CAN GIVE RISE THAT THE OBJECTIVE OF THE " ADJUSTMENT " , I.E . OF ENSURING THAT " NO DISCRIMINATION EXISTS " , IS TO ELIMINATE THE POSSIBILITY THAT THE PARTICULAR POWERS VESTED IN THE MONOPOLIES IN RESPECT OF THE IMPORTING AND DOMESTIC MARKETING , OR THE EXPORTING , OF CERTAIN PRODUCTS MIGHT AT THE END OF THE TRANSITIONAL PERIOD STILL GIVE RISE TO DISCRIMINATION .  SINCE THESE ARE THE OBJECTIVES LAID DOWN IN ARTICLE 37 , IT IS INCUMBENT UPON FRANCE TO ADJUST THE POTASH MONOPOLY BEFORE THE END OF THE TRANSITIONAL PERIOD IN ORDER THAT THE OBJECTIVES MAY BE ATTAINED . FURTHER , IT IS FOR THE COMMISSION , IN ADDITION TO ITS GENERAL DUTY TO SEE THAT THE TREATY IS IMPLEMENTED , TO MAKE RECOMMENDATION IN ACCORDANCE WITH ARTICLE 37 ( 6 ) AS TO THE MANNER IN WHICH THE ADJUSTMENT PROVIDED FOR IN THAT ARTICLE SHALL BE CARRIED OUT .  IN THE CASE OF THE POTASH MONOPOLY , THE COMMISSION NOTES THAT , IN SPITE OF THE ABOLITION OF QUOTAS , IMPORTS FROM OTHER MEMBER STATES ( SEE PARAGRAPH 4 ( A ) ) HAVE NOT APPRECIABLY INCREASED .  IN THE OPINION OF THE COMMISSION THAT SITUATION ARISES MAINLY FROM THE FACT THAT ON THE FRENCH MARKET THERE IS ONLY ONE PURCHASER AND THAT IN THIS PARTICULAR CASE THE MONOPOLY COVERS PRODUCTS WHICH ARE LARGELY HOMOGENEOUS AND INDIFFERENTIATED , WHICH LIMITS THE RANGE OF CHOISE FOR FRENCH CONSUMERS . IN THESE CIRCUMSTANCES THE ABOLITION OF QUOTAS IS WITHOUT PRACTICAL SIGNIFICANCE UNLESS THE ONE PURCHASER IS PLACED UNDER THE OBLIGATION OF OBTAINING SUPPLIES IN THE OTHER MEMBER STATES . SUCH AN OBLIGATION CANNOT , HOWEVER , BE REQUIRED ON THE STRENGTH OF ARTICLE 37 AND WOULD , MOREOVER , BE CONTRARY TO THE ECONOMIC OBJECTIVES LAID DOWN IN THE TREATY . AS THE SCPA IS ALONE AUTHORIZED TO IMPORT AND SELL THESE PRODUCTS IN FRANCE , IT CAN FOR EXAMPLE DECIDE WHETHER , TO WHAT EXTENT AND IN RESPECT OF WHICH QUALITIES THE NEEDS OF THE FRENCH MARKET SHOULD BE MET BY SUPPLIERS IN OTHER MEMBER STATES .  THE INFLUENCE WHICH THE SCPA HAS ON PRICES GIVES RISE TO OTHER CONSIDERATIONS . SINCE FRENCH POTASH AND POTASH FROM OTHER MEMBER COUNTRIES ARE BOTH SOLD IN FRANCE AT THE SAME PRICE , SUPPLIERS FROM THE MEMBER STATES ARE NOT IN A POSITION TO EXERT ANY COMPETITIVE PRESSURE ON THE FRENCH MARKET .  FINALLY , WITH REGARD TO EXPORTS , THE COMMISSION IS OF THE OPINION THAT THE PROHIBITION ON EXPORTATION , SAVE WITH THE EXPRESS AUTHORIZATION OF THE SCPA , WHICH IS IMPOSED ON BUYERS IN THE GENERAL CONDITIONS OF SALE , IN CONTRACTS CONCLUDED BY THAT COMPANY , COULD GIVE RISE TO DISCRIMINATION WITHIN THE MEANING OF ARTICLE 37 IN SO FAR AS THE SCPA RETAINS THE POWER TO OPPOSE EXPORTATION .  FOR THESE REASONS IT SEEMS TO THE COMMISSION THAT THE BEST SOLUTION FOR ACHIEVING THE OBJECTIVE LAID DOWN IN ARTICLE 37 , BECAUSE THERE IS NO DOUBT THAT IT WILL BE EFFECTIVE , IS TO ABOLISH THE EXCLUSIVE IMPORTING , EXPORTING AND MARKETING RIGHTS OF THE SCPA , IN SO FAR AS THOSE RIGHTS CONCERN TRADE BETWEEN MEMBER STATES .  II  ON THESE GROUNDS THE COMMISSION OF THE EUROPEAN COMMUNITIES , IN ACCORDANCE WITH ARTICLE 37 ( 6 ) OF THE EEC TREATY , RECOMMENDS THE FRENCH REPUBLIC TO TAKE THE FOLLOWING MEASURES NOT LATER THAN 31 DECEMBER 1969 :  1 . WITH REGARD TO POTASH PRODUCTS WHICH , IN FRANCE , ARE SUBJECT TO AN IMPORT AND SALES MONOPOLY :   ( A ) TO ALLOW FREE IMPORTATION OF ALL QUANTITIES AND QUALITIES OF PRODUCTS FROM MEMBER STATES ;   ( B ) TO ALLOW ALL OPERATIONS NECESSARY FOR THE MARKETING OF POTASH PRODUCTS FROM OTHER MEMBER STATES TO BE FREELY CARRIED OUT ON THE FRENCH MARKET .  TO THAT END :   _ TO ALLOW SUPPLIERS FROM OTHER MEMBER STATES TO HOLD STOCKS IN FRANCE AND TO SET UP THEIR OWN SALES NETWORK THERE ;   _ TO ALLOW SUPPLIERS FROM OTHER MEMBER STATES TO ENGAGE FREELY IN ALL FORMS OF ADVERTISING ;   _ TO ALLOW PRICES FOR PRODUCTS FROM OTHER MEMBER STATES TO BE FREELY AGREED BETWEEN SELLERS AND BUYERS AT THE DIFFERENT STAGES OF MARKETING .  2 . WITH REGARD TO THE POTASH PRODUCTS WHICH IN FRANCE ARE SUBJECT TO AN EXPORT MONOPOLY : TO ALLOW ALL EXPORTS TO OTHER MEMBER STATES OF THE EEC WITHOUT RESTRICTION AND WITHOUT THE INTERVENTION OF THE SCPA .  DONE AT BRUSSELS , 25 NOVEMBER 1969 .  FOR THE COMMISSION  THE PRESIDENT  JEAN REY