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Regulation No 45/64/EEC of the Commission of 28 April 1964 on applications for aid submitted to the Guidance Section of the EAGGF
Official Journal 071 , 06/05/1964 P. 1117 - 1120
Danish special edition: Series I Chapter 1963-1964 P. 0127
English special edition: Series I Chapter 1963-1964 P. 0135
Greek special edition: Chapter 03 Volume 1 P. 0102
REGULATION No 45/64/EEC OF THE COMMISSION of 28 April 1964 on applications for aid submitted to the Guidance Section of the EAGGF
THE COMMISSION OF THE EUROPEAN ECONOMIC COMMUNITY,
Having regard to Council Regulation No 17/64/EEC of 5 February 1964 on the conditions for granting aid from the European Agricultural Guidance and Guarantee Fund, 1 and in particular Article 20 (5) thereof;
Whereas applications for aid from the Guidance Section of the EAGGF, must contain information set out in the same manner by the applicants in order to make it easier to verify whether such applications are in accordance with Regulation No 17/64/EEC and to take a decision thereon;
Whereas the measures provided for in this Regulation are in accordance with the Opinion of the Standing Committee for Agricultural Structures;
HAS ADOPTED THIS REGULATION:
Article 1
Applications submitted to the Commission for aid from the Guidance Section of the European Agricultural Guidance and Guarantee Fund shall contain the information corresponding to the headings set out in the Annex to this Regulation.
Article 2
Five copies of each application shall be submitted.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 April 1964.
For the Commission
The President
Walter HALLSTEIN
1 OJ No 34, 27.2.1964, p. 586/64.
ANNEX
A. Information concerning the project
1. Applicant 1
- Name or trade name;
- address or place of business;
- in the case of a legal person: - legal form adopted;
- reference to the laws and regulations by which it is governed;
- its statutes and the supervision procedure to which it is subject;
- where appropriate, an extract from the Trade Register;
- aim and scope of the applicant's main activities;
- geographical area in which such activities take place;
- status of the applicant in relation to the project;
- where appropriate, designation of the body in whose name the application for aid is submitted.
2. Beneficiaries within the meaning of Article 22 (1) of Regulation No 17/64/EEC 2
(a) Legal person(s): - legal form adopted: - reference to the laws and regulations by which it is governed;
- its statutes and the supervision procedure to which it is subject;
- where appropriate, an extract from the Trade Register;
- address or place of business;
- aim and scope of the beneficiary's main activities;
- geographical area in which such activities take place;
- economic position (e.g. balance-sheet with analysis);
- legal, economic and financial connection with the applicant.
(b) Natural person(s): - address or, in the case of several persons, geographical location;
- number of persons;
- aim and scope of beneficiary's main activities;
- economic and social position;
- legal, economic and financial connection with the applicant. 1
3. Action envisaged within the meaning of Article 11
- Description of the existing situation, so that the importance of the action may be assessed;
- what are the needs met by the project submitted?
- to what extent are those needs already satisfied?
1 Where the applicant is a person other than the beneficiary. 2 References to Articles relate throughout to Regulation No 17/64/EEC. - geographical location;
- general economic description of the action envisaged;
- detailed technical description of the actions or work envisaged;
- overall estimate of total cost of the actions or work 1 (basis of calculations and date of estimates to be indicated ; supporting documents to be enclosed);
- estimated cost of the part relating to the improvement of the agricultural structure (Article 13 (3)) (basis of calculations and date of estimates to be indicated);
- estimated programme for actions or work envisaged;
- specification and stages of work;
- estimated dates for commencement and completion of the actions or work;
- methods whereby such actions or work are to be carried out;
- authorities responsible for carrying out the actions or work;
- place of the project in the economy as a whole ; where appropriate, in national plans, at regional and local levels;
- expected effects both at the technical agricultural level and at the economic and social level ; where appropriate expected effects on revenue, volume of output, and employment;
- amount of public or private funds, invested simultaneously or subsequently, which would be essential or useful for making the project fully effective.
4. Estimated financing
- Apportionment of resources according to source and kind: - contribution from the applicant: - from his own funds,
- from loans (terms),
- in the form of contributions in kind (method and basis of calculation):
- contribution from the beneficiaries: - from their own funds,
- from loans (terms),
- in the form of contributions in kind (method and basis of calculation);
- contribution from the Member State, from other public or semi-public authorities:
- other external aids and the terms thereof;
- to what extent and on what terms do the beneficiaries bear the financial burden of carrying out the action (e.g. amortisation, interest and other expenses)?
- settlement dates for liabilities and payments.
5. Aid applied for
Amount and terms (e.g. spacing of payments).
1 The figures shown in applications for aid shall be expressed in national currency. 6. Criteria
Information required in order to assess whether the project meets the following criteria: - General criteria: - inclusion in the framework of a Community Programme (Article 14 (1) (a)), except where the final subparagraph of Article 14 (1) applies;
- reference to the Community Programme number;
- conformity with the Community Programme (Article 14 (1) (a));
- connection with the implementation of the common agricultural policy (Article 14 (1) (b));
- lasting economic effect of the action (Article 14 (1) (c)).
- Special criteria for the improvement of structure and guidance of production (Article 11 (1) (a) and (b)): - viability and competitiveness of farms (Article 14 (2) (a));
- the dissemination of agricultural knowledge and vocational training (Article 14 (2) (b));
- the social and economic conditions of agricultural workers (Article 14 (2) (c)).
- Criterion of priority : possible inclusion in a comprehensive system of measures aimed at encouraging regional development (Article 15 (1)).
7. Other supporting documents, the inclusion of which is considered by the applicant to be useful or necessary for the assessment of his application.
B. Information concerning the Member State on whose territory the project is to be carried out
1. Opinion of the Member State concerned (Article 20 (3)).
2. Designation of the body or bodies through which payment of funds is to be made (Article 22 (1)).
3. Designation of the body or bodies through which supervision will be effected while the project is being carried out (Article 22 (2)).
4. Where appropriate, reasons for which no provision is made for a financial contribution from the Member State (second subparagraph of Article 18 (1)). |
ECSC High Authority: Decision No 14-64 of 8 July 1964 on business books and accounting documents which undertakings must produce for inspection by officials or agents of the High Authority carrying out checks or verifications as regards prices
Official Journal 120 , 28/07/1964 P. 1967 - 1969
Danish special edition: Series I Chapter 1963-1964 P. 0152
English special edition: Series I Chapter 1963-1964 P. 0162
Greek special edition: Chapter 08 Volume 1 P. 0055
Spanish special edition: Chapter 08 Volume 1 P. 0081
Portuguese special edition Chapter 08 Volume 1 P. 0081
DECISION No 14-64 of 8 July 1964 on business books and accounting documents which undertakings must produce for inspection by officials or agents of the High Authority carrying out checks or verifications as regards prices
THE HIGH AUTHORITY,
Having regard to Articles 8, 47, 60 to 64, 80, 82 and 86 of the Treaty establishing the European Coal and Steel Community;
Whereas it is the task of the High Authority to ensure that the objectives set out in the Treaty are attained and in particular that undertakings fulfil the obligations imposed on them by the provisions of the Treaty and the Decisions taken in application thereof;
Whereas the fulfilment of that task, in particular as regards prices, entails checks and verification in undertakings of their records;
Whereas such checks and verifications can be effective only if the facts and transactions which constitute the necessary source of information for the High Authority can be ascertained from business books and accounting documents;
Whereas, therefore, undertakings must be able to produce for inspection to officials or agents of the High Authority business books and accounting documents which contain the information needed to check effectively that the rules relating to prices have been complied with;
Whereas such checks and verifications must also enable the officials or agents of the High Authority to determine the value of sales which, under Article 64 of the Treaty, are irregular and also where necessary the turnover of the undertaking within the meaning of Article 82 of the Treaty;
Whereas Member States have enacted laws and regulations imposing on undertakings the obligation to keep regular accounts ; whereas, however, such laws and regulations do not provide for the imposition of penalties corresponding to the requirements of the High Authority;
Whereas, without prejudice to the obligation on undertakings to make available to the High Authority for the purposes of checks and verifications all such business books and accounting documents as may be needed by the High Authority to fulfil its tasks, it is necessary in particular to prevent undertakings from evading an effective verification by alleging that they do not possess accounts or business records;
Whereas, having regard to Article 47 of the Treaty, it is necessary to make it obligatory for undertakings to keep business books and all supporting documents so that these can be made available to the persons entrusted by the High Authority with carrying out checks or verifications;
Whereas, notwithstanding the obligations imposed on undertakings by national law in respect of their accounts, it is necessary to specify by a decision binding on all undertakings the items which must be shown in their accounts;
Whereas it is also necessary for undertakings to make out for each sale an invoice or other document containing the requisite information for purposes of effective verification;
Whereas a limit should be set to the length of time for which undertakings must retain their business records, bearing in mind that the tasks of the High Authority may necessitate investigations to be made as regards prices;
DECIDES:
Article 1
Undertakings shall keep, and make available to the officials or agents of the High Authority carrying out checks or verifications as regards prices, business books and accounting documents including at least the following: (a) Records of orders with related correspondence filed in such a way as to permit checking;
(b) In respect of each sale a copy of the invoice or any other written record established for accounting purposes which contains at least the following items of information: - name and address of the purchaser;
- nature, quality and quantity of the product sold;
- date of invoice and of delivery;
- price and all other conditions of sale;
such documents being filed in such a way as to enable the entries in the accounts to be checked;
(c) A sales journal or any other accounting document in which all sales are entered in chronological order, showing at least the date of the contract for sale, the name of the customer or the invoice number, and the amounts payable;
(d) A cash book recording in chronological order all receipts and payments with dates, names of purchasers and amounts, kept in such a way as to enable the cash balance to be checked at any time;
(e) Statements of account and other documents relating to bank accounts and postal cheque accounts, separately for each financial establishment and in chronological order, kept in such a way as to enable the balance to be checked at any time;
(f) Statements, receipts, bills and abstracts of account relating to payments and receipts, filed in such a way as to enable the cash book mentioned in subparagraph (d) to be verified;
(g) Accounts for individual customers recording with dates all amounts due from and paid by customers ; separate accounts for customers need not be kept if such amounts with dates are recorded in the sales journal or other document mentioned in subparagraph (c).
Article 2
Undertakings must be able to produce, for inspection by officials and agents of the High Authority entrusted with the task of checking or verification, their business books and accounting documents for the current calendar year and for not less than the five preceding calendar years.
Article 3
Undertakings which evade their obligations under this Decision shall be liable to the penalties provided for in the third paragraph of Article 47 of the Treaty.
Article 4
This Decision shall be published in the Official Journal of the European Communities. It shall enter into force on 1 November 1964.
This Decision was considered and adopted by the High Authority at its meeting on 8 July 1964.
For the High Authority
The President
Dino DEL BO |
64/389/EEC: Council Decision of 22 June 1964 on the organization of a survey of infrastructure costs in respect of transport by rail, road and inland waterway
Official Journal 102 , 29/06/1964 P. 1598 - 1601
Finnish special edition: Chapter 7 Volume 1 P. 0038
Danish special edition: Series II Volume IV P. 0018
Swedish special edition: Chapter 7 Volume 1 P. 0038
English special edition: Series II Volume IV P. 0018
Greek special edition: Chapter 07 Volume 1 P. 0032
Spanish special edition: Chapter 07 Volume 1 P. 0058
Portuguese special edition Chapter 07 Volume 1 P. 0058
++++
( 1 ) OJ N 24 , 8 . 2 . 1964 , P . 421/64 .
( 2 ) OJ N 102 , 29 . 6 . 1964 , P . 1600/64 .
COUNCIL DECISION
OF 22 JUNE 1964
ON THE ORGANIZATION OF A SURVEY OF INFRASTRUCTURE COSTS IN RESPECT OF TRANSPORT BY RAIL , ROAD AND INLAND WATERWAY
( 64/389/EEC )
THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY ,
HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 75 THEREOF ;
HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ;
HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 1 ) ;
HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 2 ) ;
WHEREAS THE DEVELOPMENT OF THE COMMON TRANSPORT POLICY ENTAILS A HARMONIZATION OF NATIONAL PROVISIONS CONCERNING THE USE OF THE INFRASTRUCTURE , SUCH HARMONIZATION TO TAKE INTO ACCOUNT THE NEED TO ELIMINATE DISPARITIES LIABLE TO DISTORT COMPETITION IN THE TRANSPORT SECTOR ;
WHEREAS THE PURSUIT OF THIS OBJECTIVE DEMANDS INTER ALIA AS FULL A KNOWLEDGE AS POSSIBLE OF INFRASTRUCTURE COSTS ; WHEREAS TO THIS END A SURVEY GOVERNED BY COMMON PRINCIPLES AND COVERING A COMMON PERIOD OF REFERENCE SHOULD BE ORGANIZED FOR ALL THE MEMBER STATES AND FOR ALL MODES OF TRANSPORT ,
HAS ADOPTED THIS DECISION :
ARTICLE 1
THERE SHALL BE CARRIED OUT IN THE COMMUNITY , ON THE BASIS OF COMMON PRINCIPLES , A SURVEY OF INFRASTRUCTURE COSTS IN RESPECT OF TRANSPORT BY RAIL , ROAD AND INLAND WATERWAY .
EACH MEMBER STATE SHALL BE RESPONSIBLE FOR THE ORGANIZATION AND EXECUTION OF THE SURVEY IN RESPECT OF THOSE MATTERS WITH WHICH IT IS CONCERNED .
ARTICLE 2
1 . THE OBJECT OF THE SURVEY SHALL BE TO DETERMINE :
( A ) TOTAL INFRASTRUCTURE COSTS ;
( B ) WHAT PART OF THOSE COSTS IS ATTRIBUTABLE TO THE TRANSPORT FUNCTION OF INFRASTRUCTURE IN CASES WHERE SUCH INFRASTRUCTURE IS AT THE SAME TIME FULFILLING OTHER FUNCTIONS ;
( C ) THE ALLOCATION OF THOSE COSTS AMONG THE VARIOUS CATEGORIES OF TRANSPORT .
2 . THE SURVEY SHALL RELATE TO DATE FOR THE YEAR 1966 .
ARTICLE 3
IN ORDER TO GATHER THE DATA RELATING TO THE USE OF INFRASTRUCTURE REQUIRED IN ORDER TO CARRY OUT THE SURVEY PROVIDED FOR IN ARTICLE 1 , MEMBER STATES SHALL CARRY OUT A SERIES OF CENSUSES AND SAMPLINGS SPREAD OVER THE YEARS 1965 AND 1966 .
THE TYPES OF CENSUS AND SAMPLING TO BE CARRIED OUT DURING EACH OF THOSE YEARS SHALL BE LAID DOWN BEFORE 15 JULY 1964 AND 30 APRIL 1965 RESPECTIVELY , BY DECISIONS OF THE COMMISSION TAKEN AFTER CONSULTING THE MEMBER STATES .
ARTICLE 4
BEFORE 30 APRIL 1965 THE COUNCIL , ACTING UNANIMOUSLY ON A PROPOSAL FROM THE COMMISSION , SHALL DETERMINE THE SCOPE OF THE SURVEY AND SPECIFY THE METHODS OF DETERMINING AND ALLOCATING THE COSTS REFERRED TO IN ARTICLE 2 .
ARTICLE 5
MEMBER STATES SHALL ADOPT IN GOOD TIME SUCH LAWS , REGULATIONS OR ADMINISTRATIVE PROVISIONS AS MAY BE NECESSARY FOR THE ORGANIZATION AND CARRYING OUT OF THE SURVEY AND SHALL INFORM THE COMMISSION THEREOF .
ARTICLE 6
MEMBER STATES SHALL COMMUNICATE THE RESULTS OF THE SURVEY TO THE COMMISSION BY 31 DECEMBER 1967 AT THE LATEST . THEY SHALL ASSIST THE COMMISSION IN COMPARING AND INTERPRETING THOSE RESULTS .
ARTICLE 7
BEFORE 30 JUNE 1968 THE COMMISSION SHALL PLACE BEFORE THE COUNCIL A REPORT ON THE RESULTS OF THE SURVEY , TOGETHER WITH A STUDY ON THE COVERING OF INFRASTRUCTURE COSTS .
THE REPORT SHALL BE ACCOMPANIED BY PROPOSALS FOR THE INTRODUCTION OF A PERMANENT STANDARD ACCOUNTING SYSTEM IN RESPECT OF REVENUE AND EXPENDITURE RELATING TO TRANSPORT INFRASTRUCTURE .
ARTICLE 8
THIS DECISION IS ADDRESSED TO THE MEMBER STATES .
DONE AT BRUSSELS , 22 JUNE 1964 .
FOR THE COUNCIL
THE PRESIDENT
A . BERTRAND |
Council Directive 64/428/EEC of 7 July 1964 concerning the attainment of freedom of establishment and freedom to provide services in respect of activities of self- employed persons in mining and quarrying (ISIC Major Groups 11-19)
Official Journal 117 , 23/07/1964 P. 1871 - 1880
Finnish special edition: Chapter 6 Volume 1 P. 0025
Danish special edition: Series I Chapter 1963-1964 P. 0142
Swedish special edition: Chapter 6 Volume 1 P. 0025
English special edition: Series I Chapter 1963-1964 P. 0151
Greek special edition: Chapter 06 Volume 1 P. 0041
Spanish special edition: Chapter 06 Volume 1 P. 0046
Portuguese special edition Chapter 06 Volume 1 P. 0046
COUNCIL DIRECTIVE of 7 July 1964 concerning the attainment of freedom of establishment and freedom to provide services in respect of activities of self-employed persons in mining and quarrying (ISIC Major Groups 11-19) (64/428/EEC)
THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY,
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 54 (2) and (3) and 63 (2) and (3) thereof;
Having regard to the General Programme for the abolition of restrictions on freedom of establishment, 1 and in particular Title IV A thereof;
Having regard to the General Programme for the abolition of restrictions on freedom to provide services, 2 and in particular Title V C thereof;
Having regard to the proposal from the Commission;
Having regard to the Opinion of the European Parliament 3;
Having regard to the Opinion of the Economic and Social Committee 4;
Whereas the General Programmes provide for the introduction of freedom of establishment and freedom to provide services in mining and quarrying by the end of the second year of the second stage ; whereas what is involved is the right to take up and pursue activities relating to mineral production ; whereas effective liberalisation of the activities covered by this Directive requires liberalisation of the sale of their products by the industries in question, including retail sales, but in such a way as to avoid causing any disturbance of the conditions of competition in retail trade, which is to be liberalised under a later Directive;
Whereas wholesale trade activities in respect of such products have been liberalised by another Directive, with the exception, however, of wholesale trade in coal, which for the time being is excluded from liberalisation;
Whereas, since the adoption of the General Programmes, the EEC has drawn up its own nomenclature of industrial activities, entitled "Nomenclature of Industries in the European Communities" (NICE) ; whereas this nomenclature, which contains references to national nomenclatures, is, while following the same decimal classification, better adapted to the needs of the Member States of the Community than the ISIC nomenclature (International Standard Industrial Classification of all Economic Activities) ; whereas the NICE nomenclature should therefore be used for the classification of the activities to be liberalised in cases where a Directive covers a large number of activities and it is necessary, in order to facilitate implementation of the Directive in question, to list such activities in detail, provided that this will not have the effect of altering the timetable laid down in the General Programmes, which was drawn up on the basis of the ISIC nomenclature ; whereas in the present case adoption of the NICE nomenclature cannot have such effect;
Whereas the Treaty establishing the European Coal and Steel Community contains no provisions regarding freedom of establishment or freedom to provide services ; whereas, therefore, liberalisation of the activities covered by this Directive comes entirely under the provisions of the Treaty establishing the European Economic Community;
Whereas the General Programme for the abolition of restrictions on freedom of establishment provides that restrictions on the right to join professional or trade organisations must be abolished where the professional activities of the person concerned necessarily involve the exercise of this right;
Whereas, for the purposes of applying measures concerning right of establishment and freedom to 1 OJ No 2, 15.1.1962, p. 36/62. 2 OJ No 2, 15.1.1962, p. 32/62. 3 OJ No 182, 12.12.1963, p. 2898/63. 4 OJ No 117, 23.7.1964, p. 1878/64. provide services, companies or firms are to be treated in the same way as natural persons who are nationals of Member States, subject only to the conditions laid down in Article 58 and, where necessary, to the condition that there should exist a real and continuous link with the economy of a Member State ; whereas therefore no company or firm may be required, in order to obtain the benefit of such measures, to fulfil any additional condition, and in particular no company or firm may be required to obtain any special authorisation not required of a domestic company or firm wishing to pursue a particular economic activity ; whereas, however, such uniformity of treatment should not prevent Member States from requiring that a company having a share capital should operate in their countries under the description by which it is known in the law of the Member State under which it is constituted, and that it should indicate the amount of its subscribed capital on the business papers which it uses in the host Member State;
Whereas the position of paid employees accompanying a person providing services or acting on his behalf will be governed by the provisions laid down in pursuance of Articles 48 and 49 of the Treaty;
HAS ADOPTED THIS DIRECTIVE:
Article 1
Member States shall abolish, in respect of the natural persons and companies or firms covered by Title I of the General Programmes for the abolition of restrictions on freedom of establishment and freedom to provide services (hereinafter called "beneficiaries"), the restrictions referred to in Title III of those General Programmes affecting the right to take up and pursue the activities specified in Article 2 of this Directive.
Article 2
1. The provisions of this Directive shall apply to activities of self-employed persons in the mining and quarrying industries, as listed within Major Groups 11-19 in Annex I to the General Programme for the abolition of restrictions on freedom of establishment.
Such activities correspond to those listed within Major Groups 11-19 of the Nomenclature of Industries in the European Communities (NICE), which takes into account the particular structure of the European mining and quarrying industries ; the activities in question are set out in the Annex to this Directive.
2. The activities in question are those whose purpose is the extraction of minerals which occur in nature as solids, liquids or gases. They include the working of underground and open-cast mines, quarries and oil wells and all related operations necessary for dressing and enriching ores and other crude minerals, such as breaking, crushing, washing, cleaning and grading, where such operations are carried out by an undertaking whose main activity is the extraction of minerals. Such activities include exploration for minerals and preparation of sites before extraction.
3. The provisions of this Directive shall apply also to the sale of their own products, whether wholesale or retail, by producers. However, where activities of self-employed persons in respect of trade of the products in question have not been liberalised by other Directives, such activities shall be restricted to selling in a single establishment in the country of production.
Article 3
In accordance with the General Programmes the provisions of this Directive shall not apply to prospecting and drilling activities in respect of crude oil and natural gas where such activities are not carried out by the holder of the production licence.
Article 4
1. Member States shall in particular abolish the following restrictions: (a) those which prevent beneficiaries from establishing themselves or providing services in the host country under the same conditions and with the same rights as nationals of that country;
(b) those existing by reason of administrative practices which result in treatment being applied to beneficiaries that is discriminatory in comparison with that applied to nationals;
(c) those which, as a result of rules or practices, prevent beneficiaries from being granted licences or authorisations, or subject beneficiaries to restrictions or to conditions imposed on them alone;
(d) those which exclude beneficiaries from pursuing an activity within a professional or trade organisation.
2. The restrictions to be abolished shall include in particular those arising out of measures which prevent or limit establishment or provision of services by beneficiaries by the following means: (a) in the Federal Republic of Germany - the requirement that, for the purpose of soliciting in person the custom of other persons in connection with their business activities, a person shall hold an itinerant trader's card (Reisegewerbekarte) (Gewerbeordnung, paragraph 55d ; Verordnung of 30 November 1960);
- the requirement that any foreign legal person wishing to pursue professional or trade activities on Federal territory must obtain special authorisation (Gewerbeordnung, paragraph 12 ; Aktiengesetz, paragraph 292);
(b) in Belgium - the obligation to hold a carte professionelle (Arrêté royal No 62 of 16 November 1939 and Arrêté ministériel of 17 December 1945);
(c) in France - the requirement that any person wishing to pursue an activity in the extractive industries shall hold a carte d'identité d'étranger commerçant (Décret-loi of 12 November 1938, Décret of 2 February 1939);
- the requirement, in connection with the grant of a mining licence for substances other than solid mineral fuels and potassium salts, that the following persons be of French nationality; (i) the chairman of the Board of Directors (Conseil d'administration), the managing director (Directeur général), the auditors (Commissaires aux comptes) and at least two-thirds of the members of the Board of Directors, in the case of a société anonyme;
(ii) the managers (gérants) and two-thirds of the members of the Supervisory Board (Conseil de surveillance), in the case of a société en commandite par actions;
(iii) the managers (gérants) and those members who are personally liable as managers (associés en nom), in the case of a société en commandite simple;
(iv) all the members, in the case of a société en nom collectif;
(v) the member-managers (associés-gérants) and at least two-thirds of the members of the Supervisory Board (Conseil de surveillance), in the case of a société à responsabilité limité ; all the members where there is no Supervisory Board;
- the requirement that persons authorised to sign on behalf of the above companies or firms be of French nationality;
- the requirement that, subject to any exception authorised by décret, all commercial companies or firms holding any licence or sublicence be formed under French law (Décret of 6 October 1955 - No 55-1349 ; Décret of 17 July 1956 - No 56-715, Articles 25 et seq. of the Code minier);
(d) in Italy - the requirement that persons wishing to bid in open competition for exploitation rights in respect of oil or natural gas shall, in the case of natural persons, be of Italian nationality or, in the case of companies or firms, have their registered office (sede sociale) in Italy (Law No 6 of 11 January 1957, Article 2).
Article 5
No Member State shall grant to any of its nationals who go to another Member State for the purpose of pursuing any activity referred to in Article 2 any aid liable to distort the conditions of establishment.
Article 6
1. Where a host Member State requires of its own nationals wishing to take up any activity referred to in Article 2 proof of good repute and proof that they have not previously been declared bankrupt, or proof of either one of these, that State shall accept as sufficient evidence, in respect of nationals of other Member States, the production of an extract from the "judicial record" or, failing this, of an equivalent document issued by a competent judicial or administrative authority in the country of origin or the country whence the foreign national comes showing that these requirements have been met.
2. Where the country of origin or the country whence the foreign national comes does not issue such documentary proof of no previous bankruptcy, such proof may by replaced by a declaration on oath made by the person concerned before a judicial or administrative authority, a notary, or a compentent professional or trade body, in the country of origin or in the country whence that person comes.
3. Documents issued in accordance with paragraph 1 or with paragraph 2 may not be produced more than three months after their date of issue.
4. Member States shall, within the time limit laid down in Article 7, designate the authorities and bodies competent to issue these documents and shall forthwith inform the other Member States and the Commission thereof.
5. Where the issue of any authorisation is subject to proof of technical competence, the host Member State in question shall take account of work performed outside its territory as if it were work performed within its territory.
Similarly, where in the host country proof of financial standing is required, that State shall regard certificates issued by banks in the country of origin or in the country whence the foreign national comes as equivalent to certificates issued in its own territory.
Article 7
Member States shall adopt the measures necessary to comply with the provisions of this Directive within six months of its notification and shall forthwith inform the Commission thereof.
Article 8
This Directive is addressed to the Member States.
Done at Brussels, 7 July 1964.
For the Council
The President
Kurt SCHMÜCKER
ANNEX |
Regulation No 99/64/EEC of the Commission of 24 July 1964 on procedures for implementing decisions by the Guidance Section of the EAGGF to grant aid
Official Journal 126 , 05/08/1964 P. 2119 - 2121
Finnish special edition: Chapter 3 Volume 1 P. 0099
Danish special edition: Series I Chapter 1963-1964 P. 0186
Swedish special edition: Chapter 3 Volume 1 P. 0099
English special edition: Series I Chapter 1963-1964 P. 0198
Greek special edition: Chapter 03 Volume 1 P. 0146
Spanish special edition: Chapter 03 Volume 1 P. 0117
Portuguese special edition Chapter 03 Volume 1 P. 0117
REGULATION No 99/64/EEC OF THE COMMISSION of 24 July 1964 on procedures for implementing decisions by the Guidance Section of the EAGGF to grant aid
THE COMMISSION OF THE EUROPEAN ECONOMIC COMMUNITY,
Having regard to Council Regulation No 17/64/EEC of 5 February 1964 on the conditions for granting aid from the European Agricultural Guidance and Guarantee Fund, 1 and in particular Article 22 (3) thereof;
Whereas the supporting documents relating to projects which receive aid from the Fund will be transmitted by an authority or body appointed by the Member State and whereas the role of such authority or body should be defined;
Whereas to ensure effective supervision of the actions or work, provision should be made for transmission to the Commission of a statement describing the supporting documents drawn up in accordance with the laws or regulations of the Member State concerned or with the measures adopted by the above-mentioned authority or body;
Whereas, for projects the completion of which requires more than one year, the Commission should be supplied with a progress report on the actions or work;
Whereas, for the payment of a subsidy or an instalment thereof, provision should be made for a certificate enabling the Commission to ascertain in particular the stage which the project has reached;
Whereas if the Commission considers that the documents regularly supplied by the authority or body are not adequate, or if it considers that the contents of those documents are incomplete as regards the verification of the financial or other conditions laid down for the projects, it may request the authority or body to submit supporting or additional documents;
Whereas provision must be made for co-operation between the Commission and the Member State concerned where there is inspection on the spot, in order to make it more effective;
Whereas it is advisable not to initiate the procedure for suspending, reducing or discontinuing aid from the Fund without first notifying the Member State concerned -which can then state its views,- consulting the authority or body responsible for transmitting the supporting documents, and giving the beneficiaries an opportunity to submit their comments;
Whereas since subsidies from the Fund are granted to the beneficiary through a body appointed by the Member State, the role of such a body should be defined;
Whereas, as regards the financial provisions currently applicable to the Fund, the payment of subsidies or of instalments thereof takes place when the conditions laid down for payment are fulfilled;
Whereas the measures provided for in this Regulation are in accordance with the Opinion of the Fund Committee;
HAS ADOPTED THIS REGULATION:
I. Role of the authority or body responsible for transmitting supporting documents
Article 1
The authority or body responsible for transmitting supporting documents under Article 22 (2) of Regulation No 17/64/EEC shall send to the 1 OJ No 34, 27.2.1964, p. 586/64. Commission within the three months following the decision committing the Fund financially, a detailed list of the supporting documents required.
Supporting documents shall mean any document, drawn up either in accordance with the laws or regulations of the Member State concerned or in accordance with measures adopted by the above-mentioned authority or body, suitable for the purpose of proving that the financial or other conditions laid down for each project have been fulfilled.
Article 2
The detailed list referred to in Article 1 shall contain: - the description of the supporting documents and the period envisaged for their receipt by the authority or body responsible for transmitting the supporting documents;
- the provisions or measures on the basis of which the supporting documents referred to in the second paragraph of Article 1 are drawn up;
- a brief description of the purpose and content of these documents.
Article 3
For action or work the completion of which requires more than one year, the authority or body shall transmit to the Commission, before 1 September each year, a progress report on the action or work.
Article 4
Upon the completion of a project, or while it is being carried out, if a decision committing the Commission financially prescribes payment by instalment in accordance with Article 17 (1) of Regulation No 17/64/EEC, the authority or body shall transmit to the Commission a document showing that the conditions required for payment have been fulfilled and including: (a) a certificate showing the stage which the project has reached and establishing that the body is in possession of all the supporting documents referred to in Article 2 which are necessary for the payment of the subsidy or of the requested instalment of the subsidy;
(b) a brief description of the contents of the supporting documents in its possession, unless certified copies are attached.
Article 5
1. At the request of the Commission, the authority or body shall transmit to it within a period of one month the supporting documents in its possession referred to in Article 4 (b) or certified copies.
2. At the request of the Commission and within such period as it may determine, the authority or body shall transmit to the Commission a document containing all the information which it requires on the stage which the project has reached.
3. In order to ensure an effective check on the way in which the project is being carried out, the authority or body shall draw up, and then transmit to the Commission, at its request and within such period as it may determine, supporting documents or papers other than those laid down in Articles 2 and 4 suitable for the purpose of proving that the financial or other conditions laid down for each project have been fulfilled.
II. Inspection on the spot
Article 6
If, during the period of intervention by the Fund, the Commission considers it necessary to carry out an inspection on the spot, it shall give prior notice thereof to the Member State on whose territory it intends to make the inspection and shall invite that Member State to participate.
III. Suspension, reduction, discontinuation of aid from the Fund
Article 7
Before initiating the procedure for suspending, reducing or discontinuing aid from the Fund laid down in the second subparagraph of Article 22 (2) of Regulation No 17/64/EEC, the Commission shall: - notify the Member State on whose territory the project was to be carried out, and that Member State may then state its views;
- consult the authority or body responsible for transmitting the supporting documents;
- give the beneficiary or beneficiaries an opportunity to submit, through the authority or body, the reasons for the non-fulfilment of the conditions laid down.
IV. Role of the intermediary body or bodies through which payment is to be made
Article 8
1. When the Commission has ascertained that the financial or other conditions laid down for the project have been fulfilled, it shall pay the subsidy from the Fund, or the instalment of the subsidy if payment is to be made by instalment, to the beneficiary in accordance with Article 22 (1) of Regulation No 17/64/EEC.
2. The intermediary body shall pay the subsidy to the beneficiary without delay and shall supply proof thereof to the Commission within fifteen days.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 July 1964.
For the Commission
The President
Walter HALLSTEIN |
Council Directive 64/223/EEC of 25 February 1964 concerning the attainment of freedom of establishment and freedom to provide services in respect of activities in wholesale trade
Official Journal 056 , 04/04/1964 P. 0863 - 0869
Finnish special edition: Chapter 6 Volume 1 P. 0013
Danish special edition: Series I Chapter 1963-1964 P. 0115
Swedish special edition: Chapter 6 Volume 1 P. 0013
English special edition: Series I Chapter 1963-1964 P. 0123
Greek special edition: Chapter 06 Volume 1 P. 0028
Spanish special edition: Chapter 06 Volume 1 P. 0030
Portuguese special edition Chapter 06 Volume 1 P. 0030
COUNCIL DIRECTIVE of 25 February 1964 concerning the attainment of freedom of establishment and freedom to provide services in respect of activities in wholesale trade (64/223/EEC)
THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY,
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 54 (2) and (3) and 63 (2) and (3) thereof;
Having regard to the General Programme for the abolition of restrictions on freedom of establishment, 1 and in particular Title IV A thereof;
Having regard to the General Programme for the abolition of restrictions on freedom to provide services, 2 and in particular Title V C thereof;
Having regard to the proposal from the Commission;
Having regard to the Opinion of the European Parliament 3;
Having regard to the Opinion of the Economic and Social Committee 4;
Whereas the General Programmes provide for the abolition, before the end of the second year of the second stage, of all discriminatory treatment based on nationality with regard to establishment and provision of services in wholesale trade;
Whereas wholesale trade in medicinal and pharmaceutical products and wholesale trade in coal are not covered by the provisions of this Directive ; whereas, in accordance with the General Programmes, those activities will be liberalised at a later date;
Whereas this Directive does not apply to wholesale trade in toxic products or pathogens either ; whereas it has become evident that in respect of these activities, having regard to the provisions laid down by law, regulation or administrative action in force in the Member States, special problems arise concerning the protection of public health;
Whereas the General Programme for the abolition of restrictions on freedom of establishment provides that restrictions on the right to join professional or trade organisations must be abolished where the professional activities of the person concerned necessarily involve the exercise of this right;
Whereas the position of paid employees accompanying a person providing services or acting on his behalf will be governed by the provisions laid down in pursuance of Articles 48 and 49 of the Treaty;
Whereas separate Directives, applicable to all activities of self-employed persons, concerning provisions relating to the entry and residence of beneficiaries, and where necessary Directives on the co-ordination of the safeguards required by Member States of companies or firms for the protection of the interests of members and of others, will be adopted;
Whereas, for the purposes of applying measures concerning right of establishment and freedom to provide services, companies and firms are to be treated in the same way as natural persons who are nationals of Member States, subject only to the conditions laid down in Article 58 and, where necessary, to the condition that there should exist a real and continuous link with the economy of a Member State ; whereas therefore no company or firm may be required, in order to obtain the benefit of such measures, to fulfil any additional condition, and in particular no company or firm may be required to obtain any special authorisation not required of a domestic company or firm wishing to pursue a particular economic activity ; whereas, however, such uniformity of treatment should not prevent Member States from requiring that a company having a share capital should operate in their countries under the description by which it is 1 OJ No 2, 15.1.1962, p. 36/62. 2 OJ No 2, 15.1.1962, p. 32/62. 3 OJ No 33, 4.3.1963, p. 466/63. 4 OJ No 56, 4.4.1964, p. 868/64. known in the law of the Member State under which it is constituted, and that it should indicate the amount of its subscribed capital on the business papers which it uses in the host Member State;
Whereas, moreover, in some Member States wholesale trade in certain products is governed by rules relating to the taking up of that trade, while other States will, where necessary, adopt such rules ; whereas, therefore, certain transitional measures, designed to make it easier for nationals of other Member States to take up and pursue activities in wholesale trade, are the subject of a separate Directive;
HAS ADOPTED THIS DIRECTIVE:
Article 1
Member States shall abolish, in respect of natural persons and companies or firms covered by Title I of the General Programmes for the abolition of restrictions on freedom of establishment and freedom to provide services (hereinafter called "beneficiaries"), the restrictions referred to in Title III of those General Programmes affecting the right to take up and pursue the activities specified in Article 2 of this Directive.
Article 2
1. The provisions of this Directive shall apply to activities of self-employed persons in wholesale trade, with the exception of wholesale trade in medicinal and pharmaceutical products, in toxic products and pathogens and in coal (ex Group 611).
2. For the purposes of this Directive, "wholesale trade activities" means activities pursued by any natural person, or company or firm, who habitually and by way of trade buys goods in his own name and on his own account and resells such goods to other wholesale or retail traders, or to processors, or to professional, trade or large-scale users.
The goods may be resold either in the unaltered state or after such processing, treatment or preparation for sale as is customary in wholesale trade.
Wholesale trade activities may be carried on by way of domestic, export, import or transit trade.
Article 3
1. Member States shall in particular abolish the following restrictions: (a) those which prevent beneficiaries from establishing themselves or providing services in the host country under the same conditions and with the same rights as nationals of that country;
(b) those existing by reason of administrative practices which result in treatment being applied to beneficiaries that is discriminatory in comparison with that applied to nationals.
2. The restrictions to be abolished shall include in particular those arising out of measures which prevent or limit establishment or provision of services by beneficiaries by the following means: (a) in the Federal Republic of Germany - the requirement that, for the purpose of soliciting in person the custom of other persons in connection with their business activities, a person shall hold an itinerant trader's card (Reisegewerbekarte) (Gewerbeordnung, paragraph 55d, version of 5 February 1960 [Bundesgesetzblatt Part I, p. 61, corrigendum, p. 92] ; Law of 30 November 1960 [Bundesgesetzblatt, Part I, p. 871]);
- the requirement that any foreign legal person wishing to pursue professional or trade activities on Federal territory must obtain special authorisation (Gewerbeordnung, paragraph 12, and Aktiengesetz, paragraph 292).
(b) in Belgium - The obligation to hold a carte professionnelle Arrêté royal No 62 of 16 November 1939, Arrêté ministériel of 17 December 1945, and Arrêté ministériel of 11 March 1954).
(c) in France - the obligation to hold a carte d'identité d'étranger commerçant (Décret-loi of 12 November 1938, Décret of 2 February 1939, Law of 8 October 1940, Law of 10 April 1954, Décret No 59-852 of 9 July 1959).
(d) in Luxembourg - the limited period of validity of authorisations granted to foreign nationals pursuant to Article 21 of the Luxembourg Law of 2 June 1962 (Mémorial A No 31 of 19 June 1962).
Article 4
1. Member States shall ensure that beneficiaries under this Directive have the right to join professional or trade organisations under the same conditions and with the same rights and obligations as their own nationals.
2. In the case of establishment, the right to join professional or trade organisations shall entail eligibility for election or appointment to high office in such organisations. However, such posts may be reserved for nationals where, in pursuance of any provision laid down by law or regulation, the organisation concerned is connected with the exercise of official authority.
3. In the Grand Duchy of Luxembourg, membership of the Chambre de commerce shall not give beneficiaries under this Directive the right to take part in the election of the administrative organs of that Chamber.
Article 5
No Member State shall grant to any of its nationals who go to another Member State for the purpose of pursuing any activity referred to in Article 2 any aid liable to distort the conditions of establishment.
Article 6
1. Where a host Member State requires of its own nationals wishing to take up any activity referred to in Article 2 proof of good repute and proof that they have not previously been declared bankrupt, or proof of either one of these, that State shall accept as sufficient evidence, in respect of nationals of other Member States, the production of an extract from the "judicial record" or, failing this, of an equivalent document issued by a competent judicial or administrative authority in the country of origin or the country whence the foreign national comes showing that these requirements have been met.
2. Where the country of origin or the country whence the foreign national comes does not issue such documentary proof of no previous bankruptcy, such proof may be replaced by a declaration on oath made by the person concerned before a judicial or administrative authority, a notary, or a competent professional or trade body, in the country of origin or in the country whence that person comes.
3. Documents issued in accordance with paragraph 1 or with paragraph 2 may not be produced more than three months after their date of issue.
4. Member States shall, within the time limit laid down in Article 7, designate the authorities and bodies competent to issue these documents and shall forthwith inform the other Member States and the Commission thereof.
Article 7
Member States shall adopt the measures necessary to comply with this Directive within six months of its notification and shall forthwith inform the Commission thereof;
Article 8
This Directive is addressed to the Member States.
Done at Brussels, 25 February 1964.
For the Council
The President
H. FAYAT |
64/390/EEC: Council Decision of 22 June 1964 amending the Rules of the Transport Committee
Official Journal 102 , 29/06/1964 P. 1602 - 1602
Danish special edition: Series I Chapter 1963-1964 P. 0136
English special edition: Series I Chapter 1963-1964 P. 0145
Greek special edition: Chapter 07 Volume 1 P. 0034
Spanish special edition: Chapter 07 Volume 1 P. 0060
Portuguese special edition Chapter 07 Volume 1 P. 0060
COUNCIL DECISION of 22 June 1964 amending the Rules of the Transport Committee (64/390/EEC)
THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY,
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 83 and 153 thereof;
Having regard to the Opinion of the Commission;
Whereas it is necessary to improve the working of the Transport Committee provided for in Article 83 of the Treaty and to amend to this end the Rules of that Committee, which Rules were laid down by a Council Decision of 15 September 1958 1;
HAS DECIDED AS FOLLOWS:
Sole Article
The Rules of the Transport Committee shall be amended as follows: A. The following sentence shall be added to the first paragraph of Article 4:
"Save for the cases specified in the two following paragraphs, Committee members and their alternates shall remain in office until replaced."
B. The following article shall be added after Article 5:
"Article 5a
After expiry of the term of office of the Chairman and Vice-Chairman, the chair shall be taken, until the election provided for in Article 5, by the oldest of the members referred to in the first paragraph of that Article."
Done at Brussels, 22 June 1964.
For the Council
The President
A. BERTRAND
1 OJ No 25, 27.11.1958, p. 509/58. |
63/2/Euratom: Council Decision of 14 May 1962 determining the appointing authority for the Secretariat of the Councils
Official Journal 005 , 16/01/1963 P. 0033 - 0033
Danish special edition: Series I Chapter 1963-1964 P. 0003
English special edition: Series I Chapter 1963-1964 P. 0003
Greek special edition: Chapter 01 Volume 1 P. 0085
Spanish special edition: Chapter 01 Volume 1 P. 0098
Portuguese special edition Chapter 01 Volume 1 P. 0098
COUNCIL DECISION of 14 May 1962 determining the appointing authority for the Secretariat of the Councils (63/2/Euratom)
THE COUNCIL OF THE EUROPEAN ATOMIC ENERGY COMMUNITY,
Having regard to Article 2 of the Staff Regulations of Officials and Article 6 of the Conditions of Employment of Other Servants of the Communities;
HAS DECIDED AS FOLLOWS:
Sole Article
The powers conferred by the Staff Regulations of Officials on the appointing authority and by the Conditions of Employment of Other Servants on the authority competent to conclude staff contracts shall, as far as the Secretariat of the Councils is concerned, be exercised: (a) by the Councils, for the appointment of the Secretary-General;
(b) by the Councils, on a proposal from the Secretary-General, for the application of Articles 1, 13, the second paragraph of Article 15, Articles 16, 22, 29, 30, 31, 32, 38, 41, 49, 50, 51, 78, 87, 88, 89 and 90 to servants in Grade 1 of Category A;
(c) by the Secretary-General in other cases. The Secretary-General is authorized to delegate his powers, in whole or in part, to the Director-General of Administration or, failing him, to the Director-General acting in his place, for the application of the Conditions of Employment of other servants and the application of the Staff Regulations to officials in Categories B, C and D, except, however, those powers which are conferred on him in respect of the appointment and termination of service of officials and the engagement of other servants.
Done at Brussels, 14 May 1962.
For the Council
The President
M. COUVE de MURVILLE |
ECSC High Authority: Décision No 20-63 of 11 December 1963 amending Décision No 31-53 of 2 May 1953 on the publication of price lists and conditions of sale applied by undertakings in the steel industry
Official Journal 187 , 24/12/1963 P. 2972 - 2973
Danish special edition: Series I Chapter 1963-1964 P. 0061
English special edition: Series I Chapter 1963-1964 P. 0068
Greek special edition: Chapter 08 Volume 1 P. 0044
Spanish special edition: Chapter 08 Volume 1 P. 0071
Portuguese special edition Chapter 08 Volume 1 P. 0071
Finnish special edition: Chapter 13 Volume 1 P. 0028
Swedish special edition: Chapter 13 Volume 1 P. 0028
DECISION No 20-63 of 11 December 1963 amending Decision No 31-53 of 2 May 1953 on the publication of price lists and conditions of sale applied by undertakings in the steel industry
THE HIGH AUTHORITY,
Having regard to Article 60 (2) (a) and Article 63 (2) of the Treaty;
Having regard to Decision No 31-53 of 2 May 1953 on the publication of price lists and conditions of sale applied by undertakings in the steel industry (Official Journal of the ECSC, 4 May 1953, p. 111 et seq.) and the decisions amending the same ; see, on this subject, the notice concerning the amended text of that Decision as now in force (Official Journal of the ECSC, 27 September 1957, p. 495 et seq.);
Whereas experience has shown that Decision No 30-53 whereby the High Authority specified which practices are prohibited by Article 60 (1) of the Treaty did not accurately and fully define the obligations of undertakings with regard both to their selling agencies and the middlemen acting on their behalf;
Whereas the High Authority consequently amended Decision No 30-53 by Decision 19-63 of 11 December 1963;
Whereas it is therefore necessary to adapt the provisions relating to the obligations to which undertakings are subject as regards publication of prices and conditions of sale so that they are in line with the rules as amended by Decision No 19-63;
Whereas in so far as they market their products through selling agencies, steel undertakings are required to ensure that those selling agencies publish their price lists and conditions of sale in accordance with the provisions of Decision No 31-53 ; whereas, however, undertakings are authorised to refer to the price lists of their selling agencies instead of publishing their own price lists, and vice versa;
Whereas the same rules should apply also to middlemen acting in their own names, but distributing the products of undertakings on behalf of those undertakings (commission agents, agents for goods on consignment);
After consulting the Consultative Committee;
DECIDES:
Article 1
Article 1 of Decision No 31-53 shall be amended to read as follows:
"(1) Undertakings in the steel industry shall publish their price lists and conditions of sale in accordance with the provisions of this Decision.
(2) Undertakings which use selling agencies (Article 1 (2) of Decision No 30-53) for the marketing of their products, shall ensure that those selling agencies publish price lists and conditions of sale in accordance with the provisions of this Decision.
(3) Undertakings in the steel industry may, under the conditions laid down in Article 4, specify that their products are sold on the basis of the price lists and conditions of sale of their selling agency. The selling agency may likewise specify that products are sold on the basis of the price lists and conditions of sale of the undertaking.
(4) Iron ore undertakings shall remain subject to the provisions of Decision No 4-53 of 12 February 1953."
Article 2
Article 5 of Decision No 31-53 shall be amended to read as follows:
"(1) Undertakings and their selling agencies shall require middlemen who sell in their own name but on behalf of the said undertakings and selling agencies (commission agents, agents for goods on consignment) to comply, as regards price lists and conditions of sale published by them, with the rules laid down in this Decision.
(2) Where such middlemen do not publish price lists and conditions of sale, they may discharge their obligation by specifying, under the conditions laid down in Article 4, that the price lists and conditions of sale applied by undertakings or their selling agencies, in accordance with this Decision, also apply to sales made by them.
(3) Undertakings shall be held liable for any infringement of the foregoing obligations by such middlemen."
Article 3
Article 6 below shall be inserted after Article 5 of Decision No 31-53:
"(1) Undertakings and their selling agencies shall frame their conditions of sale in such a way that their customers (dealers) are under an obligation, in the case of resale in the unaltered state otherwise than by sale ex depot, to ensure that their price lists and conditions of sale comply with the rules laid down in this Decision.
(2) In so far as customers (dealers) do not include in their lists their own prices and conditions of sale, they may discharge their obligation by indicating under the conditions laid down in Article 4, those items of the price lists and conditions of sale applied by the producer undertakings in accordance with this Decision, which apply to sales made by them."
Article 4
Article 6 of Decision No 31-53, as adopted on 2 May 1963, is hereby repealed.
Article 5
This Decision shall be published in the Official Journal of the European Communities. It shall enter into force on 20 January 1964.
The text of Decision No 31-53, as amended by this Decision, shall be published in the form of a Communication in the Official Journal of the European Communities.
This Decision was considered and adopted by the High Authority at its meeting on 11 December 1963.
For the High Authority
The President
Dino DEL BO |
Regulation No 18/63/EEC of the Council of 26 February 1963 amending Articles 108 and 109 of the Staff Regulations of Officials of the European Economic Community and the European Atomic Energy Community
Official Journal 035 , 06/03/1963 P. 0529 - 0530
Danish special edition: Series I Chapter 1963-1964 P. 0016
English special edition: Series I Chapter 1963-1964 P. 0018
REGULATION No 18/63/EEC OF THE COUNCIL of 26 February 1963 amending Articles 108 and 109 of the Staff Regulations of Officials of the European Economic Community and the European Atomic Energy Community
THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY,
Having regard to the Treaty establishing the European Economic Community and in particular Article 212 thereof;
Having regard to the Regulation No 31 (EEC) on the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Economic Community and the European Atomic Energy Community, 1 and in particular Articles 108 and 109 thereof;
Having regard to the proposals from the Commission of the European Economic Community and the Commission of the European Atomic Energy Community;
Having regard to the Opinion of the European Parliament 2;
Having regard to the Opinion of the Court of Justice of the European Communities;
Whereas it is for the Councils, acting by a qualified majority on a proposal from the Commissions and after consulting the other institutions concerned, to amend the Staff Regulations of Officials of the European Economic Community and the European Atomic Energy Community;
Whereas it is necessary to extend the term of validity of Articles 108 and 109 of the Staff Regulations;
HAS ADOPTED THIS REGULATION:
Sole Article
Articles 108 and 109 of the Staff Regulations of Officials of the European Economic Community and the European Atomic Energy Community shall be amended to read as follows:
"Article 108
During a period of fifteen months from the date when these Staff Regulations enter into force, vacancies or newly-created posts may be filled by the promotion of officials who do not fulfil the conditions laid down in Article 45.
No official shall be promoted under the above provision more than once in such period of fifteen months.
Article 109
Until such time as the Staff Committee is constituted, which must be not later than 1 July 1963, the functions of that Committee shall be exercised by the Interim Staff Committee elected by the persons who were in the employ of the Community before the Staff Regulations entered into force.
The functions of the Staff Regulations Committee shall during the same period be exercised by an Interim Staff Regulations Committee, consisting of one representative appointed by the Interim Staff Committee of each institution and one representative appointed by each institution."
This Regulation shall enter into force on 1 July 1962.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 February 1963.
For the Council
The President
Eugène SCHAUS
1 OJ No 45, 14.6.1962, p. 1385. 2 OJ No 33, 4.4.1963, p. 448. |
Council Directive 63/340/EEC of 31 May 1963 on the abolition of all prohibitions on or obstacles to payments for services where the only restrictions on exchange of services are those governing such payments
Official Journal 086 , 10/06/1963 P. 1609 - 1610
Danish special edition: Series I Chapter 1963-1964 P. 0028
English special edition: Series I Chapter 1963-1964 P. 0031
Spanish special edition: Chapter 06 Volume 1 P. 0022
Portuguese special edition Chapter 06 Volume 1 P. 0022
++++
( 1 ) OJ NO 2 , 15 . 1 . 1962 , P . 32/62 .
( 2 ) OJ NO 33 , 4 . 3 . 1963 , P . 474/63 .
COUNCIL DIRECTIVE OF 31 MAY 1963 ON THE ABOLITION OF ALL PROHIBITIONS ON OR OBSTACLES TO PAYMENTS FOR SERVICES WHERE THE ONLY RESTRICTIONS ON EXCHANGE OF SERVICES ARE THOSE GOVERNING SUCH PAYMENTS
( 63/340/EEC )
THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY ,
HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 63 AND 106 ( 2 ) THEREOF ;
HAVING REGARD TO THE GENERAL PROGRAMME FOR THE ABOLITION OF RESTRICTIONS ON FREEDOM TO PROVIDE SERVICES , ( 1 ) AND IN PARTICULAR THE FIRST PARAGRAPH OF TITLE V B THEREOF ;
HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ;
HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 2 ) ;
HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ;
WHEREAS MOST RESTRICTIONS ON PAYMENTS RELATING TO THE EXCHANGE OF SERVICES HAVE BEEN ABOLISHED BY MEMBER STATES AND IT IS THEREFORE APPROPRIATE TO COMPLETE AND CONSOLIDATE THIS LIBERALISATION WITHIN THE COMMUNITY ;
HAS ADOPTED THIS DIRECTIVE :
ARTICLE 1
MEMBER STATES SHALL ABOLISH THE RESTRICTIONS LAID DOWN BY LAWS , REGULATIONS OR ADMINISTRATIVE PROVISIONS OR RESULTING FROM ADMINISTRATIVE PRACTICE , IN RESPECT OF PAYMENT FOR THE EXCHANGE OF SERVICES WHERE THOSE RESTRICTIONS ALONE CAUSE THE PROVISION OF SERVICES WITHIN THE COMMUNITY TO BE PROHIBITED OR IMPEDED TO THE DETRIMENT OF NATIONALS OF MEMBER STATES OR OF COMPANIES OR FIRMS SPECIFIED IN TITLE I OF THE GENERAL PROGRAMME FOR THE ABOLITION OF RESTRICTIONS ON FREEDOM TO PROVIDE SERVICES . MEMBER STATES SHALL THEREFORE GRANT ALL FOREIGN EXCHANGE AUTHORISATIONS NEEDED FOR THE TRANSFER OF SUCH PAYMENTS ; MEMBER STATES SHALL ENABLE SUCH TRANSFERS TO BE MADE ON THE BASIS OF EXCHANGE RATES RULING FOR PAYMENTS ON CURRENT TRANSACTIONS .
ARTICLE 2
THIS DIRECTIVE SHALL NOT DEROGATE FROM THE RIGHT OF MEMBER STATES TO VERIFY THE NATURE AND GENUINENESS OF PAYMENTS AND TO TAKE ALL REQUISITE MEASURES TO PREVENT INFRINGEMENTS OF THEIR LAWS AND REGULATIONS .
ARTICLE 3
THIS DIRECTIVE SHALL APPLY TO THE SERVICES SPECIFIED IN ARTICLES 59 AND 60 OF THE TREATY .
IT SHALL NOT , HOWEVER , APPLY TO SERVICES IN CONNECTION WITH TRANSPORT OR TO FOREIGN EXCHANGE ALLOWANCES FOR TOURISTS .
ARTICLE 4
MEMBER STATES SHALL , WITHIN THREE MONTHS OF NOTIFICATION OF THIS DIRECTIVE , PUT INTO FORCE THE MEASURES REQUIRED TO COMPLY WITH ITS PROVISIONS AND SHALL FORTHWITH INFORM THE COMMISSION THEREOF .
ARTICLE 5
THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .
DONE AT BRUSSELS , 31 MAY 1963 .
FOR THE COUNCIL
THE PRESIDENT
EUGENE SCHAUS |
Regulation No 7/63/Euratom of the Council of 3 December 1963 on rules of procedure of the Arbitration Committee provided for in Article 18 of the Treaty establishing the European Atomic Energy Community
Official Journal 180 , 10/12/1963 P. 2849 - 2853
Danish special edition: Series I Chapter 1963-1964 P. 0051
English special edition: Series I Chapter 1963-1964 P. 0056
Greek special edition: Chapter 01 Volume 1 P. 0087
Spanish special edition: Chapter 12 Volume 1 P. 0081
Portuguese special edition Chapter 12 Volume 1 P. 0081
REGULATION No 7/63/EURATOM OF THE COUNCIL of 3 December 1963 on rules of procedure of the Arbitration Committee provided for in Article 18 of the Treaty establishing the European Atomic Energy Community
THE COUNCIL OF THE EUROPEAN ATOMIC ENERGY COMMUNITY,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 18 thereof;
Having regard to the proposal from the Court of Justice;
Whereas it is for the Council, acting on a proposal from the Court of Justice, to lay down the rules of procedure of the Arbitration Committee;
Whereas, when establishing the way in which the Arbitration Committee should be organised and operate and the procedure to be followed in Committee, it is important to encourage recourse to that Committee to settle any dispute which may arise when licences are granted;
Whereas, to this end, it is appropriate that the Arbitration Committee should consist of nationals of Member States having the legal or technical training or experience necessary for the proper functioning of the Committee in various fields ; whereas the Committee should sit in the form of arbitration boards consisting of a limited number of arbitrators ; whereas it should be possible to propose to the parties an arrangement by way of settlement at any stage of the procedure and such procedure should be free of charge;
Whereas the members of the Arbitration Committee should perform their duties with complete independence and should accordingly be immune from legal proceedings in respect of any action taken by them in their official capacity;
Whereas it is important to limit as far as possible the extent of the administrative machinery required for the proper functioning of the Arbitration Committee and the expenses arising therefrom, and to this end to attach to the Court of Justice the registry of the Committee;
HAS ADOPTED THIS REGULATION:
Composition of the Arbitration Committee
Article 1
Paragraph 1
The Arbitration Committee provided for in Article 18 of the Treaty establishing the European Atomic Energy Community (hereinafter called the "Committee") shall consist of a Chairman, two Vice-Chairmen and twelve other members who are nationals of the Member States of the Community, chosen from persons whose independence is beyond doubt and who possess the technical or legal knowledge required for the proper functioning of the Committee, and are appointed for six years by the Council of the European Atomic Energy Community (hereinafter called the "Council").
Members of the Committee must enjoy full rights of citizenship, and the Chairman and Vice-Chairmen must, in addition, possess the necessary legal knowledge and fulfil the conditions required in their respective countries for the exercise of judicial office.
When appointing members of the Committee, the Council shall satisfy itself that there is a proper balance between members having legal training or experience and those having technical training or experience.
Paragraph 2
The Court of Justice of the European Communities (hereinafter called the "Court") shall submit to the Council eighteen candidates for the posts of Chairman and Vice-Chairmen of the Committee, and thirty-six candidates for the other posts to be filled on the Committee.
Candidates who have not been appointed by the Council to the posts of Chairman and Vice-Chairmen of the Committee shall be considered as put forward for the other posts also.
Paragraph 3
The President of the Court shall, two months in advance, inform the Governments of the Member States of the date on which the Court intends to draw up the list of candidates to be submitted to the Council.
Paragraph 4
Members of the Court shall choose from the candidates put forward those to be proposed to the Council. The selection shall be made by secret ballot.
Candidates who obtain an absolute majority in the first ballot, or a simple majority in the second ballot, shall be proposed.
Paragraph 5
Each member appointed by the Council must let the Council know, within thirty days from his appointment, whether he accepts that appointment. Should he not reply or should he refuse it, the appointment shall be deemed never to have been made and the Council shall appoint another member.
Paragraph 6
Members' appointments shall be renewable.
Article 2
Paragraph 1
The Committee shall be constituted upon acceptance of office by all members who have been appointed.
Paragraph 2
When taking up their duties members of the Committee shall, before the Court and in open court, give a solemn undertaking to perform their duties impartially and conscientiously ; to preserve the secrecy of the deliberations ; and, both during and after their term of office, to respect the obligations arising therefrom, in particular the duty to behave with integrity and discretion as regards the discharge of certain duties or the acceptance of certain benefits.
Article 3
Members of the Committee shall be immune from legal proceedings in respect of acts performed by them in their official capacity, including words spoken or written. After they have ceased to hold office, they shall continue to enjoy this immunity.
The Court, sitting in plenary session, may waive this immunity.
Article 4
No member of the Committee may take part in the settlement of any case in which he has previously taken part as agent or adviser or has acted for one of the parties, or on which he has been called upon to pronounce as a member of a court or of a commission of inquiry or in any other capacity.
If, for some special reason, one of the members of the Committee considers that he should not take part in the judgment or examination of a particular case, he shall so inform his Chairman. If, for some special reason, the Chairman of the Committee considers that any member should not sit in a particular case, he shall notify that member accordingly.
Any difficulty arising as to the application of this Article shall be settled by decision of the Committee.
Article 5
Paragraph 1
Apart from replacement, or death, the duties of a member of the Committee shall end when he resigns.
Where a member resigns, his letter of resignation shall be addressed to the President of the Court for transmission to the President of the Council. A vacancy shall arise upon receipt of that letter by the President of the Council.
Save where paragraph 2 applies, every member shall continue to hold office until his successor takes up his duties.
Paragraph 2
Members of the Committee may be deprived of their office only if, in the unanimous opinion of the Judges and Advocates-general of the Court, they no longer fulfil the requisite conditions or meet the obligations arising from their office.
The Registrar of the Court shall notify the decision of the Court to the member concerned.
Where a decision deprives a member of the Committee of his office, a vacancy shall arise upon that notification.
Article 6
Paragraph 1
A member who is to replace another member whose term of office has not expired shall be chosen by the Council for the remainder of his predecessor's term from among the last candidates put forward by the Court under Article 1. The Council may, however, invite the court to put forward three additional candidates.
Paragraph 2
In the event of the absence or inability to attend of the Chairman of the Committee, his duties shall be discharged by the Vice-Chairman with the longest service or by the older of the two if the Vice-Chairmen have each served for an equal number of years.
Article 7
The Council shall, on a proposal from the Court, determine the payments to be made to members of the Committee.
Article 8
The Committee shall have its seat at the place where the Court has its seat. The arbitration board referred to in paragraph 1 of Article 10 may, by agreement with the parties, decide exceptionally to sit in any other place within the Community.
Article 9
The duties of the Registrar of the Committee shall be performed by an official of the Court whom the Court shall, by agreement with the Chairman of the Committee, appoint for this purpose. His duties shall be determined by the Committee on a proposal from the Chairman and shall be approved by the Court.
Appointment of arbitrators and choice of official languages
Article 10
Paragraph 1
Where a dispute is referred to the Committee, a copy of a special agreement between the parties, within the meaning of Articles 20 and 22 of the Treaty establishing the European Atomic Energy Community, shall be communicated to the Chairman of the Committee.
The Committee shall sit in the form of arbitration boards consisting of three arbitrators, namely the Chairman or one of the Vice-Chairmen and two members of this Committee. Each of the parties to the dispute shall choose one of those two members.
The Chairman of the Committee shall, in consultation with the Vice-Chairmen, share with them the work of arbitration in disputes in order to ensure that, for the benefit of the parties, the settlement of their disputes be expedited. There shall be as many arbitration boards as there are disputes. The Chairman and each of the Vice-Chairmen of the Committee may assume the chairmanship of more than one board at the same time and each of the other members may sit on more than one arbitration board at the same time.
Paragraph 2
Notwithstanding their duty to act in place of the Chairman of the Committee in the event of his absence or his inability to attend, the Vice-Chairmen shall preside over the arbitration boards as appointed by the Chairman of the Committee.
As soon as a dispute is brought before the Committee, the Chairman of the Committee shall act as Chairman of the arbitration board or shall appoint one of the Vice-Chairmen as Chairman of that board. The Chairman of the arbitration board shall then set each party a time limit not exceeding one month within which to name in writing the members of the Committee whom they have chosen as arbitrators.
The time limit provided for in the preceding subparagraph may, on a reasoned request from one of the parties, be extended for a like period by the Chairman of the arbitration board.
Where one of the parties fails to choose an arbitrator in due time, the appointment of such arbitrator shall be made by the President of the Court, at the request of the Chairman of the arbitration board.
Paragraph 3
In circumstances referred to in Article 4 or in any other instance where an arbitrator is prevented from taking part in proceedings, the party who appointed that arbitrator or who, in circumstances referred to in the fourth subparagraph of paragraph 2 of this Article, should have appointed him shall appoint another arbitrator within one month. The fourth subparagraph of paragraph 2 of this Article shall apply mutatis mutandis.
Paragraph 4
Where an arbitrator is replaced during the proceedings, action shall continue from the stage it had reached at the time when the vacancy occurred. However, where the newly-appointed arbitrator so requests, the oral proceedings shall be started again from the beginning.
Article 11
Paragraph 1
By way of derogation from Article 10, the parties may specify by special agreement that their dispute shall be submitted for decision either to one sole arbitrator chosen ad personam (the Chairman of the Committee, a Vice-Chairman or another member) or to an arbitration board consisting, in addition to its Chairman, of four members, each of the parties nominating two members.
Paragraph 2
The special agreement on arbitration shall specify the subjects in dispute, list the questions on which the arbitrators will have to adjudicate, and state the basis used by the parties in deciding the composition of the arbitration board.
Article 12
Proceedings shall be conducted in one of the official languages of the Community. The language for the proceedings shall be chosen by the proprietor of the patent, provisionally protected patent right, utility model or patent application.
The arbitration board may, however, at the request of one party and having heard the other party, authorise partial or full use of another official language as procedural language. Such request may not be made by the Commission of the EAEC.
Conciliation
Article 13
Paragraph 1
The arbitration board may at any stage of the proceedings suggest to the parties a conciliation arrangement.
In that event the arbitration board shall, at the conclusion of its inquiry, inform the parties either orally or in writing of the terms of the draft arrangement which it could recommend for acceptance by the parties, requesting them to decide thereon within a set period. It shall inform the parties either in writing or orally of the reasons which, in its opinion, favour acceptance.
Paragraph 2
If the parties accept the conciliation arrangement, a report giving the terms thereof shall be drawn up and signed by the Chairman of the arbitration board, the Registrar and the parties. A copy, signed by the Chairman of the board and the Registrar, shall be given to the parties. The Chairman of the arbitration board shall satisfy himself that the settlement is carried out by the parties. If the parties fail to carry out their obligations within the time limits provided for in the conciliation report, the arbitration board shall make its award.
Paragraph 3
If one party does not or both parties do not accept the arrangement and the arbitration board considers it useless to try to obtain the agreement of the parties to different terms, the case shall proceed to adjudication. The decision of the board shall then record that no conciliation between the parties could be achieved, but the decision shall not reproduce the terms of the proposed arrangement.
Proceedings
Article 14
The arbitration board shall decide whether there should be an exchange of written statements before oral hearings. In such event the chairman of the board shall determine the number of written statements and the time limits to be observed.
The Registrar shall communicate these time limits to the parties, who shall address their written statements to the Registrar ; the latter shall transmit the statements to the opposing party and shall prepare the file for arbitration.
The Chairman of the arbitration board shall fix the date and time for the first hearing. This information shall be given by the Registrar to the parties in good time.
Article 15
When, in a case coming under the first paragraph of Article 14, one of the parties does not submit its written statement or statements within the time limit fixed by the Chairman of the arbitration board, the latter shall nevertheless fix the date and time for the hearing.
If one of the parties, having been duly summoned, does not appear, the arbitration board may decide in favour of the submissions of the other party, after having satisfied itself that those submissions are well founded either in law or in fact. The arbitration board may also, where it considers this advisable, call for a further hearing.
Article 16
Each party may be represented or assisted by one adviser or more than one. Each party shall at the earliest possible time notify the Registrar of its intention in this matter, and the Registrar shall inform the opposing party thereof. The lodging by an adviser of either the special agreement or written statements shall take the place of such notification.
Article 17
Where the arbitration board considers it advisable, it may make an inspection ; the parties may be present thereat.
Article 18
The arbitration board shall decide how the proceedings shall be conducted and the duration thereof. The board shall appraise the evidence as it thinks fit.
Article 19
The hearing shall be conducted by the Chairman of the arbitration board. It may be conducted in public only if so decided by the arbitration board with the consent of the parties.
Minutes of each hearing shall be made and shall be signed by the Chairman of the arbitration board and by the Registrar.
Article 20
When the parties have finished explaining their cases, the hearing shall be declared closed.
Until an award has been made, however, the arbitration board shall be empowered to reopen the hearing where fresh evidence which may have a decisive influence on its opinion comes to light, or where, after a more thorough examination, it wishes to have certain points clarified.
Article 21
The deliberations of the arbitration board shall be and shall remain secret. All decisions of the arbitration board shall be taken by a majority vote.
Article 22
The arbitration award shall be drawn up in writing and bear the date of the day on which it is signed. It shall mention the names of the arbitrators and be signed by them ; it shall state the reasons on which it is based ; the special agreement to submit the matter to arbitration may, however, provide that the reasons for certain specific points shall not be given.
The arbitration board may decide that the award shall be read in open court, the parties being present or having been duly summoned.
The award shall be notified to the parties forthwith.
Article 23
In accordance with the Treaty establishing the European Atomic Energy Community and with general principles common to the laws of the Member States, the arbitration board shall decide ex aequo et bono.
Article 24
This Regulation shall be applicable in all cases, including those where, in accordance with Article 11 (1), the dispute is submitted to a sole arbitrator or to a board of arbitrators of five members.
Budgetary and financial provisions
Article 25
Proceedings before the Committee shall be free of charge. Costs incurred by the Committee, such as payments provided for in Article 7, expenses of the registry and other administrative expenses and in addition purely procedural expenses for the purpose of conciliation or of arbitration shall be charged to the operating budget of the European Atomic Energy Community in a separate chapter in Section IV relating to the Court.
Article 26
Expenses defined as recoverable in Article 73 of the Rules of Procedure of the Court shall be borne by the parties. If the parties have not agreed on expenses in a special agreement as referred to in Article 10 (1), the arbitration board shall decide on such expenses ex aequo et bono. The scale of charges provided for in Article 15 (5) of the Rules of Procedure of the Court shall be applicable.
Where there is any dispute as to recoverable expenses, the arbitration board to which the case was assigned shall adjudicate by means of an order, at the request of the party concerned, after having heard the comments of the other party.
Article 27
Expenses which a party has been obliged to incur for the purpose of enforcement shall be reimbursed by the other party in accordance with the scale of charges operative in the State where the enforcement takes place.
Final provisions
Article 28
This Regulation may, on a proposal from the Court, be revised and supplemented at any time after the Committee has commenced its duties. The Chairman of the Committee may transmit to the Court suggestions for amending or supplementing the rules of procedure contained in this Regulation.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 December 1963.
For the Council
The President
J.M.A.H. LUNS |
63/106/EEC: Council Decision on the conclusion of the Agreement establishing an Association between the European Economic Community and Greece /* Unofficial translation */
Official Journal 026 , 18/02/1963 P. 0293 - 0293
Danish special edition: Series II Volume I(1a) P. 0003
English special edition: Series II Volume I(1) P. 0003
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COUNCIL DECISION OF 25 SEPTEMBER 1961 ON THE CONCLUSION OF THE AGREEMENT ESTABLISHING AN ASSOCIATION BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND GREECE
( 63/106/EEC )
THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY ,
HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 238 THEREOF ;
HAVING REGARD TO THE AGREEMENT ESTABLISHING AN ASSOCIATION BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND GREECE , SIGNED AT ATHENS ON 9 JULY 1961 ;
HAVING CONSULTED THE EUROPEAN PARLIAMENT ON 19 SEPTEMBER 1961 ,
HAS DECIDED AS FOLLOWS :
ARTICLE 1
THE AGREEMENT ESTABLISHING AN ASSOCIATION BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND GREECE , ITS ANNEXES AND PROTOCOLS AND THE DECLARATIONS ANNEXED TO THE FINAL ACT , SIGNED AT ATHENS ON THE NINTH OF JULY ONE THOUSAND NINE HUNDRED AND SIXTY-ONE , ARE CONCLUDED , APPROVED AND CONFIRMED ON BEHALF OF THE COMMUNITY .
ARTICLE 2
THE PRESIDENT OF THE COUNCIL IS HEREBY AUTHORIZED TO ISSUE THE NOTIFICATION REFERRED TO IN THE SECOND PARAGRAPH OF ARTICLE 75 OF THE AGREEMENT OF ASSOCIATION .
DONE AT BRUSSELS , 25 SEPTEMBER 1961 .
FOR THE COUNCIL
THE PRESIDENT
MUELLER-ARMACK |
63/9/EEC: Council Decision of 14 May 1962 determining the appointing authority for the Secretariat of the Councils
Official Journal 005 , 16/01/1963 P. 0034 - 0034
Finnish special edition: Chapter 1 Volume 1 P. 0023
Danish special edition: Series I Chapter 1963-1964 P. 0004
Swedish special edition: Chapter 1 Volume 1 P. 0023
English special edition: Series I Chapter 1963-1964 P. 0004
Greek special edition: Chapter 01 Volume 1 P. 0086
Spanish special edition: Chapter 01 Volume 1 P. 0099
Portuguese special edition Chapter 01 Volume 1 P. 0099
COUNCIL DECISION of 14 May 1962 determining the appointing authority for the Secretariat of the Councils (63/9/EEC)
THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY,
Having regard to Article 2 of the Staff Regulations of Officials and Article 6 of the Conditions of Employment of Other Servants of the Communities;
HAS DECIDED AS FOLLOWS:
Sole Article
The powers conferred by the Staff Regulations of Officials on the appointing authority and by the Conditions of Employment of Other Servants on the authority competent to conclude staff contracts shall, as far as the Secretariat of the Councils is concerned, be exercised: (a) by the Councils for the appointment of the Secretary-General;
(b) by the Councils, on a proposal from the Secretary-General, for the application of Articles 1, 13, the second paragraph of Article 15, Articles 16, 22, 29, 30, 31, 32, 38, 41, 49, 50, 51, 78, 87, 88, 89 and 90 to servants in Grade 1 of Category A;
(c) by the Secretary-General in other cases. The Secretary-General is authorised to delegate his powers, in whole or in part, to the Director-General of Administration or, failing him, to the Director-General acting in his place, for the application of the Conditions of Employment of Other Servants and the application of the Staff Regulations to officials in Categories B, C and D, except, however, those powers which are conferred on him in respect of the appointment and termination of service of officials and the engagement of other servants.
Done at Brussels, 14 May 1962.
For the Council
The President
M. COUVE de MURVILLE |
ECSC High Authority: Decision No 23-63 of 11 December 1963 requiring Community iron and steel undertakings to make returns to the High Authority of the transactions in which they align their quotations on those of undertakings outside the Community
Official Journal 187 , 24/12/1963 P. 2976 - 2976
Danish special edition: Series I Chapter 1963-1964 P. 0067
English special edition: Series I Chapter 1963-1964 P. 0074
Greek special edition: Chapter 08 Volume 1 P. 0050
Spanish special edition: Chapter 08 Volume 1 P. 0077
Portuguese special edition Chapter 08 Volume 1 P. 0077
DECISION No 23-63 of 11 December 1963 requiring Community iron and steel undertakings to make returns to the High Authority of the transactions in which they align their quotations on those of undertakings outside the Community
THE HIGH AUTHORITY,
Having regard to Article 47 and to the last subparagraph of Article 60 (2) (b) of the Treaty;
Whereas under the last subparagraph of Article 60 (2) (b) Community undertakings may allow rebates on their list prices so as to align their quotations on those of undertakings outside the Community but must make returns of such transactions to the High Authority which, in the event of abuse, may restrict or abrogate the right of the undertakings concerned to benefit from this exception;
Whereas it has been found that there has been considerable delay in making such returns to the High Authority and that the information supplied has not allowed a valid assessment to be made ; whereas it is therefore necessary to require Community iron and steel undertakings to make returns of such transactions to the High Authority within three days of the making of the contract and to include certain particulars therein;
DECIDES:
Article 1
1. Iron and steel undertakings shall within three days of entering into any transaction in which they align their quotations on those of undertakings outside the Community make returns thereof to the High Authority.
2. Returns shall contain the following particulars: (a) Date of the contract;
(b) Products to be supplied, indicating tonnage, quality and dimensions;
(c) Country of destination of products to be supplied;
(d) Particulars of the non-Community undertaking's quotation, including date, country of origin, quantity and terms of payment;
(e) Delivered price of the non-Community undertaking's products at destination (duty-paid or duty-free, including or excluding taxes, temporary importation);
(f) The Community undertaking's own delivered price at destination;
(g) Agreed aligned price at destination;
(h) Difference from the Community undertaking's own delivered price, expressed as a percentage.
Article 2
This Decision shall be published in the Official Journal of the European Communities. It shall enter into force on 20 January 1964.
This Decision was considered and adopted by the High Authority at its meeting on 11 December 1963.
For the High Authority
The President
Dino DEL BO |
Council Directive 63/607/EEC of 15 October 1963 implementing in respect of the film industry the provisions of the General Programme for the abolition of restrictions on freedom to provide services
Official Journal 159 , 02/11/1963 P. 2661 - 2664
Finnish special edition: Chapter 6 Volume 1 P. 0008
Danish special edition: Series I Chapter 1963-1964 P. 0047
Swedish special edition: Chapter 6 Volume 1 P. 0008
English special edition: Series I Chapter 1963-1964 P. 0052
Greek special edition: Chapter 06 Volume 1 P. 0022
Spanish special edition: Chapter 06 Volume 1 P. 0025
Portuguese special edition Chapter 06 Volume 1 P. 0025
COUNCIL DIRECTIVE of 15 October 1963 implementing in respect of the film industry the provisions of the General Programme for the abolition of restrictions on freedom to provide services (63/607/EEC)
THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 63 (2) thereof;
Having regard to the General Programme for the abolition of restrictions on freedom to provide services, (1) and in particular Title V C (c) thereof;
Having regard to the proposal from the Commission;
Having regard to the Opinion of the European Parliament (2);
Having regard to the Opinion of the Economic and Social Committee (3);
Whereas the movement of films among Member States comes, as regards distribution and commercial exploitation, within the provisions of the General Programme for the abolition of restrictions on freedom to provide services;
Whereas the achievement of a common market in the film industry presents a number of problems which must be solved progressively during the transitional period ; whereas the abolition of restrictions on the importation of films represents only one aspect of the overall problem posed by the film industry;
Whereas the second subparagraph of Title V C (c) of the General Programme provides, in respect of the film industry, that bilateral quotas existing between Member States at the time of the entry into force of the Treaty shall be increased by one-third in those States where the importation of exposed and developed films for distribution and commercial exploitation is restricted;
Whereas, in order to ensure that this Directive is correctly applied, it is necessary to define the term "film" and to lay down common criteria for recognition of the nationality of films of Member States;
Whereas it is necessary to consolidate such liberalisation as has already been achieved with regard to distribution, commercial exploitation and trade in respect of films other than those subject to bilateral quotas;
HAS ADOPTED THIS DIRECTIVE:
Article 1
Persons entitled to the benefit of the measures adopted in pursuance of this Directive shall be those covered by Title I of the General Programme for the abolition of restrictions on freedom to provide services.
This Directive shall apply to films which satisfy the provisions of Article 2 and which, under Articles 3 and 4, are to be regarded as having the nationality of a Member State.
Article 2
For the purposes of this Directive, "film" means any copy which conforms to the master copy of a completed cinematographic work intended for public or for private exhibition and in which subsist all rights of commercial exploitation arising under international conventions or under other international arrangements.
Films shall be classified as follows: (a) full-length films : 35-mm films equal to or exceeding 1600 m in length; (1) OJ No 2, 15.1.1962, p. 32/62. (2) OJ No 33, 4.3.1963, p. 476/63. (3) OJ No 159, 2.11.1963, p. 2667/63.
(b) short films : 35-mm films less than 1600 m in length;
(c) newsreel films : 35-mm films equal to or exceeding 200 m in average length the purpose of which is to provide regular reports and filmed accounts of current affairs and events ; newsreel films in colour may be less than 200 m in length.
Lengths for films of other widths shall be such that their running times correspond to those of the films defined in (a), (b) and (c).
Article 3
For the purposes of this Directive, a film shall be regarded as having the nationality of a Member State where it satisfies the following conditions: (a) the film must be produced by an undertaking which satisfies the provisions of Title I of the General Programme for the abolition of restrictions on freedom to provide services;
(b) studio-filming must take place in studios situated in Community territory ; if the subject of the film requires the filming of outdoor scenes in a third country, up to 30 % of the studio-filmed scenes may be shot in the territory of that third country;
(c) the original version must be recorded in the language, or in one of the languages, of the Member State in question, except for any parts of the dialogue which the screenplay requires to be in another language ; where the film is recorded in more than one version, one of those versions must be in the language, or in one of the languages, of the Member State in question;
(d) the screenplay, adaptation, dialogue and, if specially composed for the film in question, musical score must be written or composed by persons who are nationals of the Member State in question or who come within its cultural domain;
(e) the director must be a national of the Member State in question or a person who comes within its cultural domain;
(f) the majority of the executants, that is to say of the following-principal players, executive producer, director of photography, sound engineer, editor, art director and wardrobe chief-must be nationals of the Member State in question or persons who come within its cultural domain.
Participation in the activities referred to in (d), (e) and (f) by nationals of other Member States, or by persons who come within the cultural domain of any such State, shall not preclude recognition of the nationality of a film where the Member State in question accords its nationality to that film. Neither shall participation in the activities referred to in (d) and (f) by nationals of third countries who are not persons coming within the cultural domain of a Member State preclude recognition of the nationality of a film where the Member State in question accords its nationality to that film provided that such nationals do not constitute more than two-fifths of the total of the persons participating in such activities. The same shall apply if the person referred to in (e) is a national of a third country who is not a person coming within the cultural domain of a Member State, provided that all the activities referred to in (d) and not less than four-fifths of the functions referred to in (f) are performed by nationals of Member States.
Article 4
By way of derogation from the provisions of Article 3, films shall be regarded as having the nationality of a Member State if they are made by producers from Member States as co-productions or in co-operation, with producers from third countries.
Films shall be regarded as being co-productions where they are made under the terms of reciprocal international agreements.
Films shall be regarded as being in co-operation with producers from one or more third countries where they are made with such producers by producers from one or more Member States in conformity with national laws.
In the case both of co-productions and of productions made in co-operation with other producers the artistic and technical contribution of the Member State or States shall be not less than 30 %.
Films covered by this Article shall be allowed to circulate freely for the purposes of distribution and commercial exploitation among all Member States.
Article 5
Member States shall not restrict in any way the importation, distribution and commercial exploitation of: (a) short films;
(b) newsreel films, subject to the right to maintain until the end of the transitional period any existing restrictions with regard to the distribution and commercial exploitation of newsreels containing items not intended for exhibition in more than one country;
(c) full-length films of documentary value, such as films of cultural, scientific, technical or industrial subjects, or instructional or educational films for young people, or films promoting the Community ideal.
Article 6
There shall be no restriction on the importation into, distribution in or commercial exploitation in, a Member State of full-length films having the nationality of another Member State and being for exhibition in the original version, with or without sub-titles in the language or one of the languages of the State in which they are to be exhibited.
Article 7
1. Where there are quota arrangements between Member States, such Member States shall allow the importation into, distribution in and commercial exploitation in, their territories of one another's films dubbed in the language of the State in which they are to be shown on the basis of existing quotas. Such quotas shall, from the date of implementation of this Directive, amount to not less than seventy films per film year.
2. The commercial exploitation of reissued films shall be subject to agreement between the competent authorities of the Member States concerned.
3. No Member State may introduce quotas for films, irrespective of their category, from other Member States in relation to which there are no existing quota restrictions.
Article 8
Authorisations granted in accordance with the provisions of the preceding Articles shall carry with them the right to import without restriction prints, dupes and advertising material.
Article 9
Nothing in this Directive shall affect the operation of rules applicable in a Member State to the exhibition of its own films or of films treated as such.
Article 10
No tax or measure having equivalent effect the application of or exemption from which might result in discrimination shall be imposed in respect of the granting of any authorisation for the importation, distribution or commercial exploitation of any film having the nationality of a Member State.
Article 11
Nothing in this Directive shall require the authorities of importing Member States to issue authorisations for the importation into and commercial exploitation in their territories of any film which is not accompanied by a certificate issued by the exporting Member State attesting to the nationality of that film, as determined in accordance with the provisions of Articles 3 and 4.
Article 12
Member States shall adopt the measures necessary to comply with this Directive within six months of its notification and shall forthwith inform the Commission thereof.
Article 13
This Directive is addressed to the Member States.
Done at Brussels, 15 October 1963.
For the Council
The President
L. de BLOCK |
Regulation No 80/63/EEC of the Commission of 31 July 1963 on quality inspection of fruit and vegetables imported from third countries
Official Journal 121 , 03/08/1963 P. 2137 - 2141
Danish special edition: Series I Chapter 1963-1964 P. 0035
English special edition: Series I Chapter 1963-1964 P. 0039
Greek special edition: Chapter 03 Volume 1 P. 0084
Spanish special edition: Chapter 03 Volume 1 P. 0068
Portuguese special edition Chapter 03 Volume 1 P. 0068
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( 1 ) OJ NO 30 , 20 . 4 . 1962 , P . 965 .
( 2 ) OJ NO 56 , 7 . 7 . 1962 , P . 1606 .
( 3 ) OJ NO 63 , 20 . 7 . 1962 , P . 1741 .
( 4 ) OJ NO 40 , 13 . 3 . 1963 , P . 685 .
REGULATION NO 80/63/EEC OF THE COMMISSION OF 31 JULY 1963 ON QUALITY INSPECTION OF FRUIT AND VEGETABLES IMPORTED FROM THIRD COUNTRIES
THE COMMISSION OF THE EUROPEAN ECONOMIC COMMUNITY ,
HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ;
HAVING REGARD TO COUNCIL REGULATION NO 23 ( 1 ) ON THE PROGRESSIVE ESTABLISHMENT OF A COMMON ORGANISATION OF THE MARKET IN FRUIT AND VEGETABLES , AND IN PARTICULAR ARTICLE 2 ( 2 ) THEREOF ;
WHEREAS ARTICLE 2 ( 2 ) OF COUNCIL REGULATION NO 23 LAYS DOWN THAT THE COMMISSION SHALL TAKE THE NECESSARY STEPS TO ENSURE THAT FRUIT AND VEGETABLES FROM THIRD COUNTRIES IMPORTED INTO MEMBER STATES CONFORM TO THE COMMON QUALITY STANDARDS OR TO STANDARDS WHICH ARE AT LEAST EQUIVALENT ;
WHEREAS TO ENSURE COMPLIANCE WITH SUCH STANDARDS BY THIRD COUNTRIES , THERE SHOULD BE QUALITY INSPECTION OF PRODUCTS PRIOR TO IMPORTATION ;
WHEREAS THE COMMON QUALITY STANDARDS ARE IN THE MAIN IDENTICAL WITH THOSE ESTABLISHED FOR EUROPE BY THE UNITED NATIONS ECONOMIC COMMISSION FOR EUROPE ; WHEREAS IT IS THEREFORE REASONABLE TO REQUIRE PRODUCTS FROM EUROPEAN THIRD COUNTRIES TO CONFORM TO THESE STANDARDS ;
WHEREAS THE SAME REQUIREMENT MAY BE EXTENDED TO IMPORTS FROM NON-EUROPEAN THIRD COUNTRIES IN THE MEDITERRANEAN BASIN , SINCE PRODUCTION CONDITIONS IN THESE COUNTRIES ARE COMPARABLE TO THOSE IN OTHER MEDITERRANEAN COUNTRIES ;
WHEREAS , TO AVOID MISTAKES AND ANY POSSIBILITY OF MALPRACTICE , IMPORTS FROM OTHER THIRD COUNTRIES MUST CONFORM TO THE COMMON QUALITY STANDARDS IF THE PACKAGES BEAR THE SAME MARKS OF QUALITY AS THOSE LAID DOWN IN THE COMMON QUALITY STANDARDS ;
WHEREAS IMPORTS FROM SUCH THIRD COUNTRIES ARE MAINLY PRODUCTS FALLING WITHIN A HIGHER QUALITY CLASS THAN CLASS II ; WHEREAS , THEREFORE , UNTIL SUCH TIME AS THE COMMISSION HAS DECIDED UPON THE EXACT EQUIVALENCE BETWEEN THE STANDARDS APPLIED IN SUCH THIRD COUNTRIES AND THE COMMON QUALITY STANDARDS , PRODUCTS FROM THIS SOURCE CAN BE IMPORTED UNDER THE QUALITY CLASSES IN FORCE IN THE EXPORTING COUNTRY PROVIDED THEY AT LEAST COMPLY WITH THE REQUIREMENTS FOR CLASS I OF THE COMMON QUALITY STANDARDS ; WHEREAS , IF PRODUCTS WITH THE CHARACTERISTICS OF CLASS II ARE IMPORTED , IT IS ESSENTIAL THAT CONSUMERS SHOULD NOT BE MISLED IN RESPECT OF THIS POORER QUALITY BY MARKS OF QUALITY WHICH DIFFER FROM THOSE USED IN THE COMMUNITY ;
WHEREAS , IN THE INTERESTS OF UNIFORMITY IN RESPECT OF QUALITY INSPECTION ON IMPORTATION INTO MEMBER STATES , THE TECHNICAL PROCEDURES TO BE FOLLOWED MUST BE LAID DOWN ;
WHEREAS THE CONDITIONS MUST BE LAID DOWN UNDER WHICH GOODS FOUND NOT TO CONFORM TO A GIVEN QUALITY CLASS MAY BE REFUSED ADMISSION ;
HAS ADOPTED THE PRESENT REGULATION :
ARTICLE 1
BEFORE PRODUCTS LISTED IN ANNEXES I A AND I B TO COUNCIL REGULATION NO 23 FROM THIRD COUNTRIES ARE ACCEPTED FOR IMPORTATION INTO MEMBER STATES , THEY SHALL BE SUBJECTED TO AN INSPECTION TO ESTABLISH IN ACCORDANCE WITH PROVISIONS OF ARTICLES 2 , 3 AND 4 WHETHER THESE PRODUCTS CONFORM TO THE COMMON QUALITY STANDARDS REFERRED TO IN ARTICLE 2 OF THAT REGULATION OR TO STANDARDS WHICH ARE AT LEAST EQUIVALENT .
ARTICLE 2
1 . PRODUCTS FROM EUROPEAN THIRD COUNTRIES AND FROM NON-EUROPEAN COUNTRIES IN THE MEDITERRANEAN BASIN SUBMITTED FOR IMPORTATION SHALL ONLY BE IMPORTED IF THEY COMPLY WITH THE COMMON QUALITY STANDARDS SET OUT IN ANNEXES II/1 TO II/8 TO COUNCIL REGULATION NO 23 , TO ANNEXES I/1 TO I/9 TO COMMISSION REGULATION NO 58 ( 2 ) AND TO THE ANNEX TO COMMISSION REGULATION NO 64 ( 3 ) AS AMENDED BY COMMISSION REGULATION NO 21/63/EEC ( 4 ) .
2 . PARAGRAPH 1 SHALL ALSO APPLY TO PRODUCTS FROM OTHER THIRD COUNTRIES IF THE PACKAGING IS MARKED WITH ONE OF THE QUALITY CLASSES LAID DOWN IN THE COMMON QUALITY STANDARDS .
WHERE THE PACKAGING OF PRODUCTS FROM THESE COUNTRIES IS MARKED WITH A QUALITY CLASS OTHER THAN THOSE LAID DOWN IN THE COMMON QUALITY STANDARDS OR HAS NO MARK OF A QUALITY CLASS , THE PRODUCTS MUST AT LEAST COMPLY WITH THE REQUIREMENTS LAID DOWN IN EACH INSTANCE FOR CLASS I IN RESPECT OF QUALITY , SIZING , PACKAGING AND PRESENTATION .
HOWEVER , PRODUCTS INFERIOR IN RESPECT OF QUALITY , SIZING , PACKAGING AND PRESENTATION TO THE REQUIREMENTS LAID DOWN FOR CLASS I SHALL BE ACCEPTED FOR IMPORTATION ONLY IF
- THEY AT LEAST COMPLY WITH THE REQUIREMENTS FOR CLASS II PRODUCTS IN RESPECT OF QUALITY , SIZING , PACKAGING AND PRESENTATION ;
- EACH PACKAGE IS CLEARLY MARKED " II " .
THE LAST TWO SUBPARAGRAPHS ABOVE SHALL APPLY UNTIL SUCH TIME AS THE COMMISSION HAS DECIDED UPON THE EXACT EQUIVALENCE BETWEEN THE MARKS OF THE QUALITY CLASS LAID DOWN BY THE STANDARDS IN FORCE IN THE COUNTRIES IN QUESTION AND THOSE LAID DOWN BY THE COMMON QUALITY STANDARDS .
ARTICLE 3
1 . INSPECTION SHALL BE A MATTER FOR THE AUTHORITIES APPOINTED BY EACH MEMBER STATE AND LISTED IN THE ANNEX .
INSPECTION SHALL BE CARRIED OUT AT THE POINT OF CUSTOMS CLEARANCE BEFORE THE GOODS ARE GIVEN CLEARANCE .
IF INSPECTION AT THE POINT OF CUSTOMS CLEARANCE IS NOT TECHNICALLY POSSIBLE , IT SHALL TAKE PLACE AT THE FIRST PLACE OF CONSIGNMENT AFTER THE POINT OF CUSTOMS CLEARANCE .
INSPECTION SHALL BE BY SAMPLING ; IT SHALL BE EFFECTED ON A SUFFICIENT QUANTITY OF THE LOAD OR CONSIGNMENT TO JUDGE WHETHER THE PRODUCTS SUBMITTED FOR IMPORTATION CONFORM TO THE COMMON QUALITY STANDARD FOR THE QUALITY CLASS INDICATED .
THE INSPECTOR SHALL HIMSELF SELECT THE PACKAGES TO BE EXAMINED AND SHALL SEE THAT THEY ARE REPRESENTATIVE OF THE CONSIGNMENT AS A WHOLE .
THE GOODS IN THE PACKAGES SELECTED FOR INSPECTION SHALL BE UNPACKED . THE INSPECTOR MAY WAIVE THIS PROCEDURE ONLY WHERE THE PACKAGING IS SUCH AS TO ENABLE HIM TO EXAMINE THE CONTENTS WITHOUT REMOVING THE GOODS .
2 . WHERE A LOAD OR CONSIGNMENT PRESENTED FOR IMPORTATION INTO A MEMBER STATE IS ACCOMPANIED BY A CERTIFICATE OF INSPECTION ISSUED BY A RECOGNISED AUTHORITY IN THE EXPORTING THIRD COUNTRY , CONTAINING A SUFFICIENTLY DETAILED DESCRIPTION OF THE CHARACTERISTICS OF THE PRODUCT AND INDICATING THE QUALITY CLASS IN WHICH THE PRODUCT HAS BEEN CLASSIFIED , THE INSPECTOR OF THE IMPORTING MEMBER STATE MAY ASSUME THAT WHEN THE PRODUCT WAS DISPATCHED IT COMPLIED WITH THE REQUIREMENTS LAID DOWN FOR THE QUALITY CLASS IN RESPECT OF QUALITY , SIZING , PACKAGING AND PRESENTATION .
ARTICLE 4
THE INSPECTOR SHALL TAKE ACCOUNT OF THE FACT THAT THE FRESHNESS AND TURGIDITY OF THE PRODUCTS AT THE TIME OF DISPATCH MAY BE SLIGHTLY REDUCED IN TRANSIT EVEN UNDER SUITABLE CONDITIONS OF TRANSPORT .
ARTICLE 5
1 . WHERE THE CONSIGNMENTS INSPECTED ARE FOUND NOT TO CONFORM TO THE PROVISIONS OF ARTICLE 2 , THE INSPECTOR OF THE IMPORTING MEMBER STATE MUST REFUSE ENTRY TO THE CONSIGNMENTS CONCERNED UNLESS :
- THE GOODS ARE REGRADED BY REMOVING THE PART WHICH IS SUBSTANDARD ,
- THE GOODS ARE DOWN-GRADED TO A LOWER CLASS , IMPORTATION OF WHICH IS ACCEPTABLE . IN THIS EVENT THE CLASS TO WHICH THE CONSIGNMENT HAS BEEN DOWN-GRADED MUST BE MARKED ON THE OUTER PACKAGING ,
- SUCH IMPORTATION IS ACCEPTABLE FOR A PURPOSE OTHER THAN DIRECT HUMAN CONSUMPTION .
2 . PROCEDURES FOR REGRADING OR DOWN-GRADING SHALL BE CARRIED OUT BY THE IMPORTER . HOWEVER HE MAY BE EXEMPTED FROM SO DOING IF THE FIRST PERSON TO WHOM HE SELLS THE GOODS UNDERTAKES TO CARRY OUT THIS PROCEDURE UNDER THE SUPERVISION OF THE INSPECTOR OF THE IMPORTING MEMBER STATE .
ARTICLE 6
1 . THE INSPECTING AUTHORITY OF THE IMPORTING MEMBER STATE SHALL EACH MONTH NOTIFY THE COMMISSION OF CASES OF NON-ACCEPTANCE OF GOODS FOR IMPORTATION BY MEANS OF A SUMMARY INDICATING THE MAIN DEFECTS FOUND .
2 . THE MANAGEMENT COMMITTEE FOR FRUIT AND VEGETABLES SHALL RECEIVE A REGULAR REPORT FROM ITS CHAIRMAN BASED ON THE DOCUMENTS REFERRED TO IN THE PRECEDING PARAGRAPH AND ANY OTHER RELEVANT INFORMATION .
3 . THE COMMISSION SHALL ADOPT MEASURES FOR THE UNIFORM APPLICATION OF THE PROCEDURE LAID DOWN IN THIS REGULATION .
THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .
DONE AT BRUSSELS , 31 JULY 1963 .
THE PRESIDENT
FOR THE COMMISSION
WALTER HALLSTEIN
ANNEX
LIST OF AUTHORITIES RESPONSIBLE FOR INSPECTION APPOINTED BY EACH MEMBER STATE
KINGDOM OF BELGIUM
SERVICE D ' INSPECTION DES MATIERES PREMIERES , MINISTERE DE L ' AGRICULTURE ,
23 RUE BRIALMONT , BRUXELLES
OFFICE NATIONAL DES DEBOUCHES AGRICOLES ET HORTICOLES ,
7 RUE GAUCHERET , BRUXELLES
DIENST VOOR DE INSPECTIE DER GRONDSTOFFEN , MINISTERIE VAN LANDBOUW ,
BRIALMONTSTRAAT 23 , BRUSSEL
NATIONALE DIENST VOOR AFZET VAN LAND - EN TUINBOUWPRODUKTEN ,
GAUCHERETSTRAAT 7 , BRUSSEL
FEDERAL REPUBLIC OF GERMANY
SCHLESWIG-HOLSTEIN :
LANDWIRTSCHAFTSKAMMER SCHLESWIG-HOLSTEIN ,
KIEL , HOLSTEINSTRASSE 106/8
HAMBURG :
BEHOERDE FUER ERNAEHRUNG UND LANDWIRTSCHAFT DER FREIEN UND HANSESTADT HAMBURG
- QUALITAETSKONTROLLE -
HAMBURG 11 , STEINWEG 4 , POSTFACH
NIEDERSACHSEN :
LANDWIRTSCHAFTSKAMMER HANNOVER
HANNOVER , JOHANSSENSTRASSE 10
LANDWIRTSCHAFTSKAMMER WESER-EMS
OLDENBURG , MARS LA TOUR-STRASSE 1/4
BREMEN :
GARTENBAUKAMMER BREMEN ,
BREMEN , ELLHORNSTRASSE 26
NORDRHEIN-WESTFALEN :
LANDWIRTSCHAFTSKAMMER RHEINLAND ,
BONN , ENDENICHER ALLEE 60
LANDWIRTSCHAFTSKAMMER WESTFALEN-LIPPE ,
MUENSTER , SCHORLEMERSTRASSE 26
HESSEN :
LAND - UND FORSTWIRTSCHAFTSKAMMER HESSEN-NASSAU ,
FRANKFURT/M . , BOCKENHEIMER LANDSTRASSE 25
LAND - UND FORSTWIRTSCHAFTSKAMMER KURHESSEN ,
KASSEL , KOELNISCHE STRASSE 48/50
RHEINLAND-PFALZ :
LANDWIRTSCHAFTSKAMMER RHEINLAND-NASSAU ,
KOBLENZ , BAHNHOFSPLATZ 9
LANDWIRTSCHAFTSKAMMER RHEINHESSEN ,
ALZEY , WEINRUFSTRASSE 40
LANDWIRTSCHAFTSKAMMER PFALZ ,
KAISERSLAUTERN , FISCHERSTRASSE 11
BADEN-WUERTTEMBERG :
REGIERUNGSPRAESIDIUM NORD-WUERTTEMBERG ,
STUTTGART , ABTLG . III - LANDWIRTSCHAFT
REGIERUNGSPRAESIDIUM SUED-WUERTTEMBERG - HOHENZOLLERN ,
TUEBINGEN , ABTLG . III - LANDWIRTSCHAFT
REGIERUNGSPRAESIDIUM NORD-BADEN ,
KARLSRUHE , ABTLG . III - LANDWIRTSCHAFT
REGIERUNGSPRAESIDIUM SUED-BADEN ,
FREIBURG/BRG . , ABTLG . III - LANDWIRTSCHAFT
BAYERN :
ARBEITSGEMEINSCHAFT FUER OBST - UND GARTENBAU ,
VERTRETEN DURCH DEN BAYERISCHEN LANDESVERBAND FUER OBST - UND GARTENBAU ,
MUENCHEN , HAYDNSTRASSE
SAARLAND :
MINISTERIUM FUER WIRTSCHAFT , VERKEHR UND LANDWIRTSCHAFT ,
SAARBRUECKEN , HARDENBERGSTRASSE
BERLIN :
SENATOR FUER WIRTSCHAFT UND KREDIT , GESCHAEFTSBEREICH ERNAEHRUNG ,
BERLIN-CHARLOTTENBURG , BREDTSCHNEIDERSTRASSE 5/8
AND
DIE AUSSENHANDELSSTELLE FUER ERZEUGNISSE DER ERNAEHRUNG UND LANDWIRTSCHAFT
- ABTLG . GARTENBAUERZEUGNISSE UND SAATGUT -
FRANKFURT/M . , ADICKES ALLEE 40
FRENCH REPUBLIC
MINISTERE DE L ' AGRICULTURE , SERVICE DE LA REPRESSION DES FRAUDES ,
42 BIS RUE DE BOURGOGNE , PARIS 7E
MINISTERE DES FINANCES , DIRECTION GENERALE DES DOUANES ,
93 RUE DE RIVOLI , PARIS 1ER
ITALIAN REPUBLIC
ISTITUTO NAZIONALE PER IL COMMERCIO ESTERO ,
VIA LISZT 21 , ROMA
GRAND DUCHY OF LUXEMBOURG
ADMINISTRATION DES SERVICES AGRICOLES , SERVICE DE L ' HORTICULTURE ,
16 ROUTE D ' EICH , LUXEMBOURG
KINGDOM OF THE NETHERLANDS
ALGEMENE INSPECTIE DIENST VAN HET MINISTERIE VAN LANDBOUW EN VISSERIJ ,
BOORLAAN 14 , 'S-GRAVENHAGE |
Regulation No 118/63/EEC of the Council of 5 November 1963 amending Regulation No 17
Official Journal 162 , 07/11/1963 P. 2696 - 2696
Finnish special edition: Chapter 8 Volume 1 P. 0035
Danish special edition: Series I Chapter 1963-1964 P. 0050
Swedish special edition: Chapter 8 Volume 1 P. 0035
English special edition: Series I Chapter 1963-1964 P. 0055
Greek special edition: Chapter 08 Volume 1 P. 0040
Spanish special edition: Chapter 08 Volume 1 P. 0065
Portuguese special edition Chapter 08 Volume 1 P. 0065
REGULATION No 118/63/EEC OF THE COUNCIL of 5 November 1963 amending Regulation No 17
THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 87 thereof;
Having regard to the proposal from the Commission;
Having regard to the Opinion of the European Parliament (1);
Having regard to the Opinion of the Economic and Social Committee;
Whereas under Article 7 of Council Regulation No 17 (2), the prohibition laid down in Article 85 (1) of the Treaty applies only for the period fixed by the Commission in respect of agreements, decisions and concerted practices already in existence at the date of entry into force of that Regulation if they have been notified to the Commission within the prescribed time limits and if the undertakings and associations of undertakings concerned cease to give effect to them or make appropriate amendments to them ; whereas this provision also applies to agreements, decisions and concerted practices already in existence at the date of entry into force of the said Regulation and falling within Article 4 (2) thereof, if they were notified before 1 January 1964;
Whereas the amendments that may have to be made to such agreements, decisions and concerted practices may be more readily assessed after examination of a number of agreements, decisions and concerted practices already notified to the Commission has made possible a more precise definition of the procedures for implementing Article 85 of the Treaty ; whereas it is therefore desirable to extend the time limit, currently fixed at 31 December 1963 in accordance with Article 7 (2);
Whereas such an extension does not prevent action from being taken under Article 9 (2) of Regulation No 17 in respect of infringements of the provisions of Article 85 of the Treaty nor action under Article 22 of the said Regulation at any time to make subject to notification those of the agreements, decisions and concerted practices falling within Article 4 (2) thereof which would particularly affect the development of the common market;
HAS ADOPTED THIS REGULATION:
Article 1
In Article 7 (2) of Regulation No 17 for the words "before 1 January 1964" there shall be substituted the words "before 1 January 1967".
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 5 November 1963.
For the Council
The President
L. de BLOCK (1) OJ No 157, 30.10.1963, p. 2620/63. (2) OJ No 13, 21.2.1962, p. 204/62. |
63/46/Euratom, 63/491/EEC: Decision of 10 July 1963 specifying the institution responsible for payment of benefits provided for in the pensions scheme
Official Journal 130 , 24/08/1963 P. 2303 - 2304
Finnish special edition: Chapter 1 Volume 1 P. 0025
Danish special edition: Series I Chapter 1963-1964 P. 0045
Swedish special edition: Chapter 1 Volume 1 P. 0025
English special edition: Series I Chapter 1963-1964 P. 0050
Greek special edition: Chapter 01 Volume 4 P. 0000
Spanish special edition: Chapter 01 Volume 6 P. 0003
Portuguese special edition Chapter 01 Volume 6 P. 0003
Special edition in Czech Chapter 01 Volume 01 P. 14 - 15
Special edition in Estonian Chapter 01 Volume 01 P. 14 - 15
Special edition in Hungarian Chapter 01 Volume 01 P. 14 - 15
Special edition in Lithuanian Chapter 01 Volume 01 P. 14 - 15
Special edition in Latvian Chapter 01 Volume 01 P. 14 - 15
Special edition in Maltese Chapter 01 Volume 01 P. 14 - 15
Special edition in Polish Chapter 01 Volume 01 P. 14 - 15
Special edition in Slovakian Chapter 01 Volume 01 P. 14 - 15
Special edition in Slovenian Chapter 01 Volume 01 P. 14 - 15
Decision
of 10 July 1963
specifying the institution responsible for payment of benefits provided for in the pension scheme
(63/46/Euratom)
(63/491/EEC)
THE COUNCIL OF THE EUROPEAN ATOMIC ENERGY COMMUNITY,
THE COMMITTEE OF PRESIDENTS OF THE EUROPEAN COAL AND STEEL COMMUNITY,
THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY,
Having regard to the Regulation on the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Coal and Steel Community, and in particular Article 45 of Annex VIII to the Staff Regulations and Article 43 of the Conditions of Employment;
Having regard to Regulation No 31 (EEC), 11 (EAEC) on the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Economic Community and the European Atomic Energy Community, [1] and in particular Article 45 of Annex VIII to the Staff Regulations and Article 43 of the Conditions of Employment;
HAVE DECIDED AS FOLLOWS:
Article 1
The institutions specified below shall be responsible for payment of benefits provided for in the pensions scheme for officials and under Title II, Chapter 6, Sections B and C of the Conditions of Employment of Other Servants of the Communities:
1. For officials and temporary staff of the Commission of the European Community:
the Commission of the European Economic Community;
2. For officials and temporary staff of the Commission of the European Atomic Energy Community:
the Commission of the European Atomic Energy Community;
3. For officials and temporary staff of the High Authority:
the High Authority (Pension Fund);
4. For officials of the common institutions or organs to whom the transitional provisions of the European Coal and Steel Community Staff Regulations apply:
the High Authority (Pension Fund);
5. For other officials and temporary staff of the common institutions or agencies:
the Commission of the European Economic Community.
Article 2
This Decision shall enter into force on 1 January 1962.
Done, 10 July 1963.
For the Committee of Presidents
The Chairman
A. M. Donner
For the Council
The President
J. M. A. H. Luns
[1] OJ No 45, 14.6.1962, p. 1385.
-------------------------------------------------- |
20.4.1963
EN
Official Journal of the European Union
P 63/1338
COUNCIL DECISION
of 2 April 1963
laying down general principles for implementing a common vocational training policy
(63/266/EEC)
THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 128 thereof;
Having regard to the proposal from the Commission;
Having regard to the Opinion of the Economic and Social Committee;
Having regard to the Opinion of the European Parliament (1);
Whereas, in order to fulfil the obligation imposed on them by the Treaty, to ensure the maintenance of a high level of employment through their economic policies, Member States should take appropriate action to adapt the skills of their labour forces to changes in the general economic situation and to changes in production technology;
Whereas against the background of the rapid implementation of the common market and in conjunction with the co-ordination of regional policies and the progressive achievement of a common agricultural policy, the structural changes which are at present taking place in certain economic sectors raise urgent problems of vocational training and retraining;
Whereas a common vocational training policy which, in accordance with Article 128 of the Treaty, can contribute to the harmonious development both of the national economies and of the common market should be defined in the light of the general objectives of the Treaty, and in particular the Preamble and Article 2 thereof;
Whereas the implementation of an effective common vocational training policy will help to bring about freedom of movement for workers;
Whereas the freedom of choice of occupation, place of training and place of work which is the fundamental right of every person should be respected;
Whereas every person should, during the different stages of his working life, be able to receive adequate basic and advanced training, and any necessary vocational retraining;
Whereas the general principles for implementing a common vocational training policy should apply to all vocational training of young persons and adults who might be or already are employed in posts up to supervisory level; and whereas special importance should be attached to the basic and advanced training of teachers and instructors;
Whereas the attainment of the objectives set out in the following general principles requires not only that action be taken at a national level, but also that the Commission be enabled to propose appropriate measures, under the Treaty, to the Council or to the Member States; and whereas this will entail close co-operation both between Member States and between Member States and the competent institutions of the Community;
Whereas it is desirable to ensure, in particular by setting up an Advisory Committee attached to the Commission, co-operation between those public and private bodies within the Member States which are particularly concerned with problems of vocational training;
Whereas the following general principles are relevant to present economic and social conditions in the Community; and whereas they may subsequently be amplified progressively in the light of changing requirements within the Community;
HAS DECIDED AS FOLLOWS:
The following general principles for implementing a common vocational training policy are hereby established:
First principle
A common vocational training policy means a coherent and progressive common action which entails that each Member State shall draw up programmes and shall ensure that these are put into effect in accordance with the general principles contained in this Decision and with the resulting measures taken to apply them.
The general principles must enable every person to receive adequate training, with due regard for freedom of choice of occupation, place of training and place of work.
These general principles must deal with the training of young persons and adults who might be or already are employed in posts up to supervisory level.
It shall be the responsibility of the Member States and the competent institutions of the Community to apply such general principles within the framework of the Treaty.
Second principle
The common vocational training policy shall have the following fundamental objectives:
(a)
To bring about conditions that will guarantee adequate vocational training for all;
(b)
To organise in due course suitable training facilities to supply the labour forces required in the different sectors of economic activity;
(c)
To broaden vocational training on the basis of a general education, to an extent sufficient to encourage the harmonious development of the personality and to meet requirements arising from technical progress, new methods of production and social and economic developments;
(d)
To enable every person to acquire the technical knowledge and skill necessary to pursue a given occupation and to reach the highest possible level of training, whilst encouraging, particularly as regards young persons, intellectual and physical advancement, civic education and physical development;
(e)
To avoid any harmful interruption either between completion of general education and commencement of vocational training or during the latter;
(f)
To promote basic and advanced vocational training and, where appropriate, retraining, suitable for the various stages of working life;
(g)
To offer to every person, according to his inclinations and capabilities, working knowledge and experience, and by means of permanent facilities for vocational advancement, the opportunity to gain promotion or to receive instruction for a new and higher level of activity;
(h)
To relate closely the different forms of vocational training to the various sectors of the economy so that, on the one hand, vocational training best meets both the needs of the economy and the interests of the trainees and, on the other hand, problems presented by vocational training receive the attention which they deserve in business and professional circles everywhere.
Third principle
When the common vocational training policy is put into operation, special importance shall be attached:
—
to forecasts and estimates, at both national and Community levels, of the quantitative and qualitative requirements of workers in the various productive activities;
—
to a permanent system of information and guidance or vocational advice, for young people and adults, based on the knowledge of individual capabilities, training facilities and employment opportunities, operating in close co-operation with the productive and distributive sectors of the economy, vocational training services and schools;
—
to the opportunity for every person to have recourse to the system provided for above at any time before choosing his occupation, during his vocational training and throughout his working life.
Fourth principle
In conformity with these general principles and in order to attain the objectives stated therein, the Commission may propose to the Council or to the Member States, under the Treaty, such appropriate measures as may appear to be necessary.
Moreover, in close co-operation with the Member States, the Commission shall carry out any studies and research in the field of vocational training which will ensure attainment of a common policy, in particular with a view to promoting employment facilities and the geographical and occupational mobility of workers within the Community.
Furthermore, it shall draw up a list of training facilities in the Member States and compare them with existing requirements with a view to determining what actions to recommend to the Member States, indicating an order of priority where necessary; should the occasion arise, it shall encourage the conclusion of bilateral or multilateral agreements.
The Commission shall follow the development of such measures, compare the results thereof and bring them to the notice of the Member States.
When carrying out the tasks assigned to it in the field of vocational training, the Commission shall be assisted by a tripartite advisory committee, whose composition and rules shall be laid down by the Council after receiving the Opinion of the Commission.
Fifth principle
In order to promote a wider knowledge of all the facts and publications concerning the state and development of vocational training within the Community, and to help keep current teaching methods up to date, the Commission shall take all suitable steps to collect, distribute and exchange any useful information, literature and teaching material among the Member States. It shall ensure in particular the systematic distribution of literature relating to innovations already in use or to be introduced. For their part, the Member States shall give the Commission all the necessary help and support to carry out these various tasks and, in particular, shall provide any useful information concerning the present state and development of national systems of vocational training.
Sixth principle
In co-operation with the Member States, the Commission shall encourage such direct exchanges of experience in the field of vocational training as are likely to enable the services responsible for vocational training and specialists in such field to acquaint themselves with and study the achievements and new developments in the other countries of the Community in matters of vocational training.
Such exchanges shall be brought about in particular by means of study seminars and by programmes of visits and stays at vocational training institutions.
Seventh principle
The suitable training of teachers and instructors, whose numbers should be increased and whose technical and teaching skills should be developed, shall be one of the basic factors of any effective vocational training policy.
Member States shall, with the assistance of the Commission where necessary, encourage any measures which are likely to contribute to the improvement and development of such training, in particular measures to ensure a continuing adjustment to progress in the economic and technical fields.
The training of instructors recruited among specially qualified workers shall be encouraged. Harmonisation of instructor training shall be sought; all exchanges of experience and other similar appropriate means, and in particular those mentioned in the Sixth Principle, may be used towards such harmonisation.
Special measures shall be taken in the Community countries to promote the basic training and advanced training of teachers and instructors for work in the less favoured regions of the Community and in developing States and territories, in particular those associated with the Community.
Eighth principle
The common vocational training policy must, in particular, be so framed as to enable levels of training to be harmonised progressively.
In co-operation with the Member States the Commission shall, according to requirements, draw up in respect of the various occupations which call for specific training a standardised description of the basic qualifications required at various levels of training.
On this basis, harmonisation of the standards required for success in final examinations should be sought, with a view to the mutual recognition of certificates and other documents confirming completion of vocational training;
The Member States and the Commission shall encourage the holding of European competitions and examinations.
Ninth principle
In order to contribute to the achievement of an overall balance between the supply of and demand for labour within the Community, and taking into account the forecasts made for this purpose, the Member States and the Commission may co-operate in taking adequate steps, in particular when drawing up suitable training programmes.
Such steps and programmes must aim at the rapid training of adults and vocational retraining, taking into account the situations caused by economic expansion or recession, technological and structural changes and the special requirements of certain occupations, occupational categories or specific regions.
Tenth principle
In the application of the general principles of the common vocational training policy, particular attention shall be given to the special problems concerning specific sectors of activity or specific categories of persons; special measures may be taken in this respect.
Measures taken with a view to attaining the objectives of the common vocational training policy may be jointly financed.
Done at Brussels, 2 April 1963.
For the Council
The President
Eugene SCHAUS
(1) OJ No 31, 26. 4. 1962, p. 1034/62. |
Council Directive 63/474/EEC of 30 July 1963 liberalising transfers in respect of invisible transactions not connected with the movement of goods, services, capital or persons
Official Journal 125 , 17/08/1963 P. 2240 - 2241
Danish special edition: Series I Chapter 1963-1964 P. 0040
English special edition: Series I Chapter 1963-1964 P. 0045
Greek special edition: Chapter 10 Volume 1 P. 0030
Spanish special edition: Chapter 06 Volume 1 P. 0023
Portuguese special edition Chapter 06 Volume 1 P. 0023
COUNCIL DIRECTIVE of 30 July 1963 liberalising transfers in respect of invisible transactions not connected with the movement of goods, services, capital or persons (63/474/EEC)
THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY,
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 63 and 106 (3) thereof;
Having regard to the proposal from the Commission;
Having regard to the Opinion of the European Parliament (1);
Having regard to the Opinion of the Economic and Social Committee;
Whereal the establishment of the common market requires that restrictions on transfers between residents of Member States should be abolished as quickly and as widely as possible;
Whereas in respect of transfers relating to the invisible transactions set out in Annex III to the Treaty which are not governed by the provisions of Article 106 (1) and (2) or by the Chapter on freedom of movement of capital, a very high level of liberalisation has already been achieved in Member States;
Whereas, on these grounds and taking into account the economic situation of Member States, the liberalisation of transfers relating to all the relevant transactions in the form of a general permission or at least of the issue of any foreign exchange authorisations that may be required already appears possible at the present stage of the transitional period;
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. Member States shall grant all foreign exchange authorisations required for transfers between residents of Member States relating to the invisible transactions set out in the Annex to this Directive.
2. Member States shall enable transfers relating to such transactions to be made at the exchange rates ruling for payments relating to current transactions.
Article 2
1. The provisions of this Directive shall not restrict the right of Member States to verify the nature and genuineness of the transactions or transfers and to take all requisite measures to prevent infringements of their laws and regulations.
2. Member States shall simplify, as far as possible, the authorisation and control formalities applicable to transfers and shall where necessary consult one another with a view to such simplification.
Article 3
Member States shall, within five months of notification of this Directive, put into force the measures required to comply with its provisions and shall forthwith inform the Commission thereof.
Article 4
This Directive is addressed to the Member States.
Done at Brussels, 30 July 1963
For the Council
The President
J.M.A.H. LUNS
(1) OJ No 61, 19.4.1963, p. 1275.
ANNEX Invisible transactions referred to in Article 1 of the Directive
- Banking charges.
- Representation expenses.
- Participation by subsidiary companies and branches in overhead expenses of parent companies situated abroad and vice versa.
- Differences, margins and deposits due in respect of operations on commodity terminal markets in conformity with normal commercial practice.
- Subscriptions and membership fees (excluding those representing remuneration for services and contributions paid to official or private social security bodies).
- Government expenditure (official representation abroad, contributions to international organisations).
- Taxes (excluding death duties), court expenses, registration of patents and trade marks.
- Damages, where these cannot be considered as capital.
- Refunds in the case of cancellation of contracts and refunds of uncalled-for payments where these cannot be considered as capital.
- Fines.
- Periodic settlements in connection with public transport and postal, telegraphic and telephone services.
- Consular receipts.
- Maintenance payments resulting from a legal obligation and financial assistance in cases of hardship.
- Charges for documentation of all kinds incurred on their own account by authorised dealers in foreign exchange.
- Sports prizes and racing earnings (excluding those won by professionals). |
ECSC High Authority: Decision No 24-63 of 11 December 1963 requiring undertakings in the Community steel industry to make returns to the High Authority of transactions involving rebates or special prices for indirect export
Official Journal 187 , 24/12/1963 P. 2977 - 2979
Danish special edition: Series I Chapter 1963-1964 P. 0068
English special edition: Series I Chapter 1963-1964 P. 0075
Greek special edition: Chapter 08 Volume 1 P. 0051
Spanish special edition: Chapter 08 Volume 1 P. 0078
Portuguese special edition Chapter 08 Volume 1 P. 0078
Finnish special edition: Chapter 13 Volume 1 P. 0032
Swedish special edition: Chapter 13 Volume 1 P. 0032
DECISION No 24-63 of 11 December 1963 requiring undertakings in the Community steel industry to make returns to the High Authority of transactions involving rebates or special prices for indirect export
THE HIGH AUTHORITY,
Having regard to Articles 47 and 60 of the Treaty;
Whereas it has been found that undertakings in the Community steel industry are extensively applying rebates or special prices in transactions with steel-processing undertakings which export all or part of their production to countries outside the Community (known as rebates for indirect export);
Whereas certain steel undertakings do not publish these rebates in their price lists ; whereas other undertakings provide in their price lists for rebates for indirect export, of unspecified amount, to be agreed between the parties;
Whereas accordingly it is necessary to check whether and to what extent rebates or special prices for indirect export are compatible with the prohibition on discrimination under Article 60 of the Treaty, and what publication rules should be applied ; whereas it is therefore essential that the High Authority obtain general information on the nature and scale of such transactions, and the way in which undertakings require their customers to show that the manufactured products concerned are in fact exported outside the Community;
Whereas it is therefore necessary that undertakings in the steel industry should be required to make returns to the High Authority, in the first instance for one year, of all transactions involving rebates or special prices for indirect export;
DECIDES:
Article 1
1. Undertakings in the steel industry shall make to the High Authority written returns of transactions in respect of which rebates or special prices for indirect export are allowed to steel-consuming undertakings in the Community which export all or part of their production to countries outside the Community.
2. Returns shall contain the following particulars for each transaction: - product (in accordance with Annex I to the Treaty);
- quantity;
- country of destination of Treaty product;
- consumer category (according to classification of groups of consumer industries on back of return form);
- nature of product to be manufactured by consumer from Treaty product for subsequent export);
- amount of rebate allowed for indirect export:
- in the case of sale on the basis of undertaking's own price list (expressed as a percentage of the undertaking's list price);
- in the case of sale by alignment on a more advantageous delivered price of a Community competitor who provides in his price list for a rebate for indirect export (expressed as a percentage of the competitor's list price);
- special price charged for indirect export;
- reasons for special price;
- nature of evidence furnished by the consumer that products are exported;
- country of destination of finished product to be manufactured by producer undertaking.
3. Returns shall be made on the fifteenth of each month for transactions effected in the preceding calendar month. The first return shall be made on 15 March 1964.
4. Returns shall be made for each Treaty product in the form set out in the Annex to this Decision.
Article 2
This Decision shall be published in the Official Journal of the European Communities. It shall enter into force on 20 January 1964 ; it shall cease to have effect on 31 December 1964.
This Decision was considered and adopted by the High Authority at its meeting on 11 December 1963.
For the High Authority
The President
Dino DEL BO
ANNEX TO DECISION No 24-63 |
63/115/EEC: Council Decision on the Agreement on methods of administrative co-operation for the implementation of Articles 7 and 8 of the Agreement establishing an Association between the European Economic Community and Greece /* Unofficial translation */
Official Journal 026 , 18/02/1963 P. 0354 - 0354
Danish special edition: Series II Volume I(1a) P. 0065
English special edition: Series II Volume I(1) P. 0061
++++
COUNCIL DECISION ON THE AGREEMENT ON METHODS OF ADMINISTRATIVE COOPERATION FOR THE IMPLEMENTATION OF ARTICLES 7 AND 8 OF THE AGREEMENT ESTABLISHING AN ASSOCIATION BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND GREECE
( 63/115/EEC )
THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY ,
HAVING REGARD TO THE AGREEMENT ESTABLISHING AN ASSOCIATION BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND GREECE , AND IN PARTICULAR ARTICLES 7 , 8 AND 9 THEREOF ;
HAVING REGARD TO THE AGREEMENT ON MEASURES AND PROCEDURES REQUIRED FOR THE IMPLEMENTATION OF THE AGREEMENT ESTABLISHING AN ASSOCIATION BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND GREECE , AND IN PARTICULAR ARTICLE 1 THEREOF ;
HAVING CONSULTED THE COMMISSION ,
HAS DECIDED AS FOLLOWS :
ARTICLE 1
THE AGREEMENT BETWEEN THE GOVERNMENTS OF MEMBER STATES AND THE COMMUNITY , OF THE ONE PART , AND THE GOVERNMENT OF THE KINGDOM OF GREECE , OF THE OTHER PART , ON METHODS OF ADMINISTRATIVE COOPERATION FOR THE IMPLEMENTATION OF ARTICLES 7 AND 8 OF THE AGREEMENT ESTABLISHING AN ASSOCIATION BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND GREECE IS CONCLUDED ON BEHALF OF THE COMMUNITY .
ARTICLE 2
THE PRESIDENT OF THE COUNCIL IS HEREBY AUTHORIZED TO DESIGNATE THE PERSON EMPOWERED TO SIGN THE AGREEMENT REFERRED TO IN ARTICLE 1 , AND TO CONFER ON HIM THE POWERS REQUIRED IN ORDER TO BIND THE COMMUNITY .
DONE AT BRUSSELS , 25 SEPTEMBER 1962 .
FOR THE COUNCIL
THE PRESIDENT
E . COLOMBO |
ECSC High Authority: Décision No 21-63 of 11 December 1963 amending Décision No 37-54 of 29 July 1954 on the publication of price lists and conditions of sale applied by undertakings in the steel industry to the sale of special steels
Official Journal 187 , 24/12/1963 P. 2973 - 2974
Danish special edition: Series I Chapter 1963-1964 P. 0063
English special edition: Series I Chapter 1963-1964 P. 0070
Greek special edition: Chapter 08 Volume 1 P. 0046
Spanish special edition: Chapter 08 Volume 1 P. 0073
Portuguese special edition Chapter 08 Volume 1 P. 0073
Finnish special edition: Chapter 13 Volume 1 P. 0032
Swedish special edition: Chapter 13 Volume 1 P. 0032
DECISION No 21-63 of 11 December 1963 amending Decision No 37-54 of 29 July 1954 on the publication of price lists and conditions of sale applied by undertakings in the steel industry to the sale of special steels
THE HIGH AUTHORITY,
Having regard to Article 60 (2) (a) and Article 63 (2) of the Treaty, and Annex III thereto;
Having regard to Decision No 37-54 of 29 July 1954 on the publication of price lists and conditions of sale applied by undertakings in the steel industry to the sale of special steels within the meaning of Annex III to the Treaty (Official Journal of the ECSC, 1 August 1954, pp. 470 et seq.) as supplemented by Decision No 33-58 of 1 December 1958 (Official Journal of the European Communities of 18 December 1958, pp. 665 et seq.);
Whereas experience has shown that Decision No 30-53 whereby the High Authority specified which practices are prohibited by Article 60 (1) of the Treaty did not accurately and fully define the obligations of undertakings with regard to their selling agencies and to middlemen acting on their behalf;
Whereas the High Authority consequently amended Decision No 30-53 by Decision No 19-63 of 11 December 1963;
Whereas it is therefore necessary to adjust the provisions concerning the obligations to which undertakings are subject as regards publication of prices and conditions of sale to the rules as amended by Decision No 19-63;
Whereas in so far as they market their products through selling agencies, steel undertakings are required to ensure that those agencies publish their price lists and conditions of sale in accordance with the provisions of Decision No 37-54 ; whereas, however, undertakings are authorised to refer to the price lists of their selling agencies instead of publishing their own price lists, and vice versa;
Whereas the same rules should apply also to middlemen acting in their own names but distributing the products of undertakings on behalf of those undertakings (commission agents, agents for goods on consignment);
After consultation with the Consultative Committee;
DECIDES:
Article 1
Article 2 of Decision No 37-54 shall be amended to read as follows:
"1. Undertakings in the steel industry shall publish their price lists and conditions of sale for special steels within the meaning of Annex III to the Treaty in accordance with the provisions of this Decision.
2. Undertakings which use selling agencies (Article 1 (2) of Decision No 30-53) for the marketing of their products shall ensure that those selling agencies publish price lists and conditions of sale in accordance with the provisions of this Decision.
3. Undertakings in the steel industry may, under the conditions laid down in Article 6, specify that their products are sold on the basis of the price lists and conditions of sale of their selling agency.
The selling agency may likewise specify that products are sold on the basis of the price lists and conditions of sale of the undertaking."
Article 2
Article 7 of Decision No 37-54 shall be amended to read as follows:
"1. Undertakings and their selling agencies shall require middlemen who sell in their own name but on behalf of the said undertakings and selling agencies (commission agents, agents for goods on
consignment) to comply, as regards price lists and conditions of sale published by them, with the rules laid down in this Decision.
2. Where such middlemen do not publish price lists and conditions of sale, they may discharge their obligation by specifying under the conditions laid down in Article 6 that the price lists and conditions of sale applied by undertakings or their selling agencies, in accordance with this Decision also apply to sales made by them.
3. Undertakings shall be held liable for any infringement of the foregoing obligations by such middlemen."
Article 3
The following Article 8 shall be inserted after Article 7 in Decision No 37-54:
"1. Undertakings and selling agencies shall frame their conditions of sale in such a way that their customers (dealers) are under an obligation, in the case of resale in the unaltered state otherwise than by sale ex depot, to ensure that their price lists and conditions of sale comply with the rules laid down in this Decision.
2. In so far as the customers (dealers) do not include in their lists their own prices and conditions of sale, they may discharge their obligation by indicating, under the conditions laid down in Article 6, those items of the price lists and conditions of sale applied by the producer undertaking in accordance with this Decision which apply to sales made by them."
Article 4
Article 8 of Decision No 37-54, in the wording adopted on 29 July 1954, is hereby repealed.
Article 5
This Decision shall be published in the Official Journal of the European Communities. It shall enter into force on 20 January 1964.
The text of Decision No 37-54, as amended by this Decision, shall be published in the form of a Communication in the Official Journal of the European Communities.
This Decision was considered and adopted by the High Authority at its meeting on 11 December 1963.
For the High Authority
The President
Dino DEL BO |
ECSC High Authority: Décision No 22-63 of 11 December 1963 amending Décision No 4-53 of 12 February 1953 on the publication of price lists and conditions of sale applied by undertakings in the coal and iron ore industries
Official Journal 187 , 24/12/1963 P. 2975 - 2976
Danish special edition: Series I Chapter 1963-1964 P. 0065
English special edition: Series I Chapter 1963-1964 P. 0072
Greek special edition: Chapter 08 Volume 1 P. 0048
Spanish special edition: Chapter 08 Volume 1 P. 0075
Portuguese special edition Chapter 08 Volume 1 P. 0075
DECISION No 22-63 of 11 December 1963 amending Decision No 4-53 of 12 February 1953 on the publication of price lists and conditions of sale applied by undertakings in the coal and iron ore industries
THE HIGH AUTHORITY,
Having regard to Article 60 (2) (a) and Article 63 (2) of the Treaty;
Having regard to Decision No 4-53 of 12 February 1953 on the publication of price lists and conditions of sale applied by undertakings in the coal and iron ore industries (Official Journal of the ECSC, 12 February 1953, pp. 3 et seq.);
Whereas experience has shown that Decision No 30-53 whereby the High Authority specified which practices are prohibited by Article 60 (1) of the Treaty did not accurately and fully define the obligations of undertakings with regard to their selling agencies and to middlemen acting on their behalf;
Whereas the High Authority consequently amended Decision No 30-53 by Decision No 19-63 of 11 December 1963;
Whereas it is therefore necessary to adjust the provisions concerning the obligations to which undertakings are subject as regards publication of prices and conditions of sale to the rules as amended by Decision No 19-63;
Whereas in so far as they market their products through selling agencies, coal and iron ore undertakings are required to ensure that those agencies publish their price lists and conditions of sale in accordance with the provisions of Decision No 4-53 ; whereas, however, undertakings are authorised to refer to the price lists of their selling agencies instead of publishing their own price lists, and vice versa;
Whereas the same rules should apply also to middlemen acting in their own names but distributing the products of undertakings on behalf of those undertakings (commission agents, agents for goods on consignment);
After Consultation with the Consultative Committee;
DECIDES:
Article 1
Article 1 of Decision No 4-53 shall be amended to read as follows:
"1. Undertakings in the coal and iron ore industries shall publish their price lists and conditions of sale in accordance with the provisions of this Decision.
2. Undertakings which use selling agencies (Article 1 (2) of Decision No 30-53) for the marketing of their products shall ensure that those selling agencies publish price lists and conditions of sale in accordance with the provisions of this Decision.
3. Undertakings in the coal and iron ore industry may, under the conditions laid down in Article 4, specify that their products are sold on the basis of the price lists and conditions of sale of their selling agency.
The selling agency may likewise specify that products are sold on the basis of the price lists and conditions of sale of the undertaking."
Article 2
Article 5 of Decision No 4-53 shall be amended to read as follows:
"1. Undertakings and their selling agencies shall require middlemen who sell in their own name but on behalf of the said undertakings and selling agencies (commission agents, agents for goods on consignment) to comply, as regards price lists and conditions of sale published by them, with the rules laid down in this Decision.
2. Where such middlemen do not publish price lists and conditions of sale, they may discharge their obligation by specifying under the conditions laid down in Article 4 that the price lists and conditions of sale applied by undertakings or their selling agencies in accordance with this Decision also apply to sales made by them.
3. Undertakings shall be held liable for any infringement of the foregoing obligations by such middlemen."
Article 3
Article 6 of Decision No 4-53, in the wording adopted on 12 February 1953, is hereby repealed.
Article 4
This Decision shall be published in the Official Journal of the European Communities. It shall enter into force on 20 January 1964.
The text of Decision No 4-53, as amended by this Decision, shall be published in the form of a Communication in the Official Journal of the European Communities.
This Decision was considered and adopted by the High Authority at its meeting on 11 December 1963.
For the High Authority
The President
Dino DEL BO |
Council Directive 63/262/EEC of 2 April 1963 laying down detailed provisions for the attainment of freedom of establishment on agricultural holdings abandoned or left uncultivated for more than two years
Official Journal 062 , 20/04/1963 P. 1326 - 1328
Finnish special edition: Chapter 6 Volume 1 P. 0006
Danish special edition: Series I Chapter 1963-1964 P. 0020
Swedish special edition: Chapter 6 Volume 1 P. 0006
English special edition: Series I Chapter 1963-1964 P. 0020
Greek special edition: Chapter 06 Volume 1 P. 0019
Spanish special edition: Chapter 06 Volume 1 P. 0019
Portuguese special edition Chapter 06 Volume 1 P. 0019
COUNCIL DIRECTIVE of 2 April 1963 laying down detailed provisions for the attainment of freedom of establishment on agricultural holdings abandoned or left uncultivated for more than two years (63/262/EEC)
THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 54 (2) and (3) thereof;
Having regard to the General Programme for the abolition of restrictions on freedom of establishment, (1) and in particular Title IV F 1 thereof;
Having regard to the proposal from the Commission;
Having regard to the Opinion of the European Parliament (2);
Having regard to the Opinion of the Economic and Social Committee;
Whereas the General Programme for the abolition of restrictions on freedom of establishment includes a special timetable for the attainment of such freedom in agriculture, which takes account of the particular nature of agricultural activities ; whereas the first measure provided for in this timetable is the immediate abolition of all restrictions on freedom of establishment on agricultural holdings abandoned or left uncultivated for more than two years ; whereas restrictions on the right to transfer from one holding to another are however to remain;
Whereas, in order to ensure that this Directive is correctly applied, it is necessary to define what is meant by an agricultural holding abandoned or left uncultivated for more than two years;
Whereas, in view of the fact that the timetable in the General Programme provides for the abolition of restrictions on freedom of establishment in respect of agricultural activities to take place by stages, persons covered by this Directive should be given a document certifying the extent of the rights they enjoy in the host country;
Whereas the conditions of establishment must not be distorted by aids granted by the Member State of departure ; whereas the special assistance already frequently given towards preparation for and achievement of establishment should not be regarded as constituting such an aid;
HAS ADOPTED THIS DIRECTIVE:
Article 1
Member States, acting in accordance with the following provisions, shall abolish all restrictions on the right of the persons specified under Title I of the General Programme for the abolition of restrictions on freedom of establishment (hereinafter called "beneficiaries under this Directive") to take up and pursue agricultural activities as self-employed persons on agricultural holdings abandoned or left uncultivated for more than two years.
Article 2
For the purposes of this Directive, "agricultural holding abandoned or left uncultivated for more than two years" means any cultivable plot of land, or group of cultivable plots of land, which has lain fallow for more than two years and which satisfies the requirements applicable to nationals of the Member State in question, particularly with regard to the minimum area for agricultural holdings.
This definition does not include ground which is lying fallow under a system of crop rotation. (1) OJ No 2, 15.1.1962, p. 36/62. (2) OJ No 134, 14.12.1962, p. 2864/62.
The presence or absence of buildings used or intended to be used for agricultural purposes on any plot or plots of land within the meaning of paragraph 1 shall not be taken into account in applying this definition.
Article 3
For the purposes of this Directive, "agricultural activities" means activities falling within Annex V to the General Programme (ex Major Group 01, Agriculture, International Standard Industrial Classification of all Economic Activities, compiled by the U.N. Statistical Office, Statistical Papers, Series M, No 4, Rev. 1, New York, 1958), and in particular: (a) general agriculture including the growing of field crops and viticulture ; growing of fruits, nuts, seeds, vegetables, flowers, both in the open and under glass;
(b) raising of livestock, poultry, rabbits, fur-bearing or other animals, bees ; and the production of meat, milk, wool, skins and fur, eggs, honey.
Felling of timber, commercial exploitation of woodlands, and planting and replanting of trees may be practised as ancillary activities on holdings as defined in Article 2, where such operations are compatible with a Member State's internal legislation and in particular with land utilisation plans.
Article 4
1. The restrictions to be abolished shall be those set out under Title III of the General Programme.
Each Member State shall in particular ensure that beneficiaries under this Directive have the right, on the same terms and with the same legal effects as its own nationals: (a) under whatever legal form, to acquire, take on lease, take by grant or licence, occupy or exploit, any holding which satisfies the provisions of Article 2 ; to exercise the right of pre-emption on the occasion of the sale of all or part of the holding;
(b) to obtain any general or special forms of credit, aid or subsidy provided for the purchase, exploitation or management of holdings which satisfy the provisions of Article 2, including measures under programmes to improve the structure of agriculture;
(c) to be members of or hold managerial positions in co-operatives, irrespective of the duties involved, or in any other agricultural associations of a co-operative nature and to form such associations, which shall likewise be open to nationals of the host country.
2. By way of derogation from the provisions of paragraph 1 and pending implementation of the provisions of the second sentence of Title IV F 3 of the General Programme, Member States which at the date of entry into force of the Treaty applied such a restriction shall retain the right to require beneficiaries under this Directive to obtain authorisation before transferring to a holding which does not satisfy the provisions of Article 2.
Article 5
1. Member States shall procure that beneficiaries under this Directive are entitled as of right to establish themselves under the same conditions as their own nationals on agricultural holdings abandoned or left uncultivated, simply upon notification and without prior authorisation.
2. Any objection raised by the competent authority on the grounds that one or more of the provisions of Articles 1, 2 and 3 is not satisfied shall, if it is to have legal effect, save in a case of fraudulent practice, be made known to the person concerned within two months of notification by that person to the competent authority of his intention, as a beneficiary under this Directive, to establish himself.
3. Member States shall grant to beneficiaries under this Directive a right of appeal against any decision whereby the competent authority raises objection to their establishment.
4. Any Member State where, as a general rule, the taking up by nationals of other Member States of the activities set out in Article 3 is still subject to their obtaining a special permit for foreign nationals shall issue to beneficiaries under this Directive, on their application and without charge, after expiry of the period provided for in paragraph 2, an individual certificate stating their special circumstances and their right, in accordance with Article 4, to the same treatment as nationals of that State.
Article 6
1. No Member State shall grant to its nationals, with a view to or on the occasion of emigration for the purpose of establishment under this Directive, any direct or indirect aid, whether financial or other, which would result in distortion of the conditions of establishment in the host country.
2. The following shall not be regarded as aids distorting the conditions of establishment: (a) Administrative, technical or social assistance towards establishment given to beneficiaries under this Directive under a system of co-operation between departments and bodies so authorised and supervised by the competent authorities of the Member State of departure and of the host Member State.
(b) Financial or practical aid given by the Member State of departure to assist a beneficiary in transporting himself, his family, personal effects, furniture, livestock, and deadstock as far as the frontier of the host country.
Article 7
1. Member States shall, not later than one month after notification of this Directive, inform the Commission of all provisions laid down by law, regulation or administrative action and of all administrative practices which, in their territory, govern specifically the acquisition, taking on lease, granting or licensing, exploitation and management, of agricultural holdings abandoned or left uncultivated.
2. Member States shall take the measures necessary to comply with this Directive within six months of its notification and shall forthwith inform the Commission thereof.
Article 8
This Directive is addressed to the Member States.
Done at Brussels, 2 April 1963.
For the Council
The President
Eugène SCHAUS |
Second Council 63/21/EEC Directive of 18 December 1962 adding to and amending the First Directive for the implementation of Article 67 of the Treaty
Official Journal 009 , 22/01/1963 P. 0062 - 0074
Danish special edition: Series I Chapter 1963-1964 P. 0005
English special edition: Series I Chapter 1963-1964 P. 0005
Greek special edition: Chapter 10 Volume 1 P. 0016
++++
( 1 ) OJ NO 43 , 12 . 7 . 1960 , PP . 919 TO 932 .
( 2 ) PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES , 12 JULY 1960 , PP . 919-932 .
SECOND COUNCIL DIRECTIVE OF 18 DECEMBER 1962 ADDING TO AND AMENDING THE FIRST DIRECTIVE FOR THE IMPLEMENTATION OF ARTICLE 67 OF THE TREATY ( 1 )
( 63/21/EEC )
THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY ,
HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 5 , 67 ( 1 ) , 69 , 105 ( 2 ) AND 106 ( 2 ) , THEREOF ;
HAVING REGARD TO THE DECISION OF 11 MAY 1960 ON THE APPLICATION TO ALGERIA AND TO THE FRENCH OVERSEAS DEPARTMENTS OF THE PROVISIONS OF THE TREATY CONCERNING THE MOVEMENT OF CAPITAL ;
HAVING REGARD TO THE FIRST DIRECTIVE OF 11 MAY 1960 FOR THE IMPLEMENTATION OF ARTICLE 67 OF THE TREATY ;
HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION , WHICH , FOR THAT PURPOSE , CONSULTED THE MONETARY COMMITTEE ;
WHEREAS IT IS APPROPRIATE TO CONSOLIDATE WITHIN THE EUROPEAN ECONOMIC COMMUNITY THE LIBERALISATION OF CAPITAL MOVEMENTS TO WHICH MEMBER STATES HAVE ALREADY COMMITTED THEMSELVES WITHIN THE FRAMEWORK OF THE ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT ;
WHEREAS THE ABOLITION OF CERTAIN RESTRICTIONS ON THE FREE MOVEMENT OF CAPITAL , CLOSELY CONNECTED WITH THE MOVEMENT OF GOODS , PERSONS AND SERVICES , IS NECESSARY TO ENSURE THE SATISFACTORY ESTABLISHMENT AND FUNCTIONING OF A COMMON MARKET IN THESE FIELDS ;
HAS ADOPTED THIS DIRECTIVE :
ARTICLE 1
ARTICLE 2 ( 3 ) OF THE FIRST DIRECTIVE OF 11 MAY 1960 FOR THE IMPLEMENTATION OF ARTICLE 67 OF THE TREATY ( HEREINAFTER CALLED " FIRST DIRECTIVE " ) IS HEREBY REPEALED .
ARTICLE 2
ANNEXES I AND II TO THE FIRST DIRECTIVE SHALL BE AMENDED AS FOLLOWS :
ANNEX I
LIST A
1 . AFTER THE WORDS " TRANSFERS OF CAPITAL BELONGING TO RESIDENTS WHO EMIGRATE " DELETE THE WORDS :
" AMOUNTS REQUIRED FOR ESTABLISHMENT WITH A VIEW TO CARRYING ON A GAINFUL ACTIVITY " .
2 . AFTER THE WORDS " TRANSFERS OF CAPITAL BELONGING TO EMIGRANTS RETURNING TO THEIR COUNTRY OF ORIGIN " :
( A ) DELETE THE WORDS :
" AMOUNTS IMPORTED AND SUMS EARNED IN CARRYING ON A GAINFUL ACTIVITY " ;
( B ) ADD THE FOLLOWING ITEMS :
* ITEMS OF NOMENCLATURE
" TRANSFERS OF WORKERS " SAVINGS DURING THEIR PERIOD OF STAY " ; * X H
" TRANSFERS BY INSTALMENT OF BLOCKED FUNDS BELONGING TO NON-RESIDENTS BY THE HOLDERS OF SUCH FUNDS IN CASE OF SPECIAL HARDSHIP " ; * X I
" ANNUAL TRANSFERS OF BLOCKED FUNDS TO ANOTHER MEMBER STATE BY A NON-RESIDENT ACCOUNT-HOLDER , UP TO AN AMOUNT OR A PERCENTAGE OF THE TOTAL ASSETS , FIXED UNIFORMLY BY THE MEMBER STATE CONCERNED FOR ALL APPLICANTS " ; * X L
" TRANSFER OF MINOR AMOUNTS ABROAD " . * X M
3 . EACH TIME THE WORDS " COMMERCIAL TRANSACTIONS " APPEAR IN THE LIST , THEY SHOULD BE FOLLOWED BY THE WORDS " OR PROVISION OF SERVICES " .
4 . THE FOLLOWING ITEMS SHALL BE ADDED AFTER ITEM XI .
* ITEMS OF NOMENCLATURE
" DEATH DUTIES " ; * XIV A
" DAMAGES ( WHERE THESE CAN BE CONSIDERED AS CAPITAL ) " ; * XIV B
" REFUNDS IN THE CASE OF CANCELLATION OF CONTRACTS AND REFUNDS OF UNCALLED-FOR PAYMENTS ( WHERE THESE CAN BE CONSIDERED AS CAPITAL ) " ; * XIV C
" AUTHORS " ROYALTIES . *
PATENTS , DESIGNS , TRADE MARKS AND INVENTIONS ( ASSIGNMENTS AND TRANSFERS ARISING OUT OF SUCH ASSIGNMENTS ) " ; * XIV D
" TRANSFERS OF THE MONEYS REQUIRED FOR THE PROVISION OF SERVICES " . * XIV E
LIST C
5 . EACH TIME THE WORDS " COMMERCIAL TRANSACTIONS " APPEAR IN THE LIST , THEY SHOULD BE FOLLOWED BY THE WORDS " OR PROVISION OF SERVICES " .
LIST D
6 . EACH TIME THE WORDS " COMMERCIAL TRANSACTIONS " APPEAR IN THE LIST , THEY SHOULD BE FOLLOWED BY THE WORDS " OR PROVISION OF SERVICES " .
7 . FOR ITEM XIV " OTHER CAPITAL MOVEMENTS " , THERE SHALL BE SUBSTITUTED THE FOLLOWING ITEM :
* ITEMS OF NOMENCLATURE
" OTHER CAPITAL MOVEMENTS : MISCELLANEOUS " . * XIV F
ANNEX II
8 . FOR THE HEADING OF CATEGORY VII " GRANTING AND REPAYMENT OF CREDITS RELATED TO COMMERCIAL TRANSACTIONS " , THERE SHALL BE SUBSTITUTED THE FOLLOWING HEADING :
" GRANTING AND REPAYMENT OF CREDITS RELATED TO COMMERCIAL TRANSACTIONS OR TO PROVISION OF SERVICES " .
9 . FOR THE HEADING OF CATEGORY VIII " GRANTING AND REPAYMENT OF LOANS AND CREDITS NOT RELATED TO COMMERCIAL TRANSACTIONS " THERE SHALL BE SUBSTITUTED THE FOLLOWING HEADING :
" GRANTING AND REPAYMENT OF LOANS AND CREDITS NOT RELATED TO COMMERCIAL TRANSACTIONS OR TO PROVISION OF SERVICES " .
10 . UNDER " PERSONAL CAPITAL MOVEMENTS " , IN CATEGORY X , THE FOLLOWING ITEMS SHALL BE INSERTED :
* ITEMS OF NOMEMCLATURE
" TRANSFERS OF WORKERS " SAVINGS DURING THEIR PERIOD OF STAY " ; * H
" TRANSFERS BY INSTALMENT OF BLOCKED FUNDS BELONGING TO NON-RESIDENTS BY THE HOLDERS OF SUCH FUNDS IN THE CASE OF SPECIAL HARDSHIP " ; * I
" ANNUAL TRANSFERS OF BLOCKED FUNDS TO ANOTHER MEMBER STATE BY A NON-RESIDENT ACCOUNT-HOLDER , UP TO AN AMOUNT OR A PERCENTAGE OF THE TOTAL ASSETS , FIXED UNIFORMLY BY THE MEMBER STATE CONCERNED FOR ALL APPLICANTS " ; * L
" TRANSFERS OF MINOR AMOUNTS ABROAD " . * M
11 . UNDER " PERSONAL CAPITAL MOVEMENTS " , IN CATEGORY XIV , THE FOLLOWING ITEMS SHALL BE INSERTED :
* ITEMS OF NOMENCLATURE
" DEATH DUTIES " ; * A
" DAMAGES ( WHERE THESE CAN BE CONSIDERED AS CAPITAL ) " ; * B
" REFUNDS IN THE CASE OF CANCELLATION OF CONTRACTS AND REFUNDS OF UNCALLED-FOR PAYMENTS ( WHERE THESE CAN BE CONSIDERED AS CAPITAL ) " ; * C
" AUTHORS " ROYALTIES . *
PATENTS , DESIGNS , TRADE MARKS AND INVENTIONS ( ASSIGNMENTS AND TRANSFERS ARISING OUT OF SUCH ASSIGNMENTS ) " ; * D
" TRANSFERS OF THE MONEYS REQUIRED FOR THE PROVISION OF SERVICES ( NOT INCLUDED IN CATEGORY IX ) " ; * E
" MISCELLANEOUS " . * F
ARTICLE 3
MEMBER STATES SHALL WITHIN THREE MONTHS OF NOTIFICATION OF THIS DIRECTIVE TAKE THE NECESSARY MEASURES TO COMPLY WITH IT AND SHALL FORTHWITH INFORM THE COMMISSION THEREOF .
ARTICLE 4
THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .
DONE AT BRUSSELS , 18 DECEMBER 1962 .
FOR THE COUNCIL
THE PRESIDENT
E . COLOMBO
AT ITS 90TH SESSION ON 17 DECEMBER 1962 , THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY APPROVED THE SECOND DIRECTIVE FOR THE IMPLEMENTATION OF ARTICLE 67 OF THE TREATY CONCERNING THE FREE MOVEMENT OF CAPITAL ADDING TO AND AMENDING THE FIRST DIRECTIVE OF 11 MAY 1960 . ( 2 )
AS THIS INSTRUMENT LED TO THE ALTERATION OF THE LISTS AND NOMENCLATURE ANNEXED TO THE FIRST DIRECTIVE , IT SEEMED APPROPRIATE TO PUBLISH THE TEXT OF THE LISTS AND NOMENCLATURE AS IT STANDS WITH ADDITIONS AND REVISIONS , FOLLOWING THE COUNCIL'S APPROVAL OF THE SECOND DIRECTIVE . THE TEXT APPEARS BELOW .
ANNEXES : SEE O.J . |
Council Directive 63/261/EEC of 2 April 1963 laying down detailed provisions for the attainment of freedom of establishment in agriculture in the territory of a Member State in respect of nationals of other countries of the Community who have been employed as paid agricultural workers in that Member State for a continuous period of two years
Official Journal 062 , 20/04/1963 P. 1323 - 1325
Finnish special edition: Chapter 6 Volume 1 P. 0003
Danish special edition: Series I Chapter 1963-1964 P. 0017
Swedish special edition: Chapter 6 Volume 1 P. 0003
English special edition: Series I Chapter 1963-1964 P. 0019
Greek special edition: Chapter 06 Volume 1 P. 0016
Spanish special edition: Chapter 06 Volume 1 P. 0016
Portuguese special edition Chapter 06 Volume 1 P. 0016
COUNCIL DIRECTIVE of 2 April 1963 laying down detailed provisions for the attainment of freedom of establishment in agriculture in the territory of a Member State in respect of nationals of other countries of the Community who have been employed as paid agricultural workers in that Member State for a continuous period of two years (63/261/EEC)
THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 54 (2) and (3) thereof;
Having regard to the General Programme for the abolition of restrictions on freedom of establishment (1) and in particular Title IV F 2 thereof;
Having regard to the proposal from the Commission;
Having regard to the Opinion of the European Parliament (2);
Having regard to the Opinion of the Economic and Social Committee;
Whereas the General Programme for the abolition of restrictions on freedom of establishment includes a special timetable for the attainment of such freedom in agriculture, which takes account of the particular nature of agricultural activities ; whereas the second measure provided for in that timetable is the abolition by Member States, at the end of the first stage of the transitional period, of restrictions on freedom of establishment in agriculture in respect of nationals of other Member States who have been continuously employed for two years as paid agricultural workers in their territory;
Whereas, in order to ensure that this Directive is correctly applied, it is necessary to define what is meant by a paid agricultural worker having been employed in that capacity in the host country for a continuous period of two years;
Whereas, when laying down the minimum period during which a person must have been actually working in the course of those two years in order for him to be able to claim the rights, provided for in this Directive, the particular nature of agricultural activities must be taken into account;
Whereas, in view of the fact that the timetable in the General Programme provides for the abolition of restrictions on freedom of establishment in respect of agricultural activities to take place by stages, persons covered by this Directive should be given a document certifying the extent of the rights they enjoy in the host country;
Whereas the conditions of establishment must not be distorted by aids granted by the Member State of origin ; whereas aid granted to a paid agricultural worker to assist him in the event of the transfer of his family, personal effects, furniture, livestock and farm implements should not be regarded as constituting such an aid;
HAS ADOPTED THIS DIRECTIVE:
Article 1
Each Member State, acting in accordance with the following provisions, shall abolish all restrictions on the right of nationals of other Member States having been employed in its territory for a continuous period of two years as paid agricultural workers (hereinafter called "beneficiaries under this Directive") to take up and pursue activities as self-employed persons in agriculture.
Article 2
1. For the purposes of this Directive, "paid agricultural worker" means any person employed under a (1) OJ No 2, 15.1.1962, p. 36/62. (2) OJ No 134, 14.12.1962, p. 2867/62.
contract of service to engage in any activity falling within Article 3 who actually performs work proper to such activity.
2. For the purposes of this Directive, a paid agricultural worker shall be considered to have been employed for a continuous period of two years if he has been engaged in work as a paid agricultural worker for two consecutive periods of twelve months during each of which he has performed a minimum of eight months of actual work in that capacity.
Public holidays, absences not exceeding a total of forty days in any one year caused by sickness, accident at work or occupational disease, and maternity leave, shall be treated as if they were periods of actual work.
3. The fact that, during such period of two consecutive years, a paid agricultural worker has retained a residence outside the host Member State, that his family has not followed him to that Member State, or that he has worked for more than one employer or in more than one of the activities falling within Article 3 shall not be taken into account for the purpose of applying paragraphs 1 and 2;
Article 3
For the purposes of this Directive, "agricultural activities" means activities falling within Annex V to the General Programme (ex Major Group 01, Agriculture, of the International Standard Industrial Classification of all Economic Activities, compiled by the UN Statistical Office, Statistical Papers, Series M, No 4, Rev. 1, New York, 1958), and in particular: (a) general agriculture including the growing of field crops and viticulture ; growing of fruits, nuts, seeds, vegetables, flowers, both in the open and under glass;
(b) raising of livestock, poultry, rabbits, fur-bearing or other animals, bees ; and the production of meat, milk, wool, skins and fur, eggs, honey;
(c) agricultural, animal husbandry and horticultural services on a fee or contract basis.
Felling of timber, commercial exploitation of woodlands, and planting and replanting of trees may be practised as ancillary activities on holdings taken over or set up under this Directive where such operations are compatible with a Member State's internal legislation and in particular with land utilisation plans.
Article 4
The restrictions to be abolished shall be those set out under Title III of the General Programme.
Each Member State shall in particular ensure that beneficiaries under this Directive have the right, on the same terms and with the same legal effects as its own nationals: (a) under whatever legal form, to acquire, take on lease, take by grant or licence, occupy or exploit, any property on which it is possible to pursue the activities set out in Article 3 ; to exercise the right of pre-emption on the occasion of the sale of all or part of the property under exploitation ; to transfer their activities to another holding;
(b) to obtain any general or special forms of credit, aid or subsidy provided for the taking up and pursuit of the activities set out in Article 3, including in particular measures to make it easier for a paid agricultural worker to take up activity as a farmer;
(c) to be members of or hold managerial positions in co-operatives, irrespective of the duties involved, or in any other agricultural associations of a co-operative nature and to form such associations, which shall likewise be open to nationals of the host country.
Article 5
1. Member States shall procure that beneficiaries under this Directive are entitled as of right to take up and pursue as self-employed persons the activities set out in Article 3 under the same conditions as their own nationals, simply upon notification and without prior authorisation.
2. Any objection raised by the competent authority on the grounds that one or more of the provisions of Articles 1, 2 and 3 is not satisfied shall, if it is to have legal effect, save in a case of fraudulent practice, be made known to the person concerned within two months of notification by that person to the competent authority of his intention, as a beneficiary under this Directive, to establish himself.
3. Member States shall grant to beneficiaries under this Directive the right to appeal against any decision whereby the competent authority raises objection to their establishment.
4. Any Member State where, as a general rule, the taking up by nationals of other Member States of the activities set out in Article 3 is still subject to their obtaining a special permit for foreign nationals shall issue to beneficiaries under this Directive, on their application and without charge, after expiry of the period provided for in paragraph 2, an individual certificate stating their special circumstances and their right, in accordance with Article 4, to the same treatment as nationals of that State.
Article 6
1. No Member State shall grant to its nationals, with the view to or on the occasion of their establishment under this Directive, any direct or indirect aid, whether financial or other, which would result in distortion of the conditions of establishment in the host country.
2. Any financial or practical aid given by the Member State of origin of a paid agricultural worker to assist him in transporting his family, personal effects, furniture, livestock, and deadstock as far as the frontier of the host country shall not be regarded as an aid distorting the conditions of establishment.
Article 7
1. Member States shall, not later than one month after notification of this Directive, inform the Commission of all provisions laid down by law, regulation or administrative action and of all administrative practices which, in their territory, govern specifically the taking up in a self-employed capacity by paid agricultural workers of the activities set out in Article 3.
2. Member States shall take the measures necessary to comply with this Directive within six months of its notification and shall forthwith inform the Commission thereof.
Article 8
This Directive is addressed to the Member States.
Done at Brussels, 2 April 1963.
For the Council
The President
Eugène SCHAUS |
63/27/Euratom: Council Decision of 18 June 1963 on the establishment of the 'Kernkraftwerk RWE-Bayernwerk GmbH' Joint Undertaking
Official Journal 093 , 22/06/1963 P. 1745 - 1748
Danish special edition: Series I Chapter 1963-1964 P. 0029
English special edition: Series I Chapter 1963-1964 P. 0032
Spanish special edition: Chapter 12 Volume 1 P. 0076
Portuguese special edition Chapter 12 Volume 1 P. 0076
COUNCIL DECISION of 18 June 1963 on the establishment of the "Kernkraftwerk RWE-Bayernwerk GmbH" Joint Undertaking (63/27/Euratom)
THE COUNCIL OF THE EUROPEAN ATOMIC ENERGY COMMUNITY,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Articles 1 and 49 thereof;
Having regard to the Opinion of the Commission;
Having regard to the proposal from the Commission;
Having regard to the Report of the Commission;
Whereas the objects of "Kernkraftwerk RWE-Bayernwerk GmbH" (KRB) are to construct, equip and operate a nuclear power station of the order of 237 MWe at Gundremmingen, State of Bavaria, Federal Republic of Germany;
Whereas KRB has for this purpose applied for establishment for a period of twenty-five years as a Joint Undertaking;
Whereas the Statutes of KRB are compatible with the provisions of the Treaty which relate to Joint Undertakings, and whereas Article 15 in particular of those Statutes provides that if KRB is established as a Joint Undertaking it will be governed by the provisions of the Treaty, by acts adopted in implementation thereof and in particular by this Decision;
Whereas it is the task of the Community to contribute to the raising of the standard of living in the Member States and to the development of relations with the other countries by creating the conditions necessary for the speedy establishment and growth of nuclear industries;
Whereas, notwithstanding the economic risks at present inherent in such an undertaking, it is important that there should be established from now onwards large nuclear power stations incorporating all the progress achieved hitherto;
Whereas the project put forward by KRB is therefore, at the present stage of the application of nuclear techniques to production of energy, of fundamental importance to the development of the nuclear industry in the Community;
HAS ADOPTED THIS DECISION:
Article 1
"Kernkraftwerk RWE-Bayernwerk GmbH" (KRB) is hereby established as a Joint Undertaking within the meaning of the Treaty for a period of twenty-five years from the date of entry into force of this Decision.
The objects of KRB shall be to construct, equip and operate a nuclear power station with a capacity of the order of 237 MWe at Gundremmingen, State of Bavaria, Federal Republic of Germany.
Article 2
The Statutes of KRB annexed to this Decision are hereby approved.
Article 3
If the advantages conferred on KRB by special Decision of the Council pursuant to Annex III to the Treaty are completely withdrawn before the expiry of the period referred to in Article 1, the Council shall at the same time withdraw the status of Joint Undertaking from KRB by means of a Decision which shall be published.
Article 4
This Decision shall be published in the Official Journal of the European Communities. It shall enter into force on the date of its publication.
Done at Brussels, 18 June 1963.
For the Council
The President
Eugène SCHAUS
ANNEX STATUTES
Article 1
Name of the company
The name of the company is:
"Kernkraftwerk RWE-Bayernwerk Gesellschaft mit beschränkter Haftung".
Article 2
Seat of the company
The seat of the company is at Gundremmingen.
Article 3
Objects of the company
The objects of the company are to construct and operate a nuclear power station.
Article 4
Capital
The capital of the company is DM 30 000 000 (thirty million German marks).
Article 5
Subscribed capital
On the formation of the company the members subscribed the following amounts: (a) "Rheinisch-Westfälisches Elektrizitätswerk Aktiengesellschaft", Essen : DM 7 500 000;
(b) "Bayernwerk Aktiengesellschaft", Munich : DM 2 500 000.
When the capital was increased on 10 June 1963, the members subscribed the following amounts: (a) "Rheinisch-Westfälisches Elektrizitätswerk Aktiengesellschaft", Essen : DM 15 000 000;
(b) "Bayernwerk Aktiengesellschaft", Munich : DM 5 000 000.
Article 6
Disposal of shares
Neither member shall dispose of any part of its shares without the assent of the other.
Article 7
Administrative organs of the company
The company shall have two administrative organs: (a) the manager or managers;
(b) the general meeting of the members.
Article 8
Management
The company shall have one manager or more than one.
The manager or managers shall be appointed and dismissed by the general meeting of the members. These appointments shall be for a period of five years and shall be renewable.
Article 9
Representation of the company
If there is more than one manager, the company shall be represented by two managers acting jointly or by one of them acting jointly with an employee holding a power of attorney.
Article 10
Powers and duties of managers
Managers shall conduct the business of the company in accordance with the law, these statutes and the resolutions of the general meeting.
Managers shall obtain the approval of the general meeting regarding any matter which does not concern the conduct of day-to-day business. The creation of charges on the immoveable property of the company does not form part of the conduct of the day-to-day business.
Article 11
Convening of a general meeting
A general meeting of the members shall be convened by the management at least two weeks in advance by notice in writing which shall specify the place, date and agenda of the meeting.
Upon requisition by one of the members, the management shall forthwith convene a general meeting.
Members may waive the formalities and period of notice laid down in the first paragraph.
Article 12
Proceedings
The general meeting may not alter the Statutes of the company save unanimously. Provisions of law in force shall apply as regards all other resolutions of the general meeting.
Resolutions of the general meeting not expressed in a document certified by a notary shall be recorded in minutes signed by the members.
Article 13
Financial year
The company financial year shall be the calendar year. The first financial year shall end on 31 December 1962.
Article 14
Closing of accounts
Within four months after the end of each financial year, the management shall draw up the balance sheet, the profit and loss account and the report for the preceding financial year.
Article 15
Joint Undertaking
If the company is established as a Joint Undertaking within the meaning of the Treaty establishing the European Atomic Energy Community it shall be subject, for the whole of the period of its activity as such, to the provisions of the Euratom Treaty which relate to Joint Undertakings and also to the Decisions of the Council of Ministers of the European Atomic Energy Community establishing it as a Joint Undertaking and conferring on it any of the advantages listed in Annex III to the Treaty. In particular: (a) amendments to these Statutes shall not enter into force until they have been approved by the Council of Ministers, pursuant to Article 50 of the Treaty;
(b) in accordance with Article 171 (3) of the Euratom Treaty, the company's profit and loss accounts and balance sheets relating to the preceding financial year shall, within one month after their approval by the general meeting, be sent by the management to the Commission of Euratom, which shall place them before the Council of Ministers and the European Parliament. The estimates of revenue and expenditure shall be submitted in accordance with the same procedure one month at the latest before the beginning of each financial year.
Subject to the foregoing provisions, the company shall continue to be governed by German law and in particular by the Law of 20 April 1892 relating to companies with limited liability. |
Regulation No 99/63/EEC of the Commission of 25 July 1963 on the hearings provided for in Article 19 (1) and (2) of Council Regulation No 17
Official Journal 127 , 20/08/1963 P. 2268 - 2270
Finnish special edition: Chapter 8 Volume 1 P. 0032
Danish special edition: Series I Chapter 1963-1964 P. 0042
Swedish special edition: Chapter 8 Volume 1 P. 0032
English special edition: Series I Chapter 1963-1964 P. 0047
Greek special edition: Chapter 08 Volume 1 P. 0037
Spanish special edition: Chapter 08 Volume 1 P. 0062
Portuguese special edition Chapter 08 Volume 1 P. 0062
REGULATION No 99/63/EEC OF THE COMMISSION of 25 July 1963 on the hearings provided for in Article 19 (1) and (2) of Council Regulation No 17
THE COMMISSION OF THE EUROPEAN ECONOMIC COMMUNITY,
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 87 and 155 thereof;
Having regard to Article 24 of Council Regulation No 17 (1) of 6 February 1962 (First Regulation implementing Articles 85 and 86 of the Treaty);
Whereas the Commission has power under Article 24 of Council Regulation No 17 to lay down implementing provisions concerning the hearings provided for in Article 19 (1) and (2) of that Regulation;
Whereas in most cases the Commission will in the course of its inquiries already be in close touch with the undertakings or associations of undertakings which are the subject thereof and they will accordingly have the opportunity of making known their views regarding the objections raised against them;
Whereas, however, in accordance with Article 19 (1) of Regulation No 17 and with the rights of defence, the undertakings and associations of undertakings concerned must have the right on conclusion of the inquiry to submit their comments on the whole of the objections raised against them which the Commission proposes to deal with in its decisions;
Whereas persons other than the undertakings or associations of undertakings which are the subject of the inquiry may have an interest in being heard ; whereas, by the second sentence of Article 19 (2) of Regulation No 17, such persons must have the opportunity of being heard if they apply and show that they have a sufficient interest;
Whereas it is desirable to enable persons who, pursuant to Article 3 (2) of Regulation No 17, have applied for an infringement to be terminated to submit their comments where the Commission considers that on the basis of the information in its possession there are insufficient grounds for granting the application;
Whereas the various persons entitled to submit comments must do so in writing, both in their own interest and in the interests of good administration, without prejudice to oral procedure where appropriate to supplement the written evidence;
Whereas it is necessary to define the rights of persons who are to be heard, and in particular the conditions upon which they may be represented or assisted and the setting and calculation of time limits;
Whereas the Advisory Committee on Restrictive Practices and Monopolies delivers its Opinion on the basis of a preliminary draft decision ; whereas it must therefore be consulted concerning a case after the inquiry in respect thereof has been completed ; whereas such consultation does not prevent the Commission from re-opening an inquiry if need be;
HAS ADOPTED THIS REGULATION:
Article 1
Before consulting the Advisory Committee on Restrictive Practices and Monopolies, the Commission shall hold a hearing pursuant to Article 19 (1) of Regulation No 17.
Article 2
1. The Commission shall inform undertakings and associations of undertakings in writing of the objections raised against them. The communication shall be addressed to each of them or to a joint agent appointed by them.
2. The Commission may inform the parties by giving notice in the Official Journal of the European (1) OJ No 13, 21.2.1962, p. 204.
Communities, if from the circumstances of the case this appears appropriate, in particular where notice is to be given to a number of undertakings but no joint agent has been appointed. The notice shall have regard to the legitimate interest of the undertakings in the protection of their business secrets.
3. A fine or a periodic penalty payment may be imposed on an undertaking or association of undertakings only if the objections were notified in the manner provided for in paragraph 1.
4. The Commission shall when giving notice of objections fix a time limit up to which the undertakings and associations of undertakings may inform the Commission of their views.
Article 3
1. Undertakings and associations of undertakings shall, within the appointed time limit, make known in writing their views concerning the objections raised against them.
2. They may in their written comments set out all matters relevant to their defence.
3. They may attach any relevant documents in proof of the facts set out. They may also propose that the Commission hear persons who may corroborate those facts.
Article 4
The Commission shall in its decisions deal only with those objections raised against undertakings and associations of undertakings in respect of which they have been afforded the opportunity of making known their views.
Article 5
If natural or legal persons showing a sufficient interest apply to be heard pursuant to Article 19 (2) of Regulation No 17, the Commission shall afford them the opportunity of making known their views in writing within such time limit as it shall fix.
Article 6
Where the Commission, having received an application pursuant to Article 3 (2) of Regulation No 17, considers that on the basis of the information in its possession there are insufficient grounds for granting the application, it shall inform the applicants of its reasons and fix a time limit for them to submit any further comments in writing.
Article 7
1. The Commission shall afford to persons who have so requested in their written comments the opportunity to put forward their arguments orally, if those persons show a sufficient interest or if the Commission proposes to impose on them a fine or periodic penalty payment.
2. The Commission may likewise afford to any other person the opportunity of orally expressing his views.
Article 8
1. The Commission shall summon the persons to be heard to attend on such date as it shall appoint.
2. It shall forthwith transmit a copy of the summons to the competent authorities of the Member States, who may appoint an official to take part in the hearing.
Article 9
1. Hearings shall be conducted by the persons appointed by the Commission for that purpose.
2. Persons summoned to attend shall appear either in person or be represented by legal representatives or by representatives authorised by their constitution. Undertakings and associations of undertakings may moreover be represented by a duly authorised agent appointed from among their permanent staff.
Persons heard by the Commission may be assisted by lawyers or university teachers who are entitled to plead before the Court of Justice of the European Communities in accordance with Article 17 of the Protocol on the Statute of the Court, or by other qualified persons.
3. Hearings shall not be public. Persons shall be heard separately or in the presence of other persons summoned to attend. In the latter case, regard shall be had to the legitimate interest of the undertakings in the protection of their business secrets.
4. The essential content of the statements made by each person heard shall be recorded in minutes which shall be read and approved by him.
Article 10
Without prejudice to Article 2 (2), information and summonses from the Commission shall be sent to the addressees by registered letter with acknowledgement of receipt, or shall be delivered by hand against receipt.
Article 11
1. In fixing the time limits provided for in Articles 2, 5 and 6, the Commission shall have regard both to the time required for preparation of comments and to the urgency of the case. The time limit shall be not less than two weeks ; it may be extended.
2. Time limits shall run from the day following receipt of a communication or delivery thereof by hand.
3. Written comments must reach the Commission or be dispatched by registered letter before expiry of the time limit. Where the time limit would expire on a Sunday or public holiday, it shall be extended up to the end of the next following working day. For the purpose of calculating this extension, public holidays shall, in cases where the relevant date is the date of receipt of written comments, be those set out in the Annex to this Regulation, and in cases where the relevant date is the date of dispatch, those appointed by law in the country of dispatch.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 July 1963.
For the Commission
The President
Walter HALLSTEIN
ANNEX
referred to in the third sentence of Article 11 (3)
(List of public holidays) |
EEC: Council Directive on the approximation of the rules of the Member States concerning the colouring matters authorized for use in foodstuffs intended for human consumption
Official Journal 115 , 11/11/1962 P. 2645 - 2654
Finnish special edition: Chapter 13 Volume 1 P. 0014
Swedish special edition: Chapter 13 Volume 1 P. 0014
Danish special edition: Series I Chapter 1959-1962 P. 0248
English special edition: Series I Chapter 1959-1962 P. 0279 - 0290
Greek special edition: Chapter 03 Volume 1 P. 0071
Spanish special edition: Chapter 13 Volume 1 P. 0001
Portuguese special edition Chapter 13 Volume 1 P. 0001
COUNCIL DIRECTIVE on the approximation of the rules of the Member States concerning the colouring matters authorised for use in foodstuffs intended for human consumption
THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY,
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 100 and 227 (2) thereof;
Having regard to the proposal from the Commission;
Having regard to the Opinion of the European Parliament;
Having regard to the Opinion of the Economic and Social Committee;
Whereas all rules relating to the colouring matters which may be used in foodstuffs intended for human consumption must give priority to the protection of public health, but the protection of the consumer against falsification and the needs of the economy must also be taken into consideration;
Whereas differences between national rules concerning these colouring matters hinder the free movement of foodstuffs and may create conditions of unfair competition, thereby directly affecting the establishment or functioning of the common market;
Whereas the approximation of these rules is necessary for the free movement of foodstuffs;
Whereas the harmonisation of such rules must involve, as a first stage, the establishment of a single list of colouring matters whose use is authorised for colouring foodstuffs and the laying down of criteria of purity which those colouring matters must satisfy, while, during a second stage, the Council is to take decisions on the harmonisation of the conditions governing the colouring of foodstuffs;
Whereas, in order to take the economic needs of certain States into account, a period should be set during which such Member States may, in respect of certain colouring matters, retain their existing rules, it being understood that during that period the Council may, in the light of any scientific research carried out, take decisions as to the authorisation of such colouring matters;
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. Save as otherwise provided in Article 2, 3, 4 or 13, Member States shall not authorise the use for colouring foodstuffs intended for human consumption (hereinafter called "foodstuffs") of any colouring matters other than those listed in Annex I.
2. The use of such colouring matters for colouring foodstuffs shall not be subject to any general prohibition.
3. Where the use in foodstuffs of one of the colouring matters listed in Annex I might endanger human health, a Member State may, for a maximum period of one year, suspend the authorisation to use that colouring matter in foodstuffs. It shall inform the other Member States and the Commission of any such suspension within one month. The Council shall, acting unanimously on a proposal from the Commission and by directive, forthwith decide whether the list in Annex I should be amended and, if so, to what extent. The Council may, if necessary, extend the period set in the first sentence of this paragraph.
4. The provisions of this Directive shall also apply to imported products, whether or not processed, intended for consumption within the Community.
Article 2
1. For a period of three years following notification of this Directive, Member States may maintain the provisions of their existing national rules concerning the colouring matters listed in Annex II.
2. Before expiry of the period set in paragraph 1, the Council may, under Article 100 of the Treaty, act on a proposal for a directive authorising the use of these colouring matters. Authorisation may be granted only if, after scientific investigation, these colouring matters are proved harmless to health and if their use is necessary for economic reasons. Where the Council has not acted within the period set in paragraph 1, Article 12 shall apply.
Article 3
This Directive shall not affect national rules concerning natural substances which are used in the manufacture of certain foodstuffs because of their aromatic, rapid or nutritive properties but which also have a subsidiary colouring property, for example paprika, turmeric, saffron and sandal-wood in particular.
Article 4
This Directive shall not affect national rules concerning colouring matters authorised: (a) for colouring the shells of hard boiled eggs, tobacco and manufactured tobacco;
(b) for stamping meat, citrus fruit, cheese-rinds, the shells of eggs and other external parts not usually consumed with the foodstuffs.
Article 5
This Directive shall not affect national rules specifying which foodstuffs may be coloured by means of the colouring matters listed in Annexes I and II or on what conditions they may be so treated.
Article 6
The Member States shall, for diluting or dissolving the colouring matters listed in Annex I, authorise the use of the following products only:
Sodium carbonate and sodium hydrogen carbonate
Sodium chloride
Sodium sulphate
Glucose
Lactose
Sucrose
Dextrins
Starches
Ethanol
Glycerol
Sorbitol
Edible oils and fats
Beeswax
Water.
Article 7
By way of derogation from Articles 5 and 6, Member States may authorise the use of pigment rubine and of burnt umber, whether or not mixed with paraffin wax or with other harmless substances, only for colouring cheese-rinds.
Article 8
The Member States shall take all measures necessary: - to ensure that the colouring matters listed in Annex I, where these are used to colour foodstuffs, satisfy the criteria, both general and specific, laid down in Annex III;
- to ensure that the products listed in Article 6, where these are used to dilute or dissolve the colouring matters listed in Annex I, satisfy the general criteria of purity laid down in Annex III, Section A (1) and (2) (b).
Article 9
1. The Member States shall take all measures necessary to ensure that the colouring matters listed in Annex I are placed on the market only if their packagings or containers bear: (a) the name and address of the manufacturer or of the seller established within the European Economic Community;
(b) the number of colouring matter or matters according to the European Economic Community numbering system given in Annex I;
(c) the words "colouring matter for foodstuffs".
2. If the information required under paragraph 1 appears on the packagings or containers and if the words required under paragraph 1 (c) are given in two of the official languages of the Community, one of Germanic and the other of Latin origin, Member States shall not refuse to allow the importation of colouring matters listed in Annex I solely on the grounds that they consider the labelling inadequate.
Article 10
This Directive shall apply to chewing gum in so far as the latter contains any colouring matter.
Article 11
1. The Council, acting unanimously on a proposal from the Commission, may amend by directive the criteria of purity laid down in Annex III if it becomes evident, in particular in the light of scientific research, that this is necessary for the protection of public health.
2. After consulting the Member States, the Commission shall establish by directive the methods of analysis needed to verify that the criteria of purity laid down in Annex III are satisfied.
Article 12
1. Member States shall, within a period of one month following notification of this Directive, amend their rules in accordance with the above provisions. The rules thus amended shall apply to products placed on the market in Member States not later than two years after that notification.
2. Where the last sentence of Article 2 (2) is applicable, the date of expiry of the period set in that Article shall be substituted for the date of notification referred to in the preceding paragraph.
Article 13
This Directive shall not affect the provisions of national rules concerning products intended for exportation from the Community.
Article 14
This Directive shall also apply in the French overseas departments.
Article 15
This Directive is addressed to the Member States.
Done at Brussels, 23 October 1962.
For the Council
The President
E. COLOMBO
ANNEX I
The colouring matters referred to in Article 1 of this Directive are listed in the three sections below.
The chemical name given is usually that of the colouring matter when combined with sodium. Except as provided in respect of No E 180, pigment rubine, the use is authorised of the acid itself, of the colouring matter combined with sodium, calcium, potassium and aluminium, whether these combinations are mentioned or not, and of other combinations where stated.
Synthetic chemical products which are identical to the natural colouring matters listed below are also authorised.
ANNEX II
ANNEX III Criteria of Purity
A. GENERAL CRITERIA OF PURITY
Unless otherwise provided in the specific criteria in Section B the colouring matters referred to in Annex I are required to satisfy the following criteria of purity, quantities and percentages being calculated on the pure colour. 1. Inorganic impurities (a) They should contain not more than 5 mg/kg of arsenic and not more than 20 mg/kg of lead;
(b) They should contain not more than 100 mg/kg of the following substances, taken separately : antimony, copper, chromium, zinc, barium sulphate ; and not more than 200 mg/kg of these products taken together;
(c) They should not contain cadmium, mercury, selenium, tellurium, thallium, uranium or chromates, or soluble combinations of barium in detectable quantities.
2. Organic impurities (a) They should not contain 2-naphthylamine, benzidine, amino-4-diphenyl (or xenylamine) or their derivatives;
(b) They should not contain polycyclic aromatic hydrocarbons;
(c) Synthetic organic colouring matters should contain not more than 0 701 % of free aromatic amines;
(d) Synthetic organic colouring matters should contain not more than 0 75 % of intermediate synthetic products other than free aromatic amines;
(e) Synthetic organic colouring matter should contain not more than 4 % of accessory colouring matters (isomers, homologues etc.);
(f) Sulphonated organic colouring matters should contain not more than 0 72 % of substances extractable by diethyl ether.
B. SPECIFIC CRITERIA OF PURITY
E 101 - Lactoflavin (Riboflavin)
Lumiflavin : Prepare ethanol-free chloroform as follows : Shake 20 ml of chloroform with 20 ml of water gently but carefully for three minutes and allow time to separate. Draw off the chloroform layer and repeat the operation twice using 20 ml each time. Finally, filter the chloroform through dry filter paper, shake the filtrate well for five minutes with 5 g of powdered anhydrous sodium sulphate, leave the mixture to settle for two hours, then decant or filter the clear chloroform. Shake 25 mg of riboflavin with 10 ml of ethanol-free chloroform for five minutes, then filter : the colour of the filtrate should not be more intense than that of an aqueous solution obtained by diluting 3 ml of 0 71 N potassium dichromate to 1000 ml.
E 102 - Tartazine
Products insoluble in water : not more than 0 72 %
Accessory colourings : not more than 1 %
E 103 - Chrysoine S
Products insoluble in water : not more than 0 72 %
E 104 - Quinoline Yellow
Products insoluble in water : not more than 0 72 %
E 105 - Fast Yellow AB
Products insoluble in water : not more than 0 72 %
Accessory colourings : not more than 3 %
Unsulphonated aromatic amines and aniline : not more than 10 mg/kg (a) Determination of 2-aminoazobenzene and 4-aminoazobenzene : Dissolve 20 70 g of Fast Yellow AB in 400 ml of water and add 5 ml of N sodium hydroxide. Shake in a separating funnel with four successive portions of 50 ml of chlorobenzene, for five minutes each time. Wash the combined chlorobenzene extracts with successive amounts of 400 ml of 0 71 N sodium hydroxide until the upper aqueous layer remains colourless. Filter the chlorobenzene solution through a thickly-folded filter paper and measure the extinction (E1) in a spectrophotometer against chlorobenzene contained in cells of suitable thickness (d1) at 414 m¶.
Calculation:
Note:
The aminoazobenzene content can be determined only up to 90 %. It is possible to separate the 2- and 4- compounds by the following method. Concentrate 100 ml of chlorobenzene extract to about 20 ml by heating in a water bath in a current of warm air. Pour the concentrated solution on a column of alumina (of appropriate size). Elute with chlorobenzene. The first 100 ml of the chlorobenzene eluate contains the 2-aminoazobenzene. The para compound of the chlorobenzene is then eluted. Dilute the two solutions to 100 ml. Measure the extinction of the ortho-compound at 414 m¶ (E2), and that of the para-compound at 376 m¶ (E3).
(b) Determination of aniline : Shake 75 ml of the remaining chlorobenzene extract with two successive portions of 50 ml of 0 75 N hydrochloric acid, then with two successive portions of 25 ml of water. Neutralise the combined aqueous extracts with a 30 % solution of sodium hydroxide, then acidify with 10 ml of 0 75 N hydrochloric acid. Dissolve 1-2 g of potassium bromide in this solution. After cooling in iced water, add about 20 drops of 0 71 N sodium nitrate and leave to settle for ten minutes. Remove the excess nitrite by the addition of sulphamic acid. Pour the solution into about 5 ml of a 3 % solution of R salt (disodium salt of 2-naphthol-3, 6-disulphonic acid) added to 10 ml of 2 N sodium hydroxide. Leave to settle for fifteen minutes. Acidify the solution of the dyestuff with Congo Red TS (indicator) until the latter turns blue, and filter. The aminoazobenzene dyestuff will remain on the filter. Dilute the filtrate to 200 ml, then measure the extinction at 490 m¶ or E4.
Calculation:
E 110 - Orange Yellow S, Sunset Yellow FCF
Products insoluble in water : not more than 0 72 %
E 111 - Orange GGN
Products insoluble in water : not more than 0 72 %
E 120 - Cochineal, carminic acid
Paper chromatography : with a solution of 2 g of trisodium citrate in 100 ml 5 % ammonium hydroxide, cochineal gives only a single stain in the alkaline zone.
E 122 - Azorubin, Carmoisine
Products insoluble in water : not more than 0 72 %
Accessory colourings : not more than 1 %
E 123 - Amaranth
Products insoluble in water : not more than 0 72 %
E 124 - Cochineal Red A, Ponceau 4 R
Products insoluble in water : not more than 0 72 %
E 125 - Scarlet GN
Products insoluble in water : not more than 0 72 %
E 126 - Ponceau 6 R
Products insoluble in water : not more than 0 72 %
Accessory colourings : not more than 3 %
E 131 - Patent Blue V
Products insoluble in water : not more than 0 75 %
Chromium (estimated as CR) : not more than 20 mg/kg
Accessory colourings : not more than 1 %
E 132 - Indigotin indigo carmine
Products insoluble in water : not more than 0 72 %
Accessory colourings : not more than 1 %
Isatinsulphonic acid : not more than 1 %
E 141 - Copper complexes of chlorophylls and chlorophyllins
A 1 % solution of copper chlorophyll complex in turpentine should not be turbid and should not form a sediment.
Copper (free ionisable Cu) : not more than 200 mg/kg
E 151 - Brilliant Black BN, Black PN
Products insoluble in water : not more than 0 72 %
Accessory colourings : not more than 15 %. (The presence of accessory colourings among which the diacetylised compound has been identified is essential in order to obtain the precise shade.)
Intermediate products : not more than 1 %
E 152 - Black 7984
Products insoluble in water : not more than 0 72 %
Lead : not more than 10 mg/kg
Arsenic : not more than 2 mg/kg
E 153 - Carbo medicinalis vegetalis (charcoal)
Higher aromatic hydrocarbons : Extract 1 g of carbon black with 10 g of pure cyclohexane for two hours. The extract should be colourless. It should have little or no fluorescence in ultra-violet light ; on evaporation it should leave no residue.
Tarry products : boil 2 g of carbon black with 20 ml of N sodium hydroxide, then filter. The filtrate should be colourless.
E 160 (a) - Alpha-, Beta-, Gamma-Carotene
Chromatography : By absorption on alumina or silica gel, pure Beta-carotene shows only one zone.
E 160 (b) - Bixin and Norbixin (Roucou, Annatto)
Chromatography: (a) Annatto : Dissolve a sufficient quantity of Annatto in benzene or dilute a benzene solution of Annatto to obtain a solution of the same colour as a 1 % solution of potassium dichromate. Pour 3 ml of the solution on the top of an alumina column ; elute slowly. Wash the column three times with benzene. The bixin is very heavily absorbed on the surface of the alumina and forms a brilliant orange-red zone (as distinct from crocetin saffron). A very pale yellow zone usually moves very rapidly across the column, even with crystallised pure bixin. The bixin cannot be eluted in benzene, light petroleum, ether, chloroform, acetone, etharol or methanol. But the ethanol and methanol cause the orange tint to turn into an orange yellow.
Carr-Price reaction : Remove the benzene from the column by washing three times with chloroform previously dehydrated by means of potassium carbonate. After elution of the last chloroform wash, add 5 ml of the Carr-Price reagent to the top of the column. The bixin zone immediately turns to blue-green (as distinct from crocetin).
(b) Bixin : Dissolve 1 to 2 mg of crystallised bixin in 20 ml of chloroform. Add 5 ml of this solution to the top of the prepared column. Rinse the solution with chloroform previously dehydrated with sodium carbonate and proceed as for (a) (Carr-Price reaction).
(c) Alkaline solutions of norbixin : Place 2 ml of an aqueous solution of Annatto in a 50 ml separating funnel. Add sufficient 2 N sulphuric acid to obtain a highly acid reaction. The norbixin will separate out as a red precipitate. Add 50 ml of benzene, then shake vigorously. After separation discard the aqueous layer and wash the benzene solution with 100 ml of water until the solution is no longer acid. Centrifuge the solution (usually emulsified) of norbixin in benzene for ten minutes at 2500 revolutions per minute. Decant the clear norbixin solution and dehydrate by means of anhydrous sodium sulphate. Pour 3-5 ml of this solution on the top of the alumina column. Norbixin like bixin will form an orange-red zone on the surface of the alumina. When eluted as in (a), it will behave like bixin and will also give the Carr-Price reaction.
E 162 - Beetroot red, betanin
Paper Chromatography : With butanol saturated with 2 N hydrochloric acid as a solvent (ascending chromatography), betanin gives a single red spot with a brownish trail and little migration.
E 171 - Titanium dioxide
Substances soluble in hydrochloric acid : Suspend 5 g of titanium dioxide in 100 ml of 0 75 N hydrochloric acid and heat for thirty minutes in a water bath, stirring from time to time. Filter in a Gooch crucible on the bottom of which three layers have been placed, the first of coarse asbestos the second of filter paper reduced to a pulp and the third of fine asbestos. Wash with three successive portions of 0 75 N hydrochloric acid each of 10 ml. Evaporate the filtrate to dryness in a platinum evaporating dish, then heat to a dull red until the weight is constant. The weight of the residue should not exceed 0 70175 g.
Antimony : not more than 100 mg/kg
Zinc : not more than 50 mg/kg
Soluble barium compounds : not more than 5 mg/kg
E 172 - Iron oxides and hydroxides
Selenium : not more than 1 mg/kg
Mercury : not more than 1 mg/kg
E 181 - Burnt umber
Manganese oxides computed on the basis of Mn3O4 : not more than 8 %
Organic matters not completely burnt : Boil 2 g of burnt umber in 30 ml of a 20 % solution of potassium hydroxide, then filter. The filtrate should be colourless. |
EEC: Regulation No 27 of the Commission: First Regulation implementing Council Regulation No 17 of 6 February 1962
Official Journal 035 , 10/05/1962 P. 1118 - 1120
Finnish special edition: Chapter 8 Volume 1 P. 0014
Swedish special edition: Chapter 8 Volume 1 P. 0014
Danish special edition: Series I Chapter 1959-1962 P. 0123
English special edition: Series I Chapter 1959-1962 P. 0132
Greek special edition: Chapter 08 Volume 1 P. 0034
Spanish special edition: Chapter 08 Volume 1 P. 0031
Portuguese special edition Chapter 08 Volume 1 P. 0031
REGULATION No 27 OF THE COMMISSION First Regulation implementing Council Regulation No 17 of 6 February 1962 (Form, content and other details concerning applications and notifications)
THE COMMISSION OF THE EUROPEAN ECONOMIC COMMUNITY,
Having regard to the provisions of the Treaty establishing the European Economic Community, and in particular Articles 87 and 155 thereof;
Having regard to Article 24 of Council Regulation No 17 of 6 February 1962 (First Regulation implementing Articles 85 and 86 of the Treaty);
Whereas under Article 24 of Council Regulation No 17 the Commission is authorised to adopt implementing provisions concerning the form, content and other details of applications under Articles 2 and 3 and of notifications under Articles 4 and 5 of that Regulation;
Whereas the submission of such applications and notifications may have important legal consequences for each of the undertakings which is party to an agreement, decision or concerted practice ; whereas every undertaking should accordingly have the right to submit an application or a notification to the Commission ; whereas, furthermore, an undertaking exercising this right must inform the other undertakings which are parties to the agreement, decision or concerted practice in order to enable them to protect their interests;
Whereas it is for the undertakings and associations of undertakings to transmit to the Commission information as to facts and circumstances in support of applications under Article 2 and of notifications under Articles 4 and 5;
Whereas it is desirable to prescribe forms for use in applications for negative clearance relating to implementation of Article 85 (1) and for notifications relating to implementation of Article 85 (3) of the Treaty, in order to simplify and accelerate consideration by the competent departments, in the interests of all concerned;
HAS ADOPTED THIS REGULATION:
Article 1
Persons entitled to submit applications and notifications
1. Any undertaking which is party to agreements, decisions or practices of the kind described in Articles 85 and 86 of the Treaty may submit an application under Article 2 or a notification under Articles 4 and 5 of Regulation No 17. Where the application or notification is submitted by some, but not all, of the undertakings concerned, they shall give notice to the others.
2. Where applications and notifications under Articles 2, 3 (1), 3 (2) (b), 4 and 5 of Regulation No 17 are signed by representatives of undertakings, associations of undertakings, or natural or legal persons, such representatives shall produce written proof that they are authorised to act.
3. Where a joint application or notification is submitted, a joint representative should be appointed.
Article 2
Submission of applications and notifications
1. Seven copies of each application and notification and of the supporting documents shall be submitted to the Commission.
2. The supporting documents shall be either originals or copies. Copies must be certified as true copies of the original.
3. Applications and notifications shall be in one of the official languages of the Community. Supporting documents shall be submitted in their original language. Where the original language is not one of the official languages, a translation in one of the official languages shall be attached.
Article 3
Effective date of submission of applications and registrations
The date of submission of an application or notification shall be the date on which it is received by the Commission. Where, however, the application or notification is sent by registered post, it shall be deemed to have been received on the date shown on the postmark of the place of posting.
Article 4
Content of applications and notifications
1. Applications under Article 2 of Regulation No 17, relating to Article 85 (1) of the Treaty, shall be submitted on Form A as shown in the Annex to this Regulation.
2. Notifications under Article 4 or Article 5 of Regulation No 17 shall be submitted on Form B as shown in the Annex to this Regulation.
3. Applications and notifications shall contain the information asked for in the forms.
4. Several participating undertakings may submit an application or notification on a single form.
5. Applications under Article 2 of Regulation No 17, relating to Article 86 of the Treaty, shall include a full statement of the facts, specifying, in particular, the practice concerned and the position of the undertaking or undertakings within the common market or a substantial part thereof in regard to products or services to which the practice relates.
Article 5
Transitional provisions
1. Applications and notifications submitted prior to the date of entry into force of this Regulation otherwise than on the prescribed forms shall be deemed to comply with Article 4 of this Regulation.
2. The Commission may require a duly completed form to be submitted to it within such time as it shall appoint. In that event, applications and notifications shall be treated as properly made only if the forms are submitted within the prescribed period and in accordance with the provisions of this Regulation.
Article 6
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 May 1962.
For the Commission
The President
W. HALLSTEIN
N.B. The Forms were amended by EEC Regulation No 1133/68 and have therefore not been annexed hereto.
IMPORTANT NOTE
Copies of the forms shown on page 1121/62 and on the following pages can be obtained. on and after 15 May 1962, at the Information Offices of the European Communities, of which the addresses in the countries of the Community are as follows:
and at the Information Service of the European Communities, 23 Chesham Street, London S.W.1 and the European Communities Information Service, 236 Southern Building, Washington 5, D.C.
Copies of the forms can also be obtained from Chambers of Commerce in the various countries of the Community. |
EEC: Regulation No 49 of the Council amending the date on which certain instruments relating to the common agricultural policy are to enter into force
Official Journal 053 , 01/07/1962 P. 1571 - 1572
Finnish special edition: Chapter 3 Volume 1 P. 0031
Swedish special edition: Chapter 3 Volume 1 P. 0031
Danish special edition: Series I Chapter 1959-1962 P. 0178
English special edition: Series I Chapter 1959-1962 P. 0201
Spanish special edition: Chapter 08 Volume 1 P. 0051
Portuguese special edition Chapter 08 Volume 1 P. 0051
REGULATION No 49 OF THE COUNCIL amending the date on which certain instruments relating to the common agricultural policy are to enter into force
THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY,
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 42, 43 and 44 thereof;
Having regard to the proposal from the Commission;
Having regard to the Opinion of the European Parliament;
Whereas Council Regulations Nos 19 to 23, 25 and 26 relating to the common agricultural policy and the Council Decision on minimum prices lay down that most of their provisions shall be applicable from 1 July 1962;
Whereas the Member States should be allowed a reasonable period to permit effective application of the above instruments and of the implementing provisions adopted by the Council or the Commission, some of which could not be adopted until shortly before 1 July 1962;
Whereas, however, the marketing year for cereals in the Community begins, except in the case of maize, on or around 1 July ; whereas, in respect of the 1962/63 marketing year it may therefore prove necessary to take measures on the internal market from 1 July 1962;
HAS ADOPTED THIS REGULATION:
Article 1
1. The date 30 July 1962 shall be substituted for 1 July 1962 in: (a) Articles 23 and 29 of Council Regulation No 19 on the progressive establishment of a common organisation of the market in cereals;
(b) Articles 17 and 23 of Council Regulation No 20 on the progressive establishment of a common organisation of the market in pigmeat;
(c) Articles 13, 14 and 20 of Council Regulation No 21 on the progressive establishment of a common organisation of the market in eggs;
(d) Articles 14 and 20 of Council Regulation No 22 on the progressive establishment of a common organisation of the market in poultrymeat;
(e) Article 2 (3) and Article 16 of Council Regulation No 23 on the progressive establishment of a common organisation of the market in fruit and vegetables;
(f) Article 8 of Council Regulation No 25 on the financing of the common agricultural policy;
(g) Article 5 of Council Regulation No 26 on the application of certain rules of competition to the production of, and trade in, agricultural products;
(h) Article 11 of the Council Decision on minimum prices.
2. The date 29 July 1962 shall be substituted for 30 June 1962 in Article 9 (2) (a) of Council Regulation No 23.
3. For the purpose of applying Council Regulations Nos 19 to 22, however, the first year of implementation of the system of levies shall be deemed to end on 30 June 1962.
4. As from 1 July 1962 the governments of the Member States shall take all such steps as may be necessary on the internal market to give effect to the provisions of Council Regulation No 19 on the common organisation of the market in cereals from 30 July 1962.
Article 2
This Regulation shall enter into force on 1 July 1962.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 June 1962.
For the Council
The President
M. COUVE de MURVILLE |
EEC Council: Regulation No 25 on the financing of the common agricultural policy
Official Journal 030 , 20/04/1962 P. 0991 - 0993
Finnish special edition: Chapter 3 Volume 1 P. 0028
Swedish special edition: Chapter 3 Volume 1 P. 0028
Danish special edition: Series I Chapter 1959-1962 P. 0118
English special edition: Series I Chapter 1959-1962 P. 0126
Greek special edition: Chapter 03 Volume 1 P. 0032
Spanish special edition: Chapter 03 Volume 1 P. 0027
Portuguese special edition Chapter 03 Volume 1 P. 0027
REGULATION No 25 on the financing of the common agricultural policy
THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY,
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 40, 43 and 199 to 209 thereof;
Having regard to the proposal from the Commission;
Having regard to the Opinion of the European Parliament;
Whereas the operation and development of the common market for agricultural products require the concurrent development of a common agricultural policy comprising in particular a common organisation of agricultural markets;
Whereas, to enable that common organisation to attain its objectives, a European Agricultural Guidance and Guarantee Fund should be set up and the conditions under which that Fund shall operate should be laid down;
Whereas, in connection with the setting up of that Fund and the implementation of a common agricultural policy, it has clearly become necessary to adopt certain common rules of financial and budgetary policy;
HAS ADOPTED THIS REGULATION:
Article 1
In order to enable the common organisation of agricultural markets to attain its objectives, a European Agricultural Guidance and Guarantee Fund (hereinafter called the "Fund") is hereby set up. The Fund shall form part of the Community budget.
TITLE I Single market stage
Article 2
1. Revenue from levies on imports from third countries shall accrue to the Community and shall be used for Community expenditure so that the budget resources of the Community comprise those revenues together with all other revenues decided in accordance with the rules of the Treaty and the contributions of Member States under Article 200 of the Treaty. The Council shall, at the appropriate time, initiate the procedure laid down in Article 201 of the Treaty in order to implement the above-mentioned provisions.
2. Since at the single market stage price systems will be standardised and agricultural policy will be on a Community basis, the financial consequences thereof shall devolve upon the Community.
The Fund shall accordingly finance: (a) refunds on exports to third countries;
(b) intervention aimed at stabilising markets;
(c) common measures adopted in order to attain the objectives set out in Article 39 (1) (a) of the Treaty, including the structural modifications required for the proper working of the common market, provided that those measures do not encroach upon the work of the European Investment Bank and the European Social Fund.
TITLE II Transitional period
Article 3
1. The following expenditure shall be eligible for aid from the Fund: (a) refunds on exports to third countries calculated, on the basis of the net quantities of exports and the rate of refund in the Member State whose average refund is the lowest, in accordance with the provisions of the Regulations on individual products;
(b) intervention on the domestic market the aim and function of which is identical with that of the refunds referred to in subparagraph (a) ; the Council, acting unanimously during the second stage and by a qualified majority thereafter on a proposal from the Commission, shall establish that these are identical;
(c) other intervention on the domestic market effected in accordance with Community rules ; the conditions governing the eligibility of the expenditure relating thereto shall be determined by the Council, acting unanimously during the second stage and by a qualified majority thereafter on a proposal from the Commission;
(d) action undertaken in accordance with Community rules for attaining the objectives set out in Article 39 (1) (a) of the Treaty including structural changes necessitated by the development of the common market ; the conditions governing the eligibility of the expenditure relating thereto shall be determined by the Council, acting unanimously during the second stage and by a qualified majority thereafter on a proposal from the Commission.
2. The Commission shall submit initial proposals in pursuance of paragraph 1 (b), (c) and (d) not later than 30 September 1962 to enable the Community to finance the transactions referred to in those subparagraphs as from the year 1962/63.
3. From the first year, the Council shall each year, on the basis of a report from the Commission, examine how the Community financing of export refunds provided for in paragraph 1 (a) has affected guidance of production and development of outlets.
The Council, acting unanimously during the second stage at the request of one of the Member States or of the Commission, and by a qualified majority thereafter on a proposal from the Commission, may amend the criteria adopted for the Community financing of those refunds.
The Council shall also, on the basis of a report from the Commission, examine every year the effect on the common agricultural policy of the Community financing provided for in paragraph 1 (b), (c) and (d).
Article 4
Before the end of the third year, the Council shall, on the basis of a report from the Commission, carry out a comprehensive examination of the development of the transactions of the Fund as a whole, the nature of expenditure from the Fund, the conditions governing the eligibility of that expenditure, the apportionment of the revenue of the Fund, and the progress made in implementing the common agricultural policy, and in particular the guidance of agricultural production in Member States, price harmonisation, and the development of intra-Community trade. This examination shall precede the decisions to be taken in pursuance of Articles 5 (1) and 7 (2).
Article 5
1. For expenditure eligible under Article 3 (1) (a), (b) and (c), the contribution from the Fund shall, as regards the first three years, be fixed at one-sixth for 1962/63, two-sixths for 1963/64, and three-sixths for 1964/65.
From 1 July 1965 and until the end of the transitional period, contributions from the Fund shall increase regularly so that, at the end of the transitional period, all eligible expenditure shall be financed by the Fund. In the light of the results of the comprehensive examination provided for in Article 4, the necessary decision shall be taken by the Council according to the voting procedure laid down in Article 43 of the Treaty.
2. The contribution from the Fund to the expenditure eligible under Article 3 (1) (d) shall, as far as possible, correspond to one third of the amount fixed in pursuance of paragraph 1 of this Article.
Article 6
1. The total amount allocated to the Fund to enable it to meet the expenditure defined above shall be fixed every year by the Council in accordance with budgetary procedure.
2. The sums fixed every year may be increased by a decision of the Council acting according to the same procedure.
Article 7
1. The revenue of the Fund shall consist, for the first three years, of financial contributions from Member States calculated for the first part according to the scale laid down in Article 200 (1) of the Treaty and for the second part in proportion to net imports from third countries effected by each Member State.
The two parts of the contributions from Member States shall constitute the total receipts of the Fund in the following proportions:
2. Before the end of the third year and in the light of the results of the comprehensive examination provided for in Article 4, the Council, acting in accordance with the procedure laid down in Article 200 (3) of the Treaty, and with the aim of ensuring that progressive advance is made towards a single market system, shall draw up rules concerning the revenue of the Fund which shall be valid from 1 July 1965 until the end of the transitional period.
Article 8
This Regulation, under the conditions laid down in the Regulations relating to each of the individual products, shall apply to the markets in cereals, pigmeat, eggs and poultrymeat from 1 July 1962, to the market in milk and milk products from 1 November 1962, and where necessary, to other markets from dates to be determined by the Council.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 4 April 1962.
For the Council
The President
M. COUVE de MURVILLE |
EEC: Regulation No 59 of the Council amending certain provisions of Regulation No 17
Official Journal 058 , 10/07/1962 P. 1655 - 1656
Finnish special edition: Chapter 8 Volume 1 P. 0031
Swedish special edition: Chapter 8 Volume 1 P. 0031
Danish special edition: Series I Chapter 1959-1962 P. 0220
English special edition: Series I Chapter 1959-1962 P. 0249
Greek special edition: Chapter 08 Volume 1 P. 0036
Spanish special edition: Chapter 08 Volume 1 P. 0053
Portuguese special edition Chapter 08 Volume 1 P. 0053
REGULATION No 59 OF THE COUNCIL amending certain provisions of Regulation No 17
THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 87 thereof;
Having regard to the proposal from the Commission;
Having regard to the Opinion of the European Parliament;
Whereas Regulation No 17 of 6 February 1962 provides that the agreements, decisions and concerted practices referred to in Article 5 (1) thereof must be notified before 1 August 1962 in order to benefit from the transitional provisions adopted in respect of them in Articles 6 (2) and 7 (1) thereof;
Whereas in order to facilitate implementation of these transitional provisions it is advisable to extend this time limit by three months as a general rule and by six months in respect of agreements, decisions and concerted practices to which not more than two undertakings are party;
HAS ADOPTED THIS REGULATION:
Article 1
1. In Article 5 (1) of Regulation No 17, the words "before 1 November 1962" shall be substituted for the words "before 1 August 1962".
2. The following sentence shall be added to Article 5 (1) of Regulation No 17:
"However, notwithstanding the foregoing provisions, any agreements, decisions and concerted practices to which not more than two undertakings are party shall be notified before 1 February 1963."
3. In Article 7 (1) of Regulation No 17, the words "within the time limits specified in Article 5 (1)" shall be substituted for the words "before 1 August 1962".
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 July 1962.
For the Council
The President
E. COLOMBO |
EEC Council: Regulation No 23 on the progressive establishment of a common organisation of the market in fruit and vegetables
Official Journal 030 , 20/04/1962 P. 0965 - 0988
Finnish special edition: Chapter 3 Volume 1 P. 0004
Swedish special edition: Chapter 3 Volume 1 P. 0004
Danish special edition: Series I Chapter 1959-1962 P. 0091
English special edition: Series I Chapter 1959-1962 P. 0097
Greek special edition: Chapter 03 Volume 1 P. 0005
Spanish special edition: Chapter 03 Volume 1 P. 0003
Portuguese special edition Chapter 03 Volume 1 P. 0003
++++
REGULATION NO 23 ON THE PROGRESSIVE ESTABLISHMENT OF A COMMON ORGANISATION OF THE MARKET IN FRUIT AND VEGETABLES
THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY ,
HAVING REGARD TO THE PROVISIONS OF THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 42 AND 43 THEREOF ;
HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ;
HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ;
WHEREAS THE OPERATION AND DEVELOPMENT OF THE COMMON MARKET IN AGRICULTURAL PRODUCTS MUST BE ACCOMPANIED BY THE ESTABLISHMENT OF A COMMON AGRICULTURAL POLICY TO INCLUDE IN PARTICULAR A COMMON ORGANISATION OF AGRICULTURAL MARKETS ESTABLISHED PRODUCT BY PRODUCT ;
WHEREAS THE PRODUCTION OF FRUIT AND VEGETABLES CONSTITUTES A SUBSTANTIAL FACTOR IN AGRICULTURAL INCOME AND WHEREAS THE ESSENTIAL OBJECTIVE MUST BE ACHIEVEMENT OF A BALANCE BETWEEN SUPPLY AND DEMAND AT FAIR PRICES TO THE PRODUCER , ACCOUNT BEING TAKEN OF TRADE WITH THIRD COUNTRIES , WHILE ENCOURAGING SPECIALISATION WITHIN THE COMMUNITY ;
WHEREAS , WITHIN THE CONTEXT OF THE OBJECTIVES TO BE ATTAINED , ONE OF THE STEPS TO BE TAKEN FOR THE GRADUAL INTRODUCTION OF A COMMON ORGANISATION OF THE MARKET IS THE ADOPTION OF COMMON QUALITY STANDARDS TO BE GRADUALLY APPLIED TO FRUIT AND VEGETABLES ENTERING INTO INTRA-COMMUNITY TRADE AND TO THE SAME PRODUCTS OFFERED FOR SALE ON THE HOME MARKET OF THE PRODUCER MEMBER STATE ;
WHEREAS APPLICATION OF THESE STANDARDS SHOULD HAVE THE EFFECT OF KEEPING PRODUCTS OF UNSATISFACTORY QUALITY OFF THE MARKET , GUIDING PRODUCTION TO MEET CONSUMERS' REQUIREMENTS , AND FACILITATING TRADE RELATIONS BASED ON FAIR COMPETITION , THUS HELPING TO IMPROVE THE PROFITABILITY OF PRODUCTION ;
WHEREAS THE SYSTEM TO BE INTRODUCED MUST ENABLE THE PREFERENCE RESULTING FROM IMPLEMENTATION OF THE TREATY TO BE MAINTAINED IN FAVOUR OF MEMBER STATES ; WHEREAS , IF PRICES ARE TO REMAIN STABLE ON COMMUNITY MARKETS , THE QUALITY STANDARDS MUST ALSO APPLY TO PRODUCTS FROM THIRD COUNTRIES ; WHEREAS , MOREOVER , PROVISION MUST BE MADE FOR PROTECTIVE MEASURES IN RESPECT OF GOODS IMPORTED FROM THIRD COUNTRIES AT ABNORMAL PRICES ;
WHEREAS IT IS DESIRABLE TO ADOPT COMMUNITY RULES ON THE WORKING OF THE MARKET AND ON COMMERCIAL TRANSACTIONS ;
WHEREAS THE ESTABLISHMENT OF A COMMON ORGANISATION OF THE MARKET REQUIRES THAT A STUDY BE UNDERTAKEN OF EXISTING AID ARRANGEMENTS IN THE MEMBER STATES TO ELIMINATE ANY WHICH ARE LIABLE TO DISTORT CONDITIONS OF COMPETITION AND AFFECT TRADE BETWEEN MEMBER STATES ; WHEREAS TO THIS END ARTICLES 92 , 93 AND 94 OF THE TREATY SHOULD BE MADE TO APPLY TO FRUIT AND VEGETABLES ;
WHEREAS IMPLEMENTATION OF THE MEASURES OF MARKET ORGANISATION REFERRED TO ABOVE MUST BE ACCOMPANIED BY THE ABOLITION OF OBSTACLES TO TRADE ; WHEREAS QUANTITATIVE RESTRICTIONS OR MEASURES HAVING EQUIVALENT EFFECT SHOULD BE ELIMINATED AND RECOURSE TO ARTICLE 44 OF THE TREATY RENOUNCED ACCORDING TO A TIMETABLE TO BE LAID DOWN FOR PRODUCTS GRADED IN ACCORDANCE WITH THE COMMON QUALITY STANDARDS ;
WHEREAS , IN ORDER TO FACILITATE IMPLEMENTATION OF THE PROPOSED MEASURES , A PROCEDURE SHOULD BE PROVIDED FOR ESTABLISHING CLOSE CO-OPERATION BETWEEN MEMBER STATES AND THE COMMISSION WITHIN A MANAGEMENT COMMITTEE ;
WHEREAS THE COMMON ORGANISATION OF THE MARKET IN FRUIT AND VEGETABLES MUST BE FULLY ESTABLISHED BY THE END OF THE TRANSITIONAL PERIOD ;
HAS ADOPTED THIS REGULATION :
ARTICLE 1
WITH A VIEW TO ENSURING A PROGRESSIVE DEVELOPMENT OF THE COMMON MARKET AND THE COMMON AGRICULTURAL POLICY , A COMMON ORGANISATION OF THE MARKET IN FRUIT AND VEGETABLES SHALL BE PROGRESSIVELY ESTABLISHED .
ARTICLE 2
1 . COMMON STANDARDS COVERING QUALITY , SIZING AND PACKAGING ( HEREINAFTER CALLED " QUALITY STANDARDS " ) SHALL BE ESTABLISHED FOR EACH PRODUCT OR GROUP OF PRODUCTS .
2 . PRODUCTS TO WHICH QUALITY STANDARDS APPLY SHALL BE ACCEPTED FOR TRADE BETWEEN MEMBER STATES ONLY IF THEY CONFORM TO THESE QUALITY STANDARDS . THEY SHALL BE ACCEPTED FOR IMPORT FROM THIRD COUNTRIES ONLY IF THEY CONFORM TO THE SAID QUALITY STANDARDS OR TO STANDARDS THAT ARE AT LEAST EQUIVALENT . THE COMMISSION SHALL TAKE THE NECESSARY STEPS TO GIVE EFFECT TO THIS PARAGRAPH .
3 . THE QUALITY STANDARDS SHALL APPLY FROM 1 JULY 1962 TO THE PRODUCTS LISTED IN ANNEXES I A AND I B . THE STANDARDS FOR PRODUCTS LISTED IN ANNEX I A ARE SET OUT IN ANNEX II . STANDARDS FOR THE PRODUCTS LISTED IN ANNEX I B SHALL BE ADOPTED NOT LATER THAN 30 JUNE 1962 IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 13 .
ARTICLE 3
1 . THE QUALITY STANDARDS SHALL BE GRADUALLY APPLIED TO FRUIT AND VEGETABLES OFFERED FOR SALE ON THE HOME MARKET OF THE PRODUCER MEMBER STATE .
NOT LATER THAN 31 DECEMBER 1962 THE COUNCIL , ACTING IN ACCORDANCE WITH THE VOTING PROCEDURE LAID DOWN IN ARTICLE 43 OF THE TREATY ON A PROPOSAL FROM THE COMMISSION , SHALL LAY DOWN PROVISIONS , DETAILED RULES AND A TIMETABLE FOR APPLYING THESE QUALITY STANDARDS . QUALITY STANDARDS FOR THESE PRODUCTS SHALL BE FULLY APPLIED NOT LATER THAN 1 JANUARY 1968 .
QUALITY STANDARDS FOR THE PRODUCTS LISTED IN ANNEX I A SHALL , HOWEVER , BE APPLIED NOT LATER THAN 1 JULY 1965 .
2 . NOT LATER THAN 30 JUNE 1964 THE COUNCIL , ACTING IN ACCORDANCE WITH THE VOTING PROCEDURE LAID DOWN IN ARTICLE 43 OF THE TREATY ON A PROPOSAL FROM THE COMMISSION , SHALL ADOPT COMMUNITY RULES ON THE WORKING OF THE MARKET AND ON COMMERCIAL TRANSACTIONS .
ARTICLE 4
1 . THE COUNCIL , ACTING BY A QUALIFIED MAJORITY ON A PROPOSAL FROM THE COMMISSION , SHALL DECIDE ON THE PRODUCTS TO BE ADDED TO THE LIST SET OUT IN ANNEX I , SHALL ADOPT QUALITY STANDARDS FOR THESE PRODUCTS , SHALL FIX THE DATES ON WHICH THESE STANDARDS BEGIN TO APPLY AND SHALL MAKE THE NECESSARY ALTERATIONS IN THE TIMETABLE LAID DOWN IN ARTICLE 9 ( 2 ) .
2 . THE COUNCIL SHALL ADOPT , IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN PARAGRAPH 1 OF THIS ARTICLE , QUALITY STANDARDS FOR THESE PRODUCTS INTENDED FOR INDUSTRIAL PROCESSING AND SHALL FIX THE DATES ON WHICH STANDARDS BEGIN TO APPLY .
3 . THE ADJUSTMENTS TO BE MADE TO THE QUALITY STANDARDS SHALL BE DECIDED , ON THE BASIS OF DEVELOPMENTS IN MARKETING TECHNIQUES , IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 13 .
ARTICLE 5
1 . THE EXPORTING MEMBER STATE SHALL SUBMIT THE PRODUCTS INTENDED FOR EXPORT TO ANOTHER MEMBER STATE TO A QUALITY CONTROL BEFORE THESE PRODUCTS LEAVE THE TERRITORY OF THE EXPORTING MEMBER STATE .
THE SUPERVISORY BODY DESIGNATED BY THE EXPORTING MEMBER STATE SHALL ISSUE FOR EACH LOT A CERTIFICATE STATING THE QUALITY AND CERTIFYING THAT THE QUALITY AND CLASSIFICATION OF THE PRODUCTS CORRESPOND AT THE TIME OF INSPECTION TO THE QUALITY STANDARDS . THE CERTIFICATE SHALL ACCOMPANY THE GOODS TO THEIR DESTINATION .
2 . THE IMPORTING MEMBER STATE MAY VERIFY , THROUGH THE COMPETENT SUPERVISORY BODY , THAT THE CLASSIFICATION OF THE PRODUCT COMING FROM ANOTHER MEMBER STATE IS IN ACCORDANCE WITH THE QUALITY STATED ON THE CERTIFICATE DELIVERED BY THE SUPERVISORY BODY OF THE EXPORTING MEMBER STATE .
ARTICLE 6
DETAILED RULES FOR THE APPLICATION OF ARTICLE 5 SHALL BE ADOPTED NOT LATER THAN 30 JUNE 1962 IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 13 . THESE RULES MUST TAKE INTO ACCOUNT THE NEED TO ENSURE THE CO-ORDINATION OF THE ACTIVITIES OF THE SUPERVISORY BODIES AND THE UNIFORM INTERPRETATION AND APPLICATION OF THE QUALITY STANDARDS .
ARTICLE 7
THE PROVISIONS OF ARTICLES 92 , 93 AND 94 OF THE TREATY SHALL APPLY TO THE PRODUCTION OF AND TRADE IN THE PRODUCTS FALLING WITHIN HEADING NO 07.01 ( WITH THE EXCEPTION OF SUB-HEADING NO 07.01 A ) AND HEADINGS NOS 08.02 TO 08.09 OF THE COMMON CUSTOMS TARIFF .
ARTICLE 8
1 . CUSTOMS DUTIES ON IMPORTS IN FORCE BETWEEN MEMBER STATES FOR THE PRODUCTS FALLING WITHIN HEADING NO 07.01 , WITH THE EXCEPTION OF SUB-HEADING NO 07.01 A , AND HEADINGS NOS 08.02 TO 08.09 OF THE COMMON CUSTOMS TARIFF SHALL BE GRADUALLY REDUCED UNTIL THEY ARE ABOLISHED ON 1 JANUARY 1970 .
2 . THE COMMON CUSTOMS TARIFF DUTIES FOR THE SAME PRODUCTS SHALL BE APPLIED IN FULL FROM 1 JANUARY 1970 , WITHOUT PREJUDICE TO THE PROVISIONS OF ARTICLE 23 ( 1 ) ( A ) OF THE TREATY .
ARTICLE 9
1 . QUANTITATIVE RESTRICTIONS ON IMPORTS AND MEASURES HAVING EQUIVALENT EFFECT SHALL BE ABOLISHED IN TRADE BETWEEN MEMBER STATES IN PRODUCTS GRADED UNDER THE PROVISIONS OF THE PRESENT REGULATION IN ACCORDANCE WITH THE TIMETABLE SET OUT IN PARAGRAPH 2 .
2 . THE MEASURES REFERRED TO IN PARAGRAPH 1 SHALL BE ABOLISHED :
( A ) NOT LATER THAN 30 JUNE 1962 FOR PRODUCTS OF THE " EXTRA " CLASS ;
( B ) NOT LATER THAN 31 DECEMBER 1963 FOR PRODUCTS OF CLASS I ;
( C ) NOT LATER THAN 31 DECEMBER 1965 FOR PRODUCTS OF CLASS II .
MEMBER STATES SHALL DISPENSE WITH RECOURSE TO THE PROVISIONS OF ARTICLE 44 OF THE TREATY IN RESPECT OF THE SAME QUALITY CLASSES ON THE SAME DATES .
ARTICLE 10
1 . IF , FOLLOWING THE APPLICATION OF THE MEASURES CONCERNING THE PROGRESSIVE ESTABLISHMENT OF A COMMON ORGANISATION OF THE MARKET IN FRUIT AND VEGETABLES , THIS MARKET IN ONE OR MORE MEMBER STATES EXPERIENCES OR IS THREATENED WITH SERIOUS DISTURBANCES LIKELY TO ENDANGER THE OBJECTIVES SET OUT IN ARTICLE 39 OF THE TREATY BY REASON OF IMPORTS OF THE PRODUCTS LIBERALISED IN ACCORDANCE WITH ARTICLE 9 , THE MEMBER STATE OR STATES CONCERNED MAY TAKE THE NECESSARY PROTECTIVE MEASURES RELATING TO THE IMPORTATION OF THE PRODUCTS LISTED IN ARTICLE 9 ( 2 ) ( B ) AND ( C ) DURING THE TRANSITIONAL PERIOD AND FROM THE TIME WHEN , IN PURSUANCE OF THE LAST SUBPARAGRAPH OF ARTICLE 9 ( 2 ) , ARTICLE 44 IS NO LONGER APPLICABLE TO THOSE PRODUCTS .
SUCH MEASURES MAY NOT BE TAKEN WITH REGARD TO A GIVEN QUALITY UNLESS MEASURES WHICH ARE AT LEAST EQUIVALENT HAVE BEEN ENFORCED FOR THE LOWER QUALITIES OF THE SAME CLASSIFIED PRODUCT .
THE LEVEL OF PROTECTION WHICH WOULD RESULT FROM THE APPLICATION OF THESE MEASURES MUST NOT EXCEED THE LEVEL OF PROTECTION WHICH EXISTS AT THE TIME OF THE ENTRY INTO FORCE OF THIS REGULATION .
2 . THE MEMBER STATE OR STATES CONCERNED SHALL BE REQUIRED TO NOTIFY OTHER MEMBER STATES AND THE COMMISSION OF THESE MEASURES AT THE LATEST WHEN THEY ENTER INTO FORCE .
THE MEMBER STATE OR STATES WHICH APPLY THESE MEASURES SHALL TAKE THE NECESSARY STEPS TO PREVENT GOODS IN TRANSIT FROM BEING AFFECTED ; WHEN THE FRONTIER IS CLOSED THE TIME ALLOWED FOR DELIVERY SHALL BE NOT LESS THAN THREE DAYS . THEY MUST BE PREPARED TO ENTER IMMEDIATELY INTO NEGOTIATIONS TO FIND PROVISIONAL ARRANGEMENTS TO OBVIATE EXCESSIVE OR AVOIDABLE LOSSES TO EXPORTERS . THESE ARRAGEMENTS SHALL BE COMMUNICATED WITHOUT DELAY TO THE OTHER MEMBER STATES AND TO THE COMMISSION .
ON THE BASIS OF THE PROVISIONS OF PARAGRAPH 1 , THE COMMISSION , AFTER CONSULTATION WITH THE MEMBER STATES WITHIN THE MANAGEMENT COMMITTEE ESTABLISHED PURSUANT TO ARTICLE 12 , SHALL , UNDER AN EMERGENCY PROCEDURE AND WITHIN A MAXIMUM PERIOD OF FOUR WORKING DAYS FOLLOWING THE COMMUNICATION REFERRED TO IN THE FIRST SUBPARAGRAPH , DECIDE WHETHER THE MEASURES ARE TO BE KEPT IN FORCE , AMENDED OR REPEALED . THE COMMISSION MAY ALSO DECIDE ON MEASURES TO BE APPLIED BY THE OTHER MEMBER STATES .
THE DECISION OF THE COMMISSION SHALL BE COMMUNICATED TO ALL MEMBER STATES . IT SHALL ENTER INTO FORCE IMMEDIATELY .
3 . ANY MEMBER STATE MAY REFER THE DECISION OF THE COMMISSION TO THE COUNCIL WITHIN A MAXIMUM PERIOD OF THREE WORKING DAYS FOLLOWING ITS COMMUNICATION . THE COUNCIL SHALL MEET WITHOUT DELAY . ON THE BASIS OF THE PROVISIONS OF PARAGRAPH 1 , IT MAY , ACTING BY A QUALIFIED MAJORITY , AMEND OR REPEAL THE DECISION TAKEN BY THE COMMISSION .
4 . THE PROTECTIVE MEASURES TAKEN IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPHS 1 TO 3 SHALL NOT APPLY TO IMPORTS OF THE PRODUCTS REFERRED TO IN ARTICLE 9 ( 2 ) ( A ) . HOWEVER , MEMBER STATES MAY REQUEST THE COMMISSION TO AUTHORISE THE APPLICATION OF SUCH PROTECTIVE MEASURES TO THESE PRODUCTS .
ON REQUEST BY THE STATE CONCERNED , THE COMMISSION SHALL , TAKING INTO ACCOUNT THE MEASURES ALREADY APPLIED , LAY DOWN UNDER AN EMERGENCY PROCEDURE ANY PROTECTIVE MEASURE WHICH IT CONSIDERS NECESSARY AND SHALL SPECIFY CONDITIONS AND DETAILED RULES FOR ITS APPLICATION .
5 . ANY PROTECTIVE MEASURE AFFECTING TRADE BETWEEN MEMBER STATES MUST FIRST BE APPLIED TO RELATIONS WITH THIRD COUNTRIES , THE PRINCIPLE OF COMMUNITY PREFERENCE BEING RESPECTED .
ARTICLE 11
1 . THE COUNCIL , ACTING BY A QUALIFIED MAJORITY ON A PROPOSAL FROM THE COMMISSION , SHALL DECIDE AS TO THE CO-ORDINATION AND STANDARDISATION , IN STEP WITH THE DEVELOPMENT OF THE COMMON ORGANISATION OF THE MARKET , OF THE TREATMENT ACCORDED BY EACH MEMBER STATE TO IMPORTS FROM THIRD COUNTRIES .
2 . HOWEVER , WHERE COMMUNITY MARKETS EXPERIENCE OR ARE THREATENED WITH SERIOUS DISTURBANCES RESULTING FROM IMPORTS FROM THIRD COUNTRIES AT PRICES LOWER THAN THE REFERENCE PRICE , MEMBER STATES MAY SUSPEND THESE IMPORTS OR IMPOSE UPON THEM A COUNTERVAILING CHARGE WHICH SHALL BE THE SAME FOR ALL MEMBER STATES AND PAYABLE ON ENTRY .
THE REFERENCE PRICE SHALL BE CALCULATED ON THE BASIS OF AVERAGE PRICES RECORDED OVER A CERTAIN PERIOD ON THE PRODUCER MARKETS WHERE PRICES ARE THE LOWEST IN THE COMMUNITY FOR PRODUCTS OF COMMUNITY ORIGIN AND FOR A SPECIFIC STANDARD QUALITY .
THE AMOUNT OF THIS COUNTERVAILING CHARGE , WHICH MAY BE CALCULATED ON A FLAT-RATE BASIS , SHALL BE EQUAL TO THE DIFFERENCE BETWEEN THE REFERENCE PRICE AND THE ENTRY PRICE OF AN IMPORTED PRODUCT , EXCLUDING CUSTOMS DUTIES .
THE MANAGEMENT COMMITTEE SHALL DECIDE UPON THE SUSPENSION OF IMPORTS AND THE FIXING OF THE AMOUNT OF THE COUNTERVAILING CHARGE , IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 13 , THE URGENCY OF THE MATTER BEING TAKEN INTO ACCOUNT .
DETAILED RULES FOR THE APPLICATION OF THIS PARAGRAPH SHALL BE ADOPTED NOT LATER THAN 30 JUNE 1962 IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 13 .
ARTICLE 12
1 . A MANAGEMENT COMMITTEE FOR FRUIT AND VEGETABLES ( HEREINAFTER CALLED THE " COMMITTEE " ) SHALL BE ESTABLISHED , CONSISTING OF REPRESENTATIVES OF MEMBER STATES AND WITH A REPRESENTATIVE OF THE COMMISSION AS CHAIRMAN .
2 . WITHIN THE COMMITTEE , THE VOTES OF MEMBER STATES SHALL BE WEIGHTED IN ACCORDANCE WITH ARTICLE 148 ( 2 ) OF THE TREATY . THE CHAIRMAN SHALL NOT VOTE .
ARTICLE 13
1 . WHERE THE PROVISIONS OF THIS REGULATION EXPRESSLY CALL FOR THE PROCEDURE DEFINED IN THIS ARTICLE TO BE APPLIED , THE CHAIRMAN SHALL REFER THE MATTER TO THE COMMITTEE , EITHER ON HIS OWN INITIATIVE OR AT THE REQUEST OF THE REPRESENTATIVE OF A MEMBER STATE .
2 . THE REPRESENTATIVE OF THE COMMISSION SHALL SUBMIT A DRAFT OF THE MEASURES TO BE TAKEN . THE COMMITTEE SHALL DELIVER ITS OPINION ON SUCH MEASURES WITHIN A TIME LIMIT TO BE SET BY THE CHAIRMAN ACCORDING TO THE URGENCY OF THE QUESTIONS UNDER CONSIDERATION .
AN OPINION SHALL BE ADOPTED BY A MAJORITY OF TWELVE VOTES .
3 . THE COMMISSION SHALL ADOPT MEASURES WHICH SHALL APPLY IMMEDIATELY . HOWEVER , IF THESE MEASURES ARE NOT IN ACCORDANCE WITH THE OPINION OF THE COMMITTEE , THEY SHALL FORTHWITH BE COMMUNICATED BY THE COMMISSION TO THE COUNCIL . IN THAT EVENT THE COMMISSION MAY DEFER APPLICATION OF THE MEASURES WHICH IT HAS ADOPTED FOR NOT MORE THAN ONE MONTH FROM THE DATE OF SUCH COMMUNICATION .
THE COUNCIL MAY , BY A QUALIFIED MAJORITY , TAKE A DIFFERENT DECISION WITHIN ONE MONTH .
ARTICLE 14
THE COMMITTEE MAY CONSIDER ANY OTHER QUESTION REFERRED TO IT BY ITS CHAIRMAN EITHER ON HIS OWN INITIATIVE OR AT THE REQUEST OF THE REPRESENTATIVE OF A MEMBER STATE .
ARTICLE 15
AT THE END OF THE TRANSITIONAL PERIOD , THE COUNCIL , ACTING BY A QUALIFIED MAJORITY ON A PROPOSAL FROM THE COMMISSION , SHALL DECIDE IN THE LIGHT OF EXPERIENCE WHETHER TO RETAIN OR AMEND THE PROVISIONS OF ARTICLE 13 .
ARTICLE 16
MEMBER STATES SHALL TAKE STEPS TO ADAPT PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION SO THAT THE PROVISIONS OF THIS REGULATION MAY BE APPLIED FROM 1 JULY 1962 .
ARTICLE 17
THIS REGULATION SHALL ENTER INTO FORCE ON THE DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .
THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .
DONE AT BRUSSELS , 4 APRIL 1962 .
FOR THE COUNCIL
THE PRESIDENT
M . COUVE DE MURVILLE
ANNEX I A
PRODUCTS DESTINED FOR CONSUMPTION IN THE FRESH STATE
CCT HEADING NO
07.01 B I * CAULIFLOWERS
EX 07.01 D * LETTUCES , CURLED-LEAVED ENDIVES AND BROAD-LEAVED ( BATAVIAN ) ENDIVES
EX 07.01 H * ONIONS
07.01 M * TOMATOES
08.06 A II * APPLES , OTHER THAN CIDER APPLES
EX 08.06 B * PEARS
08.07 A * APRICOTS
EX 08.07 B * PEACHES
08.07 D * PLUMS
ANNEX I B
07.01 C * SPINACH
EX 07.01 D II * WITLOOF CHICORY
07.01 F I * PEAS
07.01 F II * BEANS
EX 07.01 G II * CARROTS
07.01 L * ARTICHOKES
EX 08.02 A * SWEET ORANGES
08.02 B * MANDARINS , CLEMENTINES
08.02 C * LEMONS
08.04 A * TABLE GRAPES
08.07 C * CHERRIES
08.08 A * STRAWBERRIES
ANNEX II/1
COMMON QUALITY STANDARDS FOR CAULIFLOWERS
I . DEFINITION OF PRODUCE
THIS STANDARD APPLIES TO CAULIFLOWERS GROWN FROM BRASSICA OLERACEA L . , VARIETY BOTRYTIS L . , TO BE SUPPLIED FRESH TO THE CONSUMER , CAULIFLOWERS FOR PROCESSING BEING EXCLUDED .
II . QUALITY REQUIREMENTS
A . GENERAL
THE PURPOSE OF THE STANDARD IS TO DEFINE THE QUALITY REQUIREMENTS AT THE DISPATCHING STAGE , AFTER PREPARATION AND PACKAGING .
B . MINIMUM REQUIREMENTS
THE FLOWER CLUSTERS SHOULD BE :
- FRESH IN APPEARANCE
- INTACT
- SOUND ( SUBJECT TO THE SPECIAL PROVISIONS FOR EACH CLASS )
- CLEAN , IN PARTICULAR FREE FROM ALL TRACES OF FERTILISER OR OTHER CHEMICALS
- FREE FROM ALL ABNORMAL EXTERNAL MOISTURE
- FREE FROM FOREIGN SMELL OR TASTE .
C . CLASSIFICATION
( I ) " EXTRA " CLASS
CAULIFLOWERS IN THIS CLASS MUST BE OF SUPERLATIVE QUALITY . IN SHAPE , DEVELOPMENT AND COLOURING THEY MUST BE TYPICAL OF THE VARIETY .
THE FLOWER CLUSTERS MUST BE :
- WELL FORMED , FIRM AND COMPACT
- OF VERY CLOSE TEXTURE
- UNIFORMLY WHITE OR SLIGHTLY CREAMY IN COLOUR
- FREE FROM ANY DEFECTS .
IN ADDITION , IF THE CAULIFLOWERS ARE PUT ON SALE " WITH LEAVES " OR " TRIMMED " THE LEAVES MUST HAVE A FRESH APPEARANCE .
( II ) CLASS I
CAULIFLOWERS IN THIS CLASS MUST BE OF GOOD QUALITY . THEY MUST HAVE THE CHARACTERISTICS TYPICAL OF THE VARIETY . HOWEVER , THE FOLLOWING MAY BE ALLOWED :
- A SLIGHT DEFECT IN SHAPE OR DEVELOPMENT
- A SLIGHT DEFECT IN COLOURING
- A VERY SLIGHT WOOLLINESS .
IN ANY CASE , THE FLOWER CLUSTERS MUST BE :
- FIRM
- OF CLOSE TEXTURE
- WHITE TO IVORY IN COLOUR ( EXCLUDING ANY OTHER COLORATION )
- FREE FROM DEFECTS , SUCH AS BLEMISHES , PROTRUDING LEAVES IN THE HEAD , DAMAGE BY ANIMAL PARASITES OR DISEASE , TRACES OF FROST , BRUISING .
IN ADDITION , IF THE CAULIFLOWERS ARE PUT ON SALE " WITH LEAVES " OR " TRIMMED " , THE LEAVES MUST HAVE A FRESH APPEARANCE .
( III ) CLASS II
THIS CLASS COMPRISES CAULIFLOWERS OF MARKETABLE QUALITY WHICH DO NOT QUALIFY FOR INCLUSION IN THE HIGHER CLASSES BUT SATISFY THE MINIMUM REQUIREMENTS SPECIFIED ABOVE .
THE FLOWER CLUSTERS MAY BE :
- SLIGHTLY DEFORMED
- SLIGHTLY LOOSE IN TEXTURE
- YELLOWISH IN COLOUR .
THEY MAY HAVE :
- SLIGHT TRACES OF SUN SCORCHING
- AN EXCRESCENCE OF NOT MORE THAN FIVE PALE GREEN LEAVES IN THE HEAD
- THEY MAY BE SLIGHTLY WOOLLY ( BUT NOT WET OR GREASY TO THE TOUCH ) .
THEY MAY ALSO HAVE TWO OF THE FOLLOWING DEFECTS :
- SLIGHT TRACES OF DAMAGE BY ANIMAL PARASITES OR DISEASE
- SLIGHT SUPERFICIAL DAMAGE BY FROST
- SLIGHT BRUISING
PROVIDED THAT THE DEFECTS DO NOT IMPAIR THE PRODUCT'S KEEPING QUALITIES OR SERIOUSLY AFFECT ITS MARKET VALUE .
III . SIZING
SIZING OF CAULIFLOWERS IS DETERMINED BY THE MAXIMUM DIAMETER OF THEIR EQUATORIAL SECTION OR BY THE ARC MEASURED ON THE LARGEST DIMENSION OF THE UPPER PART OF THE INFLORESCENCE . ( SIZING BASED ON MEASUREMENT OF THE ARC HAS BEEN ADOPTED AS A TEMPORARY MEASURE . )
THE MINIMUM DIAMETER IS FIXED AT 11 CM AND THE MINIMUM DIMENSION OF THE ARC AT 13 CM . THE DIFFERENCE IN SIZE BETWEEN THE SMALLEST AND THE LARGEST CAULIFLOWER IN EACH PACKAGE MAY NOT EXCEED 4 CM FOR SIZING BY DIAMETER OR 5 CM FOR SIZING BY MEASUREMENT OF THE ARC .
IV . TOLERANCES
TOLERANCES IN RESPECT OF QUALITY AND SIZE ARE ALLOWED FOR SUBSTANDARD PRODUCE IN EACH PACKAGE .
A . QUALITY TOLERANCES
( I ) " EXTRA " CLASS
5 % BY NUMBER OF CAULIFLOWERS NOT SATISFYING THE REQUIREMENTS OF THE CLASS BUT MEETING THE REQUIREMENTS OF THE CLASS IMMEDIATELY BELOW ( CLASS I ) .
( II ) CLASS I
10 % BY NUMBER OF CAULIFLOWERS NOT SATISFYING THE REQUIREMENTS OF THE CLASS BUT MEETING THE REQUIREMENTS OF THE CLASS BELOW ( CLASS II ) .
( III ) CLASS II
10 % BY NUMBER OF CAULIFLOWERS NOT SATISFYING THE REQUIREMENTS OF THE CLASS BUT FIT FOR CONSUMPTION .
B . SIZE TOLERANCES
FOR ALL CLASSES : 10 % BY NUMBER OF CAULIFLOWERS PER PACKAGE CONFORMING TO THE SIZE IMMEDIATELY ABOVE OR BELOW THAT STATED ON THE PACKAGE , THE MINIMUM DIAMETER FOR CAULIFLOWERS IN THE SMALLEST SIZE GRADE BEING 10 CM ( OR 12 CM ARC MEASUREMENT ) .
C . CUMULATIVE TOLERANCES
IN NO CASE MAY TOLERANCES OF QUALITY AND SIZE TAKEN TOGETHER EXCEED :
- 10 % FOR THE " EXTRA " CLASS
- 15 % FOR CLASSES I AND II .
V . PACKAGING AND PRESENTATION
A . PRESENTATION
CAULIFLOWERS MAY BE PUT IN THE FOLLOWING THREE WAYS :
( I ) " WITH LEAVES " : CAULIFLOWERS COVERED WITH HEALTHY GREEN LEAVES , SUFFICIENT IN NUMBER AND LONG ENOUGH TO COVER AND PROTECT THE HEAD ENTIRELY . THE STALK MUST BE CUT OFF SLIGHTLY BELOW THE PROTECTING LEAVES .
( II ) " WITHOUT LEAVES " : CAULIFLOWERS WITH ALL THE LEAVES AND THE NON-EDIBLE PORTION OF THE STALK REMOVED . AT MOST THERE MAY BE FIVE SMALL AND TENDER PALE GREEN LEAVES , UNTRIMMED , CLOSE TO THE HEAD .
( III ) " TRIMMED " : CAULIFLOWERS WITH A SUFFICIENT NUMBER OF LEAVES LEFT ON TO PROTECT THE HEAD . THESE LEAVES MUST BE HEALTHY AND GREEN AND TRIMMED TO NOT MORE THAN 3 CM FROM THE BASE OF THE HEAD . THE STALK MUST BE CUT OFF SLIGHTLY BELOW THE PROTECTING LEAVES .
B . UNIFORMITY
THE CONTENTS OF EACH PACKAGE MUST BE UNIFORM AND CONTAIN ONLY CAULIFLOWERS OF THE SAME QUALITY , SIZE , TYPE AND SHAPE . IN ADDITION , EACH PACKAGE OF " EXTRA " CLASS CAULIFLOWERS MUST ALSO BE UNIFORMLY MADE UP AS TO COLOUR .
C . PACKAGING
THE CAULIFLOWERS MUST BE TIGHTLY PACKED , THOUGH THE HEADS MUST NOT BE DAMAGED BY EXCESSIVE PRESSURE . ANY PAPER OR OTHER MATERIAL USED INSIDE THE PACKAGE MUST BE NEW AND HARMLESS TO HUMAN FOOD . WHEN PRINTED MATTER IS USED , THE PRINTING MUST BE ON THE OUTSIDE ONLY SO AS NOT TO COME INTO CONTACT WITH THE PRODUCE . THE CAULIFLOWERS , WHEN PACKAGED , MUST BE FREE FROM ANY FOREIGN BODIES . " EXTRA " CLASS CAULIFLOWERS MUST BE PACKED WITH PARTICULAR CARE SO AS TO ENSURE THE GREATEST POSSIBLE PROTECTION OF THE FLOWER CLUSTERS .
VI . MARKING
EACH PACKAGE MUST BEAR THE FOLLOWING PARTICULARS LEGIBLY AND INDELIBLY MARKED ON THE OUTSIDE :
A . IDENTIFICATION
PACKER * NAME AND ADDRESS OR CODE MARK .
DISPATCHER *
B . NATURE OF PRODUCE
" CAULIFLOWERS " ( WHEN THE CONTENTS OF THE PACKAGE ARE NOT VISIBLE FROM THE OUTSIDE ) .
C . ORIGIN OF PRODUCE
DISTRICT OF ORIGIN , OR NATIONAL , REGIONAL OR LOCAL TRADE NAME .
D . COMMERCIAL SPECIFICATIONS
- CLASS
- METHOD OF SIZING
- SIZE OR NUMBER OF UNITS .
E . OFFICIAL CONTROL MARK ( OPTIONAL ) .
ANNEX II/2
COMMON QUALITY STANDARDS FOR TOMATOES
I . DEFINITION OF PRODUCE
THIS STANDARD APPLIES TO TOMATOES , BEING FRESH FRUIT GROWN FROM VARIETIES OF LYCOPERSICUM ESCULENTUM MILL . , TO BE SUPPLIED FRESH TO THE CONSUMER , TOMATOES FOR PROCESSING BEING EXCLUDED .
II . QUALITY REQUIREMENTS
A . GENERAL
THE PURPOSE OF THE STANDARD IS TO DEFINE THE QUALITY REQUIREMENTS AT THE DISPATCHING STAGE , AFTER PREPARATION AND PACKAGING .
B . MINIMUM REQUIREMENTS
( I ) THE TOMATOES MUST BE :
- INTACT
- SOUND ( SUBJECT TO THE SPECIAL PROVISIONS FOR EACH CLASS )
- CLEAN , IN PARTICULAR FREE FROM ALL TRACES OF CHEMICALS
- FREE FROM ALL ABNORMAL EXTERNAL MOISTURE
- FREE FROM FOREIGN SMELL OR TASTE .
( II ) THE STATE OF RIPENESS MUST BE SUCH AS TO ALLOW THE TOMATOES TO WITHSTAND TRANSPORT AND HANDLING , TO REMAIN IN GOOD CONDITION UNTIL THEY REACH THEIR PLACE OF DESTINATION AND TO MEET MARKET REQUIREMENTS THERE .
C . CLASSIFICATION
( I ) " EXTRA " CLASS
TOMATOES IN THIS CLASS MUST BE OF SUPERLATIVE QUALITY .
THEIR FLESH MUST BE FIRM AND THEY MUST HAVE ALL THE CHARACTERISTICS TYPICAL OF THE VARIETY .
THEY MUST HAVE NO DEFECTS . NO " GREEN BACKS " ARE ALLOWED .
A DISTINCTION IS MADE BETWEEN :
- " ROUND " TOMATOES
- " RIBBED " TOMATOES , WHICH ARE REGULAR IN SHAPE BUT RIBBED ; THE RIBS MUST NOT , HOWEVER , EXTEND FOR MORE THAN ONE-THIRD OF THE PERIPHERAL DISTANCE BETWEEN STALK AND TOP .
( II ) CLASS I
TOMATOES IN THIS CLASS MUST BE OF GOOD QUALITY .
THEY MUST BE REASONABLY FIRM , WITHOUT SERIOUS DEFECTS AND HAVE ALL THE CHARACTERISTICS TYPICAL OF THE VARIETY .
THEY MAY HAVE SLIGHT BRUISES .
HEALED OR UNHEALED CRACKS AND VISIBLE " GREEN BACKS " ARE EXCLUDED .
A DISTINCTION IS MADE BETWEEN :
- " ROUND " TOMATOES
- " RIBBED " TOMATOES . THESE TOMATOES MUST , HOWEVER , BE REGULAR IN SHAPE .
( III ) CLASS II
THIS CLASS COMPRISES TOMATOES OF MARKETABLE QUALITY WHICH DO NOT QUALIFY FOR INCLUSION IN THE HIGHER CLASSES .
THESE TOMATOES MAY BE IRREGULAR IN SHAPE BUT MUST SATISFY THE MINIMUM REQUIREMENTS SPECIFIED ABOVE .
THEY MUST BE REASONABLY FIRM AND MUST NOT HAVE UNHEALED CRACKS .
HEALED CRACKS NOT MORE THAN 3 CM IN LENGTH ARE ALLOWED .
III . SIZING
SIZING IS COMPULSORY FOR TOMATOES CLASSIFIED IN THE " EXTRA " CLASS .
SIZING IS DETERMINED BY THE MAXIMUM DIAMETER OF THE EQUATORIAL SECTION .
THE TOMATOES MUST BE GRADED ACCORDING TO THE FOLLOWING SCALE :
- FROM 35 MM UP TO BUT EXCLUDING 40 MM
- FROM 40 MM UP TO BUT EXCLUDING 47 MM
- FROM 47 MM UP TO BUT EXCLUDING 57 MM
- FROM 57 MM UP TO BUT EXCLUDING 67 MM
- FROM 67 MM UP TO BUT EXCLUDING 77 MM
- FROM 77 MM UP TO BUT EXCLUDING 87 MM .
" RIBBED " TOMATOES OF THE LARGEST SIZE MAY NOT BE CLASSIFIED IN THE " EXTRA " CLASS .
IN THE CASE OF UNSIZED TOMATOES OF CLASSES I AND II , THE MINIMUM DIAMETER IS 35 MM .
IV . TOLERANCES
TOLERANCES IN RESPECT OF QUALITY AND SIZE ARE ALLOWED FOR SUBSTANDARD PRODUCE IN EACH PACKAGE .
A . QUALITY TOLERANCES
( I ) " EXTRA " CLASS : 5 % BY NUMBER OR WEIGHT OF TOMATOES NOT SATISFYING THE REQUIREMENTS FOR THE CLASS BUT MEETING THE REQUIREMENTS FOR THE CLASS IMMEDIATELY BELOW ( CLASS I ) , WITH NOT MORE THAN 2 % OF TOMATOES WITH CRACKS .
( II ) CLASS I : 10 % BY NUMBER OR WEIGHT OF TOMATOES NOT SATISFYING THE REQUIREMENTS FOR THE CLASS BUT MEETING THE REQUIREMENTS FOR THE CLASS BELOW ( CLASS II ) , WITH NOT MORE THAN 5 % OF TOMATOES WITH CRACKS .
( III ) CLASS II : 10 % BY NUMBER OR WEIGHT OF TOMATOES NOT SATISFYING THE REQUIREMENTS FOR THE CLASS BUT FIT FOR CONSUMPTION .
B . SIZE TOLERANCES
FOR ALL CLASSES : 10 % BY NUMBER OR WEIGHT OF TOMATOES PER PACKAGE CONFORMING TO THE SIZE IMMEDIATELY ABOVE OR BELOW THAT STATED ON THE PACKAGE WITH A MINIMUM OF 33 MM .
C . CUMULATIVE TOLERANCES
IN NO CASE MAY TOLERANCES OF QUALITY AND SIZE TAKEN TOGETHER EXCEED :
- 10 % FOR THE " EXTRA " CLASS
- 15 % FOR CLASSES I AND II .
V . PACKAGING AND PRESENTATION
A . UNIFORMITY
THE CONTENTS OF EACH PACKAGE MUST BE UNIFORM AND MUST CONTAIN ONLY TOMATOES OF THE SAME ORIGIN , VARIETY AND QUALITY . IN ADDITION , FOR THE " EXTRA " CLASS AND CLASS I THE TOMATOES MUST BE OF UNIFORM COLOURING AND RIPENESS .
WHEN TOMATOES ARE SIZE-GRADED EACH PACKAGE MUST CONTAIN ONLY TOMATOES OF THE SAME SIZE .
B . PACKAGING
THE PRODUCE MUST BE PACKED IN SUCH A WAY AS TO ENSURE THAT IT IS SUITABLY PROTECTED . FOR THE " EXTRA " CLASS AND CLASS I THE BULK OF THE GOODS SHOULD BE SEPARATED FROM THE BOTTOM , SIDES AND LID , IF ANY , BY SOME FORM OF PROTECTION .
ANY PAPER OR OTHER MATERIAL USED INSIDE THE PACKAGE MUST BE NEW AND HARMLESS TO HUMAN FOOD . WHEN PRINTED MATTER IS USED THE PRINTING MUST BE ON THE OUTSIDE ONLY SO AS NOT TO COME INTO CONTACT WITH THE PRODUCE . THE TOMATOES , WHEN PACKAGED , MUST BE FREE FROM ANY FOREIGN BODIES .
VI . MARKING
EACH PACKAGE MUST BEAR THE FOLLOWING PARTICULARS LEGIBLY AND INDELIBLY MARKED ON THE OUTSIDE :
A . IDENTIFICATION
PACKER * NAME AND ADDRESS OR CODE MARK .
DISPATCHER *
B . NATURE OF PRODUCE
" TOMATOES " ( WHEN THE CONTENTS OF THE PACKAGE ARE NOT VISIBLE FROM THE OUTSIDE ) .
C . ORIGIN OF PRODUCE
DISTRICT OF ORIGIN , OR NATIONAL , REGIONAL OR LOCAL TRADE NAME .
D . COMMERCIAL SPECIFICATIONS
- CLASS
- THE INDICATION " RIBBED " WHERE APPROPRIATE
- SIZE OR THE INDICATION " UNSIZED " .
E . OFFICIAL CONTROL MARK ( OPTIONAL )
WHEN THE ABOVE-MENTIONED PARTICULARS ARE WRITTEN ON A LABEL , THE LATTER MUST BE AFFIXED TO THE OUTSIDE OF THE PACKAGE AND MUST NOT BE LESS THAN 40 SQ CM IN SIZE .
ANNEX II/3
COMMON QUALITY STANDARDS FOR APPLES AND PEARS
I . DEFINITION OF PRODUCE
THIS STANDARD APPLIES TO DESSERT AND CULINARY APPLES AND PEARS , BEING FRESH FRUIT GROWN FROM VARIETIES OF PYRUS MALUS L . AND PYRUS COMMUNIS L . , TO BE SUPPLIED FRESH TO THE CONSUMER , APPLES AND PEARS FOR PROCESSING BEING EXCLUDED .
II . QUALITY REQUIREMENTS
A . GENERAL
THE PURPOSE OF THE STANDARD IS TO DEFINE THE QUALITY REQUIREMENTS FOR DESSERT AND CULINARY APPLES AND PEARS AT THE DISPATCHING STAGE , AFTER PREPARATION AND PACKAGING .
THE STANDARD APPLIES TO APPLES AND PEARS IN GENERAL , THE DESIGNATION OF THE SPECIFIC VARIETIES TO BE COVERED BY THE STANDARD BEING LEFT TO EACH COUNTRY .
B . MINIMUM REQUIREMENTS
( I ) THE FRUIT MUST BE :
- INTACT
- SOUND ( SUBJECT TO THE SPECIAL PROVISIONS FOR EACH CLASS )
- CLEAN , IN PARTICULAR FREE FROM ALL TRACES OF CHEMICALS
- FREE FROM ALL ABNORMAL EXTERNAL MOISTURE
- FREE FROM FOREIGN SMELL OR TASTE .
( II ) THE FRUIT MUST HAVE BEEN CAREFULLY HAND-PICKED AND BE SUFFICIENTLY DEVELOPED . THE STATE OF RIPENESS MUST BE SUCH AS TO ALLOW THE FRUIT TO WITHSTAND TRANSPORT AND HANDLING , TO REMAIN IN GOOD CONDITION UNTIL IT REACHES ITS PLACE OF DESTINATION AND TO MEET MARKET REQUIREMENTS THERE .
C . CLASSIFICATION
( I ) " EXTRA " CLASS
FRUIT IN THIS CLASS MUST BE OF SUPERLATIVE QUALITY .
IN SHAPE , SIZE AND COLOURING IT MUST BE TYPICAL OF THE VARIETY AND THE STALKS MUST BE INTACT .
IT MUST HAVE NO DEFECTS .
( II ) CLASS I
FRUIT IN THIS CLASS MUST BE OF GOOD QUALITY .
IT MUST HAVE THE CHARACTERISTICS TYPICAL OF THE PARTICULAR VARIETY .
HOWEVER , THE FOLLOWING MAY BE ALLOWED :
- A SLIGHT DEFECT IN SHAPE
- A SLIGHT DEFECT IN DEVELOPMENT
- A SLIGHT DEFECT IN COLOURING .
THE STALK MAY BE SLIGHTLY DAMAGED .
THE FLESH MUST BE PERFECTLY SOUND . SKIN DEFECTS NOT LIABLE TO IMPAIR THE GENERAL APPEARANCE AND KEEPING QUALITIES ARE , HOWEVER , ALLOWED FOR EACH FRUIT WITHIN THE FOLLOWING LIMITS :
- DEFECTS OF ELONGATED SHAPE MUST NOT EXCEED 2 CM IN LENGTH
- IN THE CASE OF OTHER DEFECTS , THE TOTAL AREA AFFECTED MUST NOT EXCEED 1 SQ CM , WITH THE EXCEPTION OF SPECKLES , WHICH MUST NOT EXTEND OVER MORE THAN ONE-QUARTER SQ CM IN AREA
- PEARS MUST NOT BE GRITTY .
( III ) CLASS II
THIS CLASS COMPRISES FRUIT OF MARKETABLE QUALITY WHICH DOES NOT QUALIFY FOR INCLUSION IN THE HIGHER CLASSES BUT SATISFIES THE MINIMUM REQUIREMENTS SPECIFIED ABOVE .
DEFECTS IN SHAPE , DEVELOPMENT AND COLOURING ARE ALLOWED , PROVIDED THAT THE FRUIT PRESERVES ITS CHARACTERISTICS . THE STALK MAY BE MISSING , PROVIDED THAT THE SKIN IS NOT DAMAGED .
THE FLESH MUST BE FREE FROM MAJOR DEFECTS . SKIN DEFECTS ARE , HOWEVER , ALLOWED FOR EACH FRUIT , WITHIN THE FOLLOWING LIMITS :
- DEFECTS OF ELONGATED SHAPE : MAXIMUM LENGTH 4 CM
- IN THE CASE OF OTHER DEFECTS , THE TOTAL AREA AFFECTED SHALL BE LIMITED TO 2.5 SQ CM WITH THE EXCEPTION OF SPECKLES , WHICH MUST NOT EXTEND OVER MORE THAN 1 SQ CM IN AREA .
III . SIZING
SIZING IS DETERMINED BY THE MAXIMUM DIAMETER OF THE EQUATORIAL SECTION .
THE DIFFERENCE IN DIAMETER BETWEEN FRUIT IN THE SAME PACKAGE SHALL BE LIMITED TO 5 MM :
1 . FOR " EXTRA " CLASS FRUIT
2 . FOR CLASSES I AND II FRUIT PACKED IN ROWS AND LAYERS .
THE DIFFERENCE IN DIAMETER MAY AMOUNT TO 10 MM FOR CLASS I FRUIT PACKED IN BULK .
NO LIMIT IS LAID DOWN FOR CLASS II FRUIT PACKED IN BULK .
SIZING IS COMPULSORY FOR " EXTRA " CLASS FRUIT .
IN ADDITION , A MINIMUM SIZE IS REQUIRED FOR ALL CLASSES AS FOLLOWS :
APPLES * EXTRA * I * II
LARGE FRUIT VARIETIES * 65 MM * 60 MM * 55 MM
OTHER VARIETIES * 60 MM * 55 MM * 50 MM
PEARS * EXTRA * I * II
LARGE FRUIT VARIETIES * 60 MM * 55 MM * 50 MM
OTHER VARIETIES * 55 MM * 50 MM * 45 MM
EXCEPTIONALLY , AND FOR SUMMER PEARS INCLUDED IN AN EXHAUSTIVE LIST COMMUNICATED BY THE COUNTRIES CONCERNED , NO MINIMUM SIZE WILL BE LAID DOWN FOR CONSIGNMENTS DISPATCHED BEFORE 1 AUGUST .
IV . TOLERANCES
TOLERANCES IN RESPECT OF QUALITY AND SIZE ARE ALLOWED FOR SUBSTANDARD FRUIT IN EACH PACKAGE .
A . QUALITY TOLERANCES
( I ) " EXTRA " CLASS : 5 % BY NUMBER OR WEIGHT OF FRUIT NOT SATISFYING THE REQUIREMENTS FOR THE CLASS BUT MEETING THE REQUIREMENTS FOR THE CLASS IMMEDIATELY BELOW ( CLASS I ) OR , EXCEPTIONALLY , THOSE FOR FRUIT COMING WITHIN THE TOLERANCES FOR THAT CLASS .
( II ) CLASS I : 10 % BY NUMBER OR WEIGHT OF FRUIT NOT SATISFYING THE REQUIREMENTS FOR THE CLASS BUT MEETING THE REQUIREMENTS FOR THE CLASS BELOW ( CLASS II ) OR , EXCEPTIONALLY , THOSE FOR FRUIT COMING WITHIN THE TOLERANCES FOR THAT CLASS .
( III ) CLASS II : 10 % BY NUMBER OR WEIGHT OF FRUIT NOT SATISFYING THE REQUIREMENTS FOR THE CLASS , EXCLUDING FRUIT VISIBLY ATTACKED BY ROT OR SHOWING PRONOUNCED BRUISING OR UNHEALED CRACKS .
FOR ALL CLASSES , THE ABOVE TOLERANCES MAY IN NO CASE EXCEED 2 % OF MAGGOTY OR SPOILT FRUIT .
B . SIZE TOLERANCES
FOR ALL CLASSES : 10 % BY NUMBER OR WEIGHT OF FRUIT PER PACKAGE CONFORMING TO THE SIZE IMMEDIATELY ABOVE OR BELOW THAT STATED ON THE PACKAGE .
C . CUMULATIVE TOLERANCES
IN NO CASE MAY TOLERANCES OF QUALITY AND SIZE TAKEN TOGETHER EXCEED :
- 10 % FOR THE " EXTRA " CLASS
- 15 % FOR CLASSES I AND II .
ALL THE ABOVE PERCENTAGES APPLY TO THE SAMPLES EXAMINED DURING CONTROL .
V . PACKAGING AND PRESENTATION
A . UNIFORMITY
THE CONTENTS OF EACH PACKAGE MUST BE UNIFORM ; EACH PACKAGE MUST CONTAIN ONLY FRUIT OF THE SAME ORIGIN , VARIETY AND QUALITY AND THE SAME DEGREE OF RIPENESS .
IN THE CASE OF THE " EXTRA " CLASS , UNIFORMITY ALSO APPLIES TO SIZE AND COLOURING .
B . PACKAGING
THE FRUIT MUST BE PACKED IN SUCH A WAY AS TO ENSURE THAT IT IS SUITABLY PROTECTED .
ANY PAPER OR OTHER MATERIAL USED INSIDE THE PACKAGE MUST BE NEW AND HARMLESS TO HUMAN FOOD . WHEN PRINTED MATTER IS USED , THE PRINTING MUST BE ON THE OUTSIDE ONLY SO AS NOT TO COME INTO CONTACT WITH THE FRUIT . THE FRUIT WHEN PACKAGED MUST BE FREE FROM FOREIGN BODIES SUCH AS LEAVES OR TWIGS .
VI . MARKING
EACH PACKAGE MUST BEAR THE FOLLOWING PARTICULARS LEGIBLY AND INDELIBLY MARKED ON THE OUTSIDE :
A . IDENTIFICATION
PACKER * NAME AND ADDRESS OR CODE MARK .
DISPATCHER *
B . NATURE OF PRODUCE
- " APPLES " OR " PEARS " ( WHEN THE CONTENTS OF THE PACKAGE ARE NOT VISIBLE FROM THE OUTSIDE )
- NAME OF THE VARIETY FOR THE " EXTRA " CLASS AND CLASS I .
C . ORIGIN OF PRODUCE
DISTRICT OF ORIGIN , OR NATIONAL , REGIONAL OR LOCAL TRADE NAME .
D . COMMERCIAL SPECIFICATIONS
- CLASS
- SIZE OR NUMBER OF UNITS ( EXCEPT FOR PRODUCE PACKED IN BULK ) .
E . OFFICIAL CONTROL MARK ( OPTIONAL )
FOR PACKAGES OF OVER 15 KG , LABELS USED FOR MARKING MUST BE NOT LESS THAN 40 SQ CM IN SIZE .
ANNEX II/4
COMMON QUALITY STANDARDS FOR PEACHES
I . DEFINITION OF PRODUCE
THIS STANDARD APPLIES TO PEACHES GROWN FROM VARIETIES OF PRUNUS PERSICA SIEBI AND ZUCC TO BE SUPPLIED FRESH TO THE CONSUMER , PEACHES FOR PROCESSING BEING EXCLUDED .
II . QUALITY REQUIREMENTS
A . GENERAL
THE PURPOSE OF THE STANDARD IS TO DEFINE THE QUALITY REQUIREMENTS FOR PEACHES AT THE DISPATCHING STAGE , AFTER PREPARATION AND PACKAGING .
THE STANDARD APPLIES TO PEACHES IN GENERAL , THE DESIGNATION OF THE SPECIFIC VARIETIES TO BE COVERED BY THE STANDARD BEING LEFT TO EACH COUNTRY .
B . MINIMUM REQUIREMENTS
( I ) THE PEACHES MUST BE :
- INTACT
- SOUND ( SUBJECT TO THE SPECIAL PROVISIONS FOR EACH CLASS )
- CLEAN , IN PARTICULAR FREE FROM ALL TRACES OF CHEMICALS
- FREE FROM ALL ABNORMAL EXTERNAL MOISTURE
- FREE FROM FOREIGN SMELL OR TASTE .
( II ) THE PEACHES MUST HAVE BEEN CAREFULLY HAND-PICKED AND BE SUFFICIENTLY DEVELOPED . THE STATE OF RIPENESS MUST BE SUCH AS TO ALLOW THE FRUIT TO WITHSTAND TRANSPORT AND HANDLING , TO REMAIN IN GOOD CONDITION UNTIL IT REACHES ITS PLACE OF DESTINATION AND TO MEET MARKET REQUIREMENTS THERE .
C . CLASSIFICATION
( I ) " EXTRA " CLASS
FRUIT IN THIS CLASS MUST BE OF SUPERLATIVE QUALITY .
IN SHAPE , DEVELOPMENT AND COLOURING IT MUST BE TYPICAL OF THE VARIETY , ALLOWING FOR THE DISTRICT IN WHICH IT IS GROWN .
IT MUST HAVE NO DEFECTS .
( II ) CLASS I
FRUIT IN THIS CLASS MUST BE OF GOOD QUALITY .
IT MUST HAVE THE CHARACTERISTICS TYPICAL OF THE PARTICULAR VARIETY , ALLOWING FOR THE DISTRICT IN WHICH THE FRUIT IS GROWN .
HOWEVER , THE FOLLOWING MAY BE ALLOWED :
- A SLIGHT DEFECT IN SHAPE OR DEVELOPMENT
- A SLIGHT DEFECT IN COLOURING .
THE FLESH MUST BE PERFECTLY SOUND . SKIN DEFECTS NOT LIABLE TO IMPAIR THE GENERAL APPEARANCE OF THE FRUIT OR ITS KEEPING QUALITIES ARE ALLOWED . DEFECTS OF ELONGATED SHAPE MUST NOT EXCEED 1 CM IN LENGTH . IN THE CASE OF OTHER DEFECTS , THE TOTAL ARE AFFECTED MUST NOT EXCEED 0.5 SQ CM .
( III ) CLASS II
THIS CLASS COMPRISES FRUIT OF MARKETABLE QUALITY WHICH DOES NOT QUALIFY FOR INCLUSION IN THE HIGHER CLASSES BUT SATISFIES THE MINIMUM REQUIREMENTS SPECIFIED ABOVE .
SKIN DEFECTS NOT LIABLE TO IMPAIR THE GENERAL APPEARANCE OF THE FRUIT OR ITS KEEPING QUALITIES ARE ALLOWED , PROVIDED THAT THEY DO NOT EXCEED 2 CM IN LENGTH FOR DEFECTS OF ELONGATED SHAPE OR 1.5 SQ CM IN TOTAL AREA FOR ALL OTHER DEFECTS .
III . SIZING
SIZING IS DETERMINED BY :
- CIRCUMFERENCE , OR
- MAXIMUM DIAMETER OF THE EQUATORIAL SECTION .
THE PEACHES MUST BE GRADED ACCORDING TO THE FOLLOWING SCALE :
CIRCUMFERENCE * DIAMETER * SIZE CODE
28 CM AND OVER * 90 MM AND OVER * AAAA
25 CM AND OVER BUT UNDER 28 CM * 81 MM AND OVER BUT UNDER 90 MM * AAA
23 CM AND OVER BUT UNDER 25 CM * 74 MM AND OVER BUT UNDER 81 MM * AA
21 CM AND OVER BUT UNDER 23 CM * 68 MM AND OVER BUT UNDER 74 MM * A
19 CM AND OVER BUT UNDER 21 CM * 62 MM AND OVER BUT UNDER 68 MM * B
17.5 CM AND OVER BUT UNDER 19 CM * 56 MM AND OVER BUT UNDER 62 MM * C
16 CM AND OVER BUT UNDER 17.5 CM * 50 MM AND OVER BUT UNDER 56 MM * D
THE MINIMUM SIZE ALLOWED FOR THE " EXTRA " CLASS IS 17.5 CM ( CIRCUMFERENCE ) AND 56 MM ( DIAMETER ) .
IN ADDITION , PEACHES ( EXCEPT FOR THOSE OF THE " EXTRA " CLASS ) WITH A CIRCUMFERENCE OF 15/16 CM OR A DIAMETER OF 47/50 MM WILL BE ACCEPTED UP TO 31 JULY .
SIZING IS COMPULSORY FOR ALL CLASSES .
IV . TOLERANCES
TOLERANCES IN RESPECT OF QUALITY AND SIZE ARE ALLOWED FOR SUBSTANDARD FRUIT IN EACH PACKAGE .
A . QUALITY TOLERANCES
( I ) " EXTRA " CLASS : 5 % BY NUMBER OR WEIGHT OF FRUIT NOT SATISFYING THE REQUIREMENTS FOR THE CLASS BUT MEETING THE REQUIREMENTS FOR THE CLASS IMMEDIATELY BELOW ( CLASS I ) .
( II ) CLASS I : 10 % BY NUMBER OR WEIGHT OF FRUIT NOT SATISFYING THE REQUIREMENTS FOR THE CLASS BUT MEETING THE REQUIREMENTS FOR THE CLASS IMMEDIATELY BELOW ( CLASS II ) .
( III ) CLASS II : 10 % BY NUMBER OR WEIGHT OF FRUIT NOT SATISFYING THE MINIMUM REQUIREMENTS BUT FIT FOR CONSUMPTION .
B . SIZE TOLERANCES
FOR ALL CLASSES : 10 % BY NUMBER OR WEIGHT OF FRUIT PER PACKAGE UP TO 1 CM MORE OR LESS IN CIRCUMFERENCE THAN THE SIZE STATED ON THE PACKAGE .
C . CUMULATIVE TOLERANCES
IN NO CASE MAY TOLERANCES OF QUALITY AND SIZE TAKEN TOGETHER EXCEED :
- 10 % FOR THE " EXTRA " CLASS
- 15 % FOR CLASSES I AND II .
V . PACKAGING AND PRESENTATION
A . UNIFORMITY
THE CONTENTS OF EACH PACKAGE MUST BE UNIFORM ; EACH PACKAGE MUST CONTAIN ONLY FRUIT OF THE SAME VARIETY , QUALITY , DEGREE OF RIPENESS AND SIZE , AND FOR THE " EXTRA " CLASS , THE CONTENTS MUST ALSO BE UNIFORM IN COLOUR .
B . PACKAGING
THE FRUIT MUST BE PACKED IN SUCH A WAY AS TO ENSURE THAT IT IS SUITABLY PROTECTED .
ANY PAPER OR OTHER MATERIAL USED INSIDE THE PACKAGE MUST BE NEW AND HARMLESS TO HUMAN FOOD . WHEN PRINTED MATTER IS USED , THE PRINTING MUST BE ON THE OUTSIDE ONLY SO AS NOT TO COME INTO CONTACT WITH THE FRUIT .
THE FRUIT MAY BE PUT UP IN ONE OF THE FOLLOWING WAYS :
1 . IN SMALL UNIT PACKAGES FOR DIRECT SALE TO THE CONSUMER
2 . IN A SINGLE LAYER , IN THE CASE OF THE " EXTRA " CLASS . EACH INDIVIDUAL FRUIT IN THIS CATEGORY MUST BE PROTECTED BY A SEPARATE WRAPPING
3 . IN ONE OR TWO LAYERS , IN THE CASE OF CLASSES I AND II . THE FRUIT WHEN PUT UP FOR SALE MUST BE FREE FROM ANY FOREIGN BODIES .
VI . MARKING
EACH PACKAGE MUST BEAR THE FOLLOWING PARTICULARS LEGIBLY AND INDELIBLY MARKED ON THE OUTSIDE :
A . IDENTIFICATION
PACKER * NAME AND ADDRESS OR CODE MARK .
DISPATCHER *
B . NATURE OF PRODUCE
- " PEACHES " ( WHEN THE CONTENTS OF THE PACKAGE ARE NOT VISIBLE FROM THE OUTSIDE )
- NAME OF VARIETY FOR THE " EXTRA " CLASS AND CLASS I .
C . ORIGIN OF PRODUCE
DISTRICT OF ORIGIN , OR NATIONAL , REGIONAL OR LOCAL TRADE NAME .
D . COMMERCIAL SPECIFICATIONS
- CLASS
- SIZE AND/OR NUMBER OF UNITS .
E . OFFICIAL CONTROL MARK ( OPTIONAL ) .
ANNEX II/5
COMMON QUALITY STANDARDS FOR LETTUCES , CURLED-LEAVED ENDIVES AND BROAD-LEAVED ( BATAVIAN ) ENDIVES
I . DEFINITION OF PRODUCE
THIS STANDARD APPLIES TO LETTUCES ( VARIETIES GROWN FROM LACTUCA SATIVA L . EXCLUDING " CUTTING LETTUCE " ) , CURLED-LEAVED ENDIVES ( CICHORIUM ENDIVIA L . VAR . CRISPA . ) AND BROAD-LEAVED ( BATAVIAN ) ENDIVES ( CICHORIUM ENDIVIA L . VAR . LATIFOLIA ) TO BE SUPPLIED FRESH TO THE CONSUMER .
II . QUALITY REQUIREMENTS
A . GENERAL
THE PURPOSE OF THE STANDARD IS TO DEFINE THE QUALITY REQUIREMENTS FOR THE ABOVE-MENTIONED PRODUCE , AFTER PREPARATION AND PACKAGING .
B . MINIMUM REQUIREMENTS
( I ) THE PRODUCE MUST BE :
- INTACT
- SOUND ( SUBJECT TO THE SPECIAL PROVISIONS FOR EACH CLASS )
- OF FRESH APPEARANCE
- CLEAN AND TRIMMED , I.E . SUBSTANTIALLY FREE FROM ALL EARTH-SOILED LEAVES , VEGETABLE MOULD OR SAND AND FROM TRACES OF FERTILISER OR OTHER CHEMICALS
- TURGESCENT
- NOT RUNNING TO SEED
- FREE FROM ALL ABNORMAL EXTERNAL MOISTURE
- FREE FROM FOREIGN SMELL OR TASTE .
( II ) THE PRODUCE MUST BE OF NORMAL DEVELOPMENT FOR THE SEASON AND FOR THE TIME OF MARKETING . IN THE CASE OF LETTUCE , A REDDISH DISCOLORATION , CAUSED BY LOW TEMPERATURE DURING GROWTH , IS ALLOWED , UNLESS IT SERIOUSLY AFFECTS THE APPEARANCE OF THE LETTUCE .
( III ) THE ROOTS MUST BE CUT CLOSE TO THE BASE OF THE OUTER LEAVES AND THE CUT MUST BE NEAT WHEN THE PRODUCE IS DISPATCHED .
C . CLASSIFICATION
( I ) CLASS I
PRODUCE IN THIS CLASS MUST BE :
- WELL FORMED
- FIRM ( WITH THE EXCEPTION OF LETTUCES GROWN UNDER GLASS )
- COMPACT
- FREE FROM DAMAGE BY ANIMAL PARASITES , FROM DISEASE AND DEFECTS AFFECTING EDIBILITY
- FREE FROM ANY TRACES OF FROST AND SUBSTANTIALLY FREE FROM PHYSICAL INJURY
- OF THE COLOURING TYPICAL OF THE VARIETY .
LETTUCES MUST HAVE A SINGLE WELL-FORMED HEART ; HOWEVER , IN THE CASE OF LETTUCES GROWN UNDER GLASS A LESS WELL-FORMED HEART IS ALLOWED .
THE YELLOW CENTRE OF CURLED-LEAVED ENDIVES AND BROAD-LEAVED ( BATAVIAN ) ENDIVES MUST COVER AT LEAST ONE-THIRD OF THE PLANT .
( II ) CLASS II
THIS CLASS COMPRISES PRODUCE OF MARKETABLE QUALITY WHICH DOES NOT QUALIFY FOR INCLUSION IN THE HIGHER CLASS , BUT SATISFIES THE MINIMUM REQUIREMENTS SPECIFIED ABOVE .
PRODUCE IN THIS CLASS MUST BE :
- REASONABLY WELL FORMED
- FREE FROM DAMAGE BY ANIMAL PARASITES OR FROM DISEASE WHICH MAY SERIOUSLY AFFECT EDIBILITY
- FREE FROM SERIOUS PHYSICAL INJURY .
SLIGHT DISCOLORATION OF THE PRODUCE IS ALLOWED .
LETTUCES MAY HAVE A SMALL HEART ; IN THE CASE OF LETTUCES GROWN UNDER GLASS , ABSENCE OF HEART IS PERMISSIBLE .
THE CENTRES OF CURLED-LEAVED ENDIVES AND BROAD-LEAVED ( BATAVIAN ) ENDIVES MUST BE YELLOW IN COLOUR .
III . SIZING
SIZING IS DETERMINED BY THE NET WEIGHT OF 100 UNITS OR OF 1 UNIT .
A . MINIMUM WEIGHT
( I ) LETTUCES :
OPEN-AIR LETTUCES MUST WEIGH AT LEAST 15 KG PER 100 UNITS , OR 150 G PER UNIT . LETTUCES GROWN UNDER GLASS MUST WEIGH AT LEAST 8 KG PER 100 UNITS , OR 80 G PER UNIT .
( II ) CURLED-LEAVED AND BROAD-LEAVED ( BATAVIAN ) ENDIVES
OPEN-AIR CURLED-LEAVED AND BROAD-LEAVED ( BATAVIAN ) ENDIVES MUST WEIGH AT LEAST 20 KG PER 100 UNITS OR 200 G PER UNIT .
CURLED-LEAVED AND BROAD-LEAVED ( BATAVIAN ) ENDIVES GROWN UNDER GLASS MUST WEIGH AT LEAST 15 KG PER 100 UNITS OR 150 G PER UNIT .
B . UNIFORMITY
( I ) LETTUCES :
IN EACH PACKAGE THE DIFFERENCE BETWEEN THE LIGHTEST AND HEAVIEST UNITS MUST NOT EXCEED :
- 20 G FOR LETTUCES WEIGHING UNDER 11 KG PER 100 UNITS ( 110 G PER UNIT )
- 40 G FOR LETTUCES WEIGHING BETWEEN 11 AND 20 KG PER 100 UNITS ( BETWEEN 110 AND 200 G PER UNIT )
- 100 G FOR LETTUCES WEIGHING OVER 20 KG PER 100 UNITS ( 200 G PER UNIT ) .
( II ) CURLED-LEAVED AND BROAD-LEAVED ( BATAVIAN ) ENDIVES
IN EACH PACKAGE THE DIFFERENCE BETWEEN THE LIGHTEST AND HEAVIEST UNITS MUST NOT EXCEED :
- 150 G FOR OPEN-AIR CURLED-LEAVED AND BROAD-LEAVED ( BATAVIAN ) ENDIVES
- 100 G FOR CURLED-LEAVED AND BROAD-LEAVED ( BATAVIAN ) ENDIVES GROWN UNDER GLASS .
IV . TOLERANCES
TOLERANCES IN RESPECT OF QUALITY AND SIZE ARE ALLOWED FOR SUBSTANDARD PRODUCE IN EACH PACKAGE .
A . QUALITY TOLERANCES
( I ) CLASS I : 10 % OF UNITS NOT SATISFYING THE REQUIREMENTS OF THE CLASS BUT MEETING THE REQUIREMENTS OF CLASS II .
( II ) CLASS II : 10 % OF UNITS NOT SATISFYING THE REQUIREMENTS OF THE CLASS BUT IN NO CASE POSSESSING DEFECTS RENDERING THEM UNFIT FOR HUMAN CONSUMPTION .
B . SIZE TOLERANCES
10 % OF UNITS NOT CONFORMING TO THE STANDARD SIZE BUT WEIGHING NOT MORE THAN 10 % OVER OR UNDER THAT SIZE .
V . PACKAGING AND PRESENTATION
A . UNIFORMITY
THE CONTENTS OF EACH PACKAGE MUST BE UNIFORM AND MUST CONTAIN ONLY PRODUCE OF THE SAME VARIETY , QUALITY AND SIZE .
B . PACKAGING
THE PRODUCE MUST BE REASONABLY PACKED HAVING REGARD TO THE SIZE AND TYPE OF PACKAGING , WITHOUT EMPTY SPACES OR CRUSHING .
PRODUCE MUST BE SEPARATED FROM THE BOTTOM , LONG SIDES AND LID BY SOME APPROPRIATE FORM OF PROTECTION .
LETTUCES AND CURLED-LEAVED ENDIVES MUST BE ARRANGED IN TWO LAYERS , HEART TO HEART ( THREE LAYERS IN THE CASE OF RETURNABLE PACKAGES ) ; COS LETTUCES AND BROAD-LEAVED ( BATAVIAN ) ENDIVES MAY BE PACKED FLAT .
ANY PAPER OR OTHER MATERIAL USED MUST BE NEW AND HARMLESS TO HUMAN FOOD . WHEN PRINTED MATTER IS USED , THE PRINTING MUST BE ON THE OUTSIDE ONLY SO AS NOT TO COME INTO CONTACT WITH THE PRODUCE . THE PRODUCE WHEN PACKAGED MUST BE FREE FROM ANY FOREIGN BODIES , SUCH AS LOOSE LEAVES AND PARTS OF STALK .
VI . MARKING
EACH PACKAGE MUST BEAR THE FOLLOWING PARTICULARS LEGIBLY AND INDELIBLY MARKED ON THE OUTSIDE :
A . IDENTIFICATION
PACKER * NAME AND ADDRESS OR CODE MARK .
DISPATCHER *
B . NATURE OF PRODUCE
- " LETTUCES " , " CURLED-LEAVED ENDIVES " OR " BROAD-LEAVED ( BATAVIAN ) ENDIVES " ( WHEN THE CONTENTS OF THE PACKAGE ARE NOT VISIBLE FROM THE OUTSIDE ) AND WHERE POSSIBLE THE NAME OF THE VARIETY
- WHERE APPROPRIATE THE INDICATION " GROWN UNDER GLASS " .
C . ORIGIN OF PRODUCE
DISTRICT OF ORIGIN , OR NATIONAL , REGIONAL OR LOCAL TRADE NAME .
D . COMMERCIAL SPECIFICATIONS
- CLASS
- SIZE ( INDICATED BY THE MINIMUM WEIGHT PER 100 UNITS - EXPRESSED IN KG - OR BY THE MINIMUM WEIGHT PER UNIT ) OR THE NUMBER OF UNITS .
E . OFFICIAL CONTROL MARK ( OPTIONAL ) .
ANNEX II/6
COMMON QUALITY STANDARDS FOR ONIONS
I . DEFINITION OF PRODUCE
THIS STANDARD APPLIES TO ONIONS OF THE ALLIUM CEPA L . VARIETY WITH THE EXCEPTION OF " SILVERSKIN " ONIONS AND OF GREEN ONIONS WITH FULL LEAVES .
II . QUALITY REQUIREMENTS
A . GENERAL
THE PURPOSE OF THE STANDARD IS TO DEFINE THE QUALITY REQUIREMENTS FOR THE ONIONS REFERRED TO IN PARAGRAPH 1 AT THE DISPATCHING STAGE , AFTER PREPARATION AND PACKAGING .
B . MINIMUM REQUIREMENTS
THE BULBS MUST BE :
- INTACT
- SOUND ( SUBJECT TO THE SPECIAL PROVISIONS FOR EACH CLASS )
- CLEAN , IN PARTICULAR FREE FROM ALL TRACES OF FERTILISER OR OTHER CHEMICALS
- FREE FROM DAMAGE DUE TO FROST
- SUFFICIENTLY DRY FOR THE INTENDED USE ( IN THE CASE OF PICKLING ONIONS , AT LEAST THE FIRST TWO OUTER SKINS AND THE STEM SHOULD BE FULLY DRIED )
- FREE FROM ALL ABNORMAL EXTERNAL MOISTURE
- FREE FROM FOREIGN SMELL OR TASTE
- LASTLY , THE STEMS MUST BE TWISTED OR CLEAN CUT AND MUST NOT BE MORE THAN 4 CM LONG ( EXCEPT FOR STRINGED ONIONS ) .
C . CLASSIFICATION
( I ) CLASS I : ONIONS IN THIS CLASS MUST BE OF GOOD QUALITY . IN SHAPE AND COLOUR THEY MUST BE TYPICAL OF THE VARIETY .
THE BULBS MUST BE :
- FIRM AND COMPACT
- NOT GERMINATED
- WITHOUT HOLLOW OR TOUGH STEMS
- FREE FROM SWELLING CAUSED BY ABNORMAL DEVELOPMENT
- PRACTICALLY FREE OF ROOT TUFTS .
SMALL CRACKS IN THE OUTER SKIN ARE ALLOWED .
( II ) CLASS II : ONIONS IN THIS CLASS MUST SATISFY THE MINIMUM REQUIREMENTS SPECIFIED ABOVE BUT MAY DIFFER FROM CLASS I IN THE FOLLOWING WAYS :
- BULBS MUST BE REASONABLY FIRM ;
- THEY MAY HAVE THE FOLLOWING DEFECTS :
- SHAPE AND COLOURING NOT TYPICAL OF THE VARIETY
- EARLY SIGNS OF GERMINATION ( NOT MORE THAN 10 % FOR ANY GIVEN BATCH )
- TRACES OF RUBBING
- SLIGHT MARKING CAUSED BY PARASITES OR DISEASE
- SMALL HEALED CRACKS
- SLIGHT BRUISING , HEALED , UNIKELY TO IMPAIR KEEPING QUALITIES .
III . SIZING
THE ONIONS MUST BE GRADED FOR SIZE . SIZING IS DETERMINED BY THE MAXIMUM DIAMETER OF THE EQUATORIAL SECTION , ON THE FOLLOWING PRINCIPLES :
( I ) PICKLING ONIONS
10 MM AND OVER BUT UNDER 15 MM
15 MM AND OVER BUT UNDER 20 MM
20 MM AND OVER BUT UNDER 30 MM
30 MM AND OVER BUT UNDER 45 MM
WITH A TOLERANCE OF 2 MM BELOW THE MINIMUM OR ABOVE THE MAXIMUM LIMITS .
( II ) ONIONS FOR CONSUMPTION IN THE FRESH STATE
MINIMUM DIAMETER : 40 MM WITH A MAXIMUM DEVIATION OF 20 MM BETWEEN BULBS IN THE SAME PACKAGE MARKED AS CONTAINING ONE SIZE .
IV . TOLERANCES
TOLERANCES IN RESPECT OF QUALITY AND SIZE ARE ALLOWED FOR SUBSTANDARD PRODUCE IN EACH PACKAGE .
A . QUALITY TOLERANCES
( I ) CLASS I : 10 % BY WEIGHT OF PRODUCE WHICH IS SUBSTANDARD BUT SATISFIES THE REQUIREMENTS FOR CLASS II .
( II ) CLASS II : 10 % BY WEIGHT OF SUBSTANDARD PRODUCE NOT SATISFYING THE MINIMUM REQUIREMENTS BUT FIT FOR CONSUMPTION .
B . SIZE TOLERANCE
FOR ONIONS TO BE CONSUMED IN THE FRESH STATE , 10 % BY WEIGHT PER PACKAGE OF BULBS CONFORMING TO THE SIZE IMMEDIATELY BELOW OR ABOVE THE ONE SPECIFIED ON THE PACKAGE .
C . CUMULATIVE TOLERANCES
IN NO CASE MAY TOLERANCES OF QUALITY AND SIZE TAKEN TOGETHER EXCEED 15 % .
V . PACKAGING AND PRESENTATION
A . UNIFORMITY
THE CONTENTS OF EACH PACKAGE MUST BE UNIFORM AND CONTAIN ONLY ONIONS OF THE SAME VARIETY , QUALITY AND SIZE .
B . PACKAGING
ONIONS MAY BE PUT UP :
- ARRANGED IN LAYERS
- PACKED IN BULK
- IN " STRINGS " ( OF NOT LESS THAN SIXTEEN BULBS , WITH FULLY DRIED STEMS ) . THEY MUST BE FREE , WHEN PACKAGED , FROM ANY FOREIGN BODIES .
VI . MARKING
EVERY PACKAGE MUST BEAR THE FOLLOWING PARTICULARS :
A . IDENTIFICATION
PACKER * NAME AND ADDRESS OR CODE MARK .
DISPATCHER *
B . NATURE OF PRODUCE " ONIONS " ( WHEN THE CONTENTS OF THE PACKAGE ARE NOT VISIBLE FROM THE OUTSIDE ) .
C . ORIGIN OF PRODUCE
DISTRICT OF ORIGIN , OR NATIONAL , REGIONAL OR LOCAL TRADE NAME .
D . COMMERCIAL SPECIFICATIONS
- CLASS
- SIZE
- WEIGHT .
E . OFFICIAL CONTROL MARK ( OPTIONAL ) .
ANNEX II/7
COMMON QUALITY STANDARDS FOR APRICOTS
I . DEFINITION OF PRODUCE
THIS STANDARD APPLIES TO APRICOTS GROWN FROM VARIETIES OF PRUNUS ARMENIACA L . TO BE SUPPLIED FRESH TO THE CONSUMER , APRICOTS FOR PROCESSING BEING EXCLUDED .
II . QUALITY REQUIREMENTS
A . GENERAL
THE PURPOSE OF THE STANDARD IS TO DEFINE THE QUALITY REQUIREMENTS FOR DESSERT AND CULINARY APRICOTS AT THE DISPATCHING STAGE , AFTER PREPARATION AND PACKAGING .
B . MINIMUM REQUIREMENTS
( I ) THE FRUIT MUST BE :
- INTACT
- SOUND ( SUBJECT TO THE SPECIAL PROVISIONS FOR EACH CLASS )
- CLEAN , IN PARTICULAR FREE FROM ALL TRACES OF CHEMICALS
- FREE FROM ABNORMAL EXTERNAL MOISTURE
- FREE FROM FOREIGN SMELL OR TASTE .
( II ) THE APRICOTS MUST HAVE BEEN CAREFULLY HAND-PICKED AND BE SUFFICIENTLY DEVELOPED . THE STATE OF RIPENESS MUST BE SUCH AS TO ALLOW THE FRUIT TO WITHSTAND TRANSPORT AND HANDLING , TO REMAIN IN GOOD CONDITION UNTIL IT REACHES ITS PLACE OF DESTINATION AND TO MEET MARKET REQUIREMENTS THERE .
C . CLASSIFICATION
( I ) " EXTRA " CLASS
FRUIT IN THIS CLASS MUST BE OF SUPERLATIVE QUALITY . IN SHAPE , DEVELOPMENT AND COLOURING IT MUST BE TYPICAL OF THE VARIETY , ALLOWING FOR THE DISTRICT IN WHICH IT IS GROWN .
IT MUST HAVE NO DEFECTS .
( II ) FRUIT IN THIS CLASS MUST BE OF GOOD QUALITY . IT MUST HAVE THE CHARACTERISTICS TYPICAL OF THE PARTICULAR VARIETY , ALLOWING FOR THE DISTRICT IN WHICH THE FRUIT IS GROWN . THE FLESH MUST BE PERFECTLY SOUND . HOWEVER , THE FOLLOWING DEFECTS MAY BE ALLOWED :
- A SLIGHT DEFECT IN SHAPE OR DEVELOPMENT
- A SLIGHT DEFECT IN COLOURING
- SLIGHT SIGNS OF RUBBING
- SLIGHT SIGNS OF BURNING
PROVIDED THAT THEY DO NOT IMPAIR THE EXTERNAL APPEARANCE OF THE FRUIT OR ITS KEEPING QUALITIES . DEFECTS OF ELONGATED SHAPE MUST NOT EXCEED 1 CM IN LENGTH ; IN THE CASE OF ALL OTHER DEFECTS , THE TOTAL AREA AFFECTED MUST NOT EXCEED 0.5 SQ CM .
( III ) CLASS II
THIS CLASS COMPRISES FRUIT OF MARKETABLE QUALITY WHICH DOES NOT QUALIFY FOR INCLUSION IN THE HIGHER CLASSES BUT SATISFIES THE MINIMUM REQUIREMENTS SPECIFIED ABOVE .
SKIN DEFECTS NOT LIABLE TO IMPAIR THE GENERAL APPEARANCE OF THE FRUIT OR ITS KEEPING QUALITIES ARE ALLOWED , PROVIDED THAT THEY DO NOT EXCEED 2 CM IN LENGTH FOR DEFECTS OF ELONGATED SHAPE OR 1 SQ CM FOR ALL OTHER DEFECTS .
III . SIZING
SIZING IS DETERMINED EITHER BY CIRCUMFERENCE OR BY THE MAXIMUM DIAMETER OF THE EQUATORIAL SECTION ; IT IS COMPULSORY FOR THE " EXTRA " CLASS AND CLASS I .
FOR CLASSES I AND II THE MINIMUM SIZE IS FIXED AT 30 MM DIAMETER ( 10 CM CIRCUMFERENCE ) , THE MAXIMUM PERMISSIBLE DEVIATION FOR FRUIT OF THE SAME SIZE BEING 10 MM IN DIAMETER ( 3 CM IN CIRCUMFERENCE ) .
FOR THE " EXTRA " CLASS , IT IS FOR EACH COUNTRY TO DETERMINE THE MINIMUM SIZE ALLOWED ACCORDING TO THE VARIETY . THIS SIZE MAY NOT , HOWEVER , BE SMALLER THAN THE SIZE FIXED FOR THE OTHER CLASSES . IN ANY CASE , THE MAXIMUM PERMISSIBLE DEVIATION FOR FRUIT OF THE SAME SIZE IN THIS CLASS SHALL BE 5 MM IN DIAMETER ( 1.5 CM IN CIRCUMFERENCE ) .
IV . TOLERANCES
TOLERANCES IN RESPECT OF QUALITY AND SIZE ARE ALLOWED FOR SUBSTANDARD FRUIT IN EACH PACKAGE .
A . QUALITY TOLERANCES
( I ) " EXTRA " CLASS : 5 % BY NUMBER OR WEIGHT OF FRUIT NOT SATISFYING THE REQUIREMENTS FOR THE CLASS BUT SATISFYING THE REQUIREMENTS FOR THE CLASS IMMEDIATELY BELOW ( CLASS I ) .
( II ) CLASS I : 10 % BY NUMBER OR WEIGHT OF FRUIT NOT SATISFYING THE REQUIREMENTS FOR THE CLASS BUT SATISFYING THE REQUIREMENTS FOR THE CLASS BELOW ( CLASS II ) .
( III ) CLASS I : 10 % BY NUMBER OR WEIGHT OF FRUIT NOT SATISFYING THE MINIMUM REQUIREMENTS BUT FIT FOR CONSUMPTION .
B . SIZE TOLERANCES
FOR ALL CLASSES : 10 % BY NUMBER OR WEIGHT OF FRUIT PER PACKAGE UP TO 1 CM MORE OR LESS THAN THE SIZE STATED ON THE PACKAGE .
C . CUMULATIVE TOLERANCES
IN NO CASE MAY TOLERANCES OF QUALITY AND SIZE TOGETHER EXCEED :
- 10 % FOR THE " EXTRA " CLASS
- 15 % FOR CLASSES I AND II .
V . PACKAGING AND PRESENTATION
A . UNIFORMITY
THE CONTENTS OF EACH PACKAGE MUST BE UNIFORM ; EACH PACKAGE MUST CONTAIN ONLY FRUIT OF THE SAME VARIETY , QUALITY AND SIZE , AND FOR THE " EXTRA " CLASS , THE CONTENTS MUST ALSO BE UNIFORM IN COLOUR .
B . PACKAGING
THE FRUIT MUST BE PACKED IN SUCH A WAY AS TO ENSURE THAT IT IS SUITABLY PROTECTED . ANY PAPER OR OTHER MATERIAL USED INSIDE THE PACKAGE MUST BE NEW AND HARMLESS TO HUMAN FOOD . WHEN PRINTED MATTER IS USED , THE PRINTING MUST BE ON THE OUTSIDE ONLY , SO AS NOT TO COME INTO CONTACT WITH THE FRUIT . THE FRUIT WHEN PACKAGED MUST BE FREE FROM ANY FOREIGN BODIES .
THE FRUIT MAY BE PUT UP IN ONE OF THE FOLLOWING WAYS :
1 . IN SMALL UNIT PACKAGES FOR DIRECT SALE TO THE CONSUMER
2 . ARRANGED IN ONE OR MORE LAYERS SEPARATED FROM EACH OTHER
3 . IN BULK , EXCEPT FOR THE " EXTRA " CLASS .
VI . MARKING
EACH PACKAGE MUST BEAR THE FOLLOWING PARTICULARS LEGIBLY AND INDELIBLY MARKED ON THE OUTSIDE :
A . IDENTIFICATION
PACKER * NAME AND ADDRESS OR CODE MARK .
DISPATCHER *
B . NATURE OF PRODUCE
- " APRICOTS " ( WHEN THE CONTENTS OF THE PACKAGE ARE NOT VISIBLE FROM THE OUTSIDE )
- NAME OF THE VARIETY FOR THE " EXTRA " CLASS AND CLASS I .
C . ORIGIN OF PRODUCE
DISTRICT OF ORIGIN , OR NATIONAL , REGIONAL OR LOCAL TRADE NAME .
D . COMMERCIAL SPECIFICATIONS
- CLASS
- SIZE AND/OR NUMBER OF UNITS ( EXCEPT FOR PRODUCE PACKED IN BULK ) .
E . OFFICIAL CONTROL MARK ( OPTIONAL ) .
ANNEX II/8
COMMON QUALITY STANDARDS FOR PLUMS
I . DEFINITION OF PRODUCE
THIS STANDARD APPLIES TO PLUMS OF VARIETIES GROWN FROM THE FOLLOWING :
- PRUNUS DOMESTICA L .
- PRUNUS INSTITIA L .
- PRUNUS SALICINA LINDLEY ( PRUNUS TRIFLORA ROXBURGH )
TO BE SUPPLIED FRESH TO THE CONSUMER , PLUMS FOR PROCESSING BEING EXCLUDED .
II . QUALITY REQUIREMENTS
A . GENERAL
THE PURPOSE OF THE STANDARD IS TO DEFINE THE QUALITY REQUIREMENTS FOR DESSERT AND CULINARY PLUMS AT THE DISPATCHING STAGE , AFTER PREPARATION AND PACKAGING .
B . MINIMUM REQUIREMENTS
( I ) THE FRUIT MUST BE :
- INTACT
- SOUND ( SUBJECT TO THE SPECIAL PROVISIONS FOR EACH CLASS )
- CLEAN , IN PARTICULAR FREE FROM ALL TRACES OF CHEMICALS
- FREE FROM ABNORMAL EXTERNAL MOISTURE
- FREE FROM FOREIGN SMELL OR TASTE .
( II ) THE FRUIT MUST BE SUFFICIENTLY DEVELOPED . THE STATE OF RIPENESS MUST BE SUCH AS TO ALLOW THE FRUIT TO WITHSTAND TRANSPORT AND HANDLING , TO REMAIN IN GOOD CONDITION UNTIL IT REACHES ITS PLACE OF DESTINATION AND TO MEET MARKET REQUIREMENTS THERE .
C . CLASSIFICATION
( I ) " EXTRA " CLASS
FRUIT IN THIS CLASS MUST BE OF SUPERLATIVE QUALITY . IN SHAPE , DEVELOPMENT AND COLOURING IT MUST BE TYPICAL OF THE VARIETY . IT MUST BE :
- FREE FROM ALL DEFECTS
- PRACTICALLY COVERED BY BLOOM , ACCORDING TO VARIETY
- OF FIRM FLESH .
FRUIT IN THE " EXTRA " CLASS MUST HAVE BEEN CAREFULLY HAND-PICKED .
( II ) CLASS I
FRUIT IN THIS CLASS MUST BE OF GOOD QUALITY . IT MUST HAVE THE CHARACTERISTICS TYPICAL OF THE PARTICULAR VARIETY .
HOWEVER , THE FOLLOWING ARE ALLOWED :
- A SLIGHT DEFECT IN SHAPE
- A SLIGHT DEFECT IN DEVELOPMENT
- A SLIGHT DEFECT IN COLOURING .
SKIN DEFECTS NOT LIABLE TO IMPAIR THE GENERAL APPEARANCE OR KEEPING QUALITIES MAY BE ALLOWED FOR EACH FRUIT , SUBJECT TO THE FOLLOWING PROVISION :
- DEFECTS OF ELONGATED SHAPE MUST NOT EXCEED IN LENGTH ONE-THIRD OF THE MAXIMUM DIAMETER OF THE FRUIT . IN PARTICULAR , HEALED CRACKS MAY BE ALLOWED FOR " GOLDEN GAGE " ( 1 ) VARIETIES .
THE STALK MAY BE DAMAGED OR MISSING , PROVIDED THAT THERE IS NO RISK OF THE FRUIT ROTTING IN CONSEQUENCE .
FRUIT IN CLASS I MUST HAVE BEEN CAREFULLY HAND-PICKED .
( III ) CLASS II
THIS CLASS COMPRISES FRUIT OF MARKETABLE QUALITY WHICH DOES NOT QUALIFY FOR INCLUSION IN THE HIGHER CLASSES BUT SATISFIES THE MINIMUM REQUIREMENTS SPECIFIED ABOVE .
SKIN DEFECTS NOT LIABLE TO IMPAIR THE EXTERNAL APPEARANCE OF THE FRUIT OR ITS KEEPING QUALITIES ARE ALLOWED PROVIDED THAT THEY DO NOT EXCEED ONE-QUARTER OF THE WHOLE SURFACE .
III . SIZING
THE FRUIT MUST BE GRADED STARTING FROM A MINIMUM SIZE FIXED BY EACH COUNTRY ACCORDING TO CLASS AND VARIETY .
IV . TOLERANCES
TOLERANCES IN RESPECT OF QUALITY AND SIZE SHALL BE ALLOWED FOR SUBSTANDARD FRUIT IN EACH PACKAGE .
A . QUALITY TOLERANCES
( I ) " EXTRA " CLASS
5 % BY NUMBER OR WEIGHT OF FRUIT NOT SATISFYING THE REQUIREMENTS FOR THE CLASS BUT SATISFYING THE REQUIREMENTS FOR THE CLASS IMMEDIATELY BELOW ( CLASS I ) .
( II ) CLASS I
10 % BY NUMBER OR WEIGHT OF FRUIT NOT SATISFYING THE REQUIREMENTS FOR THE CLASS BUT SATISFYING THE REQUIREMENTS FOR THE CLASS BELOW ( CLASS II ) .
( III ) CLASS II
10 % BY NUMBER OR WEIGHT OF FRUIT NOT SATISFYING THE REQUIREMENTS FOR THE CLASS BUT FIT FOR CONSUMPTION .
B . SIZE TOLERANCES
FOR ALL CLASSES : 10 % BY NUMBER OR WEIGHT OF FRUIT CONFORMING TO THE SIZE IMMEDIATELY ABOVE OR BELOW THAT STATED ON THE PACKAGE .
C . CUMULATIVE TOLERANCES
IN NO CASE MAY TOLERANCES OF QUALITY AND WEIGHT TAKEN TOGETHER EXCEED :
- 10 % FOR THE " EXTRA " CLASS
- 15 % FOR CLASSES I AND II .
V . PACKAGING AND PRESENTATION
A . UNIFORMITY
THE CONTENTS OF EACH PACKAGE MUST BE UNIFORM ; EACH PACKAGE MUST CONTAIN ONLY FRUIT OF THE SAME VARIETY , QUALITY AND SIZE AND , FOR THE " EXTRA " CLASS , THE CONTENTS MUST ALSO BE UNIFORM IN COLOUR .
B . PACKAGING
THE FRUIT MUST BE PACKED IN SUCH A WAY AS TO ENSURE THAT IT IS SUITABLY PROTECTED . ANY PAPER OR OTHER MATERIAL USED MUST BE NEW AND HARMLESS TO HUMAN FOOD . WHEN PRINTED MATTER IS USED , THE PRINTING MUST BE ON THE OUTSIDE ONLY SO AS NOT TO COME INTO CONTACT WITH THE FRUIT . THE FRUIT WHEN PACKAGED MUST BE FREE FROM ANY FOREIGN BODIES .
THE FRUIT MAY BE PUT UP IN ONE OF THE FOLLOWING WAYS :
1 . IN SMALL UNIT PACKAGES FOR DIRECT SALE TO THE CONSUMER
2 . ARRANGED IN ONE OR MORE LAYERS SEPARATED FROM EACH OTHER
3 . IN BULK , EXCEPT FOR THE " EXTRA " CLASS .
VI . MARKING
EACH PACKAGE MUST BEAR THE FOLLOWING PARTICULARS LEGIBLY AND INDELIBLY MARKED ON THE OUTSIDE :
A . IDENTIFICATION
PACKER * NAME AND ADDRESS OR CODE MARK .
DISPATCHER *
B . NATURE OF PRODUCE
- " PLUMS " ( WHEN THE CONTENTS OF THE PACKAGE ARE NOT VISIBLE FROM THE OUTSIDE )
- NAME OF THE VARIETY FOR THE " EXTRA " CLASS AND CLASS I .
C . ORIGIN OF PRODUCE
DISTRICT OF ORIGIN OR NATIONAL , REGIONAL OR LOCAL TRADE NAME .
D . COMMERCIAL SPECIFICATIONS
- CLASS
- SIZE AND/OR NUMBER OF UNITS ( EXCEPT FOR PRODUCE PACKED IN BULK ) .
E . OFFICIAL CONTROL MARK ( OPTIONAL ) .
( 1 ) DEFINITION : GAGES ( GREEN APRICOTS , DAUPHINES , GREENGAGES ) HAVING A GREEN SKIN WITH A YELLOWISH SHEEN . |
EAEC Council: Directive amending Annexes 1 and 3 to the Directives laying down the basic standards for health protection
Official Journal 057 , 09/07/1962 P. 1633 - 1649
Finnish special edition: Chapter 5 Volume 1 P. 0007
Swedish special edition: Chapter 5 Volume 1 P. 0007
Danish special edition: Series I Chapter 1959-1962 P. 0202
English special edition: Series I Chapter 1959-1962 P. 0229
DIRECTIVE amending Annexes 1 and 3 to the Directives laying down the basic standards for health protection
THE COUNCIL OF THE EUROPEAN ATOMIC ENERGY COMMUNITY,
Having regard to the provisions of the Treaty establishing the European Atomic Energy Community, and in particular Articles 31 and 32 thereof;
Having regard to the Directives laying down the basic standards for the protection of the health of workers and the general public against the dangers arising from ionising radiations, issued on 2 February 1959 (Official Journal of the European Communities, No 11, 20 February 1959);
Having regard to the opinion of the specialist group appointed by the Scientific and Technical Committee from among scientific experts in the Member States;
Having regard to the proposal from the Commission;
Having regard to the Opinion of the Economic and Social Committee;
After consulting the European Parliament;
Whereas the Directives laying down the basic standards, and in particular the Annexes thereto, must be adjusted in accordance with the most recent scientific data;
Whereas Annex 1 to the basic standards must be supplemented so as to take account of such data;
Whereas Annex 3 was drawn up in a provisional form and its amendment in the light of the further conclusions of the International Commission on Radiological Protection had been provided for;
HAS ADOPTED THIS DIRECTIVE:
Article 1
The Directives of 2 February 1959 laying down the basic standards for the protection of the health of workers and the general public against the dangers arising from ionising radiations shall be amended as follows:
Annex 1 and Annex 3 shall be replaced by the Annex 1 and the Annex 3 attached to this Directive.
Article 2
This Directive is addressed to all Member States.
Done at Brussels, 5 March 1962.
For the Council
The President
M. COUVE de MURVILLE
ANNEX 1 Activity below which the requirements for reporting and obtaining prior authorisation may be waived
§ 1. The activities represented by hatching are those in respect of which the requirements for reporting and obtaining prior authorisation may be waived
§ 2. The principle radioactive nuclides may be classified according to their relative radiotoxicity as follows: (a) Very high radiotoxicity:
Sr90 + Y90, Po210, At211, Ra226, Ac227, Ra228, Th228, Th230, Th232, Np237, Pu238, Pu239, Pu240, Am241, Pu242, Cm242, Am243, Cm243, Cm244, Cm245, Cm246, Cf249, Cf250, Cf252.
(b) High radiotoxicity:
Ca45, Ca47, Fe59, Sr89, Y91, Ru106, + Rh106, I126, I129, I131, Ba140 + La140, Ce144 + Pr144, Sm151, Eu152 (13 ans), Eu154, Eu155, Tm170, Hg203, Bi206, Bi207, Pb210 + daughter products, Bi210, Bi212, Pb212, Ra223, Ra224, Th227, Ac228, Pa230, U230, U233, Th234 + Pa234, U235 (U234)*, U236, U238, Pu241, Bk249.
(c) Moderate radiotoxicity:
Na22, Na24, P32, S35, Cl36, A41, K42, Sc46, Sc47, Sc48, V48, Mn52, Mn54, Fe55, Mn56, Co57, Co58, Co58m, Co60, Ni59, Ni63, Cu64, Ni65, Zn65, Zn69, Zn69m, Ga72, As73, As74, Sc75, As76, As77, Br82, Kr85m, Rb86, Kr87, Y90, Sr91 + Y91, Sr92 + Y92, Y92, Y93, Zr93, Nb93m, Zr95 + Nb95, Nb95, Tc96, Tc97, Tc97m, Ru97, Mo99, Tc99, Ru103, Pd103 + Rh103, Ru105, Rh105, Ag105, Cd109 + Ag109, Pd109 + Ag109m, Ag110m, Ag111, Sn113, In114m, Cd115m, Cd115, Sb122, Sb124, Sb125, Sn125, Te125m, Te127m, Te127, Te129m, Te129, Ba131, Te131m, I132, Xe133, I133, Cs134, I134, Cs135, I135, Xe135, Cs136, Cs137 + Ba137m, La140, Ce141, Pr142, Ce143, Pr143, Nd147, Pm147, Pm149, Eu152 (9 h), Sm153, Gd153, Tb160, Ho166, Dy166, Er169, Tm171, Yb175, Lu177, Hf181, W181, Ta182, Re183, W185, Os185, Re186, Re188, Ir190, Os191, Pt191, Ir192, Os193, Pt193m, Pt193, Ir194, Au196, Pt197, Hg197m, Hg197, Au198, Au199, Tl200, Tl202, Pb203, Tl204, Rn220, Th231, Pa233, Np239.
(d) Slight radiotoxicity:
H3, Be7, C14,, Si31, A37, Cl38, Cr51, Ge71, Kr85, Tc96m, Zr97 + Nb97, Nb97, Tc99m, Rh103, In113m, In115m, Cs131, Cs134m, Nd149, Gd159, Dy165, Er171, Os191m, Pt197m, Tl201. * Hazard depending on U234 content. m = metastable.
§ 3. In the case of natural uranium and natural thorium, the limits are set at 1 . 10-4 and 1 . 10-6 curies respectively.
By custom one curie of natural uranium corresponds to:
3 77 . 1010 dis/sec of U238,
3 77 . 1010 dis/sec of U234 and
1 77 . 109 dis/sec of U235.
By custom one curie of natural thorium corresponds to:
3 77 . 1010 dis/sec of Th232 and
3 77 . 1010 dis/sec of Th228.
§ 4. In the case of the radioactive nuclides Nd144, Sm147, Rb87, In115, Re187, the requirements for reporting and obtaining prior authorisation may be waived, irrespective of the quantities used.
§ 5. In the case of a mixture of radioactive nuclides of differing radiotoxicity, the radiotoxicity of the mixture is determined as follows : the ratio is calculated for each component radionuclide in the mixture, between the quantity present expressed in curies and the limit laid down in the Radiotoxicity Table in §§ 1 and 2 for the nuclide concerned. The sum of these ratios for all the nuclides in the mixture may not exceed 1.
§ 6. Radionuclides not shown in the radiotoxicity groups in § 2 and the radiotoxicity of which is uncertain or unknown must be considered to belong to the highest radiotoxicity category.
ANNEX 3a A. Maximum permissible concentration (MPC) of identified radionuclides in drinking water and in air inhaled for continuous exposure of occupationally exposed persons
(Table based on values recommended by the International Commission on Radiological Protection (ICRP) in 1959)
B. Maximum permissible concentrations of identified radionuclides in DRINKING WATER and in AIR INHALED for continuous exposure of occupationally exposed persons, not shown in Table A in Annex 3
C. Maximum permissible concentration for a known mixture of identified radionuclides in DRINKING WATER and in AIR INHALED for continuous exposure of occupationally exposed persons
D. Maximum permissible concentration of a mixture of unidentified radionuclides in drinking water for continuous exposure of occupationally exposed persons
E. Maximum permissible concentration of a mixture of unidentified radionuclides in inhaled air for continuous exposure of occupationally exposed persons |
EEC: First Council Directive on the establishment of certain common rules for international transport (carrying of goods by road for hire or reward)
Official Journal 070 , 06/08/1962 P. 2005 - 2006
Finnish special edition: Chapter 7 Volume 1 P. 0030
Danish special edition: Series I Chapter 1959-1962 P. 0237
Swedish special edition: Chapter 7 Volume 1 P. 0030
English special edition: Series I Chapter 1959-1962 P. 0267
Greek special edition: Chapter 07 Volume 1 P. 0028
Spanish special edition: Chapter 07 Volume 1 P. 0055
Portuguese special edition Chapter 07 Volume 1 P. 0055
FIRST COUNCIL DIRECTIVE on the establishment of certain common rules for international transport (carriage of goods by road for hire or reward)
THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 75 (1) thereof;
Having regard to the proposal from the Commission;
Having regard to the Opinion of the Economic and Social Committee;
Having regard to the Opinion of the European Parliament;
Whereas the adoption of a common transport policy involves inter alia laying down common rules for the international carriage of goods by road to or from the territory of a Member State or passing across the territory of one or more Member States;
Whereas the progressive establishment of the common market must not be impeded by obstacles in the transport sector ; whereas it is necessary to ensure a progressive expansion of the international carriage of goods by road, bearing in mind developments in trade and movement of goods within the Community;
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. Each Member State shall, by the end of 1962 at the latest and in the manner laid down in paragraphs 2 and 3 of this Article, liberalise the types of international carriage of goods by road for hire or reward involving other Member States listed in Annexes I and II to this Directive, where such carriage is performed to or from the territory of that Member State or passing in transit across the territory of that Member State.
2. The types of carriage listed in Annex I shall be exempted from any quota or authorisation system.
3. The types of carriage listed in Annex II shall no longer be subject to a quota system. They may, however, remain subject to authorisation provided no quantitative restriction is involved ; in such case Member States shall ensure that decisions on applications for authorisation are given within five days of receipt.
4. The two Annexes to this Directive shall form an integral part thereof.
Article 2
Member States shall inform the Commission of the measures taken to implement this Directive within three months of its entry into force and in any event before the end of 1962.
Article 3
This Directive shall not affect the conditions under which any Member State authorises its own nationals to engage in the activities mentioned in this Directive.
Article 4
This Directive is addressed to the Member States.
Done at Brussels, 23 July 1962.
For the Council
The President
E. COLOMBO
ANNEX 1 Types of carriage to be exempted from any transport quota or authorisation system
1. Frontier traffic in a zone extending on each side of the frontier to a depth of 25 kilometres as the crow flies, provided that the total distance involved does not exceed 50 kilometres as the crow flies.
2. Occasional carriage of goods to or from airports, in the event of air services being diverted.
3. Carriage of luggage in trailers coupled to passenger-carrying vehicles and the carriage of luggage in all types of vehicle to and from airports.
4. Carriage of mails.
5. Carriage of damaged vehicles.
6. Carriage of refuse and sewage.
7. Carriage of animal carcases for disposal.
8. Carriage of bees and fish fry.
9. Funeral transport.
ANNEX II Types of carriage to be exempted from any quota system but which may remain subject to authorisation in accordance with Article 1 (3) of this Directive
1. Carriage from a Member State into the frontier zone of an adjacent Member State, extending to a depth of 25 kilometres as the crow flies from their common frontier.
2. Carriage of goods in motor vehicles the laden weight of which, including that of trailers, does not exceed 6000 kilogrammes.
3. Carriage of objects and works of art for exhibition or for commercial purposes.
4. Occasional carriage of objects and material exclusively for publicity or information purposes.
5. Removals by undertakings having special staff and equipment for this purpose.
6. Carriage of material, properties and animals to or from theatrical, musical or film performances or sporting events, circuses, exhibitions or fairs, or to or from the making of radio or television broadcasts or films. |
ECSC High Authority: Décision No 2-62 of 8 March 1962 amending Décision No 33-56 of 21 November 1956 on the returns to be made by undertakings in the steel industry in respect of their substandard products and seconds
Official Journal 020 , 19/03/1962 P. 0376 - 0378
Danish special edition: Series I Chapter 1959-1962 P. 0088
English special edition: Series I Chapter 1959-1962 P. 0094
Greek special edition: Chapter 08 Volume 1 P. 0032
DECISION No 2-62 of 8 March 1962 amending Decision No 33-56 of 21 November 1956 on the returns to be made by undertakings in the steel industry in respect of their substandard products and seconds
THE HIGH AUTHORITY,
Having regard to Article 47 of the Treaty;
Having regard to Decision No 33-56 of 21 November 1956 on the returns to be made by undertakings in the steel industry in respect of their substandard products and seconds (Official Journal of the ECSC, 25 November 1965 ; p. 334/56);
Whereas undertakings in the steel industry were required by Decision No 33-56 to make returns to the High Authority of their sales per calendar month of substandard products and seconds, and to make these returns according to the questionnaire contained in Annex II to that Decision;
Whereas practical difficulties have arisen in the evaluation of the returns made according to that questionnaire and whereas it is therefore necessary to amend the Decision and the questionnaire;
Whereas it should be noted that returns are required in respect of all substandard products and seconds sold below the published prices for first-quality products;
DECIDES:
Article 1
Article 2 of Decision No 33-56 shall be amended to read as follows:
"The return shall contain the following particulars, shown separately for each of the classes of products listed in Annex I to this Decision: 1. aggregate tonnage of deliveries of substandard products and seconds (in the Community and in third countries);
2. percentage of that tonnage in relation to the total production of the corresponding first-quality products sold (in the Community and in third countries);
3. the tonnage under 1 broken down by Community countries and third countries."
Article 2
Article 7 of Decision No 33-56 shall be amended to read as follows:
"Substandard products and seconds within the meaning of this Decision are products of faulty workmanship, rejects and products of limited use as made, by reason of their dimensions or of defects including defects of quality, which are sold below the undertakings' published list prices for first quality products."
Article 3
The Annex to this Decision shall be substituted for Annex II to Decision No 33-56.
Article 4
This Decision shall be published in the Official Journal of the European Communities. It shall enter into force on 26 March 1962.
This Decision was considered and adopted by the High Authority at its meeting on 8 March 1962.
For the High Authority
The President
Piero MALVESTITI |
EEC: Regulation No 134 of the Commission on the declaration of wine harvests and stocks
Official Journal 111 , 06/11/1962 P. 2604
Danish special edition: Series I Chapter 1959-1962 P. 0245
English special edition: Series I Chapter 1959-1962 P. 0276
Greek special edition: Chapter 03 Volume 1 P. 0068
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REGULATION NO 134 OF THE COMMISSION ON THE DECLARATION OF WINE HARVESTS AND STOCKS
THE COMMISSION OF THE EUROPEAN ECONOMIC COMMUNITY ,
HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ;
HAVING REGARD TO COUNCIL REGULATION NO 24 ON THE PROGRESSIVE ESTABLISHMENT OF A COMMON ORGANISATION OF THE MARKET IN WINE , AND IN PARTICULAR ARTICLE 5 THEREOF ;
HAVING REGARD TO THE OPINION OF THE MANAGEMENT COMMITTEE FOR WINE ;
WHEREAS ARTICLE 2 OF COUNCIL REGULATION NO 24 REQUIRES PRODUCERS OF MUST AND WINE , AND MERCHANTS OTHER THAN RETAILERS , TO MAKE HARVEST AND STOCK DECLARATIONS ;
WHEREAS THE INFORMATION IN THESE DECLARATIONS SHOULD ENABLE THE COMMISSION TO DRAW UP AT THE BEGINNING OF EACH YEAR THE FORWARD ESTIMATE PROVIDED FOR IN ARTICLE 3 OF THAT REGULATION ;
WHEREAS THE DRAWING UP OF THIS ESTIMATE REQUIRES MEMBER STATES TO MAKE ESTIMATES OF THE HARVEST AND STOCKS EVEN BEFORE PRODUCERS AND MERCHANTS HAVE MADE THEIR DECLARATIONS ;
WHEREAS , WHILE IT IS NOT ESSENTIAL IN THE PRESENT STAGE OF DEVELOPMENT OF WINE POLICY FOR STOCKS TO BE DECLARED BEFORE THE WINE HARVEST , IT IS NEVERTHELESS DESIRABLE , IN ORDER TO ENCOURAGE SUCH DEVELOPMENT , TO DECIDE AT THE PRESENT TIME THE DATE ON WHICH SUCH DECLARATIONS SHOULD SUBSEQUENTLY BE MADE ;
WHEREAS , SINCE THE WINE HARVESTS IN THE MEMBER STATES TAKE PLACE AT DIFFERENT TIMES , IT IS ALSO DESIRABLE TO LAY DOWN A SUCCESSION OF DATES BY WHICH THE DECLARATIONS SHOULD BE COMPLETED ;
WHEREAS THE PERSONS REQUIRED TO MAKE HARVEST AND STOCK DECLARATIONS MUST BE DEFINED , AS MUST THE INFORMATION TO BE GIVEN IN SUCH DECLARATIONS ; WHEREAS IT IS MOREOVER ESSENTIAL TO DETERMINE THE DATES ON WHICH THE INFORMATION RECEIVED SHOULD BE CENTRALISED AT NATIONAL LEVEL AND TRANSMITTED TO THE COMMISSION , AS WELL AS THE FORM IN WHICH IT IS TO BE TRANSMITTED ;
HAS ADOPTED THIS REGULATION :
ARTICLE 1
1 . THE WINE-GROWING YEAR SHALL BEGIN ON 1 SEPTEMBER AND END ON 31 AUGUST .
2 . EACH YEAR MEMBER STATES SHALL ESTIMATE THE STOCKS OF MUST AND WINE HELD ON 31 AUGUST AS WELL AS THE HARVEST IN MUST AND WINE FORESEEABLE ON THAT DATE IN THEIR TERRITORY .
THEY SHALL COMMUNICATE THESE ESTIMATES IN HECTOLITRES TO THE COMMISSION BEFORE 20 SEPTEMBER INDICATING THE WHITE MUSTS AND WINES SEPARATELY FROM THE RED OR ROSE MUSTS AND WINES .
IN THE SAME WAY THE MEMBER STATES SHALL SEND THE CORRECTED HARVEST AND STOCK ESTIMATES TO THE COMMISSION BEFORE 15 OCTOBER AND 10 NOVEMBER .
ARTICLE 2
1 . EACH YEAR PRODUCERS SHALL DECLARE TO THE AUTHORITIES APPOINTED BY THE MEMBER STATES THE FOLLOWING QUANTITIES :
( A ) OF WINE THEY HAVE OBTAINED FROM FRESH GRAPES SINCE THE BEGINNING OF THE YEAR ;
( B ) OF MUST THEY HAVE OBTAINED FROM FRESH GRAPES WHICH HAS NOT BEEN TURNED INTO WINE BY THE DATE OF THE DECLARATION ;
( C ) OF FRESH GRAPES HELD ON THEIR PREMISES ON THE DATE OF THE DECLARATION AND INTENDED FOR THE PRODUCTION OF WINE .
2 . EACH YEAR NATURAL OR LEGAL PERSONS , OTHER THAN PRIVATE CONSUMERS AND RETAILERS , SHALL DECLARE TO THE AUTHORITIES APPOINTED BY MEMBER STATES THE QUANTITIES OF GRAPES INTENDED FOR THE PRODUCTION OF WINE AND THE QUANTITIES OF MUST AND WINE HELD BY THEM ON THE DATES LAID DOWN IN ARTICLE 6 .
ARTICLE 3
FOR THE PURPOSES OF THIS REGULATION , " PRODUCER " MEANS ANY NATURAL OR LEGAL PERSON WHO HAS OR HAS HAD GRAPES , MUST OR WINE IN HIS POSSESSION WHICH HE OBTAINED EITHER :
( A ) BY CULTIVATING , EITHER PERSONALLY OR THROUGH THE AGENCY OF ANOTHER , VINES OF WHICH ALL OR PART OF THE YIELD IS PROCESSED INTO MUST OR WINE ; OR
( B ) BY PROCESSING FRESH GRAPES , OR HAVING THEM PROCESSED ON HIS BEHALF , INTO MUST OR WINE .
HOWEVER NO PERSON WHOSE HOLDING COVERS LESS THAN 10 ARES UNDER VINES AND NO PART OF WHOSE PRODUCTION OF MUST , WINE OR GRAPES INTENDED FOR WINE PRODUCTION HAS BEEN OR WILL BE SOLD DIRECTLY OR INDIRECTLY DURING THE YEAR SHALL BE CONSIDERED AS A PRODUCER FOR THE PURPOSES OF THIS REGULATION .
ARTICLE 4
FOR THE PURPOSES OF THIS REGULATION , " RETAILER " MEANS ANY PERSON WHOSE BUSINESS INCLUDES THE SALE OF WINE IN SMALL QUANTITIES DIRECT TO THE CONSUMER , WITH THE EXCEPTION OF THOSE WHO USE CELLARS EQUIPPED FOR STORING AND TREATING WINES IN LARGE QUANTITIES .
ARTICLE 5
1 . THE DECLARATIONS PROVIDED FOR IN ARTICLE 2 SHALL INCLUDE THE NAME AND ADDRESS OF THE DECLARANT AND THE PLACE WHERE THE PRODUCT DECLARED IS HELD . QUANTITIES OF MUST AND WINE SHALL BE EXPRESSED IN HECTOLITRES : QUANTITIES OF GRAPES SHALL BE EXPRESSED IN UNITS OF 100 KILOGRAMMES . THE DECLARATIONS SHALL INDICATE WHITE MUSTS AND WINES SEPARATELY FROM RED OR ROSE .
2 . IN THE DECLARATIONS PROVIDED FOR IN ARTICLE 2 ( 2 ) , THE PRODUCTS OF MEMBER STATES SHALL BE INDICATED SEPARATELY FROM THOSE OF THIRD COUNTRIES AND ASSOCIATED COUNTRIES . THE DECLARATIONS SHALL COVER ALL QUANTITIES HELD IRRESPECTIVE OF METHOD OF STORING . IN THESE DECLARATIONS SPARKLING WINES SHALL BE SHOWN SEPARATELY .
ARTICLE 6
1 . THE DECLARATIONS PROVIDED FOR IN ARTICLE 2 SHALL BE MADE ON 31 DECEMBER UNTIL IT IS DECIDED PURSUANT TO ARTICLE 2 ( 2 ) OF COUNCIL REGULATION NO 24 ON THE PROGRESSIVE ESTABLISHMENT OF A COMMON ORGANISATION OF THE MARKET IN WINE , AND IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 7 OF THAT REGULATION , THAT STOCK DECLARATIONS MUST BE MADE BEFORE THE HARVEST .
2 . AS SOON AS THAT DECISION ENTERS INTO FORCE :
( A ) THE DECLARATIONS LAID DOWN IN ARTICLE 2 ( 1 ) SHALL BE MADE :
- BEFORE 15 DECEMBER BY GERMANY ,
- BEFORE 30 NOVEMBER BY FRANCE ,
- BEFORE 30 NOVEMBER BY ITALY ,
- BEFORE 30 NOVEMBER BY LUXEMBOURG ;
( B ) THE DECLARATIONS LAID DOWN IN ARTICLE 2 ( 2 ) SHALL BE MADE BEFORE 7 SEPTEMBER IN RESPECT OF QUANTITIES HELD ON 31 AUGUST .
ARTICLE 7
1 . THE DECLARATIONS PROVIDED FOR IN ARTICLE 2 SHALL BE CENTRALISED AT NATIONAL LEVEL .
2 . A SUMMARY OF THE DECLARATIONS MADE IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 6 ( 1 ) SHALL BE COMMUNICATED TO THE COMMISSION NOT LATER THAN 28 FEBRUARY IN THE FORM INDICATED IN ARTICLE 5 .
IN THIS SUMMARY THE QUANTITIES HELD BY PRODUCERS SHALL BE INDICATED SEPARATELY FROM THOSE HELD BY THE NATURAL OR LEGAL PERSONS REFERRED TO IN ARTICLE 2 ( 2 ) . THE SUMMARY SHALL INCLUDE AN ESTIMATE OF THE AVAILABLE QUANTITIES WHICH ARE LIKELY TO BE CONSUMED BY PRODUCERS DURING THE WINE-GROWING YEAR .
WHERE DECLARATIONS HAVE BEEN MADE IN A MEMBER STATE BEFORE 31 DECEMBER IN ACCORDANCE WITH ARTICLE 10 , THE MEMBER STATE CONCERNED SHALL UPDATE THE COMMUNICATED INFORMATION TO 31 DECEMBER SO THAT IT CAN BE USED AT COMMUNITY LEVEL .
3 . THE SUMMARY OF THE DECLARATIONS WHICH ARE PROVIDED FOR IN ARTICLE 2 ( 1 ) AND ARE MADE IN ACCORDANCE WITH ARTICLE 6 ( 2 ) ( A ) SHALL BE COMMUNICATED TO THE COMMISSION , IN THE FORM INDICATED IN ARTICLE 5 :
- BEFORE 31 DECEMBER BY FRANCE AND LUXEMBOURG ,
- BEFORE 31 JANUARY BY ITALY ,
- BEFORE 15 FEBRUARY BY GERMANY .
4 . THE SUMMARY OF THE DECLARATIONS WHICH ARE PROVIDED FOR IN ARTICLE 2 ( 2 ) AND MADE IN ACCORDANCE WITH ARTICLE 6 ( 2 ) ( B ) SHALL BE COMMUNICATED TO THE COMMISSION BEFORE 10 OCTOBER IN THE FORM INDICATED IN ARTICLE 5 .
IN THE SUMMARY THE QUANTITIES HELD BY PRODUCERS SHALL BE INDICATED SEPARATELY FROM THOSE HELD BY THE NATURAL OR LEGAL PERSONS REFERRED TO IN ARTICLE 2 ( 2 ) .
ARTICLE 8
MEMBER STATES SHALL MAKE THE NECESSARY PROVISIONS TO ENABLE DECLARATIONS TO BE SUBMITTED AND CENTRALISED AT NATIONAL LEVEL .
THEY SHALL LIKEWISE ADOPT ANY CONTROL MEASURES NEEDED TO ENSURE THE ACCURACY OF THESE DECLARATIONS .
THEY SHALL NOTIFY THE COMMISSION OF SUCH PROVISIONS AND MEASURES .
ARTICLE 9
MEMBER STATES SHALL NOTIFY THE COMMISSION OF ANY IMPORTANT NEW FACTS WHICH ARE LIKELY TO ALTER SUBSTANTIALLY THE ASSESSMENT OF AVAILABLE QUANTITIES AND USES BASED ON THE FINAL INFORMATION FOR PAST YEARS .
ARTICLE 10
THIS REGULATION SHALL NOT AFFECT ANY PROVISIONS OF MEMBER STATES ON HARVEST AND STOCK DECLARATIONS WHICH PROVIDE FOR THE SUPPLY OF FULLER INFORMATION , POSSIBLY AT DATES EARLIER THAN THOSE LAID DOWN IN ARTICLE 6 , IN PARTICULAR BY COVERING A WIDER RANGE OF PERSONS THAN THOSE REFERRED TO IN ARTICLES 2 , 3 AND 4 .
ARTICLE 11
THIS REGULATION SHALL ENTER INTO FORCE ON THE DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .
THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .
BRUSSELS , 25 OCTOBER 1962 .
FOR THE COMMISSION
THE PRESIDENT
W . HALLSTEIN |
EAEC Council: Directive on freedom to take skilled employment in the field of nuclear energy
Official Journal 057 , 09/07/1962 P. 1650 - 1652
Finnish special edition: Chapter 5 Volume 1 P. 0024
Swedish special edition: Chapter 5 Volume 1 P. 0024
Danish special edition: Series I Chapter 1959-1962 P. 0217
English special edition: Series I Chapter 1959-1962 P. 0245
DIRECTIVE on freedom to take skilled employment in the field of nuclear energy
THE COUNCIL OF THE EUROPEAN ATOMIC ENERGY COMMUNITY,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 96 thereof;
Having regard to the proposal from the Commission;
Having regard to the Opinion of the Economic and Social Committee;
After consulting the European Parliament;
Whereas the ensuring of freedom to take skilled employment in the field of nuclear energy is an essential condition for the attainment of the objectives of the European Atomic Energy Community;
Whereas pursuit of such employment requires knowledge specifically related to nuclear energy ; whereas the special training for such employment is still in the organisational phase ; whereas knowledge which is specifically nuclear is often acquired only through practical work;
Whereas the rules applicable to the right to take skilled employment in the field of nuclear energy should be brought into line with those governing freedom of movement for workers within the European Economic Community;
Whereas the measures taken in pursuance of Articles 48 and 49 of the Treaty establishing the European Economic Community provide for the automatic granting of the necessary authorisations to workers who are personally named in offers of certain categories of employment;
HAS ADOPTED THIS DIRECTIVE:
Article 1
Member States shall, in accordance with this Directive, take the measures necessary to abolish all restrictions based on nationality affecting the right of nationals of any Member State to take skilled employment in the field of nuclear energy.
Article 2
For the purposes of this Directive, "skilled employment" means employment in the field of nuclear energy which requires specifically nuclear knowledge the acquisition of which calls for special training or at least five months' practical work and which relates to: (a) nuclear energy research in the fields listed in Annex I to the Treaty;
(b) supervision, maintenance, repair or technical operation of installations and equipment for: - production, separation or any use of ores, source materials or special fissile materials or for the reprocessing of irradiated nuclear fuels;
- isotope separation;
- production of the special materials needed in the nuclear field, such as moderators and structural, cladding and shielding materials specially devised for nuclear purposes;
- production of nuclear energy;
- disposal of nuclear waste and radioactive impurities;
- transport or storage of radioactive materials;
- production, preparation or use of radioactive isotopes;
(c) planning, designing or construction of installations or equipment or constituent parts of the installations or equipment used in the fields listed in subparagraphs (a) and (b);
(d) protection against radiation.
Article 3
The employments listed in the Annex to this Directive shall in every case be recognised as coming within the definition of skilled employment given in Article 2.
Article 4
Member States shall adopt all necessary measures for the automatic granting of authorisations required for the pursuit of any employment referred to in Articles 2 and 3. Conditions for granting such authorisations shall in no instance be less liberal than the conditions in respect of offers to named persons as laid down by the measures taken in pursuance of Articles 48 and 49 of the Treaty establishing the European Economic Community.
Article 5
With regard to any matter not covered by this Directive, Member States shall apply the measures taken in pursuance of the Treaty establishing the European Economic Community which relate to freedom of movement for workers.
This Directive shall not adversely affect the measures taken in implementation of the Treaty establishing the European Coal and Steel Community which relate to workers who have recognised qualifications in a coal-mining or steel-making occupation.
Article 6
This Directive is addressed to the Member States.
Done at Brussels, 5 March 1962.
For the Council
The President
M. COUVE de MURVILLE
ANNEX
First list of types of skilled employment within the meaning of Article 2 of this Directive
Employment requiring knowledge equivalent to that of a nuclear engineer or nuclear technician
Employment requiring knowledge in one of the following fields: - Working conditions peculiar to the nuclear field and designing of nuclear equipment (nuclear engineer and nuclear technician).
- Special mechanical problems in the nuclear field and designing of auxiliary equipment (mechanical engineer and technician).
- Action of radiation on matter, and nuclear properties of the various substances used as fuels, moderators and structural materials for nuclear equipment ; preparation of nuclear substances, reprocessing of irradiated fuels, disposal of radioactive waste or decontamination (chemical engineer and technician).
- Properties of ceramics used in the field of nuclear energy (uranium and thorium oxides, uranium carbide, etc.) (ceramics engineer and technician).
- Properties of structural materials for nuclear reactors, cladding materials for fuels and for metallic fuels ; behaviour of such materials during irradiation and in the presence of the substances used in reactors or in reprocessing facilities (metallurgical engineer and technician).
- Control of nuclear reactors, measurement of radioactivity (electronics engineer and technician).
- Neutron physics of nuclear reactors and essential requirements arising therefrom (thermodynamics engineer and technician).
- Special features and operational supervision of a reactor, and measures necessary in the event of a major breakdown (operating engineer and technician).
- Assessment and checking of the technical safety of the reactor and of the experimental nuclear plant (safety engineer and technician).
Prospector
Employment involving detection with the aid of special instruments (Geiger-Muller counters, etc.) of traces of radioactivity, however slight, in locations indicated by geologists ; interpretation of the information obtained in order to guide later research.
Test driller in uranium mines
Employment requiring skill in directing operations relating to test borings in order to determine the nature of the land and to detect the presence of radioactive materials, and interpretation of the information obtained in order to direct later operations.
Mine superintendent in uranium mines
Employment involving the direction, supervision and/or control of one or more or of all underground sections or activities of a uranium mine, or the carrying out of technical research or complicated measurements and supervision of compliance with safety measures necessitated by the special nature of such mines.
Laboratory technician
Employment involving the study of radioactive ores and the carrying out, in co-operation with analysts, of chemical and physical analyses of samples in order to determine the intensity of radiation of the samples, their chemical composition and other characteristics.
Operative (preparation of fuel elements)
Employment involving the carrying out of operations involved in the fabrication, by forging, of fuel elements, their inspection and testing ; the preparation and acceptance of metallic clads for fuels.
Reactor superintendent
Employment involving the operation of a reactor and requiring knowledge of fundamentals of electronics and reactor dynamics and also ability to interpret diagrams and to locate and repair minor breakdowns.
Reactor operations supervisor
Employment involving the operation of a reactor and requiring good general knowledge plus a thorough knowledge of all the distinctive features of the reactor ; ability to give orders and to take decisions.
Operative in charge of loading, unloading and cooling of nuclear fuels
Employment requiring ability to handle, in accordance with instructions, devices for loading, unloading and cooling nuclear fuels.
Laboratory technician (hot laboratory)
Employment requiring ability to interpret diagrams and to carry out the necessary assembly and adjustment, to undertake a test single-handed in accordance with detailed instructions and to express the results in quantitative terms ; knowledge of the dangers arising from radiation and ability to use remote-control apparatus.
Engineering draughtsman (specialising in the nuclear field)
Employment requiring ability to prepare a simple design from written data and to illustrate it with rapidly executed drawings or sketches, giving visual representation of the subject of the design as defined, and to apply the radiation protection regulations in force.
Operative (particle accelerator)
Employment involving the operation and handling of high-voltage apparatus for electrostatic accelerators ; the construction, use and handling of ion sources ; the handling and the operation of apparatus to detect and measure radioactivity, etc.
Radiation protection officer
Employment involving supervision of the safety of staff operating reactors or of staff in uranium mines or other nuclear installations, and requiring sound knowledge of the dangers arising from radiation and of protection against radiation.
Decontamination officer
Employment requiring ability to carry out, in the event of contamination, the necessary measures and certain special decontamination operations and, if necessary, to take practical measures. |
EEC Council: Regulation No 26 applying certain rules of competition to production of and trade in agricultural products
Official Journal 030 , 20/04/1962 P. 0993 - 0994
Finnish special edition: Chapter 4 Volume 1 P. 0003
Swedish special edition: Chapter 4 Volume 1 P. 0003
Danish special edition: Series I Chapter 1959-1962 P. 0120
English special edition: Series I Chapter 1959-1962 P. 0129
Greek special edition: Chapter 03 Volume 1 P. 0035
Spanish special edition: Chapter 08 Volume 1 P. 0029
Portuguese special edition Chapter 08 Volume 1 P. 0029
REGULATION No 26 applying certain rules of competition to production of and trade in agricultural products
THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY,
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 42 and 43 thereof;
Having regard to the proposal from the Commission;
Having regard to the Opinion of the European Parliament;
Whereas by virtue of Article 42 of the Treaty one of the matters to be decided under the common agricultural policy is whether the rules on competition laid down in the Treaty are to apply to production of and trade in agricultural products, and accordingly the provisions hereinafter contained will have to be supplemented in the light of developments in that policy;
Whereas the proposals submitted by the Commission for the formulation and implementation of the common agricultural policy show that certain rules on competition must forthwith be made applicable to production of and trade in agricultural products in order to eliminate practices contrary to the principles of the common market and prejudicial to attainment of the objectives set out in Article 39 of the Treaty and in order to provide a basis for the future establishment of a system of competition adapted to the development of the common agricultural policy;
Whereas the rules on competition relating to the agreements, decisions and practices referred to in Article 85 of the Treaty and to the abuse of dominant positions must be applied to production of and trade in agricultural products, in so far as their application does not impede the functioning of national organisations of agricultural markets or jeopardise attainment of the objectives of the common agricultural policy;
Whereas special attention is warranted in the case of farmers' organisations which are particularly concerned with the joint production or marketing of agricultural products or the use of joint facilities, unless such joint action excludes competition or jeopardises attainment of the objectives of Article 39 of the Treaty;
Whereas, in order both to avoid compromising the development of a common agricultural policy and to ensure certainty in the law and non-discriminatory treatment of the undertakings concerned, the Commission must have sole power, subject to review by the Court of Justice, to determine whether the conditions provided for in the two preceding recitals are fulfilled as regards the agreements, decisions and practices referred to in Article 85 of the Treaty;
Whereas, in order to enable the specific provisions of the Treaty regarding agriculture, and in particular those of Article 39 thereof, to be taken into consideration, the Commission must, in questions of dumping, assess all the causes of the practices complained of and in particular the price level at which products from other sources are imported into the market in question ; whereas it must, in the light of its assessment, make recommendations and authorise protective measures as provided in Article 91 (1) of the Treaty;
Whereas, in order to implement, as part of the development of the common agricultural policy, the rules on aids for production of or trade in agricultural products, the Commission should be in a position to draw up a list of existing, new or proposed aids, to make appropriate observations to the Member States and to propose suitable measures to them;
HAS ADOPTED THIS REGULATION:
Article 1
From the entry into force of this Regulation, Articles 85 to 90 of the Treaty and provisions made in implementation thereof shall, subject to Article 2 below, apply to all agreements, decisions and practices referred to in Articles 85 (1) and 86 of the Treaty which relate to production of or trade in the products listed in Annex II to the Treaty;
Article 2
1. Article 85 (1) of the Treaty shall not apply to such of the agreements, decisions and practices referred to in the preceding Article as form an integral part of a national market organisation or are necessary for attainment of the objectives set out in Article 39 of the Treaty. In particular, it shall not apply to agreements, decisions and practices of farmers, farmers' associations, or associations of such associations belonging to a single Member State which concern the production or sale of agricultural products or the use of joint facilities for the storage, treatment or processing of agricultural products, and under which there is no obligation to charge identical prices, unless the Commission finds that competition is thereby excluded or that the objectives of Article 39 of the Treaty are jeopardised.
2. After consulting the Member States and hearing the undertakings or associations of undertakings concerned and any other natural or legal person that it considers appropriate, the Commission shall have sole power, subject to review by the Court of Justice, to determine, by decision which shall be published, which agreements, decisions and practices fulfil the conditions specified in paragraph 1.
3. The Commission shall undertake such determination either on its own initiative or at the request of a competent authority of a Member State or of an interested undertaking or association of undertakings.
4. The publication shall state the names of the parties and the main content of the decision ; it shall have regard to the legitimate interest of undertakings in the protection of their business secrets.
Article 3
1. Without prejudice to Article 46 of the Treaty, Article 91 (1) thereof shall apply to trade in the products listed in Annex II to the Treaty.
2. With due regard for the provisions of the Treaty relating to agriculture, and in particular those of Article 39, the Commission shall assess all the causes of the practices complained of, in particular the price level at which products from other sources are imported into the market in question.
In the light of its assessment, it shall make recommendations and authorise protective measures as provided in Article 91 (1) of the Treaty.
Article 4
The provisions of Article 93 (1) and of the first sentence of Article 93 (3) of the Treaty shall apply to aids granted for production of or trade in the products listed in Annex II to the Treaty.
Article 5
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities, with the exception of Articles 1 to 3, which shall enter into force on 1 July 1962.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 4 April 1962.
For the Council
The President
M. COUVE de MURVILLE |
EEC: Regulation No 129 of the Council on the value of the unit of account and the exchange rates to be applied for the purposes of the common agricultural policy
Official Journal 106 , 30/10/1962 P. 2553 - 2554
Danish special edition: Series I Chapter 1959-1962 P. 0243
English special edition: Series I Chapter 1959-1962 P. 0274
Greek special edition: Chapter 03 Volume 1 P. 0066
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REGULATION NO 129 OF THE COUNCIL ON THE VALUE OF THE UNIT OF ACCOUNT AND THE EXCHANGE RATES TO BE APPLIED FOR THE PURPOSES OF THE COMMON AGRICULTURAL POLICY
THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY ,
HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 43 THEREOF ;
HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ;
HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ;
HAVING REGARD TO THE OPINION OF THE MONETARY COMMITTEE ;
WHEREAS SUMS SHOULD BE EXPRESSED IN A STANDARD UNIT OF ACCOUNT IN A NUMBER OF INSTRUMENTS ON THE COMMON AGRICULTURAL POLICY ; WHEREAS THE UNIT OF ACCOUNT TO BE USED SHOULD BE THAT ALREADY APPLIED WITHIN THE COMMUNITY UNDER ARTICLE 18 OF THE FINANCIAL REGULATION ON THE ESTABLISHMENT AND IMPLEMENTATION OF THE BUDGET OF THE EUROPEAN COMMUNITIES AND ON THE RESPONSIBILITY OF AUTHORISING AND ACCOUNTING OFFICERS ;
WHEREAS IT IS NECESSARY TO FIX THE RATE OF EXCHANGE TO BE USED FOR MEASURES TAKEN IN PURSUANCE OF THE COMMON AGRICULTURAL POLICY WHICH REQUIRE SUMS GIVEN IN ONE CURRENCY TO BE EXPRESSED IN ANOTHER CURRENCY ; WHEREAS ALL MEMBER STATES AND A LARGE NUMBER OF THIRD COUNTRIES HAVE COMMUNICATED PAR VALUES FOR THEIR CURRENCIES TO THE INTERNATIONAL MONETARY FUND AND WHEREAS THE LATTER HAS RECOGNISED THESE PAR VALUES ; WHEREAS , UNDER THE RULES OF THE FUND , EXCHANGE RATES WHICH APPLY TO CURRENT TRANSACTIONS AND ARE RECORDED ON FOREIGN EXCHANGE MARKETS SUPERVISED BY THE MONETARY AUTHORITIES OF COUNTRIES THE PAR VALUES OF WHOSE CURRENCIES HAVE BEEN RECOGNISED BY THE FUND MAY DIFFER FROM PARITY ONLY WITHIN NARROW LIMITS ; WHEREAS , THEREFORE , THE USE OF THE EXCHANGE RATE CORRESPONDING TO PARITY NORMALLY MAKES IT POSSIBLE TO AVOID MONETARY DIFFICULTIES WHICH MIGHT HINDER THE IMPLEMENTATION OF THE COMMON AGRICULTURAL POLICY ;
WHEREAS , SINCE THE UNIT OF ACCOUNT IS DEFINED SOLELY AS A WEIGHT OF GOLD , EITHER THE GOLD PARITY OR THE US DOLLAR PARITY OF NATIONAL CURRENCIES AS COMMUNICATED TO AND RECOGNISED BY THE INTERNATIONAL MONETARY FUND MUST OF NECESSITY BE USED TO EXPRESS IN NATIONAL CURRENCIES SUMS GIVEN IN UNITS OF ACCOUNT AND VICE VERSA ;
WHEREAS PROVISION SHOULD NEVERTHELESS BE MADE , IN RESPECT OF COUNTRIES WHICH HAVE COMMUNICATED A PAR VALUE FOR THEIR CURRENCY TO THE INTERNATIONAL MONETARY FUND , FOR CASES WHERE FLUCTUATIONS IN THE OPERATIVE EXCHANGE RATE IN RELATION TO THE PAR VALUE COMMUNICATED , ALTHOUGH WITHIN THE LIMITS LAID DOWN UNDER THE RULES OF THAT BODY , MIGHT JEOPARDISE THE IMPLEMENTATION OF THE COMMON AGRICULTURAL POLICY ;
WHEREAS , IN SUCH CASES , THE EXCHANGE RATE ON THE MOST REPRESENTATIVE FOREIGN EXCHANGE MARKET OR MARKETS SHOULD BE USED ;
WHEREAS THE RATE ON THE MOST REPRESENTATIVE FOREIGN EXCHANGE MARKET OR MARKETS MUST BE CHOSEN ALSO FOR THE CURRENCIES OF COUNTRIES WHICH HAVE NOT COMMUNICATED PAR VALUES TO THE INTERNATIONAL MONETARY FUND OR WHOSE PAR VALUES HAVE NOT BEEN RECOGNISED BY THE FUND ;
WHEREAS , FINALLY , PROVISION SHOULD BE MADE FOR DEROGATIONS WHERE MONETARY CIRCUMSTANCES ARE LIKELY TO HINDER THE SATISFACTORY IMPLEMENTATION OF THE COMMON AGRICULTURAL POLICY ;
HAS ADOPTED THIS REGULATION :
ARTICLE 1
WHERE , IN INSTRUMENTS CONCERNING THE COMMON AGRICULTURAL POLICY WHICH ARE ADOPTED BY THE COUNCIL UNDER ARTICLE 43 OF THE TREATY , OR IN PROVISIONS ADOPTED PURSUANT TO THOSE INSTRUMENTS , SUMS ARE EXPRESSED IN UNITS OF ACCOUNT , THE VALUE OF THAT UNIT OF ACCOUNT SHALL BE 0.88867088 GRAMMES OF FINE GOLD .
ARTICLE 2
1 . WHERE MEASURES TAKEN IN PURSUANCE OF THE INSTRUMENTS OR PROVISIONS REFERRED TO IN ARTICLE 1 REQUIRE SUMS GIVEN IN ONE CURRENCY TO BE EXPRESSED IN ANOTHER CURRENCY , THE EXCHANGE RATE TO BE APPLIED SHALL BE THAT WHICH CORRESPONDS TO THE PAR VALUE COMMUNICATED TO AND RECOGNISED BY THE INTERNATIONAL MONETARY FUND .
2 . HOWEVER , WHERE IN ONE OR MORE COUNTRIES THE EXCHANGE RATE OPERATIVE ON THE FOREIGN EXCHANGE MARKET SUPERVISED BY THE MONETARY AUTHORITIES FLUCTUATES IN RELATION TO THE RATE WHICH CORRESPONDS TO THE PAR VALUE COMMUNICATED TO AND RECOGNISED BY THE INTERNATIONAL MONETARY FUND , AND WHERE IN EXCEPTIONAL CIRCUMSTANCES SUCH FLUCTUATION , ALTHOUGH WITHIN THE LIMITS SET BY THE RULES OF THE FUND , MIGHT JEOPARDISE THE IMPLEMENTATION OF THE INSTRUMENTS OR PROVISIONS REFERRED TO IN ARTICLE 1 , THE COUNCIL OR THE COMMISSION , ACTING WITHIN THEIR POWERS UNDER THOSE INSTRUMENTS OR PROVISIONS AND IN ACCORDANCE WITH THE PROCEDURES LAID DOWN THEREIN FOR EACH INDIVIDUAL CASE , MAY DECIDE THAT THE EXCHANGE RATES FOR THE CURRENCIES IN QUESTION ON THE MOST REPRESENTATIVE FOREIGN EXCHANGE MARKET OR MARKETS , AS PROVIDED BY PARAGRAPH 4 , MUST BE APPLIED TEMPORARILY IN MEASURES TAKEN IN PURSUANCE OF THOSE INSTRUMENTS OR PROVISIONS .
3 . THE EXCHANGE RATE TO BE APPLIED IN RESPECT OF THE CURRENCIES OF COUNTRIES WHICH HAVE NOT COMMUNICATED PAR VALUES TO THE INTERNATIONAL MONETARY FUND OR WHOSE PAR VALUES ARE NOT RECOGNISED BY THAT BODY BUT WHOSE CURRENCIES ARE QUOTED ON THE OFFICIAL FOREIGN EXCHANGE MARKETS SHALL BE THAT RECORDED ON THE MOST REPRESENTATIVE MARKET OR MARKETS , AS PROVIDED BY PARAGRAPH 4 .
4 . FOR THE PURPOSES OF PARAGRAPHS 2 AND 3 , THE EXCHANGE RATES ON THE MOST REPRESENTATIVE MARKET OR MARKETS SHALL BE THOSE IN FORCE ON THE LAST WORKING DAY OF THE MARKET ( S ) PRECEDING THE DATE ON WHICH THE MEASURES REFERRED TO IN THIS ARTICLE ARE TAKEN .
ARTICLE 3
1 . WHERE MONETARY PRACTICES OF AN EXCEPTIONAL NATURE ARE LIKELY TO JEOPARDISE THE IMPLEMENTATION OF THE INSTRUMENTS OR PROVISIONS REFERRED TO IN ARTICLE 1 , THE COUNCIL OR THE COMMISSION , ACTING WITHIN THEIR POWERS UNDER THOSE INSTRUMENTS OR PROVISIONS AND IN ACCORDANCE WITH THE PROCEDURES LAID DOWN THEREIN FOR EACH INDIVIDUAL CASE , MAY , AFTER CONSULTING THE MONETARY COMMITTEE , MAKE DEROGATIONS FROM THIS REGULATION , IN PARTICULAR IN THE FOLLOWING CASES :
( A ) WHEN A MEMBER COUNTRY OF THE INTERNATIONAL MONETARY FUND , HAVING COMMUNICATED A PAR VALUE AND HAD IT RECOGNISED BY THE FUND , ALLOWS THE VALUE OF ITS CURRENCY TO FLUCTUATE BEYOND THE LIMITS LAID DOWN UNDER THE RULES OF THE FUND ;
( B ) WHEN A COUNTRY RESORTS TO ABNORMAL EXCHANGE TECHNIQUES SUCH AS FLOATING OR MULTIPLE EXCHANGE RATES OR APPLIES A BARTER AGREEMENT ;
( C ) IN THE CASE OF COUNTRIES WHOSE CURRENCY IS NOT QUOTED ON OFFICIAL FOREIGN EXCHANGE MARKETS .
2 . HOWEVER , IN AN EMERGENCY THE MEASURES PROVIDED FOR IN THE PRECEDING PARAGRAPH MAY BE TAKEN WITHOUT PRIOR CONSULTATION WITH THE MONETARY COMMITTEE BUT PROVIDED THAT AT THE SAME TIME A REQUEST FOR AN OPINION IS ADDRESSED TO THAT BODY . IN SUCH CASES THESE EXCEPTIONAL MEASURES SHALL APPLY PROVISIONALLY ; DEFINITIVE MEASURES SHALL BE TAKEN ONLY AFTER AN OPINION HAS BEEN RECEIVED FROM THE MONETARY COMMITTEE .
ARTICLE 4
THIS REGULATION SHALL ENTER INTO FORCE ON 1 NOVEMBER 1962 .
THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .
DONE AT BRUSSELS , 23 OCTOBER 1962 .
FOR THE COUNCIL
THE PRESIDENT
E . COLOMBO |
EEC: Regulation No 58 of the Commission laying down common quality standards for certain products listed in Annex I B to Regulation No 23 on the progressive establishment of a common organisation of the market in fruit and vegetables
Official Journal 056 , 07/07/1962 P. 1606 - 1630
Finnish special edition: Chapter 3 Volume 1 P. 0033
Swedish special edition: Chapter 3 Volume 1 P. 0033
Danish special edition: Series I Chapter 1959-1962 P. 0180
English special edition: Series I Chapter 1959-1962 P. 0204
Greek special edition: Chapter 03 Volume 1 P. 0037
Spanish special edition: Chapter 03 Volume 1 P. 0030
Portuguese special edition Chapter 03 Volume 1 P. 0030
REGULATION No 58 OF THE COMMISSION laying down common quality standards for certain products listed in Annex I B to Regulation No 23 on the progressive establishment of a common organisation of the market in fruit and vegetables
THE COMMISSION OF THE EUROPEAN ECONOMIC COMMUNITY,
Having regard to the provisions of the Treaty establishing the European Economic Community;
Having regard to the provisions of Regulation No 23 on the progressive establishment of a common organisation of the market in fruit and vegetables, and in particular Article 2 (3) thereof;
Having regard to the Opinion of the Management Committee for Fruit and Vegetables;
Whereas Article 2 of Regulation No 23 provides that quality standards for the produce listed in Annex I B to that Regulation must be adopted not later than 30 June 1962;
HAS ADOPTED THIS REGULATION:
Article 1
The quality standards for the following products:
are set out in the Annexes to this Regulation and shall apply from 1 July 1962.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 15 June 1970.
For the Commission
The President
W. HALLSTEIN
ANNEX I/1 Common quality standards for spinach
I. DEFINITION OF PRODUCE
This standard applies to spinach of varieties grown from Spinacia oleracea L. to be supplied fresh to the consumer, spinach for processing being excluded.
II. QUALITY REQUIREMENTS
A. General
The purpose of the standard is to define the quality requirements for spinach put up in leaf or in heads at the dispatching stage, after preparation and packaging.
B. Minimum requirements
The produce must be: - sound
- of fresh appearance
- clean, substantially free from earth and from visible traces of fertilizers and pesticides
- free from flower stems
- free from foreign smell or taste.
The washed produce must be adequately drained.
In the case of spinach heads, the portion comprising the root must be cut close to the base of the outer leaves.
The state of the produce must be such as to allow it to withstand transport and handling and to meet market requirements at the place of destination.
C. Classification
Spinach is graded in two quality classes which are defined below: (i) Class I
Spinach in this class may be in leaf or in heads.
The leaves must be: - intact
- normal in colour and appearance for the variety and time of picking
- free from damage caused by frost, animal parasites or diseases affecting appearance and edibility.
In the case of leaf spinach, the leaf stalk must not exceed 10 cm in length.
(ii) Class II
This class comprises leaf spinach or spinach heads of marketable quality which does not qualify for inclusion in Class I but satisfies the minimum requirements set out in Section II B.
III. SIZING
Sizing is not compulsory for spinach.
IV. TOLERANCES
Tolerances in respect of quality are allowed in each package for substandard produce. (i) Class I : 10 % by weight of produce not satisfying the requirements for the class but meeting the requirements for Class II.
(ii) Class II : 10 % by weight of produce not satisfying the requirements for the class but fit for consumption.
In addition, in the case of spinach heads, a tolerance of 10 % by weight of heads having roots attached which do not exceed 1 cm in length from the base of the outer leaves, shall be allowed.
V. PACKAGING AND PRESENTATION
A. Uniformity
The contents of every package must be uniform and contain only produce of the same variety and quality.
Leaf spinach and spinach heads must not be mixed in the same package.
B. Packaging
The produce must be packed in such a way as to ensure that it is suitably protected. Any paper or other material used must be new and harmless to human food. When printed matter is used, the printing must be on the outside only so as not to come into contact with the produce.
The produce when packaged must be free from any foreign bodies, including detached stems, yellow leaves and weeds.
VI. MARKING
Each package must bear the following particulars legibly and indelibly marked on the outside: A. Identification
B. Nature of produce
"Leaf spinach" or "Spinach heads" (when the contents of the package are not visible from the outside).
C. Origin of produce
District of origin, or national, regional or local trade name.
D. Commercial specifications
Class.
E. Official control mark for the produce (optional).
ANNEX I/2 Common quality standards for witloof chicory
I. DEFINITION OF PRODUCE
This standard applies to the forced chicory sprouts obtained from the roots of "Brussels chicory" or "witloof chicory" (a variety of Cichorium intybus L.) to be supplied fresh to the consumer.
II. QUALITY REQUIREMENTS
A. General
The purpose of this standard is to define the quality requirements for witloof chicory at the dispatching stage, after preparation and packaging.
B. Minimum requirements (i) The chicory must be: - intact
- sound, i.e. free from reddish discoloration, frost-nip or rot, traces of bruising or damage by rodents, disease, insects or other parasites (subject to the special provisions for each class)
- fresh in appearance
- clean, in particular free from all earth-soiled leaves and traces of fertiliser or other chemicals
- free from all abnormal external moisture
- free from foreign smell or taste
- pale, i.e. white to yellowish-white in colour
- cut cleanly, immediately below the neck.
(ii) The chicory must be sufficiently and evenly developed, and fresh enough to withstand transport and handling, to remain in good condition until it reaches its place of destination and to meet market requirements there.
C. Classification (i) "Extra" Class
Chicory in this class must be of superlative quality. It must, in particular: - be well-formed
- be firm
- be undamaged
- have close heads, i.e. heads with a sharp, well-closed tip
- not be greenish or glassy-looking
- show no signs of the formation of a central stem.
(ii) Class I
Chicory in this class must be of good quality. It must, in particular: - be sufficiently firm
- not be greenish
- show no signs of the formation of a central stem.
It may be less regular in shape, and the tips, without being open, may be less tight and close than for the "Extra" Class.
III. SIZING
Chicory is graded according to the maximum diameter of the widest section at right angles to the longitudinal axis and according to length.
The diameter of the chicory may in no case be less than 2 75 cm when the latter is under 14 cm in length. It may in no case be less than 3 cm when the chicory is 14 cm or over in length.
Chicory graded as "Extra" may not be more than 6 cm in diameter ; chicory graded as Class I may not be more than 8 cm in diameter.
The length of the chicory may range from 9 cm up to but excluding 17 cm for the "Extra" Class, and from 9 cm up to but excluding 20 cm for Class I.
Within the same package: (i) the maximum permissible difference in length between the pieces of chicory is 5 cm for the "Extra" Class, and 8 cm for Class I.
(ii) the maximum permissible difference in diameter between the pieces of chicory is 2 75 cm for the "Extra" Class, and 4 cm for Class I.
IV. TOLERANCES
Tolerances in respect of quality and size are allowed in each package for produce not satisfying the requirements for its class. A. Quality tolerances (i) "Extra" Class : 5 % by number of pieces of chicory not satisfying the requirements of this class but meeting the requirements of Class I.
(ii) Class I : 10 % by number of pieces of chicory not satisfying the requirements of this class but fit for human consumption.
B. Size tolerances
In any one package, 10 % by number of pieces of chicory whose length and diameter are no more than 1 cm above or below the extreme measurements for size-grades and uniformity given in Section III, subject to the minimum diameter specified.
C. Cumulative tolerances
In no case may tolerances of quality and size taken together exceed: - 10 % for the "Extra" Class
- 15 % for Class I.
V. PACKAGING AND PRESENTATION
A. Uniformity
Each package must contain only chicory of the same variety, quality and size.
In the layers within each package the heads of chicory must be of uniform quality and size.
B. Packaging
The packaging must be such as to give the produce suitable protection. The packages must be clean and odourless. Any paper or other material used inside the package must be new and harmless to human food. When printed matter is used, the printing must be on the outside only so as not to come into contact with the chicory. The chicory when packaged must be free from any foreign bodies.
The chicory may be packed: (i) in cases,
(ii) in small packages.
The chicory must be arranged horizontally in layers one above another, and evenly in each layer. Small packages may contain only one layer of chicory.
The chicory must be separated by protective material from the bottom, sides and lid of the packing case.
VI. MARKING
Each package must bear the following particulars legibly and indelibly marked on the outside: A. Identification
B. Nature of produce
"Chicory" (witloof) (where the contents of the package are not visible from the outside).
C. Origin of produce
District of origin, or national, regional or local trade name.
D. Commercial specifications
Class.
E. Official control mark (optional).
ANNEX I/3 Common quality standards for shelling peas
I. DEFINITION OF PRODUCE
This standard applies to shelling peas of varieties grown from Pisum Sativum L. to be supplied fresh to the consumer, peas for processing being excluded.
II. QUALITY REQUIREMENTS
A. General
The purpose of the standard is to define the quality requirements for peas at the dispatching stage, after preparation and packaging.
B. Minimum requirements (i) The pods must be: - intact
- sound (subject to the special provisions for each class)
- clean
- free from all abnormal external moisture
- free from foreign smell or taste.
(ii) The peas themselves must be: - fresh
- well-formed
- sound, i.e. free from damage by insects or disease
- of normal size.
(iii) The state of the produce must be such as to allow it to withstand transport and handling and to meet market requirements at the place of destination.
C. Classification
Peas are graded in two quality classes which are defined below: (i) Class I
Peas in this class must be of good quality.
The pods must be: - typical of the variety in shape, size and colouring
- with stalks attached
- free from damage by hail
- fresh and turgescent
- well filled, containing at least five seeds, and
- show no signs of deterioration through heating.
The peas themselves must be: - well formed
- tender
- succulent and sufficiently firm, that is to say when squeezed between two fingers they should become flat without disintegrating
- non-farinaceous
- at least half the full-grown size but not full-grown
- of the colour typical of the variety.
(ii) Class II
The peas may be riper than those in Class I.
The pods may be: - slightly discoloured without having lost the colour typical of the variety
- they may show very slight signs of superficial damage provided it is not progressive and there is no risk of the seeds being affected.
Less fresh pods are permissible but wilted pods are not allowed.
The pods must contain at least three seeds.
The peas themselves may be: - less well formed
- slightly less coloured
- slightly harder.
Over-mature peas are excluded.
III. SIZING
Sizing is not compulsory for peas.
IV. TOLERANCES
Tolerances in respect of quality are allowed in each package for substandard produce. (i) Class I : 10 % by weight of produce not satisfying the requirements for the class but meeting the requirements for Class II.
(ii) Class II : 10 % by weight of produce not satisfying the requirements for the class but fit for consumption.
In no circumstances shall these tolerances apply to produce affected by progressive diseases such as Ascochyta pisi or Ascochyta pinodella.
V. PACKAGING AND PRESENTATION
A. Uniformity
The contents of every package must be uniform and contain only peas of the same origin, variety and quality.
B. Packaging
The produce must be packed in such a way as to ensure that it is suitably protected.
Any paper or other material used inside the package must be new and harmless to human food. When printed matter is used, the printing must be on the outside only so as not to come into contact with the produce. The packages must be free from leaves, stems and other foreign bodies.
VI. MARKING
Each package must bear the following particulars legibly and indelibly marked on the outside: A. Identification
B. Nature of produce
"Peas" (when the contents of the package are not visible from the outside).
C. Origin of produce
District of origin, or national, regional or local trade name.
D. Commercial specifications
Class.
E. Official control mark (optional).
ANNEX I/4 Common quality standards for beans
I. DEFINITION OF PRODUCE
This standard applies to beans grown from Phaseolus vulgaris L. and Phaseolus coccineus L. to be supplied fresh to the consumer, beans for shelling or processing being excluded.
II. QUALITY REQUIREMENTS
A. General
The purpose of the standard is to define the quality requirements for beans at the dispatching stage after preparation and packaging.
B. Minimum requirements (i) The beans must be: - intact
- sound (subject to the special provisions for each class)
- of fresh appearance
- clean, in particular free from any impurity or any visible trace of the chemicals used
- free from foreign smell or taste
- free from all abnormal external moisture.
(ii) The beans must be of sufficient size. The state of the produce must be such as to enable it to withstand transport and handling, to be kept in good condition until it reaches its place of destination and to meet market requirements there.
C. Classification (a) Fine beans ("needle beans").
Fine beans are graded in three quality classes which are defined below: (i) "Extra" Class
Beans in this class must be of superlative quality and of the shape, size and colour characteristic of the variety. They must be: - turgescent
- very tender
- seedless and stringless
- free from any defect.
(ii) Class I
Beans in this class must be of good quality. They must be turgescent and tender, and must have the characteristic shape, size and colour of the variety concerned.
Slight discoloration, small seeds and short soft strings are permissible.
(iii) Class II
This class comprises fine beans of marketable quality which do not qualify for inclusion in the higher classes but satisfy the minimum requirements specified above.
Such beans must be reasonably tender ; the seeds must not be too large.
They may have minor superficial blemishes.
(b) Beans, other.
Beans, other, are graded in two quality classes which are defined below: (i) Class I
Produce in this class must be of good quality and must have the shape, size and colouring characteristic of the variety.
Such beans must be: - in such a condition that they can be easily broken by hand (this applies only to beans of the "mange-tout" variety)
- young and tender
- stringless, except in the case of beans for slicing
- practically free from spots caused by the wind and free from any other blemish.
The seeds must be small and tender for the variety concerned ; pods must be closed.
(ii) Class II
This class comprises beans of marketable quality which do not qualify for inclusion in the higher class but satisfy the minimum requirements specified above. Beans in this class must be:
- reasonably young and tender.
The seeds may be somewhat larger than in Class I but must nevertheless be tender for the variety concerned.
Traces of disease or frost-nip are prohibited. However, minor superficial blemishes and slight spots caused by the wind are allowed. Beans with strings are permitted.
III. SIZING
Sizing is required only in the case of fine beans. Sizing is determined by the maximum diameter of the pod in accordance with the following classification: - very fine : width of the pod not exceeding 6 mm
- fine : width of the pod not exceeding 9 mm
- average : width of the pod exceeding 9 mm.
"Fine" and "average" beans may not be placed in the "Extra" Class.
"Average" beans may not be placed in Class I.
IV. TOLERANCES
Tolerances in respect of quality and size are allowed in each package for substandard produce. A. Quality tolerances (i) "Extra" Class : 5 % by weight of beans not satisfying the requirements of the class but meeting the requirements of the class immediately below (Class I).
(ii) Class I : 10 % by weight of beans not satisfying the requirements of the class but meeting the requirements of the class immediately below (Class II) ; of these, a maximum of 5 % may have strings in the case of varieties which should be stringless.
(iii) Class II : 10 % by weight of beans not satisfying the minimum requirements but fit for human consumption.
In no circumstances shall tolerances include produce affected by Colletotrichum (Gloeeosporium) Lindemuthianum blight.
B. Size tolerances (fine beans)
For all classes : 10 % by weight of the produce in each package not conforming to the standard size.
C. Cumulative tolerances (fine beans)
In no circumstances may quality and size tolerances together exceed: - 10 % in the "Extra" Class
- 15 % in Classes I and II.
V. PACKAGING AND PRESENTATION
A. Uniformity
The contents of each package must be uniform and contain only beans of the same origin, variety and quality.
B. Packaging
Packaging must be of such a kind as to ensure that the produce is properly protected.
Any paper or other material used inside the package must be new and harmless to human food. When printed matter is used, the printing must be on the outside only so as not to come into contact with the produce. The produce when packaged must be free from any foreign bodies.
VI. MARKING
Each package must bear the following particulars, legibly and indelibly marked on the outside: A. Identification
B. Nature of produce
Indication of type ("French beans", "runner beans", "fine beans") or variety (where the contents of the package are not visible from the outside)
C. Origin of produce
District of origin, or national, regional or local trade name.
D. Commercial specifications
Class.
Sizing (optional) indicated by "very fine", "fine", "average" for fine beans.
E. Official control mark (optional).
ANNEX I/5 Common quality standards for carrots
I. DEFINITION OF PRODUCE
This standard applies to roots of Daucus carota L. to be supplied fresh to the consumer, carrots for processing being excluded.
II. QUALITY REQUIREMENTS
A. General
The purpose of the standard is to define the quality requirements for carrots at the dispatching stage, after preparation and packaging.
B. Minimum requirements (i) The roots must be: - sound and in particular free from any blemishes which might affect edibility and keeping quality
- clean, that is to say:
washed carrots must be free from all traces of soil or other extraneous matter other carrots must be practically free from excess dirt and impurities
- firm, i.e. showing no signs of any softening
- not running to seed, neither woody nor forked
- free from foreign smell or taste
- free from abnormal external moisture, i.e. sufficiently dried after washing.
(ii) The state of the produce must be such as to allow it to withstand transport and handling and to meet market requirements at the place of destination.
C. Classification (i) "Extra" Class
Carrots in this class must be of superlative quality and must be washed. The roots must be: - whole
- smooth
- of fresh appearance
- well shaped
- free from fissures
- free from cracks
- free from traces of frost.
Carrots in this class must have the characteristics and colouring typical of the variety Green tops are not allowed.
(ii) Class I
Roots in this class must be of good quality.
They must: - be whole
- be of fresh appearance
- possess the characteristics and colouring typical of the variety.
They may have the following defects: - slight malformation
- slight defect in colouring
- slight healed cracks
- slight fissures caused by handling or washing.
Green tops up to 1 70 cm for roots not longer than 8 cm and up to 2 70 cm for other roots are allowed.
(iii) Class II
This class comprises carrots of marketable quality which do not qualify for inclusion in the higher classes but satisfy the minimum requirements specified above.
Healed cracks not reaching the core are allowed in this class.
Green tops up to 2 70 cm for roots not longer than 10 cm and up to 3 70 cm for other roots are allowed.
III. SIZING
Sizing of carrots is determined either: - by the maximum diameter at the widest section, or
- by the net weight per root (without foliage). (i) Early carrots1 and small root varieties, topped or with foliage
Roots must not be less than 10 mm when sizing is by diameter and not less than 8 g when sizing is by weight.
Roots must not be more than 40 mm when sizing is by diameter and not more than 150 g when sizing is by weight. 1 Roots in which growth has not been arrested.
(ii) Storage carrots and large root varieties
Roots must not be less than 20 mm when sizing is by diameter and not less than 50 g when sizing is by weight.
For the "Extra" Class roots must not be more than 40 mm when sizing is by diameter and not more than 150 g when sizing is by weight.
For all classes the difference in diameter or weight between the smallest and the largest root in any one package must not be more than 30 mm or 200 g.
IV. TOLERANCES
Tolerances in respect of quality and size are allowed in each package for substandard produce. A. Quality tolerances (i) "Extra" Class
5 % by weight of roots having tops with a slight trace of green colouring, this tolerance not being taken into consideration in the calculation of the cumulative tolerances.
5 % by weight of roots not satisfying the requirements for the class but meeting the requirements of the class immediately below (Class I).
(ii) Class I
10 % by weight of roots not satisfying the requirements for the class but meeting the requirements of the class immediately below (Class II).
(iii) Class II
10 % by weight of roots not satisfying the minimum requirements but fit for consumption.
B. Size tolerances
In any one package 10 % by weight of roots not meeting the size requirements.
When the roots are loaded in bulk, this tolerance applies to each unit of transport or to each lot if the unit of transport contains several lots.
C. Cumulative tolerances
In no case may tolerances of quality and size taken together exceed: - 10 % for the "Extra" Class, and
- 15 % for Classes I and II.
V. PACKAGING AND PRESENTATION
A. Uniformity
The contents of each package must be of the same variety and quality.
B. Packaging
The roots may be put up in one of the following ways: (i) In bunches (early carrots and small root varieties).
The roots must be presented with their foliage which must be fresh, green and sound.
The bunches in each package should be practically uniform in weight and size and arranged evenly in one or more layers.
(ii) Topped
The foliage must be screwed or cut off at the top of the root without damaging the root.
The roots may be: (a) put up in small unit packages for direct sale to the consumer,
(b) arranged in several layers or not,
(c) dispatched in bulk (loaded direct into a transport container) for Class II.
The produce must be packed in such a way as to ensure that it is suitably protected. Any paper or other material used inside the package must be new and harmless to human food. When printed matter is used, the printing must be on the outside only so as not to come into contact with the produce. When packaged, the roots should be free from earth (when the roots are washed) or other foreign bodies.
VI. MARKING
Each package must bear the following particulars legibly and indelibly marked on the outside: A. Identification
B. Nature of produce (i) "Early carrots", "small root varieties" or "storage carrots" (when the contents of the package are not visible from the outside).
(ii) Name of the variety for the "Extra" Class.
C. Origin of produce
District of origin, or national, regional or local trade name.
D. Commercial specifications - Quality Class
- Size (optional)
- Number of bunches in the case of bunched carrots.
E. Official Control Mark (optional).
ANNEX I/6 Common quality standards for artichokes
I. DEFINITION OF PRODUCE
This standard applies to heads of the Cynara Scolymus L. to be supplied fresh to the consumer, artichokes for processing being excluded.
II. QUALITY REQUIREMENTS
A. General
The purpose of the standard is to define the quality requirements for artichokes at the dispatching stage, after preparation and packaging.
B. Minimum requirements
The heads must be: - fresh in appearance, and in particular showing no sign of withering
- intact
- sound, and in particular free from deterioration affecting edibility or keeping quality
- clean, and in particular free from dirt and all traces of chemicals
- free from foreign smell or taste.
C. Classification
Artichoke heads are graded, according to their quality characteristics, into the three classes defined below. (i) "Extra" Class
Artichoke heads in this class must be of superlative quality. They must possess all the characteristics (in particular, well-closed central bracts) and the colour typical of the variety. They must have no defects. In addition, the ducts in the base must show no incipient woodiness.
(ii) Class I
Artichoke heads in this class must be of good quality. They must have the shape typical of the variety and the central bracts must be well closed, in accordance with the variety ; in addition, the ducts in the base must show no incipient woodiness.
They must have no defects except the following: - slight deterioration due to frost (cracks)
- very slight bruising.
(iii) Class II
Artichoke heads in this class must be of marketable quality. They may be slightly open.
In addition, they may have the following defects: - slight malformation
- deterioration due to frost ("nipped" artichokes)
- slight bruising
- slight stain on the outer bracts
- incipient woodiness of the ducts in the base.
III. SIZING
Artichoke heads are graded according to the maximum equatorial diameter. The scale given below is compulsory for the "Extra" Class and Class I and optional for Class II:
Diameter of 13 cm and over
Diameter from 11 cm up to but excluding 13 cm
Diameter from 9 cm up to but excluding 11 cm
Diameter from 7 75 cm up to but excluding 9 cm
Diameter from 6 cm up to but excluding 7 75 cm.
Artichoke heads in Class II not conforming to the above scale must be graded as follows:
Diameter of 13 cm and over
Diameter from 9 cm up to but excluding 13 cm
Diameter from 6 cm up to but excluding 9 cm.
Finally, a diameter from 3 75 cm up to but excluding 6 cm is allowed for artichokes of the "Poivrade" and "Bouquet" varieties.
IV. TOLERANCES
Tolerances in respect of quality and size are allowed in each package for substandard produce. A. Quality tolerances (i) "Extra" Class : 5 % by number of heads not satisfying the requirements of the class but meeting the requirements of Class I.
(ii) Class I : 10 % by number of heads not satisfying the requirements of the class but meeting the requirements of Class II.
(iii) Class II : 10 % by number of heads not satisfying the requirement of the class but fit for consumption.
B. Size tolerances
In any one package a maximum of 10 % by number of heads not conforming to the size standards is allowed. However, they must belong to the size-grade immediately above or below, with a maximum diameter of 5 cm for heads in the smallest sizegrade (6 to 7.5 cm).
No size tolerance is allowed for artichokes of the "Poivrade" or "Bouquet" varieties.
C. Cumulative tolerances
In no case may quality and size tolerances taken together exceed: - 10 % in the "Extra" Class
- 15 % in Classes I and II.
V. PACKAGING AND PRESENTATION
A. Uniformity
Each package must contain heads of the same variety, quality and size.
B. Packaging
The produce must be reasonably packed having regard to the size of the produce and the type of packaging, i.e. without empty spaces or crushing.
The stalks must not be longer than 10 cm and must be cut off cleanly.
If wooden packaging is used, the produce must be separated at least from the bottom, the two longer sides and from the lid, if any, by paper or any other appropriate means. Any paper or other material used inside the package must be new and harmless to human food. When printed matter is used, the printing must be on the outside only so as not to come into contact with the produce.
VI. MARKING
Each package must bear the following particulars legibly and indelibly marked on the outside: A. Identification
B. Nature of produce - "Artichokes" (when the contents of the package are not visible from the outside)
- Name of the variety for the "Extra" Class
- "Poivrade" or "Bouquet" for heads with a diameter from 3 75 cm up to but excluding 6 cm.
C. Origin of produce
District of origin, or national, regional or local trade name.
D. Commercial specifications - Class
- Number of heads or net weight
- Size-grade, shown in terms of the minimum and maximum diameter of the heads.
E. Official control mark (optional).
ANNEX I/7 Common quality standards for table grapes
I. DEFINITION OF PRODUCE
This standard applies to table grapes from varieties of Vitis vinifera to be supplied fresh to the consumer and belonging to the table varieties set forth in the annexed list.
II. QUALITY REQUIREMENTS
A. General
The purpose of the standard is to define the quality requirements for table grapes at the dispatching stage, after preparation and packaging.
B. Minimum requirements (i) Bunches and berries must be: - sound
- clean, and in particular free from all visible traces of chemicals
- free from damage by insects or disease
- free from all visible traces of mould
- free from abnormal external moisture
- free from foreign smell or taste.
(ii) In addition, berries must be: - well-formed
- normally developed
- firmly attached to the stalk.
Pigmentation due to sun is not a defect. (Burst or damaged berries must be cut out, without unduly depleting the bunches.)
(iii) Bunches must have been carefully picked.
The state of ripeness must be such as to allow the produce to withstand transport and handling and to meet market requirements at the place of destination.
C. Classification (i) "Extra" Class
Table grapes in this class must be of superlative quality.
In shape, size and colouring the bunches must be typical of the variety, allowing for the district in which they are grown, and have no defects.
(ii) Class I
Table grapes in this class must be of good quality.
In shape, size and colouring the bunches must be typical of the variety, allowing for the district in which they are grown.
Berries must be firm, firmly attached and, as far as possible, have their bloom intact. They may, however, be less evenly spaced along the stalk than in the "Extra" Class.
The following are allowed: - slight malformation
- slight defect in colouring
- very slight sun burns affecting the skin only.
III. SIZING
The following minimum size requirements per hunch are laid down for hothouse grapes and for large-berry and small-berry grapes grown in the open ground:
(Note - A classified list of hothouse varieties and open ground large-berry and small-berry varieties appears in Annex I to this standard.)
IV. TOLERANCES
Tolerances are allowed in each package for substandard fruit. A. Quality tolerances (i) "Extra" Class : 5 % by weight of fruit not satisfying the requirements of the class but meeting the requirements of the class immediately below (Class I).
(ii) Class I : 10 % by weight of fruit not satisfying the requirements for the class but meeting the minimum requirements.
B. Size tolerances: (i) "Extra" Class : 10 % by weight of bunches per package not satisfying the size requirements for the class but meeting the size requirements for Class I.
(ii) Class I : 10 % by weight of bunches per package not satisfying the size requirements for the class but not below the following minimum sizes:
C. Cumulative tolerances:
In no case may quality and size tolerances taken together exceed: - 10 % for the "Extra" Class
- 15 % for Class I.
V. PACKAGING AND PRESENTATION
A. Uniformity
The contents of each package must be uniform ; each package must contain only bunches of the same variety and class, and the same degree of ripeness.
In the case of the "Extra" Class, the bunches must be of more or less identical size and colouring.
B. Packaging
The fruit must be packed in such a way as to ensure that it is suitably protected. In the case of the "Extra" Class, the grapes must be packed in a single layer when the contents of the package weigh more than 1 kg.
The produce in each package must be free from any foreign bodies.
Any paper or other material used inside the package must be new and harmless to human food.
When printed matter is used, the printing must be on the outside only so as not to come into contact with the fruit.
VI. MARKING
Each package must bear the following particulars legibly and indelibly marked on the outside: A. Identification
B. Nature of produce - "Table grapes" (when contents of the package are not visible from the outside)
- Name of the variety.
C. Origin of produce
District of origin, or national, regional or local trade name.
D. Commercial specifications
Class.
E. Official control mark (optional).
ANNEX I/7
Annex I List of Varieties
ANNEX I/8 Common quality standards for cherries
I. DEFINITION OF PRODUCE
This standard applies to cherries, fresh fruit grown from varieties of Prunus Avium L. and Prunus Cerasus L., supplied fresh to the consumer, cherries for processing being excluded.
II. QUALITY REQUIREMENTS
A. General
The purpose of the standard is to define the quality requirements for cherries at the dispatching stage, after preparation and packaging.
B. Minimum requirements (i) The fruit must be: - of fresh appearance
- sound
- firm (according to the variety)
- clean, in particular free from all traces of chemicals
- free from abnormal external moisture
- free from foreign smell and taste
- without any parasitic disease
- with the stalk attached
- free from defects and in particular from traces of frost, burning, cracks, bruising.
(ii) The fruit must be sufficiently developed and must have reached a suitable degree of ripeness to enable it to withstand transport and handling, to be kept in good condition until it reaches its place of destination and to meet market requirements there.
C. Classification (i) "Extra" Class
Fruit in this class must be of superlative quality. It must be typical of the variety in shape, size and colouring. It must be free from all defects.
(ii) Class I
Fruit of this class must be of good quality. It must possess the characteristics typical of the variety. It may, however, be slightly deformed, with a colouring less typical of the variety.
III. SIZING
Cherries are graded according to the maximum equatorial diameter. The minimum diameter for the "Extra" Class is 20 mm.
The minimum diameter for Class I is: - 15 mm for early varieties
- 17 mm for other varieties.
IV. TOLERANCES
Tolerances in respect of quality and size are allowed in each package for substandard produce. A. Quality tolerances (i) "Extra" Class : 5 % by weight of fruit not satisfying the requirements for the class but meeting the requirements of the class below (Class I). Of these 5 %, not more than 2 % may consist of split or worm-eaten fruit. These tolerances shall not apply to fruit which is over-ripe or unfit for consumption.
(ii) Class I : 10 % by weight of fruit not meeting the minimum requirements but fit for consumption. Of this 10 %, not more than 4 % may consist of split or worm-eaten fruit. These tolerances shall not apply to fruit which is over-ripe.
B. Size tolerances
For all classes : 10 % by weight of fruit not corresponding to the prescribed size, provided, however, that the diameter is not less than: - 17 mm in the "Extra" Class
- 15 mm and, in the case of the earlier varieties, 13 mm in Class I.
C. Cumulative tolerances
In no case may tolerances of quality and size taken together exceed: - 10 % for the "Extra" Class
- 15 % for Class I.
V. PACKAGING AND PRESENTATION
A. Uniformity
The contents of each package must be uniform and consist exclusively of fruit of the same variety, quality and size. Fruit graded in the "Extra" Class must be of uniform colouring and maturity.
B. Packaging
Packaging must provide reasonable protection for the produce. The goods must be separated from the bottom, the sides and the lid, if any, by some appropriate form of protection.
Any paper or other material used inside the package must be new and harmless to human food. When printed matter is used, the printing must be on the outside only so as not to come into contact with the produce.
The fruit when packaged must be free from leaves, twigs and other foreign bodies.
VI. MARKING
Each package must bear the following particulars legibly and indelibly marked on the outside: A. Identification
B. Nature of produce - "Cherries" (when the contents of the package are not visible from the outside)
- Name of the variety for the "Extra" Class (optional).
C. Origin of produce
District of origin, or national, regional or local trade name.
D. Commercial specifications
Class.
E. Official control mark (optional).
ANNEX I/9 Common quality standards for strawberries
I. DEFINITION OF PRODUCE
This standard applies to strawberries grown from varieties of Fragaria to be supplied fresh to the consumer, strawberries for processing being excluded.
II. QUALITY REQUIREMENTS
A. General
The purpose of the standard is to define the quality requirements for strawberries at the dispatching stage, after preparation and packaging.
The standard applies to strawberries in general, the designation of the specific varieties being left to each country.
B. Minimum requirements (i) The fruit must be: - intact, undamaged
- with the calyx and a short green unwithered stalk attached (except in the case of wild strawberries)
- sound
- free from insect bites or traces of disease
- clean, in particular free from dirt and all visible traces of chemicals
- fresh, but not washed
- free from all abnormal external moisture
- free from foreign smell or taste.
(ii) The fruit must have been carefully hand-picked and must be fully and normally developed.
The state of ripeness must be such as to allow the fruit to withstand transport and handling and to meet market requirements at the place of destination.
C. Classification (i) "Extra" Class
Fruit in this class must be of superlative quality. - in colouring and shape it must be typical of the variety and it must be particularly uniform and regular with respect to degree of ripeness, colour and size1
- it must be bright in appearance, taking account of the variety
- it must be free from earth.
(ii) Class I
Fruit in this class must be of good quality. - it may be slightly less uniform in size, shape and appearance
- from the standpoint of colour, it may show a small white conical point
- it must be practically free from earth. 1These uniformity requirements for the "Extra" Class may be applied a little less strictly in the case of wild strawberries.
III. SIZING
Sizing is determined by the maximum diameter of the equatorial section. Strawberries must be of the following minimum sizes:
However, for Class I produce marketed from the beginning of the season up to 5 June the minimum size for large varieties is reduced to 18 mm.
A List of large and small varieties appears in Annex I to this standard.
IV. TOLERANCES
Tolerances in respect of quality and size are allowed for substandard produce in each package. A. Quality tolerances (a) "Extra" Class : 5 % by number or weight of fruit not satisfying the requirements for the class but meeting the requirements for Class I.
(b) Class I : 10 % by number or weight of fruit not satisfying the requirements for the class, excluding fruit visibly attacked by rot or showing pronounced bruising.
For both classes the above tolerances may in no case exceed 2 % of spoilt fruit.
B. Size tolerances
For all classes : 10 % by number or weight of fruit per package conforming to the minimum size required for the class and size group.
C. Cumulative tolerances
In no case may tolerances of quality and size taken together exceed: - 10 % for the "Extra" Class
- 15 % for Class I.
V. PACKAGING AND PRESENTATION
A. Uniformity
The contents of each package must be uniform ; each package must contain only fruit of the same origin, variety and quality class. Embellishment of the goods is strictly prohibited.
B. Packaging
The fruit must be packed in such a way as to ensure that it is suitably protected.
Small unit packages and any paper or other material used inside the package must be new and harmless to human food. When printed matter is used, the printing must be on the outside only so as not to come into contact with the fruit.
The fruit when packaged must be free from any foreign bodies.
Fruit in the "Extra" Class must be particularly well presented.
VI. MARKING
Each package must bear the following particulars legibly and indelibly marked on the outside (these particulars may appear on a label placed inside the package): A. Identification
B. Nature of produce
"Strawberries" (when the contents of the package are not visible from the outside).
C. Origin of produce
District of origin, or national, regional or local trade name
D. Commercial specifications - Class
- Size
- Variety.
E. Official control mark (optional).
ANNEX I/9 Annex I
List of Varieties
(a) Large Varieties
Asieta
Auchincruise Climax
Auzuss
Cambridge Prizewinner
Cambridge Vigour
Director Paul Walbaum
Gauntlet
George Settwedel
Gorella
Hansa
Lihama
Macherauchs Späternte
Madame Lefever
Madame Moutot (= Hanekam)
Merton Princess
Mieze Schindler
Oberschlesien
Pillnitz
Rovena
Red Gauntlet
Room van Vlaanderen
Royal Sovereign
Senga Sengana
Sieger
Sieletz
Souvenir de Charles Machiroux
Triomphe de Tihange (= Merveilleuse de Tihange)
Ville de Paris
(b) Small Varieties
Ada Herzberg
Cambridge Favourite
Deutsch Evern
Fertility
Gave's Royal
Général de Gaulle
Hamburg
Jucunda
Ladette
Macherauchs Deuerernte
Macherauchs (= Frühernte)
Marie-France
Nobile (= Brusca)
Perla
Regina
Reine des Précoces
Robinson
Royale du Vaucluse
Sannier
Sans Rivale
Senga 146
Senga Precosa
Späte aus Leopoldshall
Surprise des Halles
Surprise du Vaucluse
Tardive de Leopold
Voltaire
Ydun |
EEC: Regulation No 141 of the Council exempting transport from the application of Council Regulation No 17
Official Journal 124 , 28/11/1962 P. 2751 - 2751
Finnish special edition: Chapter 7 Volume 1 P. 0036
Swedish special edition: Chapter 7 Volume 1 P. 0036
Danish special edition: Series I Chapter 1959-1962 P. 0258
English special edition: Series I Chapter 1959-1962 P. 0291
Greek special edition: Chapter 07 Volume 1 P. 0030
Spanish special edition: Chapter 07 Volume 1 P. 0057
Portuguese special edition Chapter 07 Volume 1 P. 0057
REGULATION No 141 OF THE COUNCIL exempting transport from the application of Council Regulation No 17
THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 67 thereof;
Having regard to the first Regulation made in implementation of Articles 85 and 86 of the Treaty (Regulation No 17) of 6 February 1962, as amended by Regulation No 59 of 3 July 1962;
Having regard to the proposal from the Commission;
Having regard to the Opinion of the Economic and Social Committee;
Having regard to the Opinion of the Assembly;
Whereas, in pursuance of the common transport policy, account being taken of the distinctive features of the transport sector, it may prove necessary to lay down rules governing competition different from those laid down or to be laid down for other sectors of the economy, and whereas Regulation No 17 should not therefore apply to transport;
Whereas, in the light of work in hand on the formulation of a common transport policy, it is possible, as regards transport by rail, road and inland waterway, to envisage the introduction within a foreseeable period of rules of competition ; whereas, on the other hand, as regards sea and air transport it is impossible to foresee whether and at what date the Council will adopt appropriate provisions ; whereas accordingly a limit to the period during which Regulation No 17 shall not apply can be set only for transport by rail, road and inland waterway;
Whereas the distinctive features of transport make it justifiable to exempt from the application of Regulation No 17 only agreements, decisions and concerted practices directly relating to the provision of transport services;
HAS ADOPTED THIS REGULATION:
Article 1
Regulation No 17 shall not apply to agreements, decisions or concerted practices in the transport sector which have as their object or effect the fixing of transport rates and conditions, the limitation or control of the supply of transport or the sharing of transport markets ; nor shall it apply to the abuse of a dominant position, within the meaning of Article 86 of the Treaty, within the transport market.
Article 2
The Council, taking account of any measures that may be taken in pursuance of the common transport policy, shall adopt appropriate provisions in order to apply rules of competition to transport by rail, road and inland waterway. To this end, the Commission shall, before 30 June 1964, submit proposals to the Council.
Article 3
Article 1 of this Regulation shall remain in force, as regards transport by rail, road and inland waterway, until 31 December 1965.
Article 4
This Regulation shall enter into force on 13 March 1962. This provisions shall not be invoked against undertakings or associations of undertakings which, before the day following the date of publication of this Regulation in the Official Journal of the European Communities, shall have terminated any agreement, decision or concerted practice covered by Article 1.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Paris, 26 November 1962.
For the Council
The President
B. MATTARELLA |
EEC Council: Regulation No 17: First Regulation implementing Articles 85 and 86 of the Treaty
Official Journal 013 , 21/02/1962 P. 0204 - 0211
Finnish special edition: Chapter 8 Volume 1 P. 0008
Swedish special edition: Chapter 8 Volume 1 P. 0008
Danish special edition: Series I Chapter 1959-1962 P. 0081
English special edition: Series I Chapter 1959-1962 P. 0087
Greek special edition: Chapter 08 Volume 1 P. 0025
Spanish special edition: Chapter 08 Volume 1 P. 0022
Portuguese special edition Chapter 08 Volume 1 P. 0022
REGULATION No 17 First Regulation implementing Articles 85 and 86 of the Treaty
THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 87 thereof;
Having regard to the proposal from the Commission;
Having regard to the Opinion of the Economic and Social Committee;
Having regard to the Opinion of the European Parliament;
Whereas, in order to establish a system ensuring that competition shall not be distorted in the common market, it is necessary to provide for balanced application of Articles 85 and 86 in a uniform manner in the Member States;
Whereas in establishing the rules for applying Article 85 (3) account must be taken of the need to ensure effective supervision and to simplify administration to the greatest possible extent;
Whereas it is accordingly necessary to make it obligatory, as a general principle, for undertakings which seek application of Article 85 (3) to notify to the Commission their agreements, decisions and concerted practices;
Whereas, on the one hand, such agreements, decisions and concerted practices are probably very numerous and cannot therefore all be examined at the same time and, on the other hand, some of them have special features which may make them less prejudicial to the development of the common market;
Whereas there is consequently a need to make more flexible arrangements for the time being in respect of certain categories of agreement, decision and concerted practice without prejudging their validity under Article 85;
Whereas it may be in the interest of undertakings to know whether any agreements, decisions or practices to which they are party, or propose to become party, may lead to action on the part of the Commission pursuant to Article 85 (1) or Article 86;
Whereas, in order to secure uniform application of Articles 85 and 86 in the common market, rules must be made under which the Commission, acting in close and constant liaison with the competent authorities of the Member States, may take the requisite measures for applying those Articles;
Whereas for this purpose the Commission must have the co-operation of the competent authorities of the Member States and be empowered, throughout the common market, to require such information to be supplied and to undertake such investigations as are necessary to bring to light any agreement, decision or concerted practice prohibited by Article 85 (1) or any abuse of a dominant position prohibited by Article 86:
Whereas, in order to carry out its duty of ensuring that the provisions of the Treaty are applied, the Commission must be empowered to address to undertakings or associations of undertakings recommendations and decisions for the purpose of bringing to an end infringements of Articles 85 and 86;
Whereas compliance with Articles 85 and 86 and the fulfilment of obligations imposed on undertakings and associations of undertakings under this Regulation must be enforceable by means of fines and periodic penalty payments;
Whereas undertakings concerned must be accorded the right to be heard by the Commission, third parties whose interests may be affected by a decision must be given the opportunity of submitting their comments beforehand, and it must be ensured that wide publicity is given to decisions taken;
Whereas all decisions taken by the Commission under this Regulation are subject to review by the Court of Justice under the conditions specified in the Treaty ; whereas it is moreover desirable to confer upon the Court of Justice, pursuant to Article 172, unlimited jurisdiction in respect of decisions under which the Commission imposes fines or periodic penalty payments;
Whereas this Regulation may enter into force without prejudice to any other provisions that may hereafter be adopted pursuant to Article 87;
HAS ADOPTED THIS REGULATION:
Article 1
Basic provision
Without prejudice to Articles 6, 7 and 23 of this Regulation, agreements, decisions and concerted practices of the kind described in Article 85 (1) of the Treaty and the abuse of a dominant position in the market, within the meaning of Article 86 of the Treaty, shall be prohibited, no prior decision to that effect being required.
Article 2
Negative clearance
Upon application by the undertakings or associations of undertakings concerned, the Commission may certify that, on the basis of the facts in its possession, there are no grounds under Article 85 (1) or Article 86 of the Treaty for action on its part in respect of an agreement, decision or practice.
Article 3
Termination of infringements
1. Where the Commission, upon application or upon its own initiative, finds that there is infringement of Article 85 or Article 86 of the Treaty, it may by decision require the undertakings or associations of undertakings concerned to bring such infringement to an end.
2. Those entitled to make application are: (a) Member States;
(b) natural or legal persons who claim a legitimate interest.
3. Without prejudice to the other provisions of this Regulation, the Commission may, before taking a decision under paragraph 1, address to the undertakings or associations of undertakings concerned recommendations for termination of the infringement.
Article 4
Notification of new agreements, decisions and practices
1. Agreements, decisions and concerted practices of the kind described in Article 85 (1) of the Treaty which come into existence after the entry into force of this Regulation and in respect of which the parties seek application of Article 85 (3) must be notified to the Commission. Until they have been notified, no decision in application of Article 85 (3) may be taken.
2. Paragraph 1 shall not apply to agreements, decisions or concerted practices where: (1) the only parties thereto are undertakings from one Member State and the agreements, decisions or practices do not relate either to imports or to exports between Member States;
(2) not more than two undertakings are party thereto, and the agreements only: (a) restrict the freedom of one party to the contract in determining the prices or conditions of business upon which the goods which he has obtained from the other party to the contract may be resold ; or
(b) impose restrictions on the exercise of the rights of the assignee or user of industrial property rights-in particular patents, utility models, designs or trade marks-or of the person entitled under a contract to the assignment, or grant, of the right to use a method of manufacture or knowledge relating to the use and to the application of industrial processes;
(3) they have as their sole object: (a) the development or uniform application of standards or types ; or
(b) joint research for improvement of techniques, provided the results are accessible to all parties thereto and may be used by each of them.
These agreements, decisions and practices may be notified to the Commission.
Article 5
Notification of existing agreements, decisions and practices
1. Agreements, decisions and concerted practices of the kind described in Article 85 (1) of the Treaty which are in existence at the date of entry into force of this Regulation and in respect of which the parties seek application of Article 85 (3) shall be notified to the Commission before 1 August 1962.
2. Paragraph 1 shall not apply to agreements, decisions or concerted practices falling within Article 4 (2) ; these may be notified to the Commission.
Article 6
Decisions pursuant to Article 85 (3)
1. Whenever the Commission takes a decision pursuant to Article 85 (3) of the Treaty, it shall specify therein the date from which the decision shall take effect. Such date shall not be earlier than the date of notification.
2. The second sentence of paragraph 1 shall not apply to agreements, decisions or concerted practices falling within Article 4 (2) and Article 5 (2), nor to those falling within Article 5 (1) which have been notified within the time limit specified in Article 5 (1).
Article 7
Special provisions for existing agreements, decisions and practices
1. Where agreements, decisions and concerted practices in existence at the date of entry into force of this Regulation and notified before 1 August 1962 do not satisfy the requirements of Article 85 (3) of the Treaty and the undertakings or associations of undertakings concerned cease to give effect to them or modify them in such manner that they no longer fall within the prohibition contained in Article 85 (1) or that they satisfy the requirements of Article 85 (3), the prohibition contained in Article 85 (1) shall apply only for a period fixed by the Commission. A decision by the Commission pursuant to the foregoing sentence shall not apply as against undertakings and associations of undertakings which did not expressly consent to the notification.
2. Paragraph 1 shall apply to agreements, decisions and concerted practices falling within Article 4 (2) which are in existence at the date of entry into force of this Regulation if they are notified before 1 January 1964.
Article 8
Duration and revocation of decisions under Article 85 (3)
1. A decision in application of Article 85 (3) of the Treaty shall be issued for a specified period and conditions and obligations may be attached thereto.
2. A decision may on application be renewed if the requirements of Article 85 (3) of the Treaty continue to be satisfied.
3. The Commission may revoke or amend its decision or prohibit specified acts by the parties: (a) where there has been a change in any of the facts which were basic to the making of the decision;
(b) where the parties commit a breach of any obligation attached to the decision;
(c) where the decision is based on incorrect information or was induced by deceit;
(d) where the parties abuse the exemption from the provisions of Article 85 (1) of the Treaty granted to them by the decision.
In cases to which subparagraphs (b), (c) or (d) apply, the decision may be revoked with retroactive effect.
Article 9
Powers
1. Subject to review of its decision by the Court of Justice, the Commission shall have sole power to declare Article 85 (1) inapplicable pursuant to Article 85 (3) of the Treaty.
2. The Commission shall have power to apply Article 85 (1) and Article 86 of the Treaty ; this power may be exercised notwithstanding that the time limits specified in Article 5 (1) and in Article 7 (2) relating to notification have not expired.
3. As long as the Commission has not initiated any procedure under Articles 2, 3 or 6, the authorities of the Member States shall remain competent to apply Article 85 (1) and Article 86 in accordance with Article 88 of the Treaty ; they shall remain competent in this respect notwithstanding that the time limits specified in Article 5 (1) and in Article 7 (2) relating to notification have not expired.
Article 10
Liaison with the authorities of the Member States
1. The Commission shall forthwith transmit to the competent authorities of the Member States a copy of the applications and notifications together with copies of the most important documents lodged with the Commission for the purpose of establishing the existence of infringements of Articles 85 or 86 of the Treaty or of obtaining negative clearance or a decision in application of Article 85 (3).
2. The Commission shall carry out the procedure set out in paragraph 1 in close and constant liaison with the competent authorities of the Member States ; such authorities shall have the right to express their views upon that procedure.
3. An Advisory Committee on Restrictive Practices and Monopolies shall be consulted prior to the taking of any decision following upon a procedure under paragraph 1, and of any decision concerning the renewal, amendment or revocation of a decision pursuant to Article 85 (3) of the Treaty.
4. The Advisory Committee shall be composed of officials competent in the matter of restrictive practices and monopolies. Each Member State shall appoint an official to represent it who, if prevented from attending, may be replaced by another official.
5. The consultation shall take place at a joint meeting convened by the Commission ; such meeting shall be held not earlier than fourteen days after dispatch of the notice convening it. The notice shall, in respect of each case to be examined, be accompanied by a summary of the case together with an indication of the most important documents, and a preliminary draft decision.
6. The Advisory Committee may deliver an opinion notwithstanding that some of its members or their alternates are not present. A report of the outcome of the consultative proceedings shall be annexed to the draft decision. It shall not be made public.
Article 11
Requests for information
1. In carrying out the duties assigned to it by Article 89 and by provisions adopted under Article 87 of the Treaty, the Commission may obtain all necessary information from the Governments and competent authorities of the Member States and from undertakings and associations of undertakings.
2. When sending a request for information to an undertaking or association of undertakings, the Commission shall at the same time forward a copy of the request to the competent authority of the Member State in whose territory the seat of the undertaking or association of undertakings is situated.
3. In its request the Commission shall state the legal basis and the purpose of the request and also the penalties provided for in Article 15 (1) (b) for supplying incorrect information.
4. The owners of the undertakings or their representatives and, in the case of legal persons, companies or firms, or of associations having no legal personality, the persons authorised to represent them by law or by their constitution shall supply the information requested.
5. Where an undertaking or association of undertakings does not supply the information requested within the time limit fixed by the Commission, or supplies incomplete information, the Commission shall by decision require the information to be supplied. The decision shall specify what information is required, fix an appropriate time limit within which it is to be supplied and indicate the penalties provided for in Article 15 (1) (b) and Article 16 (1) (c) and the right to have the decision reviewed by the Court of Justice.
6. The Commission shall at the same time forward a copy of its decision to the competent authority of the Member State in whose territory the seat of the undertaking or association of undertakings is situated.
Article 12
Inquiry into sectors of the economy
1. If in any sector of the economy the trend of trade between Member States, price movements, inflexibility of prices or other circumstances suggest that in the economic sector concerned competition is being restricted or distorted within the common market, the Commission may decide to conduct a general inquiry into that economic sector and in the course thereof may request undertakings in the sector concerned to supply the information necessary for giving effect to the principles formulated in Articles 85 and 86 of the Treaty and for carrying out the duties entrusted to the Commission.
2. The Commission may in particular request every undertaking or association of undertakings in the economic sector concerned to communicate to it all agreements, decisions and concerted practices which are exempt from notification by virtue of Article 4 (2) and Article 5 (2).
3. When making inquiries pursuant to paragraph 2, the Commission shall also request undertakings or groups of undertakings whose size suggests that they occupy a dominant position within the common market or a substantial part thereof to supply to the Commission such particulars of the structure of the undertakings and of their behaviour as are requisite to an appraisal of their position in the light of Article 86 of the Treaty.
4. Article 10 (3) to (6) and Articles 11, 13 and 14 shall apply correspondingly.
Article 13
Investigations by the authorities of the Member States
1. At the request of the Commission, the competent authorities of the Member States shall undertake the investigations which the Commission considers to be necessary under Article 14 (1), or which it has ordered by decision pursuant to Article 14 (3). The officials of the competent authorities of the Member States responsible for conducting these investigations shall exercise their powers upon production of an authorisation in writing issued by the competent authority of the Member State in whose territory the investigation is to be made. Such authorisation shall specify the subject matter and purpose of the investigation.
2. If so requested by the Commission or by the competent authority of the Member State in whose territory the investigation is to be made, the officials of the Commission may assist the officials of such authorities in carrying out their duties.
Article 14
Investigating powers of the Commission
1. In carrying out the duties assigned to it by Article 89 and by provisions adopted under Article 87 of the Treaty, the Commission may undertake all necessary investigations into undertakings and associations of undertakings. To this end the officials authorised by the Commission are empowered: (a) to examine the books and other business records;
(b) to take copies of or extracts from the books and business records;
(c) to ask for oral explanations on the spot;
(d) to enter any premises ; land and means of transport of undertakings.
2. The officials of the Commission authorised for the purpose of these investigations shall exercise their powers upon production of an authorisation in writing specifying the subject matter and purpose of the investigation and the penalties provided for in Article 15 (1) (c) in cases where production of the required books or other business records is incomplete. In good time before the investigation, the Commission shall inform the competent authority of the Member State in whose territory the same is to be made of the investigation and of the identity of the authorised officials.
3. Undertakings and associations of undertakings shall submit to investigations ordered by decision of the Commission. The decision shall specify the subject matter and purpose of the investigation, appoint the date on which it is to begin and indicate the penalties provided for in Article 15 (1) (c) and Article 16 (1) (d) and the right to have the decision reviewed by the Court of Justice.
4. The Commission shall take decisions referred to in paragraph 3 after consultation with the competent authority of the Member State in whose territory the investigation is to be made.
5. Officials of the competent authority of the Member State in whose territory the investigation is to be made may, at the request of such authority or of the Commission, assist the officials of the Commission in carrying out their duties.
6. Where an undertaking opposes an investigation ordered pursuant to this Article, the Member State concerned shall afford the necessary assistance to the officials authorised by the Commission to enable them to make their investigation. Member States shall, after consultation with the Commission, take the necessary measures to this end before 1 October 1962.
Article 15
Fines
1. The Commission may by decision impose on undertakings or associations of undertakings fines of from 100 to 5000 units of account where, intentionally or negligently: (a) they supply incorrect or misleading information in an application pursuant to Article 2 or in a notification pursuant to Articles 4 or 5 ; or
(b) they supply incorrect information in response to a request made pursuant to Article 11 (3) or (5) or to Article 12, or do not supply information within the time limit fixed by a decision taken under Article 11 (5) ; or
(c) they produce the required books or other business records in incomplete form during investigations under Article 13 or 14, or refuse to submit to an investigation ordered by decision issued in implementation of Article 14 (3).
2. The Commission may by decision impose on undertakings or associations of undertakings fines of from 1000 to 1 000 000 units of account, or a sum in excess thereof but not exceeding 10 % of the turnover in the preceding business year of each of the undertakings participating in the infringement where, either intentionally or negligently: (a) they infringe Article 85 (1) or Article 86 of the Treaty ; or
(b) they commit a breach of any obligation imposed pursuant to Article 8 (1).
In fixing the amount of the fine, regard shall be had both to the gravity and to the duration of the infringement.
3. Article 10 (3) to (6) shall apply.
4. Decisions taken pursuant to paragraphs 1 and 2 shall not be of a criminal law nature.
5. The fines provided for in paragraph 2 (a) shall not be imposed in respect of acts taking place: (a) after notification to the Commission and before its decision in application of Article 85 (3) of the Treaty, provided they fall within the limits of the activity described in the notification;
(b) before notification and in the course of agreements, decisions or concerted practices in existence at the date of entry into force of this Regulation, provided that notification was effected within the time limits specified in Article 5 (1) and Article 7 (2).
6. Paragraph 5 shall not have effect where the Commission has informed the undertakings concerned that after preliminary examination it is of opinion that Article 85 (1) of the Treaty applies and that application of Article 85 (3) is not justified.
Article 16
Periodic penalty payments
1. The Commission may by decision impose on undertakings or associations of undertakings periodic penalty payments of from 50 to 1000 units of account per day, calculated from the date appointed by the decision, in order to compel them: (a) to put an end to an infringement of Article 85 or 86 of the Treaty, in accordance with a decision taken pursuant to Article 3 of this Regulation;
(b) to refrain from any act prohibited under Article 8 (3);
(c) to supply complete and correct information which it has requested by decision taken pursuant to Article 11 (5);
(d) to submit to an investigation which it has ordered by decision taken pursuant to Article 14 (3).
2. Where the undertakings or associations of undertakings have satisfied the obligation which it was the purpose of the periodic penalty payment to enforce, the Commission may fix the total amount of the periodic penalty payment at a lower figure than that which would arise under the original decision.
3. Article 10 (3) to (6) shall apply.
Article 17
Review by the Court of Justice
The Court of Justice shall have unlimited jurisdiction within the meaning of Article 172 of the Treaty to review decisions whereby the Commission has fixed a fine or periodic penalty payment ; it may cancel, reduce or increase the fine or periodic penalty payment imposed.
Article 18
Unit of account
For the purposes of applying Articles 15 to 17 the unit of account shall be that adopted in drawing up the budget of the Community in accordance with Articles 207 and 209 of the Treaty.
Article 19
Hearing of the parties and of third persons
1. Before taking decisions as provided for in Articles 2, 3, 6, 7, 8, 15 and 16, the Commission shall give the undertakings or associations of undertakings concerned the opportunity of being heard on the matters to which the Commission has taken objection.
2. If the Commission or the competent authorities of the Member States consider it necessary, they may also hear other natural or legal persons. Applications to be heard on the part of such persons shall, where they show a sufficient interest, be granted.
3. Where the Commission intends to give negative clearance pursuant to Article 2 or take a decision in application of Article 85 (3) of the Treaty, it shall publish a summary of the relevant application or notification and invite all interested third parties to submit their observations within a time limit which it shall fix being not less than one month. Publication shall have regard to the legitimate interest of undertakings in the protection of their business secrets.
Article 20
Professional secrecy
1. Information acquired as a result of the application of Articles 11, 12, 13 and 14 shall be used only for the purpose of the relevant request or investigation.
2. Without prejudice to the provisions of Articles 19 and 21, the Commission and the competent authorities of the Member States, their officials and other servants shall not disclose information acquired by them as a result of the application of this Regulation and of the kind covered by the obligation of professional secrecy.
3. The provisions of paragraphs 1 and 2 shall not prevent publication of general information or surveys which do not contain information of undertakings.
Article 21
Publication of decisions
1. The Commission shall publish the decisions which it takes pursuant to Articles 2, 3, 6, 7 and 8.
2. The publication shall state the names of the parties and the main content of the decision ; it shall have regard to the legitimate interest of undertakings in the protection of their business secrets.
Article 22
Special provisions
1. The Commission shall submit to the Council proposals for making certain categories of agreement, decision and concerted practice falling within Article 4 (2) or Article 5 (2) compulsorily notifiable under Article 4 or 5.
2. Within one year from the date of entry into force of this Regulation, the Council shall examine, on a proposal from the Commission, what special provisions might be made for exempting from the provisions of this Regulation agreements, decisions and concerted practices falling within Article 4 (2) or Article 5 (2).
Article 23
Transitional provisions applicable to decisions of authorities of the Member States
1. Agreements, decisions and concerted practices of the kind described in Article 85 (1) of the Treaty to which, before the entry into force of this Regulation, the competent authority of a Member State has declared Article 85 (1) to be inapplicable pursuant to Article 85 (3) shall not be subject to compulsory notification under Article 5. The decision of the competent authority of the Member State shall be deemed to be a decision within the meaning of Article 6 ; it shall cease to be valid upon expiration of the period fixed by such authority but in any event not more than three years after the entry into force of this Regulation. Article 8 (3) shall apply.
2. Applications for renewal of decisions of the kind described in paragraph 1 shall be decided upon by the Commission in accordance with Article 8 (2).
Article 24
Implementing provisions
The Commission shall have power to adopt implementing provisions concerning the form, content and other details of applications pursuant to Articles 2 and 3 and of notifications pursuant to Articles 4 and 5, and concerning hearings pursuant to Article 19 (1) and (2).
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 6 February 1962.
For the Council
The President
M. COUVE DE MURVILLE |
EEC Council: Regulation No 7a adding certain products to the list in Annex II to the Treaty establishing the European Economic Community
Official Journal 007 , 30/01/1961 P. 0071 - 0072
Finnish special edition: Chapter 3 Volume 1 P. 0003
Swedish special edition: Chapter 3 Volume 1 P. 0003
Danish special edition: Series I Chapter 1959-1962 P. 0065
English special edition: Series I Chapter 1959-1962 P. 0068
Greek special edition: Chapter 03 Volume 1 P. 0003
Spanish special edition: Chapter 01 Volume 1 P. 0017
Portuguese special edition Chapter 01 Volume 1 P. 0017
REGULATION No 7a adding certain products to the list in Annex II to the Treaty establishing the European Economic Community
THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY,
Having regard to the provisions of the Treaty establishing the European Economic Community, and in particular Article 38 (3) thereof;
Having regard to the proposal from the Commission;
Whereas the addition of certain products to Annex II to the Treaty, on which the Council must take a decision within the period and under the conditions laid down in Article 38, will make applicable to those products the special and exceptional arrangements provided for in Articles 38 to 46 of the Treaty ; whereas only agricultural products for which these arrangements are considered necessary should therefore be added to the Annex;
Whereas the colouring or flavouring of sugars, syrups and molasses does not change these products sufficiently for there to be no risk of serious disturbances or fraud, which would be difficult to detect, if the products were made subject to arrangements differing from those governing non-coloured and non-flavoured sugars, syrups and molasses;
Whereas the processing of certain agricultural products into ethyl alcohol has distinct economic implications for these products, whose value it serves to increase substantially ; whereas the arrangements governing ethyl alcohol of agricultural origin cannot be separated from those governing basic products and must be taken into account when a common agricultural policy is established;
Whereas the vinegar market cannot be dissociated from the ethyl alcohol market or from the wine market;
HAS ADOPTED THIS REGULATION:
Article 1
The following products shall be added to the list in Annex II to the Treaty:
Article 2
This Regulation shall enter into force on 31 December 1959.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 December 1959.
For the Council
The President
PELLA |
9.10.1961
EN
Official Journal of the European Union
P 65/1173
DECISION
on the establishment of the ‘Société d'énérgie nucléaire franco-belge des Ardennes’
Joint Undertaking
THE COUNCIL OF THE EUROPEAN ATOMIC ENERGY COMMUNITY,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the provisions of Article 1 of Chapter V of Title II and Article 49 thereof;
Having regard to the Opinion of the Commission;
Having regard to the proposal from the Commission;
Having regard to the report from the Commission;
Whereas the objects of the Société d'énergie nucléaire franco-belge des Ardennes (Sena), a société anonyme established pursuant to the French Ordonnance No 58-1137 of 28 November 1958 are to construct, equip and operate a nuclear power station with a capacity of the order of 200 MWe at Chooz in the Department of the Ardennes, France;
Whereas the company has for this purpose applied for establishment for a period of twenty-five years as a Joint Undertaking.
Whereas the Statutes of the company are compatible with the provisions of the Treaty which relate to Joint Undertakings and whereas, Article 49 of Title IV in particular of those Statutes provides that if the company is established as a Joint Undertaking it shall be governed by the provisions of the Treaty, by acts adopted in implementation thereof, and in particular by this Decision;
Whereas it is advisable in order to raise the standard of living of the peoples of the Community rapidly to build up a powerful nuclear industry in order to have the necessary resources of energy available in good time;
Whereas, notwithstanding the economic risks at present inherent in such an undertaking, it is important that there should be established from now onwards large nuclear power stations incorporating all the progress achieved hitherto;
Whereas the project put forward by Sena is therefore, at the present stage of the application of nuclear techniques to the production of energy, of prime importance to the development of the nuclear industry in the Community;
HAS DECIDED AS FOLLOWS:
Article 1
The Société d'énergie nucléaire franco-belge des Ardennes (Sena) is hereby established as a Joint Undertaking within the meaning of the Treaty for a period of twenty-five years from the date of entry into force of this Decision.
The objects of Sena are to construct, equip and operate a nuclear power station with a capacity of the order of 200 MWe at Chooz in the Department of the Ardennes, France.
Article 2
The Statutes of Sena annexed to this Decision are hereby approved.
Article 3
If the advantages conferred on Sena by special Decision of the Council, pursuant to Annex III to the Treaty, are completely withdrawn before the expiry of the period referred to in Article 1, the Council shall at the same time withdraw the status of Joint Undertaking from Sena by a Decision which shall be published.
Article 4
This Decision shall be published in the Official Journal of the European Communities. It shall enter into force on the date of its publication.
Done at Brussels, 9 September 1961.
For the Council
The President
S. BALKE
ANNEX
STATUTES OF THE ‘SOCIÉTÉ D'ÉNERGIE NUCLÉAIRE FRANCO-BELGE DES ARDENNES’
TITLE I
Objects — Name — Seat — Duration
Article 1
A société anonyme is hereby formed by and between the owners of the shares created below, and of the shares which may be created in the future.
This company is established pursuant to Ordonnance No 58-1137 of28 November 1958 and shall be governed by that Ordonnance, by these Statutes and by the laws relating to sociétés anonymes in so far as the provisions of such laws do not conflict with the provisions of the Ordonnance of 28 November 1958.
Article 2
Objects
The objects of the company are, within the framework of the Euratom programme, to construct in the territory of Metropolitan France the Chooz (Ardennes) Nuclear Power Station and to equip and operate that power station; and generally, to perform all commercial, industrial, real estate and financial operations relating directly or indirectly to those objects, and in particular to train specialists to operate nuclear power stations.
Article 3
Activities of the company
The proportion of energy produced by the Chooz Power Station which corresponds to the holding of the shareholders in the capital of the company, whether natural or legal persons, who are nationals of foreign countries signatories of the Euratom Treaty shall be made available to such persons or to groups thereof.
The operation of the Chooz Power Station installations shall be undertaken by Electricité de France, service national.
Transmission of energy to other countries shall be via the grid under concession to Electricité de France, service national, up to the frontiers at which delivery is effected.
Article 4
Name
The name of the company is Société d'énergie nucléaire franco-belge des Ardennes.
Article 5
Seat
The seat of the company shall be at 68, rue du Faubourg-Saint-Honoré, Paris (8e). It may be transferred to any other place in the same city by resolution of the Board of Directors, or to any other place in France by resolution of an extraordinary general meeting of the shareholders.
Article 6
Duration
The company is formed for a period commencing on the date on which it is definitively established and ending on 31 December 2058, unless previously dissolved or extended as provided for in these Statutes.
TITLE II
Capital — Shares
Article 7
Capital
The capital of the company is 1 000 000 New Francs, divided into 10 000 shares of 100 New Francs, of which 5 000 shall be Class A shares and 5 000 Class B shares.
The capital may be increased or reduced subject to the following conditions:
—
Ownership of Class A shares shall be restricted, in accordance with Ordonnance No 58-1137 of 28 November 1958, to Electricité de France, service national. Ownership of Class B shares shall be restricted to nationals, whether natural or legal persons, of foreign countries signatories of the Euratom Treaty.
Article 8
Increase or reduction of capital
The capital of the company may be increased from time to time by the creation of new shares representing contributions in kind or in cash, or by capitalisation of profits, provisions or reserves and allotment of such new shares to the shareholders credited as fully paid up or increase of the nominal value of the existing shares, all of which operations shall be by resolution of an extraordinary general meeting passed in accordance with Article 40. The same meeting shall fix the terms of issue of the new shares or of the increase in nominal value of the existing shares, or shall delegate its powers for this purpose to the Board of Directors.
Increases of capital may be effected by creation of either ordinary shares or preference shares which confer certain advantages over other shares or prior rights either to the profits or to the assets of the company or to both.
Whenever the capital is increased by the issue of shares for cash, an equal number of Class A and Class B shares shall be issued, so that the number of Class A shares is always the same as that of Class B shares.
Electricité de France shall, pursuant to Ordonnance No 58-1137 of28 November 1958, subscribe all the new Class A shares issued so as to maintain its 50 % shareholding in the capital of the company.
Shareholders, whether natural or legal persons, who are nationals of foreign countries signatories of the Euratom Treaty shall have a preferential right to subscribe in proportion to the nominal amount of their shares for new Class B shares that are to be issued, which right shall be exercised in such manner and within such time as the Board of Directors shall determine.
This right shall be freely transferable and negotiable subject to Article 11, those shareholders whose shareholdings are such that they are unable to acquire a new share or an exact number of shares shall be entitled to combine to exercise their rights but in no case shall a joint subscription result therefrom.
Where the capital is increased to represent contributions in kind to the company by shareholders, whether natural or legal persons, who are nationals of foreign countries signatories of the Euratom Treaty, and new B shares to the amount thereof are created, this increase shall be matched by a second increase of capital, either by the creation of A shares for contribution in cash by Electricité de France or by creation of A shares for allotment to that institution in consideration of contributions in kind, or by a combination of these two methods of increasing the capital. This second increase of capital, being effected for the purpose of maintaining the proportion of the capital held by Electricité de France must, irrespective of the method employed, be equal to the increase of capital which it offsets.
Conversely, where the capital is increased to represent contributions made in kind to the company by Electricité de France and new A shares to the amount thereof are created, the increase shall be matched by a second increase of the same amount. This increase shall consist of B shares reserved exclusively for shareholders who are nationals of foreign countries signatories of the Euratom Treaty and it shall represent contributions made by them in cash or in kind. The general meeting may also, by resolution passed as provided above, reduce the capital of the company, for any reason whatsoever. This reduction may in particular be effected by repayment to the shareholders, purchase and cancellation of the shares of the company, or exchange of existing shares for new shares, equal or less in number, which may or may not have the same nominal value, provided the number of Class A shares is always equal to the number of Class B shares.
Resolutions of an extraordinary general meeting concerning any increase or reduction of capital referred to in this Article shall not, in any case or for any reason whatsoever, derogate from the principle enunciated in the first paragraph of Article 7.
Further, the various provisions contained in this Article shall not affect the preferential right of subscription of shareholders as provided for in Article 1 of the Décret-loi of 8 August 1935.
Article 9
Calls on shares
The amount of the shares subscribed shall be payable, either at the seat of the company or at any other place appointed for the purpose, as follows:
—
not less than one-fourth at the time of subscription;
—
the balance within a period of not more than five years, in one or more instalments, according to the requirements of the company, at such times and, in such proportions as shall be determined by the Board of Directors.
Notice of calls shall in each case be served on shareholders by registered letter, with advice of delivery, one month before the time fixed for such payment.
Subscriptions for shares upon which the payment due at the time of subscription has not been made may be deemed void if no action has been taken within eight days after service of notice by registered letter.
Any share certificate not duly marked to show that payments due in respect thereof have been paid shall cease to be negotiable and no dividend shall be paid thereon.
Shareholders, intermediate transferees and subscribers shall be jointly and severally liable for the amount of the share. However, any subscriber or shareholder who has transferred his certificate shall, two years after the transfer, cease to be liable for calls not yet made.
If the sum called in respect of a share is not paid at the times aforesaid, interest shall fall due at the rate of 7 % per annum for each day of delay in payment without the need for action at law.
If the amounts due on shares are not paid within the period specified at the time of the call, the company may, in the case of Class B shares, eight days after serving notice upon the defaulting shareholder by registered letter requiring him to pay the sums due from him by way of principal and interest, notify him that the company will cause the sale of the shares upon which the calls have not been paid.
If the company has notified its intention to sell shares which have not been paid up, the numbers of such shares shall, if no action has been taken within eight days following the notification, be published in the form of a notice appearing in a publication which carries legal notices in the place at which the company has its seat. Fifteen days after such publication, which shall prevent the transfer of such shares, the Board of Directors, which shall have all the necessary powers therefor, shall be entitled, without serving any other notice or observing any other formality, to cause the shares in respect of which the owners have not fulfilled their obligations to be sold as shares on which the calls made have been paid. Such shares may be sold in one block or singly, in several lots, for the account and at the risk of the persons in arrears, by auction through the agency of a notary at a price fixed by the company and reducible without limit. Only holders of Class B shares shall be permitted to bid if the shares can be sold at a price which ensures that the company will receive the whole of the sums due from the defaulting shareholder. If no bid reaches that figure, bidding shall be open to persons who are not members of the company, provided they are nationals of foreign countries signatories of the Euratom Treaty. Certificates of Class B shares thus sold shall automatically become void and new certificates bearing the same share numbers shall be issued to the purchasers. The net proceeds of sale shall be received by the company in full and shall be applied in accordance with the law in payment of what is owed to the company by way of principal and interest by the defaulting shareholder, who shall be liable for any deficiency or entitled to any surplus.
The company may also take personal action against the shareholder and his sureties either before, after or during the sale.
Such action for payment shall lie only in the case of Class A shares.
Where shares which have not been fully paid up by their owners within the appointed time are sold at the request of the company, the principle laid down in Ordonnance No 58-1137 of 28 November 1958 and reproduced in Article 7 of these Statutes shall not be infringed.
Article 10
Form of shares
Shares shall be and shall continue to be registered even after they have been fully paid up.
The first payment made in respect of shares issued for cash shall be recorded in a receipt bearing the name of the payer, which shall, within two months after definitive establishment of the company or completion of an increase of capital, be exchanged for a provisional certificate, which shall be made out in the name of the payer.
All subsequent payments, save the final one, shall be recorded on that provisional certificate.
The first payment made in exchange for the definitive certificate.
Provisional and definitive share certificates shall be extracts from registers containing counterfoils and shall bear serial numbers, the seal of the company and the signatures of two Directors or of one Director and a person appointed by the Board of Directors, one of the two signatures, if that of a Director, being if so desired either printed at the same time as the certificate or affixed by means of a stamp.
Article 11
Transfer of shares
Class A shares owned by Electricité de France, service national, and rights attached thereto, in particular rights of subscription and allotment, shall be non-transferable.
Class B shares of the company and rights of subscription or allotment attached to such shares may be transferred only to natural or legal persons who are nationals of foreign countries signatories of the Euratom Treaty, irrespective of the manner in which the transfer is effected and whether or not for valuable consideration. The same shall apply to transfer of such shares inter vivos or on death.
If the transferee is or the transferees are already shareholders of the company, there shall be no restriction on transfer.
If, on the other hand, the transferee is not yet a shareholder of the company, the transferor shall by registered letter inform the company of the transfer proposal, stating the surname, first names, occupation, nationality and fixed address of the transferee if a natural person, or the nationality, name and company seat if a legal person, and the total number and serial numbers of the shares to be transferred.
Within twenty days after receipt of such letter, the Board of Directors shall by majority vote accept or reject the proposed transferee; no reason shall be given for its decision, nor may any claim be made in respect of a rejection. The transferor shall be notified of the decision within five days by registered letter.
If the proposed transferee is not approved and the transferor does not, within ten days of being notified thereof, withdraw the transfer proposal, the Board of Directors shall inform all other holders of Class B shares by registered letter that they have the right, within twenty days from the date of dispatch of the letters, to purchase the shares which it is proposed to transfer and to do so, save as otherwise agreed between them, in proportion to the number of shares owned by each of them; the price shall, save where agreement has been reached by the persons concerned, be determined by two experts, one of whom shall be appointed by the transferor and the other by the Board of Directors, it being understood that these experts shall, if necessary, appoint a third expert, whose decision shall be final, provided that if one of the parties refuses to appoint an expert or if the experts appointed do not reach agreement upon the appointment of a third expert, such appointment or appointments shall, at the request of the first party to make application, be made by the President of the Commercial Court in the place in which the seat of the company is situate.
If no shareholder is prepared to purchase such shares, the Board of Directors may designate as purchaser a person who is not a member of the company, provided that he is a national of a foreign country signatory of the Euratom Treaty, who shall purchase the shares at a price which shall be fixed in manner described above.
If the Board of Directors has not designated a purchaser within twenty days after the expiry of the first specified period, the transfer or transmission for which approval was sought shall be given effect in the registers of the company.
In the various cases referred to above, transfer into the name of the transferee or transferees may be effected by the Board of Directors on its own initiative, without the signature of any transferor being necessary.
Article 12
Indivisibility of shares
Shares are indivisible as regards the company.
Joint holders shall be represented in relation to the company by only one of their number.
The legal owner or owners shall be validly represented in relation to the company by the holder of a beneficial life interest.
Article 13
Rights attached to shares
Each share shall carry the right to a share in the assets of the company proportional to the share of capital of the company which it represents.
It shall further carry the right to a share in the profits, as stipulated in Article 44.
The rights and obligations attached to a share shall pass to the acquirer thereof, whoever he may be. Ownership of a share shall automatically imply acceptance of the Statutes of the company and of the resolutions passed by the general meeting.
The heirs or creditors of a shareholder may not, on any pretext whatsoever, demand that seals be affixed to the property and documents of the company, nor shall they interfere in any way in its administration; in order to exercise their rights, they shall refer to the schedules of assets and liabilities of the company and to the resolutions of the general meeting.
Article 14
Liability of shareholders
Shareholders shall be liable only up to the amount of the shares which they own and any calls in excess of that amount shall be prohibited.
TITLE III
Administration of the Company
Article 15
Composition of the Board of Directors
The company shall be administered by a Board composed of an even number of Directors which shall not be less than four nor more than twelve, half of whom shall represent Electricité de France and the other half the Class B shareholders.
The Directors representing Electricité de France shall be appointed by that establishment.
The Directors representing the Class B shares shall be elected by the general meeting of shareholders; Electricité de France shall not take part in such election.
A company which acts as a Director shall be represented by its manager or one of its managers its président-directeur général or his deputy, or by an agent specially appointed for the purpose.
Article 16
Qualification shares
Each Director representing Class B shareholders shall hold at least one share throughout his term of office.
That share shall be applied entirely as security for acts of administration, including any which may be exclusively personal acts of a Director. It shall be inalienable and it shall be stamped to the effect that it is inalienable and deposited in the custody of the company.
The qualification shares of the Directors appointed by Electricité de France, service national, shall be deposited by that establishment.
Article 17
Terms of office of Directors — Retirement and replacement
The term of office of a Director shall be.six years (a year here meaning the period between two consecutive annual ordinary general meetings), save where the following provisions apply:
—
The first Board of Directors shall remain in office until the ordinary general meeting which considers the accounts for the fifth financial year of the company and which will replace the whole Board.
—
Thereafter a number of the Directors shall retire and be replaced at the annual meeting, that number being in proportion to the number of Directors for the time being in office. Such retirement and replacement shall take place once every period of a year or two years, these periods alternating, if necessary, in such a way that the replacement process is as regular as possible and in any case complete after every period of six years, but also that the requirements of Article 15 are at all times complied with.
—
When this provision is brought into operation, the order of retirement shall be determined by lot at a meeting of the Board; once the order of rotation has been established, the Directors shall retire and be replaced in the order of their seniority of office, and the term of office of each Director shall be six years.
—
Retiring Directors shall be eligible for re-election.
Article 18
Temporary appointments
Where the Board comprises less than twelve members, it may make up the number if it considers this desirable in the interests of the company, but it must at all times comply with the requirements of Article 15.
In such a case, the temporary appointments made by the Board shall be submitted for confirmation to the next following general meeting, which shall fix the terms of office of the new Directors.
If a vacancy occurs in the intervening period between two general meetings, the Board may temporarily fill such vacancy but it must at all times comply with the requirements of Article 15.
The next following general meeting shall elect a permanent successor. A Director appointed to replace another shall hold office only for the remainder of the term for which his predecessor was elected.
If such temporary appointments are not confirmed by the general meeting, resolutions passed and acts done by the Board continue nevertheless to be valid.
Article 19
Officers
The Board shall appoint from among its members a Chairman and a Vice-Chairman, who may be elected for their full terms of office as Directors, subject to resignation or dismissal.
The Chairman shall be of French nationality and shall be elected from the Directors appointed by Electricité de France.
The Vice-Chairman shall be elected from the Directors representing the foreign shareholders.
Whenever the Chairman and Vice-Chairman are absent from a meeting, the Board shall appoint one of the members present to take the chair.
The Board shall also appoint a Secretary, who need not be a shareholder.
Article 20
Proceedings of the Board
The Board of Directors shall meet when convened by the Chairman, or upon requisition by one-third of its members, as often as the interests of the company so require; such meetings shall be held either at the seat of the company or at such other premises or place as may be stated in the notice convening the meeting, which shall also contain a summary agenda for the meeting.
A Director may, exceptionally, vote by post on matters specified in advance. He may also, even by letter or. telegram, appoint one of his colleagues to act as his proxy at any meeting; a Director may not, however, act as proxy for more than one of his colleagues.
Resolutions shall be valid only if not less than half the members in office are present in person or by proxy. Furthermore, there shall, in any event, be at least two Directors present in person.
Resolutions shall be passed by a majority of the votes of the members present in person or by proxy. However, resolutions relating to investment of available moneys, authorisation of loans and advances, sureties and guarantees of bills of exchange, borrowings by arranging of credit facilities or otherwise, methods of implementing loans auhorised by the general meeting pursuant to Article 39 of these Statutes, orders in excess of 400 000 New Francs, acquisitions, exchanges of immoveable property or of rights therein, and the sale of such property and rights as are no longer required, the formation of any company or firm and the contribution of assets or any company or firm already existing shall be valid only if passed by a majority of two-thirds of the votes of members present in person or by proxy.
Each Director shall have one vote, save where he acts as proxy for one of his colleagues, in which case he shall have two votes. In the case of equality of votes, the Chairman of the meeting shall have a casting vote. If, however, by reason of the number of Directors in office, the Board may pass valid resolutions with only two of its members present in person and no other Director has appointed a proxy, resolutions shall be passed by unanimous vote.
The entries in the minutes of each meeting and in the extracts thereof showing the names of the Directors present in person or by proxy and to those absent and not so represented, shall constitute adequate proof to third parties of the number and appointment of the Directors in office and of the powers of Directors who have been authorised by absent colleagues to represent them.
Article 21
Minutes of meetings
Proceedings of the Board of Directors shall be recorded in minutes, which shall be kept in a special minute-book and signed by the Chairman of the meeting and the Secretary or by two Directors.
Copies or extracts of such minutes for production in a court of law or elsewhere shall be certified by a Director, which Director need not have been present at the relevant meeting.
Article 22
Powers of the Board of Directors
The Board of Directors shall have full power to act on behalf of the company and to perform or authorise any or all acts and transactions relating to the objects of the company, save as reserved to the ordinary general meeting or to any extraordinary general meeting.
It shall in particular have the following powers, which are given by way of illustration only and are not exhaustive, and which in order to be validly exercised must comply with the provisions of Article 20 as regards majority voting:
—
to enter into contracts with Electricité de France, service national, for the operation of installation for producing electricity from nuclear energy;
—
to represent the company in dealings with third parties and with any or all public and private authorities and agencies, in particular tax, customs, postal and telegraph authorities, and railway, navigation and transport companies;
—
to appoint and dismiss employees of the company, and to fix their salaries, wages and bonuses, and all other conditions governing their appointment and dismissal, in accordance with the Statut national de personnel des industries électriques et gazières;
—
to set up, transfer or close down administrative or operational centres, or agencies, depots, offices or branches wherever it may think fit, whether in France or abroad;
—
to confer on one more persons, subject to the provisions of law, such powers as it may think fit, including the right to delegate in part their authority, concerning the technical and commercial management of the company, and to enter into contracts or arrangements with such persons concerning their terms of office and the scope of their functions. It may also, subject as aforesaid, confer powers for one or more purposes specifically on such persons as it may think fit, and set up such technical or advisory boards or committees as it may consider appropriate;
—
to determine the emoluments of whatever nature of the various persons and committees appointed by the Board to carry out certain duties or tasks, which emoluments shall be paid for from the general expenses account;
—
to fix the general administrative expenses and procure supplies of any kind;
—
to receive moneys due to the company, to pay moneys due from the company, and to settle accounts;
—
to take decisions concerning the investment of available moneys and the use of reserve funds;
—
to contract or cancel any policies or contracts of insurance concerning risks of any kind;
—
to draw, endorse, accept, negotiate and pay bills of exchange;
—
to enter into and authorise agreements, transactions and ventures, at a fixed price or otherwise, on a cash or forward basis, which come within the objects of the company;
—
to effect or authorise acquisitions, withdrawals, transfers, disposals and deposits of fixed-interest or other securities or claims and rights in respect of moveable property;
—
to grant or take, transfer or cancel leases and tenancies, with or without any promise to sell;
—
to take decisions concerning and to carry out acquisitions or exchanges of immoveable property and rights in such property, and to sell any such immoveable property or such rights as may no longer be required;
—
to carry out operations of construction, equipment and installation, and any other works;
—
to open with banks or credit institutions, in particular the Banque de France, or postal cheque offices, any current accounts, secured loan accounts or deposit accounts and to draw cheques and bills for the purpose of operating such accounts;
—
to authorise loans and advances, and to give sureties and guarantees of bills of exchange;
—
to contract loans by arranging credit facilities or otherwise, save that loans in the form of bonds or debentures shall require authorisation by the general meeting of shareholders;
—
to give security comprising moveable or immoveable property, and in particular mortgages and pledges of the property of the company;
—
to form or participate in the formation of any companies or firms, to contribute assets to any company or firm which has been or is about to be established in so far as this does not involve any amendment of the objects of the company, to subscribe, purchase and transfer shares, debentures, founder shares and any rights whatsoever, and to cause the company to participate in any other enterprises or syndicates;
—
to undertake actions at law, whether as plaintiff or defendant;
—
to represent the company in proceedings in respect of insolvency, management of the affairs by the court, or winding up;
—
to effect or authorise arrangements, transactions, compounding with creditors, submission to judgment or withdrawal from suit, delegation, concession of priority and subrogation, with or without surety, and cancellations of mortgage registrations, attachments, objections and other impediments before or after payment;
—
to draw up the financial statements, schedules of assets and liabilities and accounts and take decisions concerning the proposals for submission to the general meeting of shareholders to be put to, and the agenda for, that meeting.
Article 23
General Management
The Chairman of the Board of Directors, who shall be a natural person, shall be responsible for the general management of the company. On a proposal from the Chairman, the Board may appoint to assist him either one of its members or an agent not chosen from among its members, who shall have the capacity of General Manager.
The Board of Directors shall confer upon its Chairman and, where appropriate, upon the General Manager appointed by the Board to assist him, such powers as are required for the proper conduct of the day-to-day business of the company, which may include power to delegate their authority in part.
If the Chairman is prevented from performing his duties of general management, he may delegate some or all of such duties to Directors representing Electricité de France. Such delegation shall in every case be given for a limited period but may be extended. If the Chairman is unable for the time being to effect such delegation, the Board may do so on its own initiative subject to the same conditions.
The fixed and proportional remuneration paid to the Chairman for carrying out his duties of general management and where appropriate, to the General Manager appointed to assist him and, if necessary, to the Director to whom duties have been delegated pursuant to the preceding paragraph, shall be determined by the Board of Directors and shall be charged to the general expenses account.
The Chairman of the Board may, subject to the conditions laid down by law, form a committee to examine such questions as he may submit to it, the members of which may receive special remuneration therefor.
Article 24
Signature of documents
All documents concerning the company which have been resolved upon or authorised by the Board shall be signed either by the Chairman of the Board, the General Manager, if one has been appointed to assist the Chairman, or any agent who has been empowered to sign by either the Chairman, the General Manager or the Board of Directors.
Article 25
Contracts with Directors
Authorisation in accordance with the laws in force shall be required for the making of any contract between the company and one or more of its Directors or with an undertaking of which one of the Directors of the company is the owner, personally liable as a partner, chief executive, director or manager.
Article 26
Accountability of Directors
The Chairman and the other Directors shall be accountable for the performance of their duties in the manner required by the laws in force.
Article 27
Remuneration of Directors
Apart from the special remuneration provided for in Articles 22 and 23, the Directors may receive by way of attendance fees an allowance the amount of which as determined by the general meeting shall remain unchanged until otherwise resolved by that meeting and shall be apportioned by the Board among its members as it thinks fit.
TITLE IV
Auditors
Article 28
Appointment and duties
The general meeting shall appoint, for such term and in such manner as the laws in force require, one or more Auditors, who may or may not be shareholders, to perform the duties assigned to them by those laws.
Auditors shall be eligible for re-election.
They shall have the right to convene a general meeting in cases of urgency.
If the general meeting has appointed two or more Auditors, one of them may act alone in the event of death, resignation, refusal to act or unavailability of the other Auditor or Auditors, provided he fulfils all the relevant conditions laid down by the laws in force.
The Auditors shall receive a remuneration the amount of which as determined by the general meeting shall remain unchanged until otherwise resolved by that meeting.
TITLE V
General meetings
SECTION I
Provisions applicable to both ordinary and extraordinary general meetings
Article 29
Convening of general meetings
The shareholders shall each year be convened by the Board of Directors to a general meeting which shall be held not later than six months after the end of the financial year at a place, date and hour of meeting stated in the notice.
An extraordinary general meeting may be convened either by the Board of Directors or, in urgent cases, by the Auditors. The Board shall, in cases other than those provided for in Article 41, convene a general meeting within one month upon requisition by shareholders representing not less than one-quarter of the capital.
Subject to the provisions of Article 41 concerning an extraordinary general meeting at the first session of which a quorum is not present, general meetings shall be convened at not less than fifteen days' prior notice either by publication in the form of a notice appearing in a publication which carries legal notices in the place at which the company has its seat or by registered letter addressed to each of the shareholders. This period may be reduced to eight days in cases where an ordinary meeting is convened extraordinarily or a second notice is given.
The notice shall state briefly the object of the meeting.
Article 30
Conditions of admission
Persons who have held shares for not less than five days before the date of a meeting may, without any preliminary formalities, attend that meeting or appoint a proxy to represent them thereat.
No person may represent a shareholder at a meeting unless he is himself a member of the meeting or the lawful representative of a member thereof. The legal owner shall be validly represented by the holder of a beneficial life interest.
A company or firm may validly be represented by its manager or one of its managers, its président-directeur général or his deputy, or any agent specially appointed for the purpose who need not personally be a shareholder of this company.
The power of attorney shall be determined by the Board of Directors.
Article 31
Composition
The general meeting (ordinary or extraordinary) shall comprise all the shareholders, irrespective of the number of shares they hold, provided the amounts due thereon have been paid in full.
Article 32
Voting power
At all general meetings (ordinary or extraordinary), the voting right attached to the shares shall be subject only to the restriction specified in Article 27 of the Law of 24 July 1867 and shall be proportionate to the share of capital that they represent respectively, each share carrying not less than one vote.
Article 33
Officers of the Meeting
The Chairman of the Board of Directors shall preside at the meeting or, in his absence, the Vice-Chairman of that Board, and in the absence of the Vice-Chairman also, a Director designated for that purpose by the Board.
The duties of scrutineer shall be performed by the two shareholders present and willing who represent, whether in person or by proxy, the greatest number of shares.
The officers shall appoint the Secretary, who need not be a shareholder.
A list of persons present shall be prepared, stating the names and fixed addresses of the shareholders present in person or by proxy and the number of shares owned by each of them. It shall be duly signed by the shareholders present and by the agents of shareholders who have appointed proxies, certified by the officers and lodged at the seat of the company, where it may be consulted by any person so requesting.
Article 34
Agenda
The agenda shall be drawn up by the Board of Directors if the meeting is convened by the Board, and by the Auditors if the meeting is called by the Auditors.
It shall contain only proposals from the Board or the Auditors and proposals which come within the competence of the general meeting and have been forwarded to the Board at least six days before the date of the notice convening the meeting and bear the signatures of members of the meeting representing not less than one-quarter of the capital.
No items other than those on the agenda shall be considered.
Article 35
Minutes
Proceedings of the general meeting shall be recorded in minutes, which shall be kept in a special minute-book and signed by all or at least a majority of the officers.
Copies or extracts of such minutes for production in a court of law or elsewhere shall be certified by a Director.
After dissolution and during the winding up of the Company, such copies or extracts shall be signed by the liquidator or one of the liquidators.
Article 36
Effect of resolutions
A general meeting duly constituted shall represent the entire body of shareholders. It may be an ordinary or an extraordinary general meeting provided it fulfils the necessary conditions.
Resolutions passed by a general meeting in accordance with the law and these Statutes shall be binding upon all shareholders, including absent or dissenting shareholders.
SECTION II
Ordinary general meetings
Article 37
Quorum
An ordinary general meeting (whether annual or convened extraordinarily) shall be validly held only if the number of shareholders comprising it represents not less than one-quarter of the capital. This quorum shall be calculated by reference to the total shares forming the capital, less those in respect of which, pursuant to any law or regulation, there is no right of vote.
If the quorum of one-quarter is not attained, the general meeting shall be convened afresh in the manner provided in Article 29.
The proceedings at the second general meeting shall be valid irrespective of the number of shares represented, but resolutions passed thereat shall relate only to items on the agenda for the first meeting.
Article 38
Majority
Resolutions of an ordinary general meeting shall be passed by a majority of the votes of members present in person or by proxy, the number of votes to which each member is entitled being calculated as specified in Article 32.
Abstentions shall not be counted in the vote.
Article 39
Powers
The ordinary general meeting (whether annual or convened extraordinarily) shall hear the report of the Board of Directors on the business of the company and also the reports of the Auditor or Auditors.
It shall:
—
discuss and approve or rectify the accounts, and fix the dividend to be distributed;
—
appoint the Directors and Auditors;
—
fix, where appropriate, the allowance which may be received by the Board of Directors by way of attendance fees and the allowances to be paid to the Auditors;
—
take decisions on any other proposals on the agenda which are not within the competence of an extraordinary general meeting; and
—
confer on the Board of Directors the necessary authority to deal with cases in respect of which the powers conferred upon the Board may be inadequate, and in particular authorise the contracting of loans by the issue of bonds or debentures, whether secured by mortgage or not.
The resolution approving the balance sheet and accounts shall not be passed until after the reports of the Auditor or Auditors have been heard. Otherwise it shall be invalid.
SECTION III
Extraordinary general meetings
Article 40
Majority
Resolutions of an extraordinary general meeting shall be passed by a majority of two-thirds of the members present in person or by proxy, the number of votes to which each member is entitled being calculated as specified in Article 32, the conditions as to quorum being contained in Article 41.
Article 41
Powers — Quorum — Notice of meetings
Subject to approval in manner required under Ordonnance No 58-1137 of 28 November 1958, second paragraph of Article 1, an extraordinary general meeting may, but only on the initiative and proposal of the Board of Directors, effect any amendments whatsoever to the Statutes, provided such amendments are permitted by company law.
It may, in particular, do all or any of the following things, the list being in no way exhaustive:
—
resolve to increase the capital or authorise an increase thereof, in accordance with the conditions contained in Article 8;
—
resolve to reduce the capital;
—
resolve that the capital be divided into shares of a nominal value different from that of the existing shares, and that the shares be consolidated, involving, if appropriate, the obligation to transfer or purchase existing shares so that one or other of these transactions may be effected;
—
resolve to change the name and to transfer the seat of the company to any place outside Paris;
—
resolve upon any alteration of the form in which and the conditions upon which shares may be transferred;
—
resolve that the period for which the company is being formed be extended or reduced;
—
resolve that the company be subject to any new law which has not been declared retrospective;
—
resolve that the company be dissolved before the period for which it is formed has expired, or that it be amalgamated with one or more companies already existing or to be established pursuant to Ordonnance No 58-1137 of 28 November 1958;
—
resolve that the objects of the company be altered, in particular as regards their extension or restriction, and decide on the distribution of the profits and assets of the company.
An extraordinary general meeting shall also be required to verify the capital subscribed in kind and any special rights granted.
In all cases mentioned above, and when required to pass resolutions concerning alterations relating to the objects of the company, an extraordinary general meeting shall be duly constituted, and may be duly held, only if not less than one-half of the capital is represented. However, for purposes of verification of the contribution in kind and of the special rights that are submitted to the meeting for approval, the capital that must be represented shall not include shares owned by the persons who made such contributions in kind or stipulated for such rights.
If the first notice of meeting fails to produce a quorum of one-half of the capital, the meeting shall be reconvened in the manner prescribed by these Statutes by two notices, one in the Bulletin des annonces légales obligatoires and the other in a publication which carries legal notices issued in the Department in which the company has its seat. The second notice of meeting shall state the agenda, the date and the result of the preceding meeting. This second meeting may not take place earlier than ten days after publication of whichever of the second notices is published last. The proceedings shall be valid if the meeting comprises shareholders representing not less than one-third of the capital.
If less than one-third of the capital is represented at this second meeting, a third such meeting may be convened by notice published in the Bulletin des annonces légales obligatoires and in a publication which carries legal notices issued in the Department in which the company has its seat, and by two notices inserted at an interval of one week in a daily newspaper published or circulating in the Department in which the company has its seat or, in lieu of these two notices, by registered letters addressed to all shareholders. The notices and the registered letters shall state the agenda, the dates and the results of the preceding meetings. The third meeting may not take place earlier than ten days after publication of whichever of the notices is published last or after dispatch of the registered letters. The proceedings shall be valid if the meeting comprises shareholders representing not less than one-quarter of the capital.
Failing such quorum, this third meeting may be postponed to a date not more than two months later than that for which it was convened. The postponed meeting shall be convened and held in the manner prescribed above and the proccedings shall be valid only if the meeting comprises shareholders representing not less than one-quarter of the capital.
In all the meetings provided for in this Article, the quorum shall be calculated in the manner specified in Article 37.
The texts of the proposed resolutions shall be available to shareholders at the company seat not less than fifteen days before the date for which the first meeting has been convened.
TITLE VI
Schedule of assets and liabilities — Distribution of Profits
Article 42
Financial year
The financial year shall run from 1 January to 31 December. By way of exception, the first financial year shall run from the date of establishment of the company to 31 December 1960.
Article 43
Schedule of assets and liabilities
A schedule of the assets and liabilities of the company shall be drawn up each year, in accordance with the laws in force. In the schedule, the values of the assets shall be shown net of the depreciation determined by the Board of Directors.
The Board shall further draw up a profit and loss account and a balance sheet and shall present to the shareholders a report on the activities of the company during the preceding financial year.
The schedule of assets and liabilities, the balance sheet and the profit and loss account shall be made available to the Auditors not later than the fortieth day before the date of the general meeting, at which they shall be duly presented.
Any shareholder may exercise the right of perusal in the manner specified in Article 35 of the Law of 24 July 1867.
Article 44
Distribution of profits
The revenue of the company as shown in the annual schedule of assets and liabilities, less general expenses, social security charges, depreciation of the assets of the company and all provisions for contingencies, shall constitute the net profit.
From this net profit there shall be deducted:
1.
5 % to make up the reserve fund prescribed by law. This deduction shall cease to be compulsory when the reserve fund has reached an amount equal to one-tenth of the capital. It shall be reintroduced if, for any reason whatsoever, the reserve has fallen below onetenth.
2.
The sum required to pay to the shareholders, by way of interim dividend, 5 % of the sums which have been paid up as calls on their shares, provided such shares have not been paid off. If the profit for any year does not permit such payment, the shareholders shall not be entitled to claim payment thereof out of the profits for. subsequent years.
From the balance, the ordinary genéral meeting may, by resolution on a proposal from the Board of Directors, determine as it thinks fit the amounts to be deducted (up to the full amount of that balance) whether for carrying forward to the next financial year, for additional depreciation of the assets or for payment into a provident fund or to one or more general or special reserve funds. These funds may, in accordance with a resolution of the ordinary general meeting passed on a proposal from the Board of Directors, be applied to make up an interim dividend of 5 % to the shareholders, if the profits for one or more financial years have proved insufficient therefor, or to the purchase and cancellation of shares of the company, or to paying such shares off in full or, by means of an equal payment on each share, to paying them off in part. To replace the shares which have been fully paid off there shall be issued certificates carrying the right to payment of dividends together with all the rights attached to the other shares, save entitlement to the interim dividend of 5 % and to repayment of capital.
Any further balance shall be apportioned as to 10 % to the Board of Directors by way of management's share of profits, and 90 % to the shareholders.
For the purpose of determining the share of profit of the Board of Directors, account shall be taken of the sums which have been distributed or capitalised by deduction from the results for preceding financial years previously placed to reserve or again carried forward, subject always to the application of the laws in force.
TITLE VII
Dissolution — Winding Up
Article 45
Loss of three-quarters of the capital
If the capital of the company falls by three-quarters of the original amount, the Board of Directors shall call an extraordinary general meeting of shareholders to decide whether the company should continue in existence or be dissolved. In order to pass valid resolutions, the general meeting shall fulfil the conditions laid down in Articles 31, 32, 40 and 41.
In all such cases, the resolution of the general meeting shall be made public.
Article 46
Winding up of the company
On expiration of the period for which the company was formed, or in the case of prior dissolution for any reason whatsoever, the general meeting shall, on a proposal from the Board of Directors, determine the method of winding up and appoint one or more liquidators, whose powers it shall likewise determine.
On appointment of the liquidators, the powers of the Directors and Auditors shall lapse.
During winding up, the general meeting duly constituted shall retain the same powers as those held during the life of the company; it shall in particular adopt the winding up accounts, discharge the liquidators and resolve upon all the affairs of the company. It shall be presided over by one of the liquidators, and if the liquidators are absent or unavailable, it shall itself elect a chairman.
The task of the liquidators shall be to realise, including by amicable arrangement, all the assets, and to discharge the liabilities of the company. For this purpose they shall, solely by virtue of their capacity, have full powers, save for such restrictions as the general meeting may place thereon, including power to enter into an agreement, composition or an arrangement with creditors, to give security including security by way of mortgage, to make withdrawals from suit and cancellations, with or without payment. And further, pursuant to a resolution of an extraordinary general meeting, they may assign to another company or firm all or part of the property, rights and obligations held by the company being dissolved, or agree to the transfer of such property, rights and obligations to any other company, firm or person.
After clearance of the debts of the company and the charges on its property, the net proceeds of winding up shall be applied in the first place in repayment of the capital in full if repayment has not yet been effected. The balance shall be distributed among all the shares.
TITLE VIII
Disputes
Article 47
Jurisdiction
All disputes arising during the life of the company or in the course of its winding up, whether between shareholders and the company or between the shareholders themselves, concerning the affairs of the company shall be judged in accordance with the law and shall submit to the authority of the courts within whose jurisdiction the seat of the company is situate.
To this end, every shareholder shall, in the event of a dispute, give an address within the jurisdiction in which the company seat is situate, and any summons or notice is valid if served at that address.
Where an address for service is not given, summonses and notices are valid if served at the office of M. le Procureur de la République près le Tribunal de grande instance within whose jurisdiction the seat of the company is situate.
TITLE IX
Transitional provisions
Article 48
This company will be definitively established only when:
1.
All the shares have been subscribed and paid up as to not less than one-quarter, which shall be attested by declaration made before a notary public by the founder of the company, to which shall be annexed one of the originals of the Statutes and a statement of the capital subscribed and the amounts paid containing the statements required by law.
2.
A general meeting has recognised that the statement of the capital subscribed and amounts paid up is correct and has appointed the first Directors and the Auditor or Auditors and recorded their acceptance of office.
3.
The necessary permission has been obtained from the foreign exchange authorities for transfer of the foreign capital required for the formation of the capital of the company.
Article 49
If this company is established as a Joint Undertaking within the meaning of the Treaty establishing the European Atomic Energy Community, it shall be subject, for the whole of the period of its activity as such, to the provisions of the Treaty, to acts adopted in implementation thereof and in particular to the Euratom Council Decision establishing it as a Joint Undertaking.
In particular:
—
Amendments to these Statutes shall not enter into force until they have been approved by the Euratom Council, pursuant to Article 50 of the Treaty;
—
in accordance with Article 171 (3) of the Treaty, the company's profit and loss accounts and balance sheets relating to each financial year shall, within one month after their approval by the general meeting of the company, be sent by the Board of Directors to the Commission of Euratom, which shall place them before the Council and the European Parliament. The estimates of revenue and expenditure shall be submitted in accordance with the same procedure one month at the latest before the beginning of the financial year.
Subject as provided in this Article, the company shall continue to be governed by French law, and in particular by Ordonnance No 58-1137 of 28 November 1958 and by French laws relating to sociétés anonymes.
Article 50
For the purposes of publishing these Statutes and all documents and minutes relating to the establishment of the company, and of completing all legal formalities, full powers are conferred upon the bearer of copies or extracts of these documents.
Done at Paris, 27 April 1960. |
EAEC Commission: Decision fixing the date on which the Euratom Supply Agency shall take up its duties and approving the Agency Rules of 5 May 1960 determining the manner in which demand is to be balanced against the supply of ores, source materials and special fissile materials
Official Journal 032 , 11/05/1960 P. 0776 - 0776
Finnish special edition: Chapter 12 Volume 1 P. 0017
Swedish special edition: Chapter 12 Volume 1 P. 0017
Danish special edition: Series I Chapter 1959-1962 P. 0043
English special edition: Series I Chapter 1959-1962 P. 0045
DECISION fixing the date on which the Euratom Supply Agency shall take up its duties and approving the Agency Rules of 5 May 1960 determining the manner in which demand is to be balanced against the supply of ores, source materials and special fissile materials
THE COMMISSION OF THE EUROPEAN ATOMIC ENERGY COMMUNITY,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Articles 52, 53, 60 and 222 thereof;
Whereas it is for the Commission to fix the date on which the Supply Agency shall take up the duties devolving upon it under the Treaty;
Whereas the introduction of the procedures laid down by the Agency in implementation of the sixth paragraph of Article 60 of the Treaty necessarily entails such transitional measures as will facilitate their progressive application;
HAS DECIDED AS FOLLOWS:
Article 1
The date on which the Supply Agency shall take up the duties devolving upon it under the Treaty shall be 1 June 1960.
Article 2
Approval is given to the Agency Rules of 5 May 1960 determining the manner in which demand is to be balanced against the supply of ores, source materials and special fissile materials.
Article 3
The Rules referred to in Article 2 shall enter into force in their entirety on 1 June 1960 for contracts covering the supply of special fissile materials.
As regards contracts for the supply of ores and source materials, implementation of Articles 5 and 6 of these Rules shall be deferred for six months from the date of their entry into force as laid down in the first paragraph of this Article.
Article 4
Contracts relating to the supply of ores or of raw materials shall during that period be submitted to the Commission for its prior approval.
During that period of six months, the market survey shall be conducted and completed according to the procedures laid down in Articles 1 to 4 of the Rules.
Article 5
This Decision shall apply to the Euratom Supply Agency and also to all users and producers of ores, raw materials and special fissile materials.
Done at Brussels, 5 May 1960.
For the Commission
E.M.J.A. SASSEN |
11.5.1960
EN
Official Journal of the European Union
P 32/777
RULES
of the Supply Agency of the European Atomic Energy Community determining the manner in which demand is to be balanced against the supply of ores, source materials and special fissile materials
THE SUPPLY AGENCY OF THE EUROPEAN ATOMIC ENERGY COMMUNITY,
Having regard to the provisions of the Treaty, and in particular the sixth paragraph of Article 60 thereof;
After consulting the Advisory Committee to the . Agency;
Having regard to the Decision of the Euratom Commission of 5 May 1960 fixing the date on which the Supply Agency is to take up its duties and approving these Rules, and in particular Articles 3 and 4 of that Decision relating to procedures for the entry into force of these Rules;
Whereas, in order to carry out its duties in accordance with the principles set out in Article 52 of the Treaty, the Agency must, in respect of each product and on the basis of declarations covering users' estimated requirements and producers' estimated available supplies, have a complete knowledge of the situation on the market;
Whereas the procedures for balancing demand against supply must of necessity be determined in such a way as to enable various supply situations to be met;
Whereas the introduction of these procedures includes such transitional measures as will facilitate their progressive application;
HAS ADOPTED THE FOLLOWING PROVISIONS:
Article 1
Users shall, when so requested by the Agency, notify it in respect of a given period, as provided for in Article 3, of their estimated requirements of ores, source materials and special fissile materials and, on the basis of contracts already entered into, of their supply programmes.
The declarations shall specify:
(1)
Designation of product;
(2)
Nature and chemical and physical composition and other relevant specifications;
(3)
Quantities (in metric units);
(4)
Place of origin;
(5)
Intended use;
(6)
Delivery dates;
(7)
Price terms, which are not binding.
Article 2
Producers shall, when so requested by the Agency, notify it in respect of a given period, as provided for in Article 3, of stocks held by them at the start of the period, their estimated production and, on the basis of contracts already entered into, their delivery programmes.
The declarations shall specify:
(1)
Designation of product;
(2)
Nature and chemical and physical composition and other relevant specifications;
(3)
Quantities (in metric units);
(4)
Place of origin;
(5)
Delivery dates;
(6)
Price terms, which are not binding.
Article 3
The Agency shall, after obtaining the Opinion of the Advisory Committee, fix and publish in the Official Journal of the European Communities the time limit within which, and the period in respect of which, users and producers must forward to the Agency the declarations referred to in Articles 1 and 2.
Article 4
When in possession of all the declarations made under Articles 1 and 2 of this Regulation the Agency shall, by means of a circular, communicate to users and producers in the Community information on general data and market trends, and also, where appropriate, on supply potential and possible outlets in third countries.
Article 5
If, in respect of a specific product and where in particular the Agency takes the initiative, the Commission, having heard the Advisory Committee, finds that the situation on the market shows a clear surplus of supply over demand, it may, by means of an appropriate directive, call upon the Agency to apply the simplified procedure set out below:
(a)
On the basis of information acquired through the declarations made under Articles 1 and 2 of this Regulation, the Agency shall, after obtaining the Opinion of the Advisory Committee, lay down the general conditions to be fulfilled in supply contracts covering that product;
(b)
These general conditions shall be made known to the parties concerned, who shall then be empowered to negotiate directly and to sign contracts;
(c)
Contracts shall be communicated to the Agency and deemed to be concluded by it if no objection is notified by the Agency to the parties concerned within eight days from the time of receipt of the contracts.
The procedure set out in this Article shall not apply to supply contracts relating to special fissile materials.
Article 6
Where exception is provided for by Article 5, demand shall be balanced against supply in accordance with the following procedure:
Users shall notify the Agency, by the dates and in respect of the periods fixed by it, of their requirements in respect of supplies of ores, source materials and special fissile materials.
As soon as these requirements are known, the Agency shall, by inviting tenders and indicating all relevant specifications, fix the dates by which, and the periods in respect of which, producers in the Community are invited to submit their tenders.
By submitting their tenders, producers in the Community shall be considered to have fulfilled the obligation devolving upon them pursuant to the second subparagraph of Article 57 (2) of the Treaty. As soon as those tenders are received, the Agency shall decide whether it will exercise its right of option and, if it does so, the quantities that option will cover.
The Agency shall notify users of the tenders and of the number of applications it has received and shall make known to the parties concerned the terms on which their applications can be met and the procedures whereby contracts shall be concluded.
Article 7
Independently of the procedures laid down in Articles 5 and 6 of this Regulation, users may at any time make applications to or place orders with the Agency. Such orders shall be met on the best terms in relation to supplies available on the market.
Article 8
This Regulation shall enter into force in its entirety on 1 June 1960 for contracts relating to the supply of special fissile materials.
As regards contracts for the supply of ores and source materials, implementation of Articles 5 and 6 shall be deferred for six months from that date and shall take effect on 1 December 1960. During that period contracts falling within the provisions of this paragraph shall continue to be subject to the prior approval of the Commission, in accordance with Article 222 of the Treaty.
Done at Brussels, 5 May 1960.
For the Supply Agency of Euratom
The Director-General
E. SPAAK |
EEC Council: Regulation No 11 concerning the abolition of discrimination in transport rates and conditions, in implementation of Article 79 (3) of the Treaty establishing the European Economic Community
Official Journal 052 , 16/08/1960 P. 1121 - 1126
Finnish special edition: Chapter 7 Volume 1 P. 0023
Swedish special edition: Chapter 7 Volume 1 P. 0023
Danish special edition: Series I Chapter 1959-1962 P. 0056
English special edition: Series I Chapter 1959-1962 P. 0060
Greek special edition: Chapter 07 Volume 1 P. 0020
Spanish special edition: Chapter 07 Volume 1 P. 0032
Portuguese special edition Chapter 07 Volume 1 P. 0032
REGULATION No 11 concerning the abolition of discrimination in transport rates and conditions, in implementation of Article 79 (3) of the Treaty establishing the European Economic Community
THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 79 thereof;
Having regard to the proposal from the Commission;
Having regard to the Opinion of the Economic and Social Committee;
Whereas Article 79 (3) requires the Council to lay down rules for the abolition, as regards transport within the Community, of the forms of discrimination referred to in Article 79 (1);
Whereas such abolition requires the prohibition of the above-mentioned forms of discrimination, including the fixing by tariff or otherwise, of transport rates and conditions which, when applied, would constitute discrimination;
Whereas it will only be possible to check what transport rates and conditions are being applied and to detect any discrimination if carriers and agents concerned with the carriage of goods are required to supply the necessary information, to make out a transport document enabling such information to be checked and to submit themselves to inspection;
Whereas, for the purpose of ensuring compliance wich these provisions, there should be instituted a system of penalties, such penalties to be subject to review by the Court of Justice exercising unlimited jurisdiction, as provided for in Article 172 of the Treaty;
HAS ADOPTED THIS REGULATION:
Article 1
The provisions of this Regulation shall apply to the carriage of all goods by rail, road or inland waterway within the Community, with the exception of goods listed in Annexes I and III to the Treaty establishing the European Coal and Steel Community.
Article 2
1. The provisions of this Regulation shall apply to all carriage of goods consigned from or to a point within the territory of a Member State, including the carriage thereof between Member States and third or associated countries.
2. This Regulation shall apply only to those parts of a journey which take place within the Community.
3. This Regulation shall apply also to those parts of a journey effected by rail, road or inland waterway where the goods are carried by other modes of transport over other parts of the journey.
Article 3
Where a carriage regulated by the terms of a single contract is performed by successive carriers, each such carrier shall be subject to the provisions of this Regulation in respect of that part of the carriage which he performs.
Article 4
1. In the case of transport within the Community, all discrimination by carriers which takes the form of charging different rates and imposing different conditions for carrying the same goods over the same transport links on grounds of the country of origin or of destination of the goods in question shall be prohibited.
This prohibition shall not affect the validity of private law contracts.
2. The fixing, by tariff or otherwise, of transport rates and conditions which, when applied, would constitute discrimination within the meaning of paragraph 1 shall also be prohibited.
3. The prohibitions laid down in this Article shall take effect from 1 July 1961.
Article 5
1. Before 1 July 1961 Governments shall notify the Commission of any tariff, or formal or other agreement on transport rates and conditions operating in their respective countries, whereby the rates and conditions for carrying the same goods over the same transport links vary according to the country of origin or of destination of the goods in question. Any measure of this kind subsequently introduced shall also be immediately notified to the Commission.
2. Before 1 July 1961 transport undertakings shall supply their respective Governments with all relevant information concerning the tariffs, and formal or other agreements on transport rates and conditions referred to in the preceding paragraph and shall notify them forthwith of any measure of this kind subsequently introduced.
3. The provisions of this Article shall apply to the carriage of goods consigned from or to a point within the territory of a Member State.
Article 6
1. A transport document giving the following details shall be required for each consignment of goods within the Community: - name and address of the consignor;
- nature and weight of the goods;
- place and date of acceptance of the goods for transport;
- place at which the goods are to be delivered;
- route to be taken, or distance to be travelled, if these factors justify a rate different from that normally applicable;
- frontier crossing points, where appropriate.
2. Transport documents shall be made out in duplicate and shall be numbered. One copy shall accompany the goods; the other copy shall be retained by the carrier for two years, reckoned from the date of carriage, and shall be filed in numerical order. The latter copy shall show the full and final transport charges, whatever the form in which they may be made, any other charges and any rebates or other factors affecting the transport rates and conditions.
3. Where existing documents give all the details specified in paragraph 1 and, in conjunction with carriers' recording and accounting systems, enable a full check to be made of transport rates and conditions, so that the forms of discrimination referred to in Article 79 (1) of the Treaty may be thereby abolished or avoided, carriers shall not be required to introduce new documents.
4. The carrier shall be responsible for the proper preparation of transport documents.
Article 7
1. The provisions of Article 6 shall enter into force on 1 July 1961.
2. The Commission may, however, before that date and by a Regulation issued after consulting the Council, postpone for certain classes of transport to be determined later such entry into force until 1 January 1964 at the latest.
Article 8
The provisions of Article 6 shall not apply: (a) to the carriage of goods not exceeding five metric tons in total weight consigned by a single consignor to a single consignee;
(b) to the carriage of goods within a Member State over a distance which in total does not exceed one hundred kilometres;
(c) to the carriage of goods between Member States for a distance which in total does not exceed 30 kilometres.
Article 9
The provisions of Article 6 shall not apply to the carriage of goods by an undertaking for its own requirements, subject to the following conditions: - the goods must be carried by vehicles owned or obtained on deferred terms by the undertaking and driven by its own employee or employees;
- transport must be only ancillary to the overall activities of the undertaking;
- the goods carried must be the property of the undertaking or must have been sold, bought, loaned, borrowed, let out on hire or hired, produced, processed or repaired by the undertaking;
- the purpose of the journey must be to carry the goods to or from the undertaking or to move them, either inside the undertaking, or outside for its own requirements.
Article 10
If, by 1 July 1963, no rules have been made under Article 74 and in implementation of Article 75 of the Treaty as regards the publication of transport rates and conditions, decisions concerning the nature, form and extent of such publication shall be taken, together with any other appropriate measures, within the limits of, and as provided in Article 79 (1) and (3) of the Treaty, account being taken of the fact that such decisions and measures must in all cases be consistent with the common transport policy.
Article 11
1. Without prejudice to Article 5 of this Regulation, Governments and undertakings shall, at the request of the Commission, supply any additional information which may be needed concerning any tariff, or formal or other agreement on transport rates and conditions.
2. The Commission may set a time limit of not less than one month for the forwarding of such information.
3. If the Commission requests an undertaking to supply it with information the Commission shall immediately notify the Government of the Member State in which the undertaking has its seat by forwarding a copy of the request for information to that Government.
4. Information may be refused if it involves the disclosure of any facts which a Member State considers would be contrary to the essential interests of its security.
Article 12
1. Any carrier who charges different rates and imposes different conditions for the carriage of the same goods over the same transport links according to the country of origin or of destination of the goods in question shall, if so required by the Commission, show that such action is not in breach of the provisions of this Regulation.
2. The charging of different rates and the imposing of different conditions shall not constitute a breach of this Regulation if it results solely from competition between carriers or is due to operating conditions, whether technical or economic, peculiar to carriage over the transport link in question.
Article 13
1. Forwarding and other agents concerned with the carriage of goods shall, if so required by their Government or by the Commission, supply all information relevant to the services provided and to the rates and conditions applied.
2. This requirement shall also apply to direct providers of services ancillary to carriage in any case where the remuneration payable to them and that payable to the carriers are comprised in a single overall charge.
3. The provisions of Article 11 (2), (3) and (4) shall also apply to requests for information made in pursuance of this Article.
Article 14
1. Member States shall be responsible for checking compliance with the obligations imposed on carriers by Articles 5 (2), 6 and 11 of this Regulation and with the obligation to supply information as laid down in Article 13.
They shall introduce the necessary measures for this purpose before 1 July 1961, after consulting the Commission.
2. In so far as may be necessary in order to implement this Regulation, the Commission may send its officials or any experts on visits of inspection to check and supervise compliance with the obligations imposed on undertakings by Articles 5, 6, 11 and 13 of this Regulation.
To this end, any authorised representatives of the Commission shall have the following rights and powers: (a) to check the books and other business records of undertakings;
(b) to take copies or extracts of such books and records on the spot;
(c) to be given access to all premises, land and vehicles of undertakings;
(d) to require explanations on all points relating to the books and records of undertakings.
Authorised representatives of the Commission shall exercise these rights on production of a pass stating that they are empowered to carry out all necessary inspections pursuant to this Article. They must carry a written authority naming the undertaking to be inspected and the purpose of the inspection. Details of the written authority and of the status of the persons responsible for carrying out the inspection shall be duly notified beforehand to the Member State concerned.
Officials of that State may, at the request either of the latter or of the Commission, assist the authorised representatives of the Commission in the performance of their duties.
If any undertaking refuses inspection as provided for in this Regulation, the Member State concerned shall give the authorised representatives of the Commission such support and assistance as may be necessary for the purpose of carrying out their inspections as instructed. Member States shall introduce the necessary measures for this purpose before 1 July 1961, after consulting the Commission.
3. All persons taking part in inspections as provided for in this Article shall observe professional secrecy, in accordance with Article 214 of the Treaty.
Article 15
1. Without prejudice to measures taken under Article 79 (4) of the Treaty, the Commission and Member States shall ensure that all facts made known to them in pursuance of Articles 5, 11, 13 and 14 remain confidential.
2. Unless the Council unanimously decides otherwise, information so obtained may only be used for the implementation of this Regulation.
Article 16
After consulting the Commission, Member States shall, within the time limit laid down in Article 14 (1), lay down appropriate penalties for: (a) carriers who fail to comply with the rules laid down in Articles 5 (2) and 6;
(b) undertakings which, having been required to do so, fail to submit to their Governments within the time limit laid down, the information specified in Articles 11 and 13;
(c) undertakings which knowingly submit false information to their Governments.
Article 17
1. If such an undertaking as aforesaid fails to submit the information requested by the Commission under Articles 11 and 13 within the time limit laid down, or if it knowingly supplies false information, the Commission may, in accordance with the second subparagraph of Article 79 (3) of the Treaty, take a decision imposing a penalty of not more than 500 units of account on the undertaking concerned and may specify a fresh date for submission of the required information. If that undertaking fails to supply the information by the fresh date, the decision may be repeated.
2. However, such penalties may be imposed only if the request for information has been presented in the form of a decision referring expressly to the penalties provided for in this Article.
Article 18
1. If the Commission is satisfied that there is discrimination within the meaning of Article 79 (1) of the Treaty, it may, in respect of each case of discrimination and taking a decision as provided for in Article 79 (4), impose on the carrier responsible a penalty not exceeding twenty times the carriage charge obtained or demanded.
2. If discrimination within the meaning of Article 79 (1) of the Treaty continues despite a decision by the Commission ordering that such discrimination be ended, the Commission may impose on the carrier responsible, in respect of each case of discrimination and in accordance with Article 79 (4) of the Treaty, a penalty not exceeding 10 000 units of account.
3. Before imposing a penalty under Article 17 of this Regulation, the Commission shall consult all Member States concerned, which shall be supplied with copies of all documents and evidence assembled in connection with the investigation conducted by the Commission under Article 79 (4) of the Treaty. Each Member State consulted may seek the opinion of an independent national body and shall reply within two months.
Article 19
Decision taken under Articles 17 and 18 of this Regulation shall not be of a criminal law nature.
Article 20
Before any decision is taken in pursuance of Articles 17 and 18, the undertaking concerned shall be notified of the measure proposed.
The Commission shall, by way of information, forward copies of decisions taken under Articles 17 and 18 to the Member States concerned.
Article 21
For the purposes of the preceding Articles, the unit of account shall be that used for drawing up the budget of the Community, as provided in Articles 207 and 209 of the Treaty.
Article 22
All undertakings, whether governed by public or by private law, shall be responsible for the acts of their servants as regards compliance with the provisions of this Regulation. This provision shall also apply as regards the penalties laid down in this Regulation.
Article 23
Penalties imposed by the Commission under Articles 17 and 18 shall be enforced in the manner laid down in Article 192 of the Treaty. Sums collected in enforcement of decisions imposing penalties shall be paid over to the European Economic Community and shall be shown as revenue in its budget.
Article 24
Where a Member State submits an application under Article 79 (4) of the Treaty requesting investigation of a case which it considers to constitute discrimination, such application shall state the reasons on which it is based.
Article 25
1. Before taking a decision or imposing a penalty under Article 18 of this Regulation, the Commission shall hear explanations from the person concerned or his authorised representative; it may appoint one of its officials to hear such explanations.
2. Pursuant to Article 172 of the Treaty, the Court of Justice shall have unlimited jurisdiction in regard to any penalty imposed under Articles 17 and 18. The Commission may not proceed with the enforcement of a penalty until the period allowed for appeal has expired.
Article 26
The Commission shall take the measures necessary for the implementation of this Regulation.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 June 1960.
For the Council
The President
P. GRÉGOIRE |
EEC Council: Decision on the application to Algeria and to the French overseas departments of the provisions of the Treaty concerning capital movements
Official Journal 043 , 12/07/1960 P. 0919 - 0920
Danish special edition: Series I Chapter 1959-1962 P. 0046
English special edition: Series I Chapter 1959-1962 P. 0048
Greek special edition: Chapter 10 Volume 1 P. 0003
Spanish special edition: Chapter 10 Volume 1 P. 0005
Portuguese special edition Chapter 10 Volume 1 P. 0005
DECISION on the application to Algeria and to the French overseas departments of the provisions of the Treaty concerning capital movements
THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY,
Having regard to the Treaty, and in particular Article 227 (2) thereof;
Having regard to the proposal from the Commission;
Whereas in accordance with the second subparagraph of Article 227 (2) it rests with the Council to determine the conditions under which the provisions of the Treaty, other than those set out in the first subparagraph, and in particular the provisions concerning capital, are to apply to Algeria and to the French overseas departments;
Whereas a proposal for Directive on the liberalisation of capital movements, submitted by the Commission in pursuance of Article 69 of the Treaty, has been placed before the Council;
Whereas the legislation on capital movements in force in Algeria and in the French overseas departments, and the special economic conditions of these territories and the needs of their economic and social development, render appropriate the application to those areas of the provisions of the Treaty as regards capital;
HAS ADOPTED THIS DECISION:
Article 1
Articles 67 to 73 of the Treaty, and the provisions of Article 106 concerning the movement of capital, shall apply to Algeria and to the French overseas departments.
Article 2
This Decision shall enter into force on 11 May 1960.
Done at Luxembourg, 11 May 1960.
For the Council
The Secretary-General
CALMES
The President
Eugène SCHAUS |
EEC Council: First Directive for the implementation of Article 67 of the Treaty
Official Journal 043 , 12/07/1960 P. 0921 - 0932
Danish special edition: Series I Chapter 1959-1962 P. 0047
English special edition: Series I Chapter 1959-1962 P. 0049
Greek special edition: Chapter 10 Volume 1 P. 0004
Spanish special edition: Chapter 10 Volume 1 P. 0006
Portuguese special edition Chapter 10 Volume 1 P. 0006
++++
FIRST DIRECTIVE FOR THE IMPLEMENTATION OF ARTICLE 67 OF THE TREATY
THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY ,
HAVING REGARD TO THE TREATY , AND IN PARTICULAR ARTICLES 5 , 67 ( 1 ) , 69 , 105 ( 2 ) AND 106 ( 2 ) THEREOF ;
HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION , WHICH CONSULTED THE MONETARY COMMITTEE FOR THIS PURPOSE ;
HAVING REGARD TO THE DECISION OF 11 MAY 1960 ON THE APPLICATION TO ALGERIA AND TO THE FRENCH OVERSEAS DEPARTMENTS OF THE PROVISIONS OF THE TREATY CONCERNING CAPITAL MOVEMENTS ;
WHEREAS THE ATTAINMENT OF THE OBJECTIVES OF THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY REQUIRES THE GREATEST POSSIBLE FREEDOM OF MOVEMENT OF CAPITAL BETWEEN MEMBER STATES AND THEREFORE THE WIDEST AND MOST SPEEDY LIBERALISATION OF CAPITAL MOVEMENTS ;
HAS ADOPTED THIS DIRECTIVE :
ARTICLE 1
1 . MEMBER STATES SHALL GRANT ALL FOREIGN EXCHANGE AUTHORISATIONS REQUIRED FOR THE CONCLUSION OR PERFORMANCE OF TRANSACTIONS OR FOR TRANSFERS BETWEEN RESIDENTS OF MEMBER STATES IN RESPECT OF THE CAPITAL MOVEMENTS SET OUT IN LIST A OF ANNEX I TO THIS DIRECTIVE .
2 . MEMBER STATES SHALL ENABLE SUCH TRANSFERS OF CAPITAL TO BE MADE ON THE BASIS OF THE EXCHANGE RATE RULING FOR PAYMENTS RELATING TO CURRENT TRANSACTIONS .
WHERE SUCH TRANSFERS ARE MADE ON A FOREIGN EXCHANGE MARKET ON WHICH THE FLUCTUATIONS OF EXCHANGE RATES ARE NOT OFFICIALLY RESTRICTED , THIS OBLIGATION SHALL BE TAKEN TO MEAN THAT THE EXCHANGE RATES APPLIED MUST NOT SHOW ANY APPRECIABLE AND LASTING DIFFERENCES FROM THOSE RULING FOR PAYMENTS RELATING TO CURRENT TRANSACTIONS .
THE MONETARY COMMITTEE SHALL WATCH CLOSELY THE TREND OF EXCHANGE RATES APPLIED TO SUCH TRANSFERS OF CAPITAL , AND SHALL REPORT THEREON TO THE COMMISSION . IF THE COMMISSION FINDS THAT THESE RATES SHOW APPRECIABLE AND LASTING DIFFERENCES FROM THOSE RULING FOR PAYMENTS RELATING TO CURRENT TRANSACTIONS , IT SHALL INITIATE THE PROCEDURE PROVIDED FOR IN ARTICLE 169 OF THE TREATY .
ARTICLE 2
1 . MEMBER STATES SHALL GRANT GENERAL PERMISSION FOR THE CONCLUSION OR PERFORMANCE OF TRANSACTIONS AND FOR TRANSFERS BETWEEN RESIDENTS OF MEMBER STATES IN RESPECT OF THE CAPITAL MOVEMENTS SET OUT IN LIST B OF ANNEX I TO THIS DIRECTIVE .
2 . WHERE SUCH TRANSFERS OF CAPITAL ARE MADE ON A FOREIGN EXCHANGE MARKET ON WHICH THE FLUCTUATIONS OF EXCHANGE RATES ARE NOT OFFICIALLY RESTRICTED , MEMBER STATES SHALL ENDEAVOUR TO ENSURE THAT TRANSFERS ARE MADE AT RATES WHICH DO NOT SHOW APPRECIABLE AND LASTING DIFFERENCES FROM THOSE RULING FOR PAYMENTS RELATING TO CURRENT TRANSACTIONS .
THE COMMISSION MAY , AFTER CONSULTING THE MONETARY COMMITTEE , MAKE RECOMMENDATIONS IN THIS CONNECTION TO THE MEMBER STATES .
3 . WHERE THE TRANSFERS ARE MADE EITHER ON THE SAME FOREIGN EXCHANGE MARKET AS PAYMENTS RELATING TO CURRENT TRANSACTIONS , OR ON A MARKET ON WHICH EXCHANGE RATE FLUCTUATIONS ARE KEPT WITHIN LIMITS APPLICABLE TO SUCH MARKET AS AFORESAID , THE APPLICATION OF PARAGRAPH 1 OF THIS ARTICLE MAY , AS A TEMPORARY MEASURE , BE CONFINED - AS REGARDS THE ACQUISITION OF FOREIGN SECURITIES BY RESIDENTS - TO THE FINANCIAL INSTITUTIONS AND TO THE UNDERTAKINGS WHICH ACQUIRE SECURITIES OF FOREIGN COMPANIES ESTABLISHED FOR A LIKE PURPOSE .
THE COMMISSION MAY , AFTER CONSULTING THE MONETARY COMMITTEE , MAKE RECOMMENDATIONS IN THIS CONNECTION TO THE MEMBER STATES .
ARTICLE 3
1 . SUBJECT TO PARAGRAPH 2 OF THIS ARTICLE , MEMBER STATES SHALL GRANT ALL FOREIGN EXCHANGE AUTHORISATIONS REQUIRED FOR THE CONCLUSION OR PERFORMANCE OF TRANSACTIONS AND FOR TRANSFERS BETWEEN RESIDENTS OF MEMBER STATES IN RESPECT OF THE CAPITAL MOVEMENTS SET OUT IN LIST C OF ANNEX I TO THIS DIRECTIVE .
2 . WHERE SUCH FREE MOVEMENT OF CAPITAL MIGHT FORM AN OBSTACLE TO THE ACHIEVEMENT OF THE ECONOMIC POLICY OBJECTIVES OF A MEMBER STATE , THE LATTER MAY MAINTAIN OR REINTRODUCE THE EXCHANGE RESTRICTIONS ON CAPITAL MOVEMENTS WHICH WERE OPERATIVE ON THE DATE OF ENTRY INTO FORCE OF THIS DIRECTIVE . IT SHALL CONSULT THE COMMISSION ON THE MATTER .
THE COMMISSION SHALL EXAMINE THE MEASURES FOR CO-ORDINATING THE ECONOMIC POLICIES OF MEMBER STATES WHICH WILL ENABLE THESE DIFFICULTIES TO BE OVERCOME AND , AFTER CONSULTING THE MONETARY COMMITTEE , SHALL RECOMMEND THEIR ADOPTION BY THE MEMBER STATES .
3 . THE COMMISSION MAY RECOMMEND THAT THE STATE IN QUESTION ABOLISH THE EXCHANGE RESTRICTIONS WHICH ARE MAINTAINED OR REINTRODUCED .
ARTICLE 4
THE MONETARY COMMITTEE SHALL EXAMINE AT LEAST ONCE A YEAR THE RESTRICTIONS WHICH ARE APPLIED TO THE CAPITAL MOVEMENTS SET OUT IN THE LISTS CONTAINED IN ANNEX I TO THIS DIRECTIVE ; IT SHALL REPORT TO THE COMMISSION REGARDING RESTRICTIONS WHICH COULD BE ABOLISHED .
ARTICLE 5
1 . THE PROVISIONS OF THIS DIRECTIVE SHALL NOT RESTRICT THE RIGHT OF MEMBER STATES TO VERIFY THE NATURE AND GENUINENESS OF TRANSACTIONS OR TRANSFERS , OR TO TAKE ALL REQUISITE MEASURES TO PREVENT INFRINGEMENTS OF THEIR LAWS AND REGULATIONS .
2 . MEMBER STATES SHALL SIMPLIFY AS FAR AS POSSIBLE THE AUTHORISATION AND CONTROL FORMALITIES APPLICABLE TO THE CONCLUSION OR PERFORMANCE OF TRANSACTIONS AND TRANSFERS AND SHALL WHERE NECESSARY CONSULT ONE ANOTHER WITH A VIEW TO SUCH SIMPLIFICATION .
3 . THE RESTRICTIONS ON CAPITAL MOVEMENTS UNDER THE RULES FOR ESTABLISHMENT IN A MEMBER STATE SHALL BE ABOLISHED PURSUANT TO THIS DIRECTIVE ONLY IN SO FAR AS IT IS INCUMBENT UPON THE MEMBER STATES TO GRANT FREEDOM OF ESTABLISHMENT IN IMPLEMENTATION OF ARTICLES 52 TO 58 OF THE TREATY .
ARTICLE 6
MEMBER STATES SHALL ENDEAVOUR NOT TO INTRODUCE WITHIN THE COMMUNITY ANY NEW EXCHANGE RESTRICTIONS AFFECTING THE CAPITAL MOVEMENTS THAT WERE LIBERALISED AT THE DATE OF ENTRY INTO FORCE OF THIS DIRECTIVE NOR TO MAKE EXISTING PROVISIONS MORE RESTRICTIVE .
ARTICLE 7
MEMBER STATES SHALL MAKE KNOWN TO THE COMMISSION , NOT LATER THAN THREE MONTHS AFTER THE ENTRY INTO FORCE OF THIS DIRECTIVE :
( A ) THE PROVISIONS GOVERNING CAPITAL MOVEMENTS AT THE DATE OF ENTRY INTO FORCE OF THIS DIRECTIVE WHICH ARE LAID DOWN BY LAW , REGULATION AND ADMINISTRATIVE ACTION ;
( B ) THE PROVISIONS ADOPTED IN PURSUANCE OF THE DIRECTIVE ;
( C ) THE PROCEDURES FOR IMPLEMENTING THOSE PROVISIONS .
THEY SHALL ALSO MAKE KNOWN , NOT LATER THAN THE TIME OF ENTRY INTO FORCE THEREOF , ANY NEW MEASURES GOING BEYOND THE OBLIGATIONS OF THIS DIRECTIVE , AND ANY AMENDMENT OF THE PROVISIONS GOVERNING THE CAPITAL MOVEMENTS SET OUT IN LIST D OF ANNEX I TO THIS DIRECTIVE .
ARTICLE 8
THE PROVISIONS OF THIS DIRECTIVE SHALL APPLY TO THE MEMBER STATES MENTIONED IN ARTICLE 227 ( 1 ) OF THE TREATY , TO ALGERIA AND TO THE FRENCH OVERSEAS DEPARTMENTS , AND TO EUROPEAN TERRITORIES FOR WHOSE EXTERNAL RELATIONS A MEMBER STATE IS RESPONSIBLE .
ARTICLE 9
THIS DIRECTIVE SHALL APPLY WITHOUT PREJUDICE TO THE PROVISIONS OF ARTICLES 67 ( 2 ) , 68 ( 3 ) AND 221 OF THE TREATY .
ARTICLE 10
LISTS A , B , C AND D CONTAINED IN ANNEX I , TOGETHER WITH THE NOMENCLATURE OF CAPITAL MOVEMENTS AND THE EXPLANATORY NOTES IN ANNEX II , FORM AN INTEGRAL PART OF THIS DIRECTIVE .
DONE AT LUXEMBOURG , 11 MAY 1960 .
FOR THE COUNCIL
THE SECRETARY-GENERAL
CALMES
THE PRESIDENT
EUGENE SCHAUS
ANNEX I
LIST A
CAPITAL MOVEMENTS REFERRED TO IN ARTICLE 1 OF THE DIRECTIVE
* ITEMS OF NOMENCLATURE
DIRECT INVESTMENTS * I
EXCLUDING PURELY FINANCIAL INVESTMENTS MADE WITH A VIEW TO GIVING THE PERSON PROVIDING THE CAPITAL INDIRECT ACCESS TO THE MONEY OR CAPITAL MARKET OF ANOTHER COUNTRY , THROUGH THE CREATION OF AN UNDERTAKING OR PARTICIPATION IN AN EXISTING UNDERTAKING IN THAT COUNTRY *
LIQUIDATION OF DIRECT INVESTMENTS * II
INVESTMENTS IN REAL ESTATE * V
PERSONAL CAPITAL MOVEMENTS *
GIFTS AND ENDOWMENTS * X B
DOWRIES * X C
INHERITANCES * X D
SETTLEMENTS OF DEBTS IN THEIR COUNTRY OF ORIGIN BY IMMIGRANTS * X E
TRANSFERS OF CAPITAL BELONGING TO RESIDENTS WHO EMIGRATE * X F
- AMOUNTS REQUIRED FOR ESTABLISHMENT WITH A VIEW TO CARRYING ON A GAINFUL ACTIVITY *
TRANSFERS OF CAPITAL BELONGING TO EMIGRANTS RETURNING TO THEIR COUNTRY OF ORIGIN * X G
- AMOUNTS IMPORTED AND AMOUNTS EARNED IN CARRYING ON A GAINFUL ACTIVITY *
THE GRANTING AND REPAYMENT OF SHORT-TERM AND MEDIUM-TERM CREDITS IN RESPECT OF COMMERCIAL TRANSACTIONS IN WHICH A RESIDENT IS PARTICIPATING * VII 1 A ( I ) AND ( II ) B ( I ) AND ( II )
SURETIES , OTHER GUARANTEES AND RIGHTS OF PLEDGES AND TRANSFERS CONNECTED WITH THEM *
RELATED TO THE SHORT-TERM AND MEDIUM-TERM CREDITS IN RESPECT OF COMMERCIAL TRANSACTIONS IN WHICH A RESIDENT IS PARTICIPATING * XII A AND B IN CONJUNCTION WITH VII 1 A ( I ) AND ( II ) B ( I ) AND ( II )
WHERE RELATED TO LONG-TERM LOANS WITH A VIEW TO ESTABLISHING OR MAINTAINING LASTING ECONOMIC LINKS * XII A AND B IN CONJUNCTION WITH I A 3 B 3
TRANSFERS IN PERFORMANCE OF INSURANCE CONTRACTS * XI
AS AND WHEN FREEDOM OF MOVEMENT IN RESPECT OF SERVICES IS EXTENDED TO THOSE CONTRACTS IN IMPLEMENTATION OF ARTICLE 59 ET SEQ . OF THE TREATY *
THE USE OF THE PROCEEDS OF LIQUIDATION OF ASSETS ABROAD BELONGING TO RESIDENTS MUST BE PERMITTED AT LEAST WITHIN THE LIMITS OF THE OBLIGATIONS AS REGARDS LIBERALISATION ACCEPTED BY MEMBER STATES .
LIST B
CAPITAL MOVEMENTS REFERRED TO IN ARTICLE 2 OF THE DIRECTIVE
* ITEMS OF NOMENCLATURE
OPERATIONS IN SECURITIES *
ACQUISITION BY NON-RESIDENTS OF DOMESTIC SECURITIES DEALT IN ON A STOCK EXCHANGE ( EXCLUDING UNITS OF UNIT TRUSTS ) AND REPATRIATION OF THE PROCEEDS OF LIQUIDATION THEREOF * IV A
ACQUISITION BY RESIDENTS OF FOREIGN SECURITIES DEALT IN ON A STOCK EXCHANGE AND USE OF THE PROCEEDS OF LIQUIDATION THEREOF * IV B
- EXCLUDING THE ACQUISITION OF BONDS ISSUED ON A FOREIGN MARKET AND DENOMINATED IN NATIONAL CURRENCY *
- EXCLUDING UNITS OF UNIT TRUSTS *
PHYSICAL MOVEMENTS OF THE SECURITIES MENTIONED ABOVE * IV E IN CONJUNCTION WITH IV A IV B
THE USE OF THE PROCEEDS OF LIQUIDATION OF ASSETS ABROAD BELONGING TO RESIDENTS MUST BE PERMITTED AT LEAST WITHIN THE LIMITS OF THE OBLIGATIONS AS REGARDS LIBERALISATION ACCEPTED BY MEMBER STATES .
LIST C
CAPITAL MOVEMENTS REFERRED TO IN ARTICLE 3 OF THE DIRECTIVE
* ITEMS OF NOMENCLATURE
ISSUE AND PLACING OF SECURITIES OF A DOMESTIC UNDERTAKING ON A FOREIGN CAPITAL MARKET * III A 2
ISSUE AND PLACING OF SECURITIES OF A FOREIGN UNDERTAKING ON A DOMESTIC CAPITAL MARKET * III B 2
OPERATIONS IN SECURITIES *
ACQUISITION BY NON-RESIDENTS OF DOMESTIC SECURITIES NOT DEALT IN ON A STOCK EXCHANGE AND REPATRIATION OF THE PROCEEDS OF LIQUIDATION THEREOF * IV C
ACQUISITION BY RESIDENTS OF FOREIGN SECURITIES NOT DEALT IN ON A STOCK EXCHANGE AND USE OF THE PROCEEDS OF LIQUIDATION THEREOF * IV D
ACQUISITION BY NON-RESIDENTS OF UNITS OF DOMESTIC UNIT TRUSTS DEALT IN ON A STOCK EXCHANGE AND REPATRIATION OF THE PROCEEDS OF LIQUIDATION THEREOF * IV A
ACQUISITION BY RESIDENTS OF UNITS OF FOREIGN UNIT TRUSTS DEALT IN ON A STOCK EXCHANGE AND USE OF THE PROCEEDS OF LIQUIDATION THEREOF * IV B
ACQUISITION BY RESIDENTS OF FOREIGN BONDS DEALT IN ON A STOCK EXCHANGE , ISSUED ON A FOREIGN MARKET AND DENOMINATED IN NATIONAL CURRENCY * IV B 3 ( I )
PHYSICAL MOVEMENTS OF THE SECURITIES MENTIONED ABOVE * IV E IN CONJUNCTION WITH IV C , D AND IV B 3 ( I )
GRANTING AND REPAYMENT OF LONG-TERM CREDITS RELATED TO COMMERCIAL TRANSACTIONS IN WHICH A RESIDENT IS PARTICIPATING * VII 1 A ( III ) AND B ( III )
GRANTING AND REPAYMENT OF MEDIUM - AND LONG-TERM CREDITS RELATED TO COMMERCIAL TRANSACTIONS IN WHICH NO RESIDENT IS PARTICIPATING * VII 2 A ( II ) AND ( III ) B ( II ) AND ( III )
GRANTING AND REPAYMENT OF MEDIUM - AND LONG-TERM LOANS AND CREDITS NOT RELATED TO COMMERCIAL TRANSACTIONS * VIII A ( II ) AND ( III ) B ( II ) AND ( III )
SURETIES , OTHER GUARANTEES AND RIGHTS OF PLEDGES AND TRANSFERS CONNECTED WITH THEM AND RELATING TO : *
LONG-TERM CREDITS IN RESPECT OF COMMERCIAL TRANSACTIONS IN WHICH A RESIDENT IS PARTICIPATING * XII A AND B IN CONJUNCTION WITH VII 1 A ( III ) B ( III )
MEDIUM - AND LONG-TERM CREDITS IN RESPECT OF COMMERCIAL TRANSACTIONS IN WHICH NO RESIDENT IS PARTICIPATING * XII A AND B IN CONJUNCTION WITH VII 2 A ( II ) AND ( III ) B ( II ) AND ( III )
MEDIUM - AND LONG-TERM LOANS AND CREDITS NOT RELATED TO COMMERCIAL TRANSACTIONS * XII A AND B IN CONJUNCTION WITH VIII A ( II ) AND ( III ) B ( II ) AND ( III )
THE USE OF THE PROCEEDS OF LIQUIDATION OF ASSETS ABROAD BELONGING TO RESIDENTS MUST BE PERMITTED AT LEAST WITHIN THE LIMITS OF THE OBLIGATIONS AS REGARDS LIBERALISATION ACCEPTED BY MEMBER STATES .
LIST D
CAPITAL MOVEMENTS REFERRED TO IN ARTICLE 4 OF THE DIRECTIVE
* ITEMS OF NOMENCLATURE
SHORT-TERM INVESTMENTS IN TREASURY BILLS AND OTHER SECURITIES NORMALLY DEALT IN ON THE MONEY MARKET * VI
OPENING AND PLACING OF FUNDS ON CURRENT OR DEPOSIT ACCOUNTS , REPATRIATION OR USE OF BALANCES ON CURRENT OR DEPOSIT ACCOUNTS WITH CREDIT INSTITUTIONS * IX
GRANTING AND REPAYMENT OF SHORT-TERM LOANS RELATED TO COMMERCIAL TRANSACTIONS IN WHICH NO RESIDENT IS PARTICIPATING * VII 2 A ( I ) B ( I )
GRANTING AND REPAYMENT OF SHORT-TERM LOANS AND CREDITS NOT RELATED TO COMMERCIAL TRANSACTIONS * V III A ( I ) B ( I )
PERSONAL CAPITAL MOVEMENTS * X A
LOANS *
SURETIES , OTHER GUARANTEES AND RIGHTS OF PLEDGES AND TRANSFERS CONNECTED WITH THEM *
RELATED TO SHORT TERM CREDITS IN RESPECT OF COMMERCIAL TRANSACTIONS IN WHICH NO RESIDENT IS PARTICIPATING * XII A AND B IN CONJUNCTION WITH VII 2 A ( I ) B ( I )
RELATED TO SHORT-TERM LOANS AND CREDITS NOT CONNECTED WITH COMMERCIAL TRANSACTIONS * XII A AND B IN CONJUNCTION WITH VIII A ( I ) B ( I )
RELATED TO PRIVATE LOANS * XII A AND B IN CONJUNCTION WITH X A
PHYSICAL IMPORT AND EXPORT OF FINANCIAL ASSETS * XIII
OTHER CAPITAL MOVEMENTS * XIV
ANNEX II
NOMENCLATURE OF CAPITAL MOVEMENTS
I . DIRECT INVESTMENTS ( * )
A . DIRECT INVESTMENTS ON NATIONAL TERRITORY BY NON-RESIDENTS ( * )
1 . ESTABLISHMENT AND EXTENSION OF BRANCHES OR NEW UNDERTAKINGS BELONGING SOLELY TO THE PERSON PROVIDING THE CAPITAL , AND THE ACQUISITION IN FULL OF EXISTING UNDERTAKINGS
2 . PARTICIPATION IN NEW OR EXISTING UNDERTAKINGS WITH A VIEW TO ESTABLISHING OR MAINTAINING LASTING ECONOMIC LINKS
3 . LONG-TERM LOANS WITH A VIEW TO ESTABLISHING OR MAINTAINING LASTING ECONOMIC LINKS
4 . REINVESTMENT OF PROFITS WITH A VIEW TO MAINTAINING LASTING ECONOMIC LINKS
B . DIRECT INVESTMENTS ABROAD BY RESIDENTS ( * )
1 . ESTABLISHMENT AND EXTENSION OF BRANCHES OR NEW UNDERTAKINGS BELONGING SOLELY TO THE PERSON PROVIDING THE CAPITAL , AND THE ACQUISITION IN FULL OF EXISTING UNDERTAKINGS
2 . PARTICIPATION IN NEW OR EXISTING UNDERTAKINGS WITH A VIEW TO ESTABLISHING OR MAINTAINING LASTING ECONOMIC LINKS
3 . LONG-TERM LOANS WITH A VIEW TO ESTABLISHING OR MAINTAINING LASTING ECONOMIC LINKS
4 . REINVESTMENT OF PROFITS WITH A VIEW TO MAINTAINING LASTING ECONOMIC LINKS
II . LIQUIDATION OF DIRECT INVESTMENTS
A . REPATRIATION OF THE PROCEEDS OF LIQUIDATION ( * ) OF DIRECT INVESTMENTS ON NATIONAL TERRITORY BY NON-RESIDENTS
1 . PRINCIPAL
2 . CAPITAL APPRECIATION
B . USE OF THE PROCEEDS OF LIQUIDATION OF DIRECT INVESTMENTS ABROAD BY RESIDENTS
1 . PRINCIPAL
2 . CAPITAL APPRECIATION
III . ADMISSION OF SECURITIES TO THE CAPITAL MARKET
A . ADMISSION OF SECURITIES OF A DOMESTIC UNDERTAKING TO A FOREIGN CAPITAL MARKET
1 . INTRODUCTION ( * ) ON A FOREIGN STOCK EXCHANGE :
( A ) OF SHARES AND OTHER SECURITIES OF A PARTICIPATING NATURE ;
( B ) OF BONDS :
( I ) DENOMINATED IN NATIONAL CURRENCY ;
( II ) DENOMINATED IN FOREIGN CURRENCY .
2 . ISSUE AND PLACING ( * ) ON A FOREIGN CAPITAL MARKET :
( A ) OF SHARES AND OTHER SECURITIES OF A PARTICIPATING NATURE ;
( B ) OF BONDS :
( I ) DENOMINATED IN NATIONAL CURRENCY ;
( II ) DENOMINATED IN FOREIGN CURRENCY .
B . ADMISSION OF SECURITIES OF A FOREIGN UNDERTAKING TO A DOMESTIC CAPITAL MARKET
1 . INTRODUCTION ON A DOMESTIC STOCK EXCHANGE :
( A ) OF SHARES AND OTHER SECURITIES OF A PARTICIPATING NATURE ;
( B ) OF BONDS :
( I ) DENOMINATED IN NATIONAL CURRENCY ;
( II ) DENOMINATED IN FOREIGN CURRENCY .
2 . ISSUE AND PLACING ON A DOMESTIC CAPITAL MARKET :
( A ) OF SHARES AND OTHER SECURITIES OF A PARTICIPATING NATURE ;
( B ) OF BONDS :
( I ) DENOMINATED IN NATIONAL CURRENCY ;
( II ) DENOMINATED IN FOREIGN CURRENCY .
C . ADMISSION OF DOMESTIC SECURITIES OF THE PUBLIC SECTOR TO A FOREIGN CAPITAL MARKET PURSUANT TO ARTICLE 68 ( 3 ) OF THE TREATY
1 . INTRODUCTION OF SECURITIES ON A FOREIGN STOCK EXCHANGE :
( A ) DENOMINATED IN NATIONAL CURRENCY ;
( B ) DENOMINATED IN FOREIGN CURRENCY .
2 . ISSUE AND PLACING OF SECURITIES ON A FOREIGN CAPITAL MARKET :
( A ) DENOMINATED IN NATIONAL CURRENCY ;
( B ) DENOMINATED IN FOREIGN CURRENCY .
D . ADMISSION OF FOREIGN SECURITIES OF THE PUBLIC SECTOR TO A DOMESTIC CAPITAL MARKET PURSUANT TO ARTICLE 68 ( 3 ) OF THE TREATY
1 . INTRODUCTION OF SECURITIES ON A DOMESTIC STOCK EXCHANGE :
( I ) DENOMINATED IN NATIONAL CURRENCY ;
( II ) DENOMINATED IN FOREIGN CURRENCY .
2 . ISSUE AND PLACING OF SECURITIES ON A DOMESTIC CAPITAL MARKET :
( I ) DENOMINATED IN NATIONAL CURRENCY ;
( II ) DENOMINATED IN FOREIGN CURRENCY .
IV . OPERATIONS IN SECURITIES ( * )
( NOT INCLUDED UNDER I , II OR III )
A . ACQUISITION BY NON-RESIDENTS OF DOMESTIC SECURITIES ( * ) DEALT IN ON A STOCK EXCHANGE ( * ) AND REPATRIATION OF THE PROCEEDS OF LIQUIDATION THEREOF
( A ) QUOTED ( * ) ;
( B ) UNQUOTED ( * ) .
1 . ACQUISITION OF SHARES ( * ) AND OTHER SECURITIES OF A PARTICIPATING NATURE .
2 . REPATRIATION OF THE PROCEEDS OF LIQUIDATION OF SHARES AND OTHER SECURITIES OF A PARTICIPATING NATURE .
3 . ACQUISITION OF BONDS ( * ) :
( I ) DENOMINATED IN NATIONAL CURRENCY ;
( II ) DENOMINATED IN FOREIGN CURRENCY .
4 . REPATRIATION OF THE PROCEEDS OF LIQUIDATION OF BONDS .
B . ACQUISITION BY RESIDENTS OF FOREIGN SECURITIES ( * ) DEALT IN ON A STOCK EXCHANGE AND USE OF THE PROCEEDS OF LIQUIDATION THEREOF
( A ) QUOTED ;
( B ) UNQUOTED .
1 . ACQUISITION OF SHARES AND OTHER SECURITIES OF A PARTICIPATING NATURE .
2 . USE OF THE PROCEEDS OF LIQUIDATION OF SHARES AND OTHER SECURITIES OF A PARTICIPATING NATURE .
3 . ACQUISITION OF BONDS :
( I ) DENOMINATED IN NATIONAL CURRENCY ;
( II ) DENOMINATED IN FOREIGN CURRENCY .
4 . USE OF THE PROCEEDS OF LIQUIDATION OF BONDS .
C . ACQUISITION BY NON-RESIDENTS OF DOMESTIC SECURITIES NOT DEALT IN ON A STOCK EXCHANGE AND REPATRIATION OF THE PROCEEDS OF LIQUIDATION THEREOF
1 . ACQUISITION OF SHARES AND OTHER SECURITIES OF A PARTICIPATING NATURE .
2 . REPATRIATION OF THE PROCEEDS OF LIQUIDATION OF SHARES AND OTHER SECURITIES OF A PARTICIPATING NATURE .
3 . ACQUISITION OF BONDS :
( I ) DENOMINATED IN NATIONAL CURRENCY ;
( II ) DENOMINATED IN FOREIGN CURRENCY .
4 . REPATRIATION OF THE PROCEEDS OF LIQUIDATION OF BONDS .
D . ACQUISITION BY RESIDENTS OF FOREIGN SECURITIES NOT DEALT IN ON A STOCK EXCHANGE AND USE OF THE PROCEEDS OF LIQUIDATION THEREOF
1 . ACQUISITION OF SHARES AND OTHER SECURITIES OF A PARTICIPATING NATURE .
2 . USE OF THE PROCEEDS OF LIQUIDATION OF SHARES AND OTHER SECURITIES OF A PARTICIPATING NATURE .
3 . ACQUISITION OF BONDS :
( I ) DENOMINATED IN NATIONAL CURRENCY ;
( II ) DENOMINATED IN FOREIGN CURRENCY .
4 . USE OF THE PROCEEDS OF LIQUIDATION OF BONDS .
E . PHYSICAL MOVEMENTS OF SECURITIES
1 . BELONGING TO NON-RESIDENTS :
( A ) IMPORT ;
( B ) EXPORT .
2 . BELONGING TO RESIDENTS :
( A ) IMPORT ;
( B ) EXPORT .
V . INVESTMENTS IN REAL ESTATE ( * )
( NOT INCLUDED UNDER I AND II )
A . INVESTMENTS IN REAL ESTATE ON NATIONAL TERRITORY BY NON-RESIDENTS AND REPATRIATION OF THE PROCEEDS OF LIQUIDATION THEREOF
1 . ACQUISITION OF REAL ESTATE .
2 . REPATRIATION OF THE PROCEEDS OF LIQUIDATION OF REAL ESTATE .
B . INVESTMENTS IN REAL ESTATE ABROAD BY RESIDENTS AND USE OF THE PROCEEDS OF LIQUIDATION THEREOF
1 . ACQUISITION OF REAL ESTATE .
2 . USE OF THE PROCEEDS OF LIQUIDATION OF REAL ESTATE .
VI . SHORT-TERM INVESTMENTS IN TREASURY BILLS AND OTHER SECURITIES NORMALLY DEALT IN ON THE MONEY MARKET
1 . DENOMINATED IN NATIONAL CURRENCY .
2 . DENOMINATED IN FOREIGN CURRENCY .
A . SHORT-TERM INVESTMENTS BY NON-RESIDENTS ON A DOMESTIC MONEY MARKET AND REPATRIATION OF THE PROCEEDS OF LIQUIDATION THEREOF
( A ) BY NATURAL PERSONS ( * ) * OTHER THAN FINANCIAL INSTITUTIONS
( B ) BY LEGAL PERSONS ( * )
( C ) BY FINANCIAL INSTITUTIONS . ( * )
B . SHORT-TERM INVESTMENTS BY RESIDENTS ON A FOREIGN MONEY MARKET AND USE OF THE PROCEEDS OF LIQUIDATION THEREOF
( A ) BY NATURAL PERSONS * OTHER THAN FINANCIAL INSTITUTIONS
( B ) BY LEGAL PERSONS
( C ) BY FINANCIAL INSTITUTIONS . ( * )
VII . GRANTING AND REPAYMENT OF CREDITS RELATED TO COMMERCIAL TRANSACTIONS
1 . IN WHICH A RESIDENT IS PARTICIPATING .
2 . IN WHICH NO RESIDENT IS PARTICIPATING .
A . CREDITS GRANTED BY NON-RESIDENTS TO RESIDENTS :
( I ) SHORT-TERM ( LESS THAN ONE YEAR ) ;
( II ) MEDIUM-TERM ( FROM ONE TO FIVE YEARS ) ;
( III ) LONG-TERM ( FIVE YEARS OR MORE ) ;
( A ) BY NATURAL PERSONS * OTHER THAN FINANCIAL INSTITUTIONS
( B ) BY LEGAL PERSONS
( C ) BY FINANCIAL INSTITUTIONS .
B . CREDITS GRANTED BY RESIDENTS TO NON-RESIDENTS :
( I ) SHORT-TERM ( LESS THAN ONE YEAR ) ;
( II ) MEDIUM-TERM ( FROM ONE TO FIVE YEARS ) ;
( III ) LONG-TERM ( FIVE YEARS OR MORE ) ;
( A ) BY NATURAL PERSONS * OTHER THAN FINANCIAL INSTITUTIONS
( B ) BY LEGAL PERSONS
( C ) BY FINANCIAL INSTITUTIONS .
VIII . GRANTING AND REPAYMENT OF LOANS AND CREDITS NOT RELATED TO COMMERCIAL TRANSACTIONS
( NOT INCLUDED UNDER I AND X )
A . LOANS AND CREDITS GRANTED BY NON-RESIDENTS TO RESIDENTS :
( I ) SHORT-TERM ( LESS THAN ONE YEAR ) ;
( II ) MEDIUM-TERM ( FROM ONE TO FIVE YEARS ) ;
( III ) LONG-TERM ( FIVE YEARS OR MORE ) ;
( A ) BY NATURAL PERSONS * OTHER THAN FINANCIAL INSTITUTIONS
( B ) BY LEGAL PERSONS
( C ) BY FINANCIAL INSTITUTIONS .
B . LOANS AND CREDITS GRANTED BY RESIDENTS TO NON-RESIDENTS :
( I ) SHORT-TERM ( LESS THAN ONE YEAR ) ;
( II ) MEDIUM-TERM ( FROM ONE TO FIVE YEARS ) ;
( III ) LONG-TERM ( FIVE YEARS OR MORE ) ;
( A ) BY NATURAL PERSONS * OTHER THAN FINANCIAL INSTITUTIONS
( B ) BY LEGAL PERSONS
( C ) BY FINANCIAL INSTITUTIONS .
IX . OPENING AND PLACING OF FUNDS ON CURRENT OR DEPOSIT ACCOUNTS , REPATRIATION OR USE OF BALANCES ON CURRENT OR DEPOSIT ACCOUNTS WITH CREDIT INSTITUTIONS ( * )
A . BY NON-RESIDENTS WITH DOMESTIC CREDIT INSTITUTIONS
1 . ACCOUNTS AND BALANCES IN NATIONAL CURRENCY .
2 . ACCOUNTS AND BALANCES IN FOREIGN CURRENCY :
( A ) BY NATURAL PERSONS * OTHER THAN FINANCIAL INSTITUTIONS .
( B ) BY LEGAL PERSONS
( C ) BY FINANCIAL INSTITUTIONS .
B . BY RESIDENTS WITH FOREIGN CREDIT INSTITUTIONS
1 . ACCOUNTS AND BALANCES IN NATIONAL CURRENCY .
2 . ACCOUNTS AND BALANCES IN FOREIGN CURRENCY :
( A ) BY NATURAL PERSONS * OTHER THAN FINANCIAL INSTITUTIONS
( B ) BY LEGAL PERSONS
( C ) BY FINANCIAL INSTITUTIONS .
X . PERSONAL CAPITAL MOVEMENTS
( NOT COVERED BY THE OTHER SECTIONS )
A . LOANS
1 . LOANS GRANTED BY NON-RESIDENTS TO RESIDENTS .
2 . LOANS GRANTED BY RESIDENTS TO NON-RESIDENTS .
B . GIFTS AND ENDOWMENTS
C . DOWRIES
D . INHERITANCES
E . SETTLEMENT OF DEBTS IN THEIR COUNTRY OF ORIGIN BY IMMIGRANTS
F . TRANSFERS OF CAPITAL BELONGING TO RESIDENTS WHO EMIGRATE AND ARE
1 . NATIONALS OF THE COUNTRY IN QUESTION .
2 . NATIONALS OF OTHER COUNTRIES .
G . TRANSFERS OF CAPITAL BELONGING TO EMIGRANTS RETURNING TO THEIR COUNTRY OF ORIGIN
XI . TRANSFERS IN PERFORMANCE OF INSURANCE CONTRACTS
A . PREMIUMS AND PAYMENTS IN RESPECT OF LIFE ASSURANCE
1 . CONTRACTS CONCLUDED BETWEEN DOMESTIC LIFE ASSURANCE COMPANIES AND NON-RESIDENTS .
2 . CONTRACTS CONCLUDED BETWEEN FOREIGN LIFE ASSURANCE COMPANIES AND RESIDENTS .
B . PREMIUMS AND PAYMENTS IN RESPECT OF CREDIT INSURANCE
1 . CONTRACTS CONCLUDED BETWEEN DOMESTIC CREDIT INSURANCE COMPANIES AND NON-RESIDENTS .
2 . CONTRACTS CONCLUDED BETWEEN FOREIGN CREDIT INSURANCE COMPANIES AND RESIDENTS .
C . OTHER CAPITAL TRANSFERS IN RESPECT OF INSURANCE CONTRACTS
XII . SURETIES , OTHER GUARANTEES AND PLEDGES AND TRANSFERS CONNECTED WITH THEM
A . GRANTED BY NON-RESIDENTS TO RESIDENTS
B . GRANTED BY RESIDENTS TO NON-RESIDENTS
XIII . IMPORT AND EXPORT OF FINANCIAL ASSETS
A . SECURITIES ( NOT INCLUDED UNDER IV ) AND MEANS OF PAYMENT OF ALL KINDS
B . GOLD
XIV . OTHER CAPITAL MOVEMENTS
EXPLANATORY NOTES
FOR THE PURPOSE OF THIS NOMENCLATURE THE FOLLOWING EXPRESSIONS HAVE THE MEANINGS ASSIGNED TO THEM RESPECTIVELY :
DIRECT INVESTMENTS
INVESTMENTS OF ALL KINDS BY NATURAL PERSONS OR COMMERCIAL , INDUSTRIAL OR FINANCIAL UNDERTAKINGS , AND WHICH SERVE TO ESTABLISH OR TO MAINTAIN LASTING AND DIRECT LINKS BETWEEN THE PERSON PROVIDING THE CAPITAL AND THE ENTREPRENEUR TO WHOM OR THE UNDERTAKING TO WHICH THE CAPITAL IS MADE AVAILABLE IN ORDER TO CARRY ON AN ECONOMIC ACTIVITY . THIS CONCEPT MUST THEREFORE BE UNDERSTOOD IN ITS WIDEST SENSE .
THE UNDERTAKINGS MENTIONED UNDER 1 INCLUDE LEGALLY INDEPENDENT UNDERTAKINGS ( WHOLLY OWNED SUBSIDIARIES ) AND BRANCHES .
AS REGARDS THOSE UNDERTAKINGS MENTIONED UNDER 2 WHICH HAVE THE STATUS OF COMPANIES LIMITED BY SHARES , THERE IS PARTICIPATION IN THE NATURE OF DIRECT INVESTMENT WHERE THE BLOCK OF SHARES HELD BY A NATURAL PERSON OR ANOTHER UNDERTAKING OR ANY OTHER HOLDER , ENABLES THE SHAREHOLDER , EITHER PURSUANT TO THE PROVISIONS OF NATIONAL LAWS RELATING TO COMPANIES LIMITED BY SHARES OR OTHERWISE , TO PARTICIPATE EFFECTIVELY IN THE MANAGEMENT OF THE COMPANY OR IN ITS CONTROL .
LONG-TERM LOANS OF A PARTICIPATING NATURE , MENTIONED UNDER 3 , MEANS LOANS FOR A PERIOD OF MORE THAN FIVE YEARS WHICH ARE MADE FOR THE PURPOSE OF ESTABLISHING OR MAINTAINING LASTING ECONOMIC LINKS . THE MAIN EXAMPLES WHICH MAY BE CITED ARE LOANS GRANTED BY A COMPANY TO ITS SUBSIDIARIES OR TO COMPANIES IN WHICH IT HAS A SHARE AND LOANS LINKED WITH A PROFIT-SHARING ARRANGEMENT . LOANS GRANTED BY FINANCIAL INSTITUTIONS WITH A VIEW TO ESTABLISHING OR MAINTAINING LASTING ECONOMIC LINKS ARE ALSO INCLUDED UNDER THIS HEADING .
RESIDENTS OR NON-RESIDENTS
NATURAL AND LEGAL PERSONS ACCORDING TO THE DEFINITIONS LAID DOWN IN THE EXCHANGE CONTROL REGULATIONS IN FORCE IN EACH MEMBER STATE .
PROCEEDS OF LIQUIDATION ( OF INVESTMENTS , SECURITIES , ETC . )
PROCEEDS OF SALES , AMOUNT OF REPAYMENTS , PROCEEDS OF EXECUTION OF JUDGMENTS , ETC .
INTRODUCTION ON A STOCK EXCHANGE
THE ADMISSION OF SECURITIES IN ACCORDANCE WITH A SPECIFIED PROCEDURE TO DEALINGS ON A STOCK EXCHANGE , WHETHER CONTROLLED OFFICIALLY OR UNOFFICIALLY , AND THEIR ADMISSION TO PUBLIC SALE .
SECURITIES DEALT IN ON A STOCK EXCHANGE ( QUOTED OR UNQUOTED )
SECURITIES THE DEALINGS IN WHICH ARE CONTROLLED BY REGULATIONS , AND PRICES FOR WHICH ARE REGULARLY PUBLISHED , EITHER BY OFFICIAL STOCK EXCHANGES ( QUOTED SECURITIES ) OR BY OTHER BODIES ATTACHED TO A STOCK EXCHANGE , E.G . COMMITTEES OF BANKS ( UNQUOTED SECURITIES ) .
PLACING OF SECURITIES
THE DIRECT SALE OF SECURITIES BY THE ISSUER , OR SALE THEREOF BY THE CONSORTIUM WHICH THE ISSUER HAS INSTRUCTED TO SELL THEM .
OPERATIONS IN SECURITIES
ANY DEALINGS IN SECURITIES , INCLUDING THE INITIAL SALE OF UNITS BY UNIT TRUSTS .
DOMESTIC OR FOREIGN SECURITIES
SECURITIES ACCORDING TO THE COUNTRY IN WHICH THE ISSUER HAS HIS PRINCIPAL PLACE OF BUSINESS .
SHARES
INCLUDE RIGHTS TO SUBSCRIBE FOR NEW ISSUES OF SHARES .
BONDS ( UNDER IV OF THE NOMENCLATURE )
BONDS ISSUED BY PUBLIC OR PRIVATE BODIES .
INVESTMENTS IN REAL ESTATE
PURCHASES OF BUILDINGS AND LAND AND THE CONSTRUCTION OF BUILDINGS BY PRIVATE PERSONS FOR GAIN OR PERSONAL USE . THIS CATEGORY DOES NOT INCLUDE LOANS SECURED BY MORTGAGES BUT IT DOES INCLUDE RIGHTS OF USUFRUCT , EASEMENT AND BUILDING RIGHTS .
NATURAL OR LEGAL PERSON
AS DEFINED BY THE NATIONAL RULES .
FINANCIAL INSTITUTIONS
BANKS , SAVINGS BANKS AND INSTITUTIONS SPECIALISING IN THE PROVISION OF SHORT - , MEDIUM - AND LONG-TERM CREDIT , AND INSURANCE COMPANIES , BUILDING SOCIETIES , INVESTMENT COMPANIES AND OTHER INSTITUTIONS OF LIKE CHARACTER .
CREDIT INSTITUTIONS
BANKS , SAVINGS BANKS AND INSTITUTIONS SPECIALISING IN THE PROVISION OF SHORT - , MEDIUM - AND LONG-TERM CREDIT .
( * ) SEE EXPLANATORY NOTES , P . 59 . |
EAEC Commission: Regulation No 8 defining the nature and the extent of the requirements referred to in Article 79 of the Treaty
Official Journal 034 , 29/05/1959 P. 0651 - 0660
Danish special edition: Series I Chapter 1959-1962 P. 0026
English special edition: Series I Chapter 1959-1962 P. 0027
Greek special edition: Chapter 12 Volume 1 P. 0025
REGULATION No 8 OF THE COMMISSION defining the nature and the extent of the requirements referred to in Article 79 of the Treaty
THE COMMISSION OF THE EUROPEAN ATOMIC ENERGY COMMUNITY,
Having regard to the provisions of the Treaty, and in particular those of Article 79 thereof;
Having regard to the approval of those provisions given by the Council on 28 May 1959;
Whereas it is essential, in order to discharge the responsibility entrusted to the Commission by the Treaty in regard to safeguards, that rules be laid down for accounting for ores, source materials and special fissile materials;
HAS ADOPTED THIS REGULATION:
Article 1
This Regulation defines the nature and the extent of the requirements specified in Article 79 of the Treaty, in order that the Commission may ascertain the quantity and nature of materials subject to safeguards and in actual existence in the Community, the place where they are located and the transfers in which they are involved, without prejudice to the application of the third paragraph of Article 84.
PART ONE General provisions
Article 2
Producers and users of ores, source materials and special fissile materials shall keep materials accounting records enabling them to forward statements as provided for in this Regulation to the Commission and to produce evidence in support thereof, making allowance for the unavoidable margin of error.
Article 3
Producers of ores shall, by 15 April, 15 July, 15 October and 15 January at the latest, communicate to the Commission, in the form set out in Statement No I annexed to this Regulation, the tonnage and mean uranium and thorium content of the ore extracted during the preceding quarter and of the reserves in situ on the last day of that quarter.
Article 4
Producers and users of source materials or special fissile materials shall, on the actual date of dispatch or receipt and in the form set out in Statement No II annexed to this Regulation, communicate to the Commission any exports of source materials or special fissile materials to places outside the Community and any imports of such materials into the Community. The communication procedure provided for in the preceding paragraph shall also be incumbent on the last or first holder of the materials within the Community where such holder is a person or undertaking other than the producer, user or carrier of those materials.
Article 5
Producers and users of source materials or of special fissile materials shall, by the fifteenth of each month at the latest, communicate to the Commission in respect of each of their installations: (a) A monthly return in the form set out in Statement No III annexed to this Regulation, of materials in hand during the preceding month, together with a summary of the dispatches and receipts of materials during that month, showing in respect of each : date, quantity, composition, form and supplier or consignee;
(b) A statement (hereinafter called "inventory") of materials in hand on the last day of the preceding month.
This inventory, which shall be in a form to be determined by the parties concerned, shall specify: (1) The quantity, composition and form of the materials at and the location of each storage point;
(2) The quantity, composition and form of the materials undergoing processing;
(3) Any observations to account for differences and losses shown in the return for that same month.
The first inventory submitted under this Regulation shall show the method or methods employed in drawing it up and in measuring the quantities received and dispatched. The same procedure shall apply to subsequent inventories where there is any change in the method or methods employed.
Article 6
Any loss of source materials or special fissile materials in abnormal quantities or as a result of exceptional circumstances shall be communicated forthwith and by the speediest means to the Commission by the operator of the installation where the loss occurs or by the consignee if it occurs in course of transit, or by the last holder in the case of export to places outside the Community.
The reasons shall be given at the time if known or, if not then known, at the earliest possible time.
PART TWO Special provisions
Article 7
Reactors: - From the second month following the entry into force of this Regulation and in respect of those months during which there has been no charging or discharging of the reactor or movement of fuel into or out of the installation, operators shall furnish only the Form laid down for the monthly return prescribed in Article 5, marked "position unchanged".
- Up to the time of their leaving the installation, source materials and special fissile materials shall be shown in the return and in the inventory prescribed in Article 5 according to their initial composition.
- In respect of irradiated fuels dispatched to consignees outside the installation, the return and summary prescribed in Article 5 shall show, with the unavoidable margin of error, the quantities of source materials and of special fissile materials consumed and produced.
- The inventory prescribed in Article 5 shall specify the number of fuel elements, grouping them by batches having identical initial composition.
Article 8
In the case of users of soucre materials who employ those materials exclusively for production processes unrelated to the fuel cycle, the statements prescribed in Articles 4 and 5 shall be replaced by a quarterly consolidated list of the quantities received, to be communicated to the Commission by the fifteenth of the month following the end of the quarter at the latest. The list shall show the origin and destination of the source materials received.
Article 9
Ores, source materials and special fissile materials subject to a particular safeguarding obligation assumed by the Community or by a Member State under an agreement concluded with a third State or an international organisation shall be the subject of separate communications as laid down in this Regulation.
PART THREE Detailed rules of application
Article 10
1. The prescribed returns shall be made in kilogrammes for source materials and in grammes for special fissile materials.
The returns shall show the total weight of the elements contained, namely, uranium, thorium or plutonium, together with that of each of the isotopes of plutonium and of uranium where the latter is enriched or depleted.
A separate communication shall be made out for each material.
2. The corresponding materials accounting records shall be kept, without erasures or interlineations, in the same or smaller units.
3. In the communications, numbers containing a decimal fraction shall be rounded off to the next higher or lower whole number, according to whether the decimal fraction is greater or less than 0.5.
Where the decimal fraction is 0.5, the number shall be rounded off to the next higher or lower whole number, according to whether the digit preceding the decimal point is an even or an odd number.
4. The stages of production or use set out below shall each be the subject of separate communications under Article 5, even where more than one stage is carried out in one and the same installation:
Concentration of uranium and thorium ores;
Chemical processing and refining of uranium and thorium concentrates;
Production of uranium hexafluoride;
Production of enriched uranium;
Preparation of nuclear fuels in any form;
Fabrication of nuclear fuel elements;
Processing of irradiated fuels for the purpose of separating some or all of the elements contained therein;
Operation of nuclear reactors of all types and for all purposes.
5. Research centres shall complete a separate communication for each of their reactors and a single return for all their other research installations.
Article 11
For the purposes of this Regulation: (a) "Special fissile materials" means plutonium-239 ; uranium-233 ; uranium enriched in uranium-235 or 233 ; any substance containing one or more of those isotopes and such other fissile materials as shall from time to time be determined by the Council, acting by a qualified majority on a proposal from the Commission ; the term "special fissile materials" does not, however, include source materials.
(b) "Uranium enriched in uranium-235 or 233" means uranium containing either uranium-235 or uranium-233, or both these isotopes in such a quantity that the abundance ratio of the sum of these two isotopes to the isotope 238 is greater than the ratio of the isotope 235 to the isotope 238 occurring in natural uranium.
(c) "Source materials" means uranium containing the mixture of isotopes occuring in nature ; uranium depleted in uranium-235 ; thorium ; any of the foregoing in the form of metal, alloy, chemical compound or concentrate ; any other substance containing one or more of the foregoing in such a concentration as shall from time to time be determined by the Council, acting by a qualified majority on a proposal from the Commission.
(d) "Ores" means any ore containing, in such average concentration as shall from time to time be determined by the Council, acting by a qualified majority on a proposal from the Commission, substances from which the source materials defined above may be obtained by the appropriate chemical and physical processing.
(e) A reactor and its adjoining sites for storing fresh and irradiated fuels shall constitute an installation.
Article 12
Where an installation is owned by a person or an undertaking established outside the Community, the obligations prescribed by this Regulation shall devolve on the local management of the establishment.
Article 13
The forms appended to this Regulation shall constitute an integral part thereof.
Article 14
This Regulation shall enter into force on 1 June 1959.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 12 March 1959.
For the Commission
The President
É. HIRSCH
B - Consolidated list of dispatches and receipts (Items 7 and 10 of materials return) |
Directives laying down the basic standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiations
Official Journal 011 , 20/02/1959 P. 0221 - 0239
Finnish special edition: Chapter 15 Volume 1 P. 0003
Swedish special edition: Chapter 15 Volume 1 P. 0003
Greek special edition: Chapter 05 Volume 4 P. 0224
Danish special edition: Series I Chapter 1959-1962 P. 0007
English special edition: Series I Chapter 1959-1962 P. 0007
DIRECTIVES laying down the basic standards for the protection of the health of workers and the general public against the dangers arising from ionising radiations
THE COUNCIL OF THE EUROPEAN ATOMIC ENERGY COMMUNITY,
Having regard to the provisions of the Treaty, and in particular Articles 30 and 31 thereof;
Having regard to the opinion of the group of experts appointed by the Scientific and Technical Committee from among the scientific experts of the Member States;
Having regard to the Opinion of the Economic and Social Committee;
Having regard to the proposal from the Commission ; After consulting the European Parliament;
Whereas basic standards for the protection of the health of workers and the general public against the dangers arising from ionising radiations must, as specified in the Treaty, be laid down in order to enable each Member State, in accordance with Article 33 of the Treaty, to lay down the appropriate laws, regulations or administrative provisions to ensure compliance, to take the necessary measures with regard to teaching, education and vocational training, and to lay down such provisions in harmony with those applicable in this field in the other Member States;
Whereas the protection of the health of workers and of the general public requires that any activity involving a danger arising from ionising radiation must be made subject to rules;
Whereas it is necessary that basic standards be adapted to the conditions governing the use of nuclear energy and that they vary according to whether occupationally exposed persons or persons belonging to special groups of the population are concerned or protection of the population as a whole is envisaged;
Whereas the protection of the health of the general public entails a system of surveillance, inspection and accident procedure;
Whereas procedure for the protection of the health of workers calls for both medical and physical radiation protection surveillance;
HAS ADOPTED THESE DIRECTIVES:
TITLE I
Definitions
Article 1
For the purposes of these Directives, the following terms have the meaning hereby assigned to them: § 1 - Physical and Radiological Terms
"Maximum permissible concentration of a radioactive nuclide" : the concentration of this nuclide in air inhaled or in drinking water which delivers the maximum permissible dose under conditions of continuous exposure. It is expressed in units of activity per unit volume.
"Contamination" : radioactive contamination, i.e. the contamination of any material or any area by radioactive substances.
In the particular case of workers, such contamination includes both external skin contamination and internal contamination irrespective of method of intake (inhalation, ingestion, absorption through the skin, etc.).
"Disintegration" : the process of spontaneous breakdown of a nucleus of an atom resulting in the emission of a particle or a photon or of a particle and a photon.
"Natural background radiation" : all ionising radiations from natural terrestrial and cosmic sources.
"Uptake" : internal contamination in which radioactive substances participate in the metabolism of the body.
"Exposure" : any exposure to ionising radiation ; a distinction is made between external radiation, where the source is outside the body, and internal radiation, which is caused by the uptake of radioactive substances.
"Planned abnormal exposure" : total exposure to ionising radiation of an occupationally exposed person, studied and accepted beforehand as a risk.
"Nuclide" : the atom defined by its mass number, atomic number and energy state.
"Ionising radiations" : eletromagnetic radiations (X-ray or gamma-ray photons or quanta), or corpuscular radiations (alpha particles, beta particles, electrons, positrons, protons, neutrons and heavy particles) capable of producing ions.
"Radioactivity" : spontaneous disintegration of a nuclide, with the emission of a particle or a photon, to form a different nuclide.
"Radiotoxicity" : the toxicity attributable to ionising radiations emitted by an incorporated radioactive element ; it depends not only on the radioactive characteristics but also on the metabolism of the element in the body or in the organ, and therefore on its chemical and physical state.
"Source" : an apparatus or substance capable of emitting ionising radiations.
"Sealed source" : a source consisting of radioactive substances firmly incorporated in solid and inactive materials, or sealed in an inactive container of strength sufficient to prevent, under normal conditions of use, any dispersion of radioactive substances and any possibility of contamination.
"Unsealed source" : a source consisting of radioactive substances in such a form that dispersion of radioactive substances cannot be prevented and risk of contamination cannot be eliminated.
"Radioactive substances" : all substances displaying the characteristics of radioactivity.
§ 2 - Other Terms
"Accident" : an unforeseen event which entails risk of exposure exceeding the maximum permissible doses.
"Medical surveillance" : all the medical examinations and the measures taken by an approved medical practitioner for health surveillance of workers with a view to protecting them against ionising radiations, and to ensure compliance with the basic standards.
"Physical surveillance" : all the surveys, monitoring and tests carried out with a view to protecting the health of workers and of the general public against ionising radiations, and to ensure compliance with the basic standards.
"Qualified expert" : a person having the knowledge and training needed both to measure ionising radiations and to give advice in order to ensure the effective protection of individuals and the correct operation of protective facilities, and having qualifications recognised by the competent authority.
"Special groups of the population" : these groups include: (a) persons who enter the controlled area occasionally in the course of their duties, but are not regarded as "occupationally exposed persons";
(b) persons who handle apparatus emitting ionising radiations or containing radioactive substances in quantities such that the radiations emitted do not result in the maximum permissible dose for this category of person being exceeded;
(c) persons who reside in the vicinity of the controlled area and as a result may be subjected to an exposure higher than that laid down for the population as a whole.
"Approved medical practitioner" : a medical practitioner responsible for medical control whose qualifications and competence are recognised and approved by the competent authority.
"Occupationally exposed persons" : persons who in a controlled area regularly undertake work exposing them to the dangers arising from ionising radiations.
"Controlled area" : a specified area in which there is a source of ionising radiations and where occupationally exposed persons are liable to receive a dose higher than 1.5 rem per year ; in this area both physical and medical radiation surveillance are applied.
"Protected area" : any area surrounding a controlled area where there is a permanent danger of the maximum permissible dose for the general public being exceeded, and where there is physical radiation protection surveillance.
§ 3 - Units and Symbols
"Rad" : the unit of absorbed dose : 1 rad equals 100 ergs per gramme of irradiated material at the place of interest.
"Rem" : corresponds to the quantity of ionising radiation which, when absorbed by the human body, produces a biological effect identical to that produced in the same tissue by the absorption of one rad of X-radiation.
The X-rays taken as reference are those producing an average specific ionisation of 100 ion pairs per micron of water. This corresponds to X-rays of about 250 kV.
"Röntgen" : the quantity of X- or gamma radiation which the associated corpuscular emission per 0.001293 gramme of air produces, in air, ions carrying a quantity of electricity of either sign equal to one electrostatic unit.
§ 4 - Activity and Doses
"Activity" : the number of disintegrations per unit time ; activity is expressed in "curies".
"Absorbed dose" : the amount of energy imparted to matter by ionising particles per unit mass of irradiated material at the place of interest, whatever type of ionising radiation is used. The unit of absorbed dose is the "rad".
"Exposure dose" : of X- or gamma rays at a given place : the measure of radiation in terms of its ability to produce ionisation. The unit of exposure dose of X- or gamma rays is the "röntgen" (r).
"Personal dose" : the dose of ionising radiations received by any individual during a given period of time.
"Integral absorbed dose" : the total quantity of energy imparted by ionising particles to material throughout the region of interest.
The unit of integral absorbed dose is the "grammerad".
"Relative biological effectiveness" (RBE) : the ratio of a dose of X-rays taken as reference to the dose of the ionising radiation in question which produces the same biological effect. The accepted values of the RBE of various types of radiation are given in the following Table:
"Biological effective dose" or "RBE dose" : determined by multiplying the absorbed rad dose by the RBE factor. The RBE dose is expressed in "rem".
"Maximum permissible doses compatible with adequate safety" : the doses of ionising radiation which, in the light of present knowledge, are not expected to cause bodily injury to a person at any time during his life or to the population as a whole.
Such doses are assessed on the basis of the radiation received by individuals or by the population as a whole, excluding natural background radiation and radiation received in the course of medical examination and treatment.
"Accumulated dose" : expresses the sum of all the doses, integrated in time, which an individual has received from any source, with the exception of those due to natural background radiation and to medical examination and treatment.
"Population dose" : the dose of ionising radiations received by a population during a given period of time and weighted in relation to demographic data.
TITLE II Scope
Article 2
These Directives shall apply to the production, processing, handling, use, holding, storage, transport and disposal of natural and artificial radioactive substances and to any other activity which involves a danger arising from ionising radiations.
Article 3
Each Member State shall make the reporting of the activities referred to in Article 2 compulsory and, in cases to be determined by the Member State in relation to the degree of danger arising from such activities, shall make the activities subject to, a procedure for prior authorisation.
Article 4
This procedure for reporting and for obtaining prior authorisation may be waived in the case of: (a) radioactive substances with a total activity of less than 0.1 microcurie. This value is applied to the most highly toxic radioactive nuclides. Other values are determined in each case by reference to the relative radiotoxicity and the information given in the Tables in Annex I to these Directives;
(b) radioactive substances of a concentration of less than 0.002 microcurie per gramme and solid natural radioactive substances of a concentration of less than 0.01 microcurie per gramme;
(c) apparatus emitting ionising radiations of a type accepted by the competent authorities, provided that the radioactive materials are effectively protected against any contact or leakage and that the dose emitted, at any time and at any external point 0.1 metres from the surface of the apparatus does not exceed 0.1 millirem per hour.
Article 5
Apart from the cases provided for by national legislation, a prior authorisation shall always be required for: (a) the use of radioactive substances for medical purposes;
(b) the addition of radioactive substances in the manufacture of foodstuffs, and in pharmaceutical goods, cosmetics and products for household use, and in the handling of such foodstuffs, pharmaceutical goods and products;
(c) the use of radioactive substances in the manufacture of toys.
TITLE III Maximum permissible doses compatible with adequate safety
Article 6
§ 1 - Exposure of persons and the number of persons exposed to ionising radiations must be kept to a minimum.
§ 2 - Persons under the age of eighteen must not be employed in work involving occupational exposure to the risk of ionising radiation.
§ 3 - During pregnancy or the nursing period, women must not be employed in work involving a risk of high exposure.
CHAPTER I Maximum permissible doses for occupationally exposed persons
Article 7
WHOLE-BODY EXPOSURE
§ 1 - The maximum permissible dose for a person occupationally exposed shall be expressed in rem and shall be calculated by reference to age and to an average annual dose of 5 rem.
The maximum permissible dose for an occupationally exposed person, of a given age, shall be calculated in accordance with the basic formula:
Dose D is the dose actually received in the bloodforming organs, the gonads and the lenses of the eyes.
§ 2 - Protective devices shall be based on an average weekly dose of 0.1 rem.
§ 3 - The maximum cumulative dose in any period of thirteen consecutive weeks shall not exceed 3 rem. The following shall be taken into account in calculating the dose: (a) Persons aged eighteen and over may receive a cumulative dose of 3 rem (distributed over thirteen consecutive weeks), provided that the basic formula is complied with and that the dose accumulated over one year never exceeds 12 rem.
A single dose of 3 rem may be permitted only as an exception.
(b) When the dose previously accumulated is known with certainty and is below the dose calculated according to the basic formula, doses may be accumulated at the rate of 3 rem per 13 weeks as long as the maximum permissible dose calculated according to the basic formula has not been reached.
(c) When the dose previously accumulated is not known with certainty, it shall be assumed to be equal to the maximum permissible dose calculated according to the basic formula.
(d) When the dose previously accumulated is known with certainty and corresponds to standards applying at a time when the recommended maximum permissible doses were higher than those derived from the basic formula, the method of calculation shall be as stipulated in (c).
Article 8
PLANNED ABNORMAL EXPOSURE
In the case of a planned abnormal exposure, a dose of 12.5 rem may be permitted for occupationally exposed persons. This dose may be received only once in a lifetime ; it shall be included in the maximum permissible total dose calculated according to the basic formula. Any excess in relation to that maximum permissible total dose calculated according to the basic formula shall be disregarded.
Women of reproductive age may not be subjected to a planned abnormal exposure.
Article 9
ACCIDENTAL WHOLE-BODY EXPOSURE
Where there is accidental exposure of an occupationally exposed person, a dose between 3 and 25 rem, provided that it is received only once in a lifetime, shall be included in the maximum permissible cumulative dose corresponding to the age of the individual and calculated in accordance with the basic formula. Any excess in relation to that maximum permissible total dose shall be disregarded.
Article 10
PARTIAL EXPOSURE
Where there is partial exposure of the body, during which the doses received by the blood-forming organs, the gonads and the lenses of the eyes together do not exceed the limits set by the basic formula, the maximum permissible dose shall be laid down as follows: (a) for external exposures of the extremities (hands and forearms, feet and ankles), 15 rem per 13 weeks and 60 rem per year;
(b) for external exposures of the whole skin, 8 rem per 13 weeks and 30 rem per year;
(c) for exposures of internal organs with the exception of the blood-forming organs, the grounds and the lenses of the eyes, 4 rem per 13 weeks and 15 rem per year.
CHAPTER II Maximum permissible doses for special groups of the population
Article 11
(a) For persons belonging to the special groups of the population within the meaning of (a) and (b) of the fifth subparagraph of § 2 of Article 1, the maximum permissible dose shall be laid down as 1.5 rem per year ; the dose in question is the dose actually received by the blood-forming organs, the gonads and the lenses of the eyes.
(b) For persons belonging to the special group of the population within the meaning of (c) of the fifth subparagraph of § 2 of Article 1, the maximum permissible dose shall be laid down as 0.5 rem per year ; the dose in question is the dose actually received by the blood-forming organs, the gonads and the lenses of the eyes.
CHAPTER III Maximum permissible dose for the population as a whole
Article 12
For the population as a whole, the maximum permissible dose shall be 5 rem per head, accumulated up to thirty years of age. This dose shall take into account, by weighting, the doses received by occupationally exposed persons and by special groups of the general public. It shall not take into account exposure to natural background radiation and exposure in the course of medical examination and treatment.
TITLE IV Maximum permissible exposure and contamination
Article 13
§ 1 - "Maximum permissible exposure" means the external exposure distributed in the body over a period of time and which imparts, in the light of present knowledge, the maximum permissible dose to the individual or to the general public.
§ 2 - Exposures shall, according to the case, be expressed in terms of exposure dose, dose measured in the air, or in particle flux.
§ 3 - The Table in Annex 2 to these Directives shows the corresponding neutron flux in respect of the maximum permissible dose for occupationally exposed persons.
Article 14
§ 1 - "Maximum permissible contaminations" means such contaminations that the quantities of radioactive nuclides present in air inhaled or in drinking water do not exceed the maximum permissible concentrations laid down in the Table in Annex 3 to these Directives.
§ 2 - Concentrations shall be expressed in activity per unit volume.
§ 3 - The Table in Annex 3 gives the concentrations which correspond to the maximum permissible dose for occupationally exposed persons.
§ 4 - Where there is contamination resulting from the uptake in the same organs of a mixture of radioactive nuclides the nature of which is known, the cumulative action of the exposures which the radioactive nuclides cause shall be taken into account.
§ 5 - Where there is contamination of a single organ by a mixture of radioactive nuclides the nature of which is known, the sum of the exposures from the different nuclides shall be taken into account in calculating the maximum permissible concentrations.
§ 6 - Where there is contamination of different organs by the uptake of a mixture of radioactive nuclides, this shall be regarded as total exposure.
§ 7 - Where there is contamination by a mixture of radioactive nuclides of unknown composition, the values to be used are those shown in the Table in Annex 3 for any mixture of beta and gamma emitters and for any mixture of alpha emitters.
Article 15
Where the exposure of occupationally exposed persons is limited to forty hours per week, the concentrations shown in the Table in Annex 3 for air inhaled may be multiplied by 3. Where persons remain for a limited period in an atmosphere contaminated by a radioactive substance, the conversion factor may be higher than 3, according to the exposure time ; however, the conversion factor shall never exceed 10.
Article 16
The values of maximum permissible exposure and contamination applicable to conditions other than those obtaining in the case of whole-body exposure of occupationally exposed persons shall be calculated from the maximum permissible doses as laid down in Part III. Outside controlled areas, the maximum permissible concentrations which determine the maximum permissible contaminations shall be laid down as one-tenth of the values shown in the Table in Annex 3.
Article 17
In order to ensure that the health of the population is protected having due regard to the maximum permissible doses laid down in Articles 11 and 12 and to the maximum permissible exposures and contaminations referred to in Articles 13, 14, 15 and 16, each Member State shall take surveillance, inspection and intervention measures in the event of an accident.
§ 1 - Surveillance shall comprise all the arrangements and surveys for the detection and elimination of factors which, in the production and use of ionising radiations or in the course of any operation involving exposure to their effects, may cause a radiation hazard for the population. The extent of the precautions taken shall depend on the magnitude of the radiation hazards, especially in the event of an accident, and on density of the population.
§ 2 - Surveillance shall be carried out: (a) in "protected areas", that is, the areas in which protection is based on observance of the maximum permissible dose of 0.5 rem per year laid down in Article 11 (b), for persons belonging to the special group of the population residing in the vicinity of the controlled area;
(b) in the whole territory for which the maximum permissible dose is that laid down for the population as a whole.
§ 3 - Surveillance shall comprise examination and checking of protective devices, and dose determinations to be effected for the protection of the population. (a) The examination and checking of devices shall include: 1. Examination and prior approval of plans for installations which involve radiation danger and of the proposed siting of these installations;
2. Acceptance of new installations as regards protection against any radiation or contamination liable to extend beyond the perimeter of the establishment, taking into consideration the demographic, meteorological, geological and hydrological conditions;
3. Checking the effectiveness of technical protective devices;
4. Acceptance, as regards physical surveillance, of facilities for measuring radiation and contamination;
5. Checking that measuring instruments are serviceable and correctly used.
(b) Dose determinations to be made for the protection of the population shall include: 1. Assessment of external exposure, indicating the quality of the radiations concerned and, according to the case, determination of the exposure dose, the dose measured in the air, or the flux;
2. Assessment of radioactive contamination, indicating the nature and the physical and chemical state of the radioactive contaminants, and the determination of their activity and their concentration (per unit volume in air and in water, per unit area on the ground, and per unit weight in biological and food samples);
3. Assessment of the "population dose", taking into consideration the conditions of exposure, and weighted in relation to demographic data. In particular, doses due to exposure to various sources of radiation must be added together whenever possible.
(c) The frequency of assessments shall in each case be such as to ensure compliance with the basic standards.
(d) Records relating to measurements of external exposure and contamination together with the assessments of any dose received by the population shall be preserved in archives.
§ 4 - Each Member State shall establish a system of inspection to supervise the protection of the health of the population and to initiate any surveillance and intervention measures whenever they prove necessary.
§ 5 -
(a) Member States shall, in case an accident occurs: 1. plan the measures to be taken by the competent authorities;
2. lay down and provide the necessary resources, both in personnel and in equipment, to enable action to be taken to safeguard and maintain the health of the population.
(b) Member States shall communicate to the Commission the arrangements made pursuant to 1 and 2 of subparagraph (a).
(c) Any accident involving exposure of the population to radiation must, where the circumstances so require, be notified as a matter of urgency to neighbouring Member States and to the Commission of Euratom.
TITLE V Fundamental principles governing health surveillance of workers
Article 18
§ 1 - Health surveillance of workers in the controlled areas shall consist of physical surveillance for protection against radiation and of medical surveillance.
§ 2 - A system or systems of inspection shall be established by each of the Member States to supervise such surveillance and to initiate measures for surveillance and intervention wherever necessary.
CHAPTER I Physical surveillance for protection against radiation
Article 19
Physical surveillance shall be undertaken by qualified experts whose qualifications are accepted by the competent authority. The scope of the resources used must depend on the size of the installations and the nature and type of such resources must depend on the hazards associated with the work involving exposure to ionising radiations.
Article 20
Physical surveillance shall include: § 1 - Specifying and marking out controlled areas, that is, areas in which the maximum permissible dose of 1.5 rem per year, laid down in Article 11 (a) for special groups of the population, may be exceeded and in which protection is based on compliance with the maximum permissible doses laid down in Chapter I of Part III for occupationally exposed persons.
§ 2 - Examination and checking of protective devices, including: (a) the examination and prior approval of plans for installations which involve radiation danger and of siting of these installations in the establishment;
(b) the acceptance of new installations as regards physical surveillance;
(c) checking the effectiveness of technical devices for protection;
(d) checking that measuring instruments are serviceable and correctly used.
§ 3 - The following assessments: (a) assessment of exposures in the localities concerned, indicating the nature and, where necessary, the quality of the radiations in question, in order to be able to take into account the relative biological effectiveness of the ionising radiations (RBE) and, according to the case, determination of the exposure dose, the dose measured in the air, or the flux;
(b) assessment of radioactive contamination, indicating the nature and the physical and chemical state of the radioactive contaminants, and determination of their activity and their concentration per unit volume and unit area;
(c) assessment, based on exposure conditions, of the personal whole-body dose received according to how exposure occurred. The accumulated personal dose of persons exposed to external radiation must be assessed by one or more individual radiation detectors continuously carried on the person ; the personal dose of those exposed to internal radiation must be assessed by any physical or medical method which enables the uptake to be evaluated.
Article 21
The frequency of assessments shall be laid down in such a way as to ensure compliance with the basic standards in each case.
Article 22
§ 1 - Records relating to the assessment of personal doses shall be preserved during the lifetime of the person concerned and in any case for at least thirty years after the cessation of work which involved exposure to ionising radiation.
§ 2 - Results of assessments of exposures and radioactive contaminations, and the action taken, shall be recorded and preserved.
CHAPTER II Medical surveillance
Article 23
Medical surveillance of workers shall be carried out by approved medical practitioners.
Article 24
§ 1 - No worker may be placed or retained in work involving exposure to ionising radiation if the medical findings are unfavourable.
§ 2 - Member States shall lay down the procedure for appeal against findings mentioned in § 1.
Article 25
Medical surveillance of workers shall include: § 1 - Pre-employment medical examination (a) This examination shall include a thorough enquiry into the medical history of the person, which must take into consideration any previous exposures to radiation, and a general clinical examination together with all the investigations necessary to judge the condition of the organs and functions liable to be most affected by exposure to radiation.
(b) The medical practitioner conducting the examination shall be informed of the initial duties and of any change in the duties of the worker, and of the exposures which these involve.
(c) Member States shall draw up a list, for the information of approved medical practitioners, showing the criteria which determine unsuitability.
§ 2 - Routine or special medical examinations to determine the condition of the most radiosensitive organs and functions (a) The frequency of these examinations shall depend on the working conditions and the worker's state of health. Not more than one year shall elapse between two successive examinations, and this interval shall be reduced whenever necessary on account of exposure conditions or the worker's state of health;
(b) The approved medical practitioner shall continue health surveillance after cessation of work for as long as he considers it necessary to safeguard the health of the person concerned;
(c) The following medical classification shall be adopted for work involving radiation hazards: 1. workers unsuitable for their duties, who must be moved away from the hazard;
2. workers placed under observation, whose ability to withstand the hazard must be proved;
3. suitable workers, able to continue to withstand the hazard which their duties involve;
4. workers under health surveillance after cessation of work which involved exposure to ionising radiations.
§ 3 - Special surveillance (a) Special surveillance shall be arranged in the event of severe external exposure and in the event of contamination of the worker;
(b) Routine medical examinations shall be supplemented by any examinations, decontamination measures and all urgent remedial treatment considered by the medical practitioner to be necessary.
(c) The medical practitioner shall decide whether the worker should remain at work, be moved away, or be isolated and whether urgent medical treatment should be given.
(d) Any worker receiving accidental external radiation in excess of 25 rem or accidental internal contamination must be placed under health surveillance.
Article 26
§ 1 - A medical record shall be opened for each worker, kept up to date and be preserved in archives during his lifetime and in any case for at least thirty years after the cessation of the work which involved exposure to ionising radiation.
§ 2 - The medical record shall include information regarding the duties to which the worker has been assigned, the personal doses received by the worker and the results of medical examinations.
§ 3 - Member States shall determine the practical arrangements to enable the medical record for each worker to be kept up to date. They shall also ensure that within the Community all relevant information concerning the duties performed by the worker and the doses received shall have free circulation.
Article 27
Every worker who is liable to be exposed to radiation danger shall be informed about the hazards which the work involves for his health, the techniques of the work, the precautions to be taken and the importance of complying with the medical requirements.
Article 28
These Directives are addressed to all Member States.
Done at Brussels, 2 February 1959.
For the Council
The President
COUVE DE MURVILLE
ANNEX 1
1. Relative radiotoxicity of nuclides
The accepted classification of radioactive nuclides according to relative radiotoxicity is as follows:
2. Activity below which official authorisation may be waived
The requirement with regard to official authorisation may be waived insofar as the activities corresponding to the shaded area are concerned.
ANNEX 2
Table showing corresponding neutron fluxes for the maximum permissible dose in respect of occupationally exposed persons (40 hours per week)
ANNEX 3
Maximum permissible concentration of a radionuclide in air inhaled and in drinking water for continuous exposure of occupationally exposed persons (Table based on Recommendations issued by the International Commission on Radiological Protection on 1 December 1954)a |
ECSC High Authority: Décision No 33-58 of 1 December 1958 supplementing Décision No 37-54 of 29 July 1954 on the publication of price lists and conditions of sale applied by undertakings in the steel industry to the sale of special steels
Official Journal 031 , 18/12/1958 P. 0665 - 0666
Danish special edition: Series I Chapter 1952-1958 P. 0084
English special edition: Series I Chapter 1952-1958 P. 0084
Greek special edition: Chapter 08 Volume 1 P. 0023
Spanish special edition: Chapter 08 Volume 1 P. 0021
Portuguese special edition Chapter 08 Volume 1 P. 0021
Finnish special edition: Chapter 13 Volume 1 P. 0013
Swedish special edition: Chapter 13 Volume 1 P. 0013
DECISION No 33-58 of 1 December 1958 supplementing Decision No 37-54 of 29 July 1954 on the publication of the price lists and conditions of sale applied by undertakings in the steel industry to the sale of special steels
THE HIGH AUTHORITY,
Having Regard to Article 60 (2) (a) of the Treaty and Annex III thereto;
Having regard to Decision No 37-54 of 29 July 1954 on the publication of price lists and conditions of sale applied by undertakings in the steel industry to the sale of special steels within the meaning of Annex III to the Treaty (Official Journal of the Community No 18 of 1 August 1954, pp. 470 et seq.);
Whereas pursuant to Decision No 37-54 undertakings in the steel industry are required to publish price lists and conditions of sale for the sale of certain special steels in the common market;
Whereas having regard to the special features of production and sale of special steels, publication of price lists was in the first place limited to certain special steels;
Whereas experience acquired in the meantime and study of the special steels for which publication of price lists has not hitherto been required have shown that the conditions warranting the publication of price lists for other products are likewise present;
Whereas the requirement to publish price lists must accordingly be extended to all alloy structural steels, steel for ball bearings and stainless and heat-resisting steels;
Whereas certain special steels are sold under trade marks and whereas the communication of prices and conditions of sale to customers, which is the purpose of publication, is incomplete unless such trade marks are also published;
Whereas the chemical composition of the products must likewise be published since this is essential to the determination of their quality and comparability with other special steels;
After consulting the Consultative Committee;
DECIDES:
Article 1
Article 3 of Decision No 37-54 shall be supplemented and amended as follows: 1. Items (e) and (f) shall be deleted.
2. The following items (e) to (g) shall be inserted after item (d):
" (e) alloy structural steels;
(f) steel for ball bearings;
(g) stainless and heat-resisting steels.
"
Article 2
Article 4 of Decision No 37-54 shall be supplemented and amended as follows: 1. The following items (c) and (d) shall be inserted after item (b): " (c) mark, in the case of qualities marketed under trade mark; (d) chemical composition of the different qualities.
"
2. Items (c) to (i) in the existing text of Article 4 shall he re-designated (e) to (k).
Article 3
This Decision shall enter into force within the Community on 1 January 1959.
This Decision was considered and adopted by the High Authority at its meeting on 1 December 1958.
For the High Authority
The President
Paul FINET |
EEC Council: Regulation No 1 determining the languages to be used by the European Economic Community
Official Journal 017 , 06/10/1958 P. 0385 - 0386
Finnish special edition: Chapter 1 Volume 1 P. 0014
Swedish special edition: Chapter 1 Volume 1 P. 0014
Danish special edition: Series I Chapter 1952-1958 P. 0059
English special edition: Series I Chapter 1952-1958 P. 0059
Greek special edition: Chapter 01 Volume 1 P. 0014
Spanish special edition: Chapter 01 Volume 1 P. 0008
Portuguese special edition Chapter 01 Volume 1 P. 0008
REGULATION No 1 determining the languages to be used by the European Economic Community
THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY,
Having regard to Article 217 of the Treaty which provides that the rules governing the languages of the institutions of the Community shall, without prejudice to the provisions contained in the rules of procedure of the Court of Justice, be determined by the Council, acting unanimously;
Whereas each of the four languages in which the Treaty is drafted is recognised as an official language in one or more of the Member States of the Community;
HAS ADOPTED THIS REGULATION:
Article 1
The official languages and the working languages of the institutions of the Community shall be Dutch, French, German and Italian.
Article 2
Documents which a Member State or a person subject to the jurisdiction of a Member State sends to institutions of the Community may be drafted in any one of the official languages selected by the sender. The reply shall be drafted in the same language.
Article 3
Documents which an institution of the Community sends to a Member State or to a person subject to the jurisdiction of a Member State shall be drafted in the language of such State.
Article 4
Regulations and other documents of general application shall be drafted in the four official languages.
Article 5
The Official Journal of the Community shall be published in the four official languages.
Article 6
The institutions of the Community may stipulate in their rules of procedure which of the languages are to be used in specific cases.
Article 7
The languages to be used in the proceedings of the Court of Justice shall be laid down in its rules of procedure.
Article 8
If a Member State has more than one official language, the language to be used shall, at the request of such State, be governed by the general rules of its law.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 15 April 1958.
For the Council
The President
V. LAROCK |
ECSC High Authority: Décision No 32-56 of 21 November 1956 amending Décision No 31-53 of 2 May 1953, as amended by Décision No 2-54 of 7 January 1954 on the publication of price lists and conditions of sale applied by undertakings in the steel industry
Official Journal 026 , 25/11/1956 P. 0333 - 0334
Danish special edition: Series I Chapter 1952-1958 P. 0041
English special edition: Series I Chapter 1952-1958 P. 0041
Greek special edition: Chapter 08 Volume 1 P. 0019
Spanish special edition: Chapter 08 Volume 1 P. 0020
Portuguese special edition Chapter 08 Volume 1 P. 0020
Finnish special edition: Chapter 13 Volume 1 P. 0012
Swedish special edition: Chapter 13 Volume 1 P. 0012
DECISION No 32-56 of 21 November 1956 amending Decision No 31-53 of 2 May 1953, as amended by Decision No 2-54 of 7 January 1954 on the publication of price lists and conditions of sale applied by undertakings in the steel industry
THE HIGH AUTHORITY,
Having regard to Article 60 (2) (a) and Article 63 (2) of the Treaty;
Having regard to Decision No 31-53 of 2 May 1953 on the publication of price lists and conditions of sale applied by undertakings in the steel industry (Official Journal of the Community 4 May 1953, p. 111) and Decision No 2-54 of 7 January 1954 amending Decision No 31-53 (Official Journal of the Community 13 January 1954, p. 218);
Whereas transactions in second and substandard products are not, as a general rule, comparable with each other, and therefore publication in the price lists of discounts for seconds can make no contribution towards pursuit of the objectives laid down in Article 60 (1) of the Treaty;
After consulting the Consultative Committee;
DECIDES:
Article 1
The following provisions shall be substituted for paragraph (f) of Article 2 of Decision No 31-53 as amended by Decision No 2-54:
"(f) Where applicable, discounts and increases not falling within the last paragraph but one of Article 1, and in particular: - quantity discounts, whether allowed on specification, on the whole of an order, on tonnage bought from the seller over a period, or on the basis of the buyer's total purchases;
- loyalty discounts;
- discounts, rebates and all forms of payment to dealers or selling agencies;
Discounts for seconds or substandard products need not be published."
Article 2
This Decision shall enter into force within the Community on 30 November 1956.
This Decision was considered and adopted by the High Authority at its meeting on 21 November 1956.
For the High Authority
The President
René MAYER |
ECSC High Authority: Décision No 1-54 of 7 January 1954 amending Décision No 30-53 of 2 May 1953 concerning practices prohibited by Article 60 (1) of the Treaty in the common market for coal and steel
Official Journal 001 , 13/01/1954 P. 0217 - 0217
Danish special edition: Series I Chapter 1952-1958 P. 0014
English special edition: Series I Chapter 1952-1958 P. 0014
Greek special edition: Chapter 08 Volume 1 P. 0010
Spanish special edition: Chapter 08 Volume 1 P. 0011
Portuguese special edition Chapter 08 Volume 1 P. 0011
DECISION No 1-54 of 7 January 1954 amending Decision No 30-53 of 2 May 1963 concerning practices prohibited by Article 60 (1) of the Treaty in the common market for coal and steel
THE HIGH AUTHORITY,
Having regard to Article 60 of the Treaty;
Having regard to Decision No 30-53 of 2 May 1953 concerning practices prohibited by Article 60 (1) of the Treaty in the common market for coal and steel (Official Journal of 4 May 1953, p. 109);
Whereas the rules on publication of prices afford scope inter alia for checking that the rules on non-discrimination are complied with although they do not mutually coincide;
Whereas, therefore, breaches of the price publication rules are not necessarily in themselves breaches of the non-discrimination rules;
After consulting the Consultative Committee and the Council;
DECIDES:
Article 1
The following shall be substituted for Article 2 of Decision No 30-53:
"It shall be a prohibited practice within the meaning of Article 60 (1) for a seller to apply prices or conditions departing from those shown in his price list unless he can show either that the transaction in question does not fall within the categories of transactions covered by this price list, or that the prices or conditions have been departed from uniformly in all comparable transactions. The limits applicable under the price publication rules shall continue to apply to any such exceptions or differences.
The foregoing paragraph shall be no bar to the application of Article 60 (2) (b) of the Treaty or the decisions taken by the High Authority in implementation thereof."
Article 2
This Decision shall enter into force within the Community on 1 February 1954.
This Decision was considered and adopted by the High Authority at its meeting on 7 January 1954.
For the High Authority
The President
Jean MONNET |
ECSC High Authority: Decision No 37-54 of 29 July 1954 on the publication of price lists and conditions of sale applied by undertakings in the steel industry to the sale of special steels within the meaning of Annex III to the Treaty
Official Journal 018 , 01/08/1954 P. 0470 - 0472
Danish special edition: Series I Chapter 1952-1958 P. 0022
English special edition: Series I Chapter 1952-1958 P. 0022
Greek special edition: Chapter 08 Volume 1 P. 0016
Spanish special edition: Chapter 08 Volume 1 P. 0017
Portuguese special edition Chapter 08 Volume 1 P. 0017
Finnish special edition: Chapter 13 Volume 1 P. 0009
Swedish special edition: Chapter 13 Volume 1 P. 0009
DECISION No 37-54 of 29 July 1954 on the publication of price lists and conditions of sale applied by undertakings in the steel industry to the sale of special steels within the meaning of Annex III to the Treaty
THE HIGH AUTHORITY,
Having regard to Articles 60 (2) (a) and 63 (2) of the Treaty;
Having regard to Annex III to the Treaty;
Having regard to Decision No 31-52 of 2 May 1953 on the publication of price lists and conditions of sale applied by undertakings in the steel industry, as amended by Decision No 2-54 of 7 January 1954 (Official Journal of 4 May 1953, p. 111, and of 13 January 1954, p. 218);
Whereas the price lists and conditions of sale applied by undertakings must be such as make it possible to verify that the rules of competition laid down in the Treaty, and in particular Articles 4 and 60 thereof, are being observed;
Whereas for the sale of special steels within the meaning of Annex III to the Treaty, however, publication of prices and conditions of sale is obligatory only where transactions concern either qualities produced by several undertakings and used by several customers, or a given quality produced by one undertaking and used by several customers, or a quality produced by several undertakings and used by one customer only;
Whereas the rules made for this purpose must apply both to purchasers for resale in the unaltered state and to commission agents, as well as to producer undertakings themselves;
Whereas transactions concerning special steels present features which do not warrant their inclusion within the scope of Decision No 2-54 of 7 January 1954;
DECIDES:
Article 1
The provisions of Decision No 31-53, as amended by Decision No 2-54, shall not apply to undertakings in the steel industry in respect of the sale of special steels within the meaning of Annex III to Treaty.
Article 2
Undertakings in the steel industry shall publish their price lists and conditions of sale for special steels within the meaning of Annex III to the Treaty in accordance with the provisions of this Decision.
Article 3
Before making a quotation or concluding a transaction concerning the qualities of steel listed below, undertakings shall publish, in accordance with the following Articles, the prices and conditions of sale applicable in the common market to these qualities, namely: (a) manganese-silicon steels for vehicle springs;
(b) sulphur, lead and lead-sulphur free-cutting steels;
(c) electrical sheet, irrespective of wattage loss;
(d) non-alloy structural steels containing 0.6 % or more of carbon;
(e) alloy structural steels in group (a) of Annex III to the Treaty made to consumer's own specification;
(f) alloy structural steels to the following standards:
Article 4
All price lists and conditions of sale published shall contain at least the following information: (a) basic price according to quality and category of products;
(b) extras which apply, showing at least: - any additional charge for size or length;
- any increase or reduction related to quantity ordered;
- tolerances not liable to surcharge;
- any increase for reduced tolerances in respect of rolling, shearing or weight;
- any surcharge or increase normally applied in connection with delivery of the various products;
(c) place of delivery;
(d) method of quotation;
(e) costs in connection with method of shipment;
(f) all rebates allowed, and in particular: - quantity rebates, whether allowed on individual specification, on the whole of an order, on tonnage obtained from one supplier over a period, or on the basis of a purchaser's total consumption;
- loyalty discount;
- rebates, refunds or any other kind of benefit to dealers or selling agencies;
(g) terms of payment;
(h) nature and amount of taxes and other charges additional to the prices on the price lists, under the terms offered to purchasers;
(i) where the conditions which apply to the transaction relate to the price list in force on the day on which the order is placed and may be subject to revision:
- the circumstances, in which such revision may occur.
Article 5
Price lists shall not refer to qualities or products which do not in fact fall within the range of products of the undertaking concerned.
Article 6
1. (a) Price lists and conditions of sale shall apply not earlier than one clear day after they have been addressed in printed form to the High Authority;
(b) Sellers shall, upon request, communicate them to anyone interested;
(c) The High Authority may decide to publish such price lists and conditions of sale by means of a special publication.
2. Paragraph 1 shall also apply to any amendment of price lists and conditions of sale.
Article 7
1. Undertakings shall frame their conditions of sale in such a way that their customers, selling agencies and commission agents, in reselling their products in the unaltered state other than by sale ex depot, are under an obligation to make their price lists and conditions of sale comply with the rules set out in this Decision.
Where in their price lists purchasers, selling agencies or commission agents do not state their own prices or conditions of sale, they may discharge their obligation by making available in the manner required by Article 6 the price lists and conditions of sale drawn up in pursuance of this Decision by producer undertakings in respect of their sales.
2. Undertakings shall be held liable for any breach of the foregoing obligation committed by their direct agents, selling agencies or commission agents.
Article 8
The foregoing provisions shall apply to price lists and conditions of sale drawn up after the date of this Decision and in any event to all price and conditions of sale in force on and after 20 August 1954.
This Decision was considered and adopted by the High Authority at its meeting on 29 July 1954.
For the High Authority
The Vice-President
Franz ETZEL |
ECSC High Authority: Décision No 32-53 of 20 May 1953 supplementing Décision No 31-53 of 2 May 1953 on the publication of price lists and conditions of sale applied by undertakings in the steel industry
Official Journal 007 , 21/05/1953 P. 0130 - 0130
Danish special edition: Series I Chapter 1952-1958 P. 0013
English special edition: Series I Chapter 1952-1958 P. 0013
Greek special edition: Chapter 08 Volume 1 P. 0009
Spanish special edition: Chapter 08 Volume 1 P. 0010
Portuguese special edition Chapter 08 Volume 1 P. 0010
Finnish special edition: Chapter 13 Volume 1 P. 0005
Swedish special edition: Chapter 13 Volume 1 P. 0005
DECISION No 32-53 of 20 May 1953 supplementing Decision No 31-53 of 2 May 1953 on the publication of price lists and conditions of sale applied by undertakings in the steel industry
THE HIGH AUTHORITY,
Having regard to Article 60 (2) (a) of and Annex III to the Treaty;
Having regard to Decision No 31-53 of 2 May 1953 on the publication of price lists and conditions of sale applied by undertakings in the steel industry;
Whereas special study of the properties of steels commonly called fine steels, not falling within Annex III to the Treaty, is required so that comparision may be made between them, and further time is necessary for that purpose before publication of price lists relating to those steels is made compulsory;
DECIDES:
Sole Article
The following paragraph shall be added to Article 6 of Decision No 31-53 of 2 May 1953:
"22 June 1953 shall be substituted for 20 May as the date by which price lists and conditions of sale shall be drawn up by producers of steels to which the provisions relating to special steels in Annex III to the Treaty do not apply and which have a guaranteed purity of not more than 0.04 % of phosphorus nor 0.04 % of sulphur, the two elements taken together not exceeding 0.07 %."
This Decision was considered and adopted by the High Authority at its meeting on 20 May 1953.
For the High Authority
For the President
Léon DAUM |
ECSC High Authority: Decision No 31-53 of 2 May 1953 on the publication of price lists and conditions of sale applied by undertakings in the steel industry
Official Journal 006 , 04/05/1953 P. 0111 - 0112
Danish special edition: Series I Chapter 1952-1958 P. 0011
English special edition: Series I Chapter 1952-1958 P. 0011
Greek special edition: Chapter 08 Volume 1 P. 0007
Spanish special edition: Chapter 08 Volume 1 P. 0008
Portuguese special edition Chapter 08 Volume 1 P. 0008
Finnish special edition: Chapter 13 Volume 1 P. 0003
Swedish special edition: Chapter 13 Volume 1 P. 0003
DECISION No 31-53 of 2 May 1953 on the publication of price lists and conditions of sale applied by undertakings in the steel industry
THE HIGH AUTHORITY,
Having regard to Article 60 (2) (a) and Article 63 (2) of the Treaty;
Whereas the price lists and conditions of sale applied by undertakings must be such as make it possible to verify that the rules of competition laid down in the Treaty, in particular in Articles 4 and 60 thereof, are being observed;
Whereas they must ensure that users are able to ascertain the quality and calculate precisely the cost of the products they are considering buying, and to compare offers from various suppliers;
Whereas the rules made for that purpose must apply both to purchasers for resale in the unaltered state and to commission agents, as well as to producer undertakings themselves;
After consulting the Consultative Committee;
DECIDES:
Article 1
Undertakings in the steel industries shall publish their price lists and conditions of sale in accordance with the provisions of this Decision,
Undertakings in the iron ore industries shall however remain bound by the provisions of Decision No 4-53 of 12 February 1953.
Article 2
All price lists and conditions of sale published shall contain the following minimum information: (a) basic prices according to category of products;
(b) extras which apply, showing at least: - any additional charge for size or length;
- any increase for certain grades and qualities;
- any increase or reduction related to quantity ordered;
- tolerances not liable to surcharge;
- any increase for reduced tolerances;
- any surcharge or increase normally applied in connection with delivery of the various products;
(c) place of delivery;
(d) method of quotation;
(e) costs in connection with method of shipment;
(f) discounts, rebates, premiums or any other kind of benefit to dealers, selling agencies or users;
(g) terms of payment;
(h) nature and amount of taxes and other charges additional to the prices on the price lists, under the terms offered to purchasers;
(i) where the conditions which apply to the transaction relate to the price list in force on the day on which the order is placed and may be subject to revision,
- the circumstances in which such revision may occur.
Article 3
Price lists shall not refer to products which do not in fact fall within the range of products of the undertaking concerned.
Article 4
1. (a) Price lists and conditions of sale shall apply not earlier than five clear days after they have been addressed in printed form to the High Authority;
(b) Sellers shall, upon request, communicate them to anyone interested;
(c) The High Authority may decide to publish such price lists and conditions of sale by means of a special publication.
2. Paragraph 1 shall apply equally to any amendment of price lists and conditions of sale.
Article 5
1. Undertakings shall frame their conditions of sale in such a way that their customers, selling agencies and commission agents shall, when reselling their products in the unaltered state otherwise than by sale ex depot, be under an obligation to make their price lists and conditions of sale comply with the rules set out in this Decision.
Where in their price lists purchasers, selling agencies and commission agents do not state their own prices or conditions of sale, they may discharge their obligation by making available in the manner required by Article 4 the price lists and conditions of sale drawn up in pursuance of this Decision by producer undertakings in respect of their sales.
2. Undertakings shall be held liable for any breach of the foregoing obligation committed by their direct agents, selling agencies or commission agents.
Article 6
The foregoing provisions shall apply to price lists and conditions of sale drawn up after the date of this Decision and in any event to all price lists and conditions in force as from 20 May 1953.
However, the time limit of five days prescribed by Article 4 shall be compulsory only in the case of price lists and conditions entering into force not earlier than 20 May 1953.
For the date 20 May there shall be substituted 31 May 1953 in respect of price lists and conditions adopted by re-rolling mills.
This Decision was considered and adopted by the High Authority at its meeting on 2 May 1953.
For the High Authority
The President
Jean MONNET |
ECSC High Authority: Decision No 4-53 of 12 February 1953 on the publication of price lists and conditions of sale applied by undertakings in the coal and iron ore industries
Official Journal 002 , 12/02/1953 P. 0003 - 0005
Danish special edition: Series I Chapter 1952-1958 P. 0008
English special edition: Series I Chapter 1952-1958 P. 0008
Greek special edition: Chapter 08 Volume 1 P. 0003
Spanish special edition: Chapter 08 Volume 1 P. 0003
Portuguese special edition Chapter 08 Volume 1 P. 0003
DECISION No 4-53 of 12 February 1953 on the publication of price lists and conditions of sale applied by undertakings in the coal and iron ore industries
THE HIGH AUTHORITY,
Having regard to Articles 60 (2) (a) and 63 (2) of the Treaty;
Whereas the price lists and conditions of sale applied by undertakings must allow of checking for compliance with the rules on competition laid down in the Treaty, and in particular Articles 4 and 60 thereof;
Whereas they must afford consumers the means of knowing the quality and calculating the precise cost of products that they are considering purchasing and of comparing quotations from different suppliers;
Whereas the rules made for this purpose must be observed by selling agencies and Commission agents as well as by the undertakings themselves;
After consulting the Consultative Committee:
DECIDES:
Article 1
1. Undertakings in the coal and iron ore industries shall publish their price lists and conditions of sale in accordance with the provisions of this Decision.
2. They may satisfy this requirement, however, by making it known, in pursuance of Article 4 below, that the price lists and conditions of sale of a selling agency apply to their output and that they accept responsibility for them provided that such price lists and conditions of sale comply with those provisions.
Article 2
1. All price lists and conditions of sale published shall contain the following minimum information: (a) price per metric ton;
(b) place of delivery;
(c) method of quotation;
(d) costs in connection with method of shipment;
(e) trade discount;
(f) terms of payment.
2. Furthermore, price lists and conditions of sale published shall indicate the following special conditions, where applied: (a) nature and amount of taxes and other charges additional to the list prices chargeable to customers under the conditions of sale;
(b) quality surcharge;
(c) seasonal increase;
(d) seasonal discount;
(e) increase for guarantee of origin.
3. Quantity and loyalty bonuses shall also be indicated in the same way, unless their omission is specifically authorised by the High Authority.
Article 3
In addition to this general information, price lists and conditions of sale shall include details peculiar to certain products: 1. Coal: (a) category and, for guidance, volatile matter content for each category;
(b) grade and, for guidance, ash content;
(c) in the case of screened or washed coals, screen size;
(d) in the case of washed coals, for guidance, moisture content.
2. Coke: - screen size for large coke and crushed coke.
3. Manufactured fuels derived from coal: - category and weight of product.
4. Manufactured fuels derived from lignite: - weight of product.
5. Iron ore: (a) screen size;
(b) iron, lime, silicon and phosphorus content, specifying whether calculated on a dry ore basis.
Article 4
1. (a) Price lists and conditions of sale shall apply not earlier than five clear days after they have been addressed in printed form to the High Authority;
(b) Sellers shall, upon request, communicate them to anyone interested;
(c) The High Authority may decide to publish those price lists and conditions of sale by means of a special publication.
2. Paragraph 1 shall apply equally to any amendment of price lists and conditions of sale.
Article 5
1. Undertakings shall frame their conditions of sale in such a way that their selling agencies and commission agents shall be under an obligation to make their price lists and conditions of sale comply with the rules set out in this Decision.
2. Undertakings shall be held liable for any breach of the foregoing obligation committed by their selling agencies or Commission agents.
Article 6
The foregoing provisions shall apply to price lists and conditions of sale drawn up after the date of this Decision and in any event to all price lists and conditions of sale in force as from 15 March 1953.
However, the time limit of five days prescribed by Article 4 shall be compulsory only in the case of price lists and conditions of sale entering into force not earlier than 1 March.
This Decision was considered and adopted by the High Authority at its meeting on 12 February 1953.
For the High Authority
The President
Jean MONNET |
ECSC High Authority: Decision No 30-53 of 2 May 1953 on practices prohibited by Article 60 (1) of the Treaty in the common market for coal and steel
Official Journal 006 , 04/05/1953 P. 0109 - 0110
Danish special edition: Series I Chapter 1952-1958 P. 0009
English special edition: Series I Chapter 1952-1958 P. 0009
Greek special edition: Chapter 08 Volume 1 P. 0005
Spanish special edition: Chapter 08 Volume 1 P. 0005
Portuguese special edition Chapter 08 Volume 1 P. 0005
Finnish special edition: Chapter 12 Volume 3 P. 0003
Swedish special edition: Chapter 12 Volume 3 P. 0003
DECISION No 30-53 of 2 May 1953 on practices prohibited by Article 60 (1) of the Treaty in the common market for coal and steel
THE HIGH AUTHORITY,
Having regard to Article 60 and Article 63 (2) of the Treaty;
Whereas compliance with the obligations of non-discrimination involves uniform application by undertakings of the conditions shown in their price lists with no other increases or reductions and no evasion of those obligations by allowing longer periods for settlement without a corresponding increase in price;
Whereas the exception to this rule, namely the option of aligning a quotation on a competitor's price list, must not cause that quotation to work out lower than the delivered price calculable from the conditions of the price list on which it is aligned;
Whereas inclusion, in the price, of taxes or charges which ultimately are not chargeable in respect of the transaction constitutes an increase as compared with the conditions applicable by the seller to a similar transaction which is in fact taxable;
Whereas, apart from differences related to the value or volume of procurements by the purchaser from the seller himself, the application of dissimilar conditions to comparably placed purchases is incompatible with the unity of the Community.
Whereas the effective operation of the common market requires that the rules of non-discrimination be applied alike to resale in an unaltered state and to sales by producers;
After consulting the Consultative Committee and the Council;
DECIDES:
Article 1
This Decision shall apply to Community undertakings in respect of their transactions within the common market in the products specified in Annex I to the Treaty, with the exception of scrap.
Article 2
1. It shall be a prohibited practice within the meaning of Article 60 (1) of the Treaty for a seller to apply increases or reductions on the terms calculable, for the transaction concerned, for his published price list and conditions of sale.
2. This Article shall be no bar to the application of Article 60 (2) (b) of the Treaty or of Article 4 below, nor to the granting by undertakings in the coal industry of quantity or loyalty bonuses not shown in price lists pursuant to Article 2 (3) of Decision No 4-53 of 12 February 1953.
Article 3
1. Where a seller aligns his quotation on a competitor's price list under Article 60 (2) (b) of the Treaty, it shall be a prohibited practice within the meaning of Article 60 (1) of the Treaty for him to apply terms affording the purchaser actual delivered prices at destination lower than those calculable from the price list and conditions of sale of such competitor.
2. Such delivered prices at destination shall be calculated as the sum of the price list terms plus transport costs, surcharges or taxes borne by the purchaser less rebates or drawbacks allowed him.
3. This Article shall be no bar to the application in the coal industry of Decision No 3-53 of 12 February 1953, and in the steel industry of the last subparagraph of Article 60 of the Treaty and Article 30 (2) of the Convention.
Article 4
1. It shall be a prohibited practice within the meaning of Article 60 (1) of the Treaty for a seller to allow more favourable periods for payment than those calculable from the price list and conditions of sale on which he bases his quotation, unless offset by a corresponding increase in price.
2. The increase must be in accordance with regular commercial practice as to credit in the area where the seller is established or, if the quotation is aligned on a competitor's price list, in the area where that competitor is established.
Article 5
It shall be a prohibited practice within the meaning of Article 60 (1) of the Treaty to include in the price charged to the purchaser the amount of any taxes or charges in respect of which the seller is entitled to exemption or drawback.
Article 6
1. It shall be a prohibited practice within the meaning of Article 60 (1) of the Treaty for conditions of sale to be in any way differentiated as between purchasers established within the Community according to the nationality or the location of the place of establishment of such purchasers.
2. Furthermore, where conditions of sale vary according to the total volume or value of a purchaser's procurements from a number of suppliers of the product or class of products concerned over a given period, it shall be prohibited under Article 60 (1) of the Treaty for those conditions of sale to be in any way differentiated as between the suppliers from whom the purchaser has obtained his procurements within the common market, or according to the market in which he has resold.
3. The foregoing paragraph shall be no bar to the differentiation of conditions of sale according to the value or volume of procurements by the purchaser from the seller himself or from a predecessor of that seller.
Article 7
1. Undertakings shall frame their conditions of sale in such a way that their customers, selling agencies and commission agents, in reselling in the unaltered state other than by sale from stock in the case of steel and by retail in the case of coal, are under an obligation to comply with the rules set out in Articles 2 to 6.
2. Undertakings shall be held responsible for infringements of this obligation by their direct agents, selling agencies or commission agents.
Article 8
This decision shall enter into force within the Community on 4 May 1953.
This Decision was considered and adopted by the High Authority at its meeting on 2 May 1953.
For the High Authority
The President
Jean MONNET |
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