Avis juridique important

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31983D0305

83/305/EEC: Commission Decision of 16 June 1983 terminating the anti-dumping proceeding concerning imports of non-alloyed unwrought aluminium originating in Egypt

Official Journal L 161 , 21/06/1983 P. 0013 - 0014

*****COMMISSION  DECISION  of 16 June 1983  terminating the anti-dumping proceeding concerning imports of non-alloyed unwrought aluminium originating in Egypt  (83/305/EEC)  THE COMMISSION OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 3017/79 of 20 December 1979 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), as amended by Regulation (EEC) No 1580/82 (2), and in particular Article 9 thereof,  After consultations within the Advisory Committee as provided for by that Regulation,  Whereas:  A. Procedure  (1) In January 1983, the Commission received a complaint lodged by the Comité de Liaison des Industries des Métaux non ferreux on behalf of the great majority of Community producers who account for some 85 % of Community production of non-alloyed unwrought aluminium.  The complaint contained evidence of dumping and of material injury resulting therefrom, which was considered sufficient to justify initiating a proceeding. The Commission accordingly announced, by a notice published in the Official Journal of the European Communities (3), the initiation of an anti-dumping proceeding concerning imports into the Community of non-alloyed unwrought aluminium falling within subheading ex. 76.01 A of the Common Customs Tariff (NIMEXE code 76.01-11), originating in Egypt, the Soviet Union and Yugoslavia and commenced an investigation.  (2) The Commission officially so advised the exporters and importers known to be concerned and the representatives of the exporting countries and the complainant and gave the parties directly concerned the opportunity to make known their views in writing and to request a hearing.  (3) As soon as the investigation had been opened, The Aluminium Company of Egypt, which is the sole Egyptian exporter of the product in question, offered to accept an immediate verification at its premises of all information which the Commission deemed to be necessary for the purposes of a preliminary determination. The Commission therefore carried out such a verification at the premises of The Aluminium Company of Egypt in Cairo and Nag Hammadi.  (4) The investigation of dumping in relation to the Egyptian exporter covered the year ended 31 December 1982.  (5) None of the exporters or importers of the product concerned originating in the Soviet Union and Yugoslavia has yet made available to the Commission all the information deemed necessary for the purposes of a preliminary determination and the Commission is thus not in a position at present to come to any preliminary conclusion as to the existence of dumping with respect to imports from these sources.  B. Normal value  (6) The preliminary investigation to determine the existence of dumping in respect of imports from Egypt showed that the prices of the products marketed by the exporters on the Egyptian domestic market had, over an extended period of time and in respect of substantial quantities, been lower than all costs both fixed and variable normally incurred in the course of production; the normal value was therefore determined on the basis of the constructed value.  (7) The constructed value was computed by taking the company's total cost of materials and manufacture, including overheads, and adding a profit margin of 5 % considered to be reasonable in the light of the company's performance during a recent representative period.  C. Export prices  (8) Export prices were determined on the basis of the prices actually paid or payable for the products originating in Egypt sold for export to the Community.  D. Comparison  (9) In comparing normal value with export prices the Commission took account, where appropriate, of differences affecting price comparability resulting from differences in payment and delivery terms.  (10) In order to determine whether the goods originating in Egypt were being dumped, the normal values as defined above were therefore compared transaction by transaction at the fob stage with the export price to the Community at the same stage, over the period of the investigation, using weighted averages where appropriate.  E. Margin  (11) The above preliminary determination of the facts shows the existence of dumping in respect of imports from The Aluminium Company of Egypt, the margin of dumping being equal to the amount by which the normal value as established exceeds the price for export to the Community.  (12) The weighted average margin for the product concerned originating in Egypt expressed as a percentage of the free-at-Community-frontier price, not cleared through customs, was 0,3 %.  F. Termination of proceeding against Egypt  (13) The Commission considers that the dumping margin found to exist is minimal and therefore not such as would cause material injury to Community producers. In these circumstances protective measures are unnecessary. No objection to this course of action was voiced in the Advisory Committee,  HAS DECIDED AS FOLLOWS:  Sole Article  The anti-dumping proceeding concerning imports of non-alloyed unwrought aluminium originating in Egypt is hereby terminated.  Done at Brussels, 16 June 1983.  For the Commission  Wilhelm HAFERKAMP  Vice-President  (1) OJ No L 339, 31. 12. 1979, p. 1.  (2) OJ No L 178, 22. 6. 1982, p. 9.  (3) OJ No C 31, 5. 2. 1983, p. 4.


title: 2009/98/EC: Decision of the European Central Bank of 11 December 2008 amending Decision ECB/2006/17 on the annual accounts of the European Central Bank (ECB/2008/22)

text:
               5.2.2009

               EN

               Official Journal of the European Union

               L 36/22

      DECISION OF THE EUROPEAN CENTRAL BANK

   of 11 December 2008
   amending Decision ECB/2006/17 on the annual accounts of the European Central Bank
   (ECB/2008/22)
   (2009/98/EC)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 26.2 thereof,
   Whereas:

               (1)

               Decision ECB/2006/17 of 10 November 2006 on the annual accounts of the European Central Bank (1) needs to be amended to reflect policy decisions and market developments.

               (2)

               The European Central Bank (ECB) has revised its disclosure policy for securities transactions with a view to enhance further the transparency of the ECB’s annual accounts. As part of the revised policy, securities that previously qualified as financial fixed assets should be reclassified from the balance sheet item ‘Other financial assets’ to the appropriate item under the heading ‘asset’ depending on the origin of the issuer, the currency denomination and on whether the securities are held-to-maturity. Moreover, all financial instruments that are part of an earmarked portfolio should be included under the item ‘Other financial assets’.

               (3)

               Decision ECB/2006/17 does not contain specific rules on the accounting of forward interest rate swaps, foreign exchange futures and equity futures. Such instruments are increasingly used in the financial markets and may be relevant to the management of the ECB’s foreign reserves. While forward interest rate swaps should be accounted for in the same manner as ‘plain vanilla’ interest rate swaps, foreign exchange futures and equity futures should be accounted for in the same manner as interest rate futures,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Amendments
   Decision ECB/2006/17 is amended as follows:

               1.

               Article 8 is amended as follows:

                           (a)

                           Paragraph 2 is replaced by the following:
                           ‘2.   The revaluation of gold, foreign currency instruments, securities other than those classified as held-to-maturity and non-marketable securities, as well as financial instruments, both on-balance-sheet and off-balance-sheet, shall be performed at the year-end at mid-market rates and prices.’

                           (b)

                           The following paragraph 4 is added:
                           ‘4.   Securities classified as held-to-maturity and non-marketable securities shall be valued at amortised costs and shall be subject to impairment.’

               2.

               Article 10 is replaced by the following:
               ‘Article 10
               Marketable equity instruments
               Marketable equity instruments shall be accounted for in accordance with Article 9 of Guideline ECB/2006/16.’

               3.

               Article 16 is replaced by the following:
               ‘Article 16
               Future contracts
               Future contracts shall be accounted for in accordance with Article 16 of Guideline ECB/2006/16.’

               4.

               In Article 17 the following sentence is added:
               ‘In the case of forward interest rate swaps the amortisation shall begin from the value date of the transaction.’

               5.

               Annexes I and III to Decision ECB/2006/17 are amended in accordance with the Annex to this Decision.

         Article 2
   Final provision
   This Decision shall enter into force on 31 December 2008.

      Done at Frankfurt am Main, 11 December 2008.

            The President of the ECB

         Jean-Claude TRICHET

      (1)  OJ L 348, 11.12.2006, p. 38.

      ANNEX
      Annexes I and III to Decision ECB/2006/17 are amended as follows:

                  1.

                  The table entitled ‘Assets’ in Annex I is replaced by the following:
                  ‘ASSETS

                              Balance sheet item

                              Categorisation of contents of balance sheet items

                              Valuation principle

                              Assets

                                          1

                                          Gold and gold receivables

                              Physical gold, i.e. bars, coins, plates, nuggets, in storage or “under way”. Non-physical gold, such as balances in gold sight accounts (unallocated accounts), term deposits and claims to receive gold arising from the following transactions: (i) upgrading or downgrading transactions; and (ii) gold location or purity swaps where there is a difference of more than one business day between release and receipt

                              Market value

                                          2

                                          Claim on non-euro area residents denominated in foreign currency

                              Claims on counterparties resident outside the euro area including international and supranational institutions and central banks outside the euro area denominated in foreign currency

                                          2.1

                                          Receivables from the International Monetary Fund (IMF)

                                          (a)

                                             Drawing rights within the reserve tranche (net)
                                          National quota minus balances in euro at the disposal of the IMF. The No 2 account of the IMF (euro account for administrative expenses) may be included in this item or under the item “Liabilities to non-euro area residents denominated in euro”

                                          (a)

                                             Drawing rights within the reserve tranche (net)
                                          Nominal value, translation at the foreign exchange market rate

                                          (b)

                                          Special drawing rights
                                          Holdings of special drawing rights (gross)

                                          (b)

                                          Special drawing rights
                                          Nominal value, translation at the foreign exchange market rate

                                          (c)

                                          Other claims
                                          General arrangements to borrow, loans under special borrowing arrangements, deposits within the framework of the Poverty Reduction and Growth Facility

                                          (c)

                                          Other claims
                                          Nominal value, translation at the foreign exchange market rate

                                          2.2

                                          Balances with banks and security investments, external loans and other external assets

                                          (a)

                                          Balances with banks outside the euro area other than those under asset item “Other financial assets”
                                          Current accounts, fixed-term deposits, day-to-day money, reverse repo transactions

                                          (a)

                                          Balances with banks outside the euro area
                                          Nominal value, translation at the foreign exchange market rate

                                          (b)

                                          Security investments outside the euro area other than those under asset item “Other financial assets”
                                          Notes and bonds, bills, zero bonds, money market paper, equity instruments held as part of the foreign reserves, all issued by non-euro area residents

                                          (b)(i)

                                          Marketable securities other than held-to-maturity
                                          Market price and foreign exchange market rate
                                          Any premiums or discounts are amortised

                                          (b)(ii)

                                          Marketable securities classified as held-to-maturity
                                          Cost subject to impairment and foreign exchange market rate
                                          Any premiums or discounts are amortised

                                          (b)(iii)

                                          Non-marketable securities
                                          Cost subject to impairment and foreign exchange market rate
                                          Any premiums or discounts are amortised

                                          (b)(iv)

                                          Marketable equity instruments
                                          Market price and foreign exchange market rate

                                          (c)

                                          External loans (deposits) to non-euro area residents other than those under asset item “Other financial assets”

                                          (c)

                                          External loans
                                          Deposits at nominal value, translated at the foreign exchange market rate

                                          (d)

                                          Other external assets
                                          Non-euro area banknotes and coins

                                          (d)

                                          Other external assets
                                          Nominal value, translation at the foreign exchange market rate

                                          3

                                          Claims on euro area residents denominated in foreign currency

                                          (a)

                                          Security investments inside the euro area other than those under asset item “Other financial assets”
                                          Notes and bonds, bills, zero bonds, money market paper, equity instruments held as part of the foreign reserves, all issued by euro area residents

                                          (a)(i)

                                          Marketable securities other than held-to-maturity
                                          Market price and foreign exchange market rate
                                          Any premiums or discounts are amortised

                                          (a)(ii)

                                          Marketable securities classified as held-to-maturity
                                          Cost subject to impairment and foreign exchange market rate
                                          Any premiums or discounts are amortised

                                          (a)(iii)

                                          Non-marketable securities
                                          Cost subject to impairment and foreign exchange market rate
                                          Any premiums or discounts are amortised

                                          (a)(iv)

                                          Marketable equity instruments
                                          Market price and foreign exchange market rate

                                          (b)

                                          Other claims on euro area residents other than those under asset item “Other financial assets”
                                          Loans, deposits, reverse repo transactions, sundry lending

                                          (b)

                                          Other claims
                                          Deposits and other lending at nominal value, translated at the foreign exchange market rate

                                          4

                                          Claims on non-euro area residents denominated in euro

                                          4.1

                                          Balances with banks, security investments and loans

                                          (a)

                                          Balances with banks outside the euro area other than those under asset item “Other financial assets”
                                          Current accounts, fixed-term deposits, day-to-day money, reverse repo transactions in connection with the management of securities denominated in euro

                                          (a)

                                          Balances with banks outside the euro area
                                          Nominal value

                                          (b)

                                          Security investments outside the euro area other than those under asset item “Other financial assets”
                                          Equity instruments, notes and bonds, bills, zero bonds, money market paper, all issued by non-euro area residents

                                          (b)(i)

                                          Marketable securities other than held-to-maturity Market price
                                          Any premiums or discounts are amortised

                                          (b)(ii)

                                          Marketable securities classified as held-to-maturity
                                          Cost subject to impairment
                                          Any premiums or discounts are amortised

                                          (b)(iii)

                                          Non-marketable securities
                                          Cost subject to impairment
                                          Any premiums or discounts are amortised

                                          (b)(iv)

                                          Marketable equity instruments
                                          Market price

                                          (c)

                                          Loans to non-euro area residents other than those under asset item “Other financial assets”

                                          (c)

                                          Loans outside the euro area
                                          Deposits at nominal value

                                          (d)

                                          Securities issued by entities outside the euro area other than those under asset item “Other financial assets”
                                          Securities issued by supranational or international organisations, e.g. the European Investment Bank, irrespective of their geographical location

                                          (d)(i)

                                          Marketable securities other than held-to-maturity
                                          Market price
                                          Premiums/discounts are amortised

                                          (d)(ii)

                                          Marketable securities classified as held-to-maturity
                                          Cost subject to impairment
                                          Any premiums or discounts are amortised

                                          (d)(iii)

                                          Non-marketable securities
                                          Cost subject to impairment
                                          Any premiums or discounts are amortised

                                          4.2

                                          Claims arising from the credit facility under ERM II

                              Lending according to the ERM II conditions

                              Nominal value

                                          5

                                          Lending to euro area credit institutions related to monetary policy operations denominated in euro

                              Items 5.1 to 5.5: transactions according to the respective monetary policy instruments described in Annex I to Guideline ECB/2000/7 of 31 August 2000 on monetary policy instruments and procedures of the Eurosysten (1)

                                          5.1

                                          Main refinancing operations

                              Regular liquidity-providing reverse transactions with a weekly frequency and normally a maturity of one week

                              Nominal value or repo cost

                                          5.2

                                          Longer-term refinancing operations

                              Regular liquidity-providing reverse transactions with a monthly frequency and normally a maturity of three months

                              Nominal value or repo cost

                                          5.3

                                          Fine-tuning reverse operations

                              Reverse transactions, executed as ad hoc transactions for fine-tuning purposes

                              Nominal value or repo cost

                                          5.4

                                          Structural reverse operations

                              Reverse transactions adjusting the structural position of the Eurosystem vis-à-vis the financial sector

                              Nominal value or repo cost

                                          5.5

                                          Marginal lending facility

                              Overnight liquidity facility at a pre-specified interest rate against eligible assets (standing facility)

                              Nominal value or repo cost

                                          5.6

                                          Credits related to margin calls

                              Additional credit to credit institutions, arising from value increases of underlying assets regarding other credit to these credit institutions

                              Nominal value or cost

                                          6

                                          Other claims on euro area credit institutions denominated in euro

                              Current accounts, fixed-term deposits, day-to-day money, reverse repo transactions in connection with the management of security portfolios under the asset item “Securities of euro area residents denominated in euro”, including transactions resulting from the transformation of former foreign currency reserves of the euro area, and other claims. Correspondent accounts with non-domestic euro area credit institutions. Other claims and operations unrelated to monetary policy operations of the Eurosystem

                              Nominal value or cost

                                          7

                                          Securities of euro area residents denominated in euro

                              Securities other than those under asset item “Other financial assets”: Equity instruments, notes and bonds, bills, zero bonds, money market paper held outright including government securities stemming from before EMU denominated in euro; ECB debt certificates purchased for fine-tuning purposes

                                          (i)

                                          Marketable securities other than held-to-maturity
                                          Market price
                                          Any premiums or discounts are amortised

                                          (ii)

                                          Marketable securities classified as held-to-maturity
                                          Cost subject to impairment
                                          Any premiums or discounts are amortised

                                          (iii)

                                          Non-marketable securities
                                          Cost subject to impairment
                                          Any premiums or discounts are amortised

                                          (iv)

                                          Marketable equity instruments
                                          Market price

                                          8

                                          General government debt denominated in euro

                              Claims on government stemming from before EMU (non-marketable securities, loans)

                              Deposits/loans at nominal value, non-marketable securities at cost

                                          9

                                          Intra-Eurosystem claims

                                          9.1

                                          Claims related to promissory notes backing the issuance of ECB debt certificates

                              Only an ECB balance sheet item
                              Promissory notes issued by NCBs, due to the back-to-back agreement in connection with ECB debt certificates

                              Nominal value

                                          9.2

                                          Claims related to the allocation of euro banknotes within the Eurosystem

                              Claims related to the ECB’s banknote issue, according to Decision ECB/2001/15 of 6 December 2001 on the issue of euro banknotes (2)

                              Nominal value

                                          9.3

                                          Other claims within the Eurosystem (net)

                              Net position of the following sub-items:

                                          (a)

                                          net claims arising from balances of TARGET2 accounts and correspondent accounts of NCBs, i.e. the net figure of claims and liabilities — see also liability item “Other liabilities within the Eurosystem (net)”

                                          (a)

                                          Nominal value

                                          (b)

                                          other intra-Eurosystem claims that may arise, including the interim distribution of ECB seigniorage income to NCBs

                                          (b)

                                          Nominal value

                                          10

                                          Items in course of settlement

                              Settlement account balances (claims), including the float of cheques in collection

                              Nominal value

                                          11

                                          Other assets

                                          11.1

                                          Coins of euro area

                              Euro coins

                              Nominal value

                                          11.2

                                          Tangible and intangible fixed assets

                              Land and buildings, furniture and equipment including computer equipment, software

                              Cost less depreciation
                              Depreciation is the systematic allocation of the depreciable amount of an asset over its useful life. The useful life is the period over which a fixed asset is expected to be available for use by the entity. Useful lives of individual material fixed assets may be reviewed on a systematic basis, if expectations differ from previous estimates. Major assets may comprise components with different useful lives. The lives of such components should be assessed individually
                              The cost of intangible assets includes the price for the acquisition of the intangible asset. Other direct or indirect costs are to be expensed
                              Capitalisation of expenditure: limit based (below EUR 10 000 excluding VAT: no capitalisation)

                                          11.3

                                          Other financial assets

                                          —

                                          Participating interests and investments in subsidiaries, equities held for strategic/policy reasons

                                          —

                                          Securities including equities, and other financial instruments and balances including fixed-term deposits and current accounts held as an earmarked portfolio

                                          —

                                          Reverse repo transactions with credit institutions in connection with the management of securities portfolios under this item

                                          (a)

                                          Marketable equity instruments
                                          Market price

                                          (b)

                                          Participating interests and illiquid equity shares, and any other equity instruments held as permanent investments
                                          Cost subject to impairment

                                          (c)

                                          Investment in subsidiaries or significant interests
                                          Net asset value

                                          (d)

                                          Marketable securities other than held-to-maturity
                                          Market price
                                          Premiums/discounts are amortised

                                          (e)

                                          Marketable securities classified as held-to-maturity or held as a permanent investment
                                          Cost subject to impairment
                                          Any premiums or discounts are amortised

                                          (f)

                                          Non-marketable securities
                                          Cost subject to impairment

                                          (g)

                                          Balances with banks and loans
                                          Nominal value, translated at the foreign exchange market rate if the balances/deposits are denominated in foreign currencies

                                          11.4

                                          Off-balance-sheet instruments revaluation differences

                              Valuation results of foreign exchange forwards, foreign exchange swaps, interest rate swaps, forward rate agreements, forward transactions in securities, foreign exchange spot transactions from trade date to settlement date

                              Net position between forward and spot, at the foreign exchange market rate

                                          11.5

                                          Accruals and prepaid expenditure

                              Income not due in, but assignable to the reported period. Prepaid expenditure and accrued interest paid (i.e. accrued interest purchased with a security)

                              Nominal value, foreign exchange translated at market rate

                                          11.6

                                          Sundry

                                          (a)

                                          Advances, loans and other minor items. Loans on a trust basis

                                          (a)

                                          Nominal value or cost

                                          (b)

                                          Investments related to customer gold deposits

                                          (b)

                                          Market value

                                          (c)

                                          Net pension assets

                                          (c)

                                          As per Article 22(3)

                                          12

                                          Loss for the year

                              Nominal value

                  2.

                  In Annex III, the words ‘Transfer to/from provisions for foreign exchange rate and price risks’ in the first column of the table under subheading 2.3 are replaced by the words ‘Transfer to/from provisions for foreign exchange rate, interest rate and gold price risks’.

         (1)  OJ L 310, 11.12.2000, p. 1.

         (2)  OJ L 337, 20.12.2001, p. 52.’


title: Council Decision of 16 December 2009 on the granting of State aid by the authorities of the Republic of Latvia for the purchase of agricultural land between 1 January 2010 and 31 December 2013

text:
               22.12.2009

               EN

               Official Journal of the European Union

               L 339/34

      COUNCIL DECISION

   of 16 December 2009
   on the granting of State aid by the authorities of the Republic of Latvia for the purchase of agricultural land between 1 January 2010 and 31 December 2013
   (2009/991/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union and in particular Article 108(2), third subparagraph, thereof,
   Having regard to the request made by the Government of the Republic of Latvia on 17 November 2009,
   Whereas:

               (1)

               On 17 November 2009, the Republic of Latvia (hereinafter referred to as ‘Latvia’) presented to the Council a request for a decision in accordance with the third subparagraph of Article 88(2) of the Treaty establishing the European Community concerning Latvia’s plan to grant State aid to Latvian farmers for the purchase of agricultural land.

               (2)

               According to data provided by the Central Statistical Bureau of Latvia, 97,6 % of all rural holdings are smaller than 15,9 hectares. Consequently, the main part of Latvian farms are semi-subsistence farms. The unfavourable area structure of farms in Latvia, Latvia’s receipt of the lowest direct payments among Member States following a phasing-in mechanism provided for in its 2003 Act of Accession, and the disproportionately high agricultural labour inputs compared with returns result in low agricultural incomes, which decreased even further in 2009.

               (3)

               According to data provided by the Central Statistical Bureau of Latvia, up to the year 2007 there were 1 930 900 hectares of agricultural land but the area declared for the purposes of direct payment support did not exceed 1 551 185 hectares. Consequently, 379 715 hectares are owned and managed by non-farmers. State aid would enable farmers to buy this farmland.

               (4)

               In 2009, the deepening recession in the world economy caused by the global crisis has adversely affected the Latvian economy and Latvian agricultural holdings both due to the lack of demand and plummeting purchase prices: in the first three quarters of 2009, wheat prices were approximately 37 %, barley prices approximately 44 % and milk prices approximately 38 % down on 2008 levels.

               (5)

               The income situation of farmers in Latvia has been further aggravated by the fact that prices of agricultural inputs sharply increased in 2008 (mineral fertilisers by 67 %, veterinary services by 46 %, electricity by 29 % and fuel by 15 %) and have not been reduced in 2009. The production costs have thus remained unchanged. It is likely that conditions will continue to worsen for many Latvian farms, with a consequent increase in the number of farming families at risk of poverty.

               (6)

               The unemployment level in Latvia is the highest in the European Union, reaching 19,7 % in September 2009 and having risen by 62 % since January 2009. State aid should therefore help the unemployed switch to farming by allowing them to buy agricultural land. It should also give the opportunity to semi-subsistence farmers no longer working as employees in sectors other than agriculture to improve the area structure of their holding with the aim of securing an income that will guarantee them a basic standard of living off the land. It should also facilitate the sale of agricultural land owned by the unemployed who need capital to switch to self-employed status.

               (7)

               In view of the lack of financial resources of farmers and the high interest rates on commercial loans for the purchase of land, farmers encounter great difficulties in taking out commercial loans for investments such as the purchase of agricultural land. In November 2009, interest rates applied by credit institutions for commercial credit lines for the purchase of agricultural land exceeded 15 % per annum.

               (8)

               In 2009 the recession period set in on the market of agricultural land. The number of transactions has been considerably reduced and according to the Land Book the number of land sales and purchases dropped by up to 4,5 times compared with 2007.

               (9)

               The State aid to be granted amounts to a maximum of 8 million Latvian lats (LVL) and should enable the purchase of a total of 70 000 hectares of agricultural land by approximately 1 000 farmers during the period from 2010 to 2013. Both state and municipality owned land, as well as land owned by natural persons, is eligible.

               (10)

               The State aid will take the form of subsidising interest payments on loans covering 4 percentage points of the annual interest rate applied by the bank. However, where this annual interest rate is below 4 percentage points, the actual interest rate paid by the borrower will be entirely refunded.

               (11)

               The Commission has not at this stage initiated any procedure nor taken a position on the nature and compatibility of the aid.

               (12)

               Exceptional circumstances therefore exist, making it possible to consider such aid, by way of derogation and to the extent strictly necessary to limit the extent of rural poverty in Latvia, to be compatible with the internal market,

         HAS ADOPTED THIS DECISION:
   Article 1
   Exceptional State aid by the Latvian authorities for loans for the purchase of agricultural land, amounting to a maximum of LVL 8 million and granted between 1 January 2010 and 31 December 2013, shall be considered to be compatible with the internal market.
   Article 2
   This Decision is addressed to the Republic of Latvia.

      Done at Brussels, 16 December 2009.

            For the Council

            The President

         E. ERLANDSSON


title: 2006/712/EC,Euratom: Council and Commission Decision of 25 September 2006 on the conclusion of the Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Kyrgyzstan, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union

text:
               1.11.2006

               EN

               Official Journal of the European Union

               L 303/13

      COUNCIL AND COMMISSION DECISION

   of 25 September 2006
   on the conclusion of the Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Kyrgyzstan, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union
   (2006/712/EC, Euratom)
   THE COUNCIL OF THE EUROPEAN UNION,
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community, and in particular Article 44(2), the last sentence of Article 47(2), and Articles 55, 57(2), 71, 80(2), 93, 94, 133 and 181a, in conjunction with the second sentence of Article 300(2) and the first subparagraph of Article 300(3), thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 101 thereof,
   Having regard to the Treaty of Accession of 16 April 2003, and in particular Article 2(3) thereof,
   Having regard to the Act of Accession annexed to the Treaty of Accession, and in particular Article 6(2) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament (1),
   Having regard to the Council's approval pursuant to Article 101 of the Treaty establishing the European Atomic Energy Community,
   Whereas:

               (1)

               The Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Kyrgyzstan, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union, and providing for certain technical adjustments linked to the institutional and legal developments within the European Union, was signed on behalf of the European Community and the Member States on 30 April 2004 in accordance with Council Decision 2006/711/EC (2).

               (2)

               Pending its entry into force, the Protocol has been applied on a provisional basis as from the date of accession.

               (3)

               The Protocol should be concluded,

         HAVE DECIDED AS FOLLOWS:
   Article 1
   The Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Kyrgyzstan, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union is hereby approved on behalf of the European Community, the European Atomic Energy Community and the Member States.
   The text of the Protocol is attached to this Decision (3).
   Article 2
   The President of the Council shall, on behalf of the European Community and its Member States, give the notification provided for in Article 4 of the Protocol. The President of the Commission shall simultaneously give such notification on behalf of the European Atomic Energy Community.

      Done at Brussels, 25 September 2006.

            For the Council

            The President

         M. PEKKARINEN

            For the Commission

            The President

         J. M. BARROSO

      (1)  OJ C 174 E, 14.7.2005, p. 16.

      (2)  See page 8 of this Official Journal.

      (3)  See page 9 of this Official Journal.


title: Council Decision of 18 June 1973 adopting a research programme for the European Economic Community in the field of reference substances and methods (Community Bureau of Reference)

text:
11 . 7 . 73                       Official Journal of the European Communities                                 No L 189/41
                                               COUNCIL DECISION
                                                  of 18 June 1973
             adopting a research programme for the European Economic Community in the field
                      of reference substances and methods (Community Bureau of Reference)
                                                   (73 / 179/EEC)
THE COUNCIL OF THE EUROPEAN                                                              Article 2
COMMUNITIES,
                                                              The maximum expenditure commitment and staff
Having regard to the Treaty establishing the                  necessary for the implementation of this programme
European Economic Community, and in particular                shall be 1-9 million units of account and siix staff, the
Article 235 thereof;                                          unit of account being defined in Article 10 of the
Having regard to the Proposal from the Commission ;           Financial Regulation of 25 April 1973 ( 1 ) applicable
                                                              to the general budget of the European Communities .
Having regard to the Opinion of the European
Parliament;
                                                                                Article 3
Whereas, pursuant to Article 3 ( a ) and ( h) of the
Treaty establishing the European Economic                     The Commission shall be responsible for the
Community, the activities of the Community shall              implementation of this programme . It shall submit an
include especially the elimination, as between                annual report to the Council on the subject.
Member States, of quantitative restrictions on the
import and export of goods and of all other measures
having equivalent effect, together with the                                              Article 4
approximation of the laws of the Member States to
the extent required for the proper functioning of the         The programme defined in the Annex shall be subject
common market ;                                               to review at the beginning of the second year, in
Whereas the research projects which are the subject           accordance with the appropriate procedures , and in
of this Decision therefore appear necessary in order          the light of the decisions of the Paris Summit
to achieve certain Community objectives in the                Conference .
functioning of the common market;
                                                                                Article 5
Whereas the Treaty establishing the European
Economic Community made no provision for the
                                                              Knowledge gained from the implementation of those
powers required for these purposes ;
                                                              parts of the programme defined in the Annex shall be
                                                              disseminated    in accordance with conditions            and
HAS ADOPTED THIS DECISION :                                   within limits to be fixed at a later date .
                       Article 1
A European Economic Community research                        Done at Luxembourg, 18 June 1973 .
programme to be carried out by the Community
Bureau of Reference ( CBR) in the field of reference
substances and methods, as set out in the Annex to                                                     For the Council
this Decision is hereby adopted for a period of three
                                                                                The President
years beginning on 1 January 1973 . The Annex shall
form an integral part of this Decision .                                                                 A. LAVENS
                                                               (') OJ No L 116, 1 . 5 . 1973 , p . 1 .
 ---pagebreak--- No L 189 /42                           Official Journal of the European Communities                        11 . 7. 73
                                                            ANNEX
                                                      INDIRECT PROJECT
                                                   NON-NUCLEAR PROJECTS
                                                Reference substances and methods
                                                ( Community Bureau of Reference)
             JOINT PROGRAMME
             A maximum of 1-9 million units of account and a staff of six shall be allocated to this
             objective.
             The aim of the Community programme shall be to strengthen, coordinate, harmonize and
             supplement national efforts in the field of reference substances and methods of measurement.
            The objective shall include:
             ( a) the activities of a Secretariat;
             ( b) — identification of materials;
                  — inventory and definition of requirements for new certified reference substances (CRS);
                  — technical specification of CRS ;
                  — perfecting and preparation of CRS ;
                  — arrangements for comparative surveys ;
                  — European certification of technical characteristics of CRS ;
                  — approval of laboratories.
            Surveys and laboratory work shall be carried out under contract.


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31993D0115

93/115/EEC: Council Decision of 15 February 1993 granting a Community guarantee to the European Investment Bank against losses under loans for projects of mutual interest in certain third countries

Official Journal L 045 , 23/02/1993 P. 0027 - 0027 Finnish special edition: Chapter 1 Volume 3 P. 0008  Swedish special edition: Chapter 1 Volume 3 P. 0008

COUNCIL DECISION of 15 February 1993 granting a Community guarantee to the European Investment Bank against losses under loans for projects of mutual interest in certain third countries(93/115/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,   Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Whereas the Council of 13 and 14 May 1991 decided, on the basis of a communication from the Commission, on a limited extension of European Investment Bank (EIB) operations in those third countries with which the Community has concluded cooperation  agreements;  Whereas the Council of 8 July 1991 confirmed these guidelines;  Whereas the Council of 19 May 1992 decided on the guidelines to be applied for loans from the EIB granted in third countries with which the Community has concluded cooperation agreements;  Whereas the Council has invited the EIB, to make available, in accordance with its statutes and usual criteria, loans for projects of mutual interest in certain third countries covered by a guarantee;  Whereas a Guarantee Fund will be established as soon as possible in order to provide appropriate budgetary treatment of the guarantees for Community loans granted to third countries, in accordance with the conclusions of the European Council on 11 and  12 December 1992,  HAS DECIDED AS FOLLOWS:  Article 1  The Community shall fully guarantee the European Investment Bank in cases where the Bank does not receive the payments due under any loan granted in accordance with its usual criteria to those third countries with which the Community has  concluded cooperation agreements. An overall limit of ECU 250 million per year, shall be set for a three-year period. This limit shall be reviewed at the end of that period.  To this end the EIB and the Commission shall agree on the procedures for implementing the guarantee.  Article 2  Every six months the Commission shall inform the European Parliament and the Council as to the rhythm of take-up of loans under the guarantee. To this end, the Bank shall forward to the Commission all necessary details for the complete  information of the European Parliament and the Council.  Once a year, the Commission shall forward to the European Parliament and the Council a report which will include an evaluation of the implementation of this Decision.  Done at Brussels, 15 February 1993.  For the Council The President M. JELVED (1) OJ No C 172, 8. 7. 1992, p. 6.  (2) OJ No C 21, 25. 1. 1993.


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31995D1221(04)

Council Decision of 8 December 1995 appointing the Austrian, Finnish and Swedish members of the Advisory Committee on Veterinary Training

Official Journal C 343 , 21/12/1995 P. 0004 - 0005

COUNCIL DECISION of 8 December 1995 appointing the Austrian, Finnish and Swedish members of the Advisory Committee on Veterinary Training (95/C 343/04)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to the Act of Accession of 1994, and in particular Article 165 (1) thereof,Having regard to Council Decision 78/1028/EEC of 18 December 1978 setting up an Advisory Committee on Veterinary Training (1), and in particular Articles 3 and 4 thereof,Having regard to the nominations submitted to the Council by the Austrian, Finnish and Swedish Governments,Whereas, by its Decision of 25 March 1994 (2), the Council appointed the members and alternate members of the Advisory Committee on Veterinary Training for the period until 24 March 1997;Whereas the Austrian, Finnish and Swedish members and alternate members should be appointed for the same period,HAS DECIDED AS FOLLOWS:Sole Article The following are hereby appointed members and alternate members of the Advisory Committee on Veterinary Training for the period ending on 24 March 1997:A. >TABLE>B. >TABLE>C. >TABLE>Done at Brussels, 8 December 1995.For the CouncilThe PresidentJ. BORRELL FONTELLES(1) OJ No L 362, 23. 12. 1978, p. 10.(2) OJ No C 100, 9. 4. 1994, p. 1.


title: Council Decision of 22 December 2009 on the granting of State aid by the authorities of the Republic of Hungary for the purchase of agricultural land between 1 January 2010 and 31 December 2013

text:
               29.12.2009

               EN

               Official Journal of the European Union

               L 348/55

      COUNCIL DECISION

   of 22 December 2009
   on the granting of State aid by the authorities of the Republic of Hungary for the purchase of agricultural land between 1 January 2010 and 31 December 2013
   (2009/1017/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union and in particular Article 108(2), third subparagraph, thereof,
   Having regard to the request made by the Government of the Republic of Hungary on 27 November 2009,
   Whereas:

               (1)

               On 27 November 2009, the Republic of Hungary (hereinafter referred to as ‘Hungary’) presented to the Council a request for a decision in accordance with the third subparagraph of Article 88(2) of the Treaty establishing the European Community, concerning Hungary’s plan to grant State aid to Hungarian farmers for the purchase of agricultural land.

               (2)

               The land privatisation process which Hungary has been engaged in since the beginning of the 1990s has in many cases led to fragmented or undivided joined ownership of agricultural land, resulting in an unfavourable land use structure and poor economic viability of agricultural holdings.

               (3)

               In view of farmers’ lack of capital, the high interest rates on commercial loans for the purchase of agricultural land and the tightening up of the banks’ criteria for the granting of loans to farmers in the current crisis, farmers, especially those with smallholdings, have little prospect of taking out commercial loans for investments such as the purchase of land. In fact, as a result of the financial and economic crisis, annual interest rates on commercial loans for the purchase of agricultural land increased from an average rate of 9,5 % in July 2008 to 15,5 % in May 2009, and the average value of collateral required for such loans nearly doubled in that same period.

               (4)

               In this situation, speculative land purchase by economic operators not engaged in agricultural activity who have easier access to capital is likely to increase.

               (5)

               State aid for the purchase of agricultural land should help save the livelihood of numerous farming families in the current crisis by creating the enabling conditions for reducing production costs and improving profitability of agricultural production, thus halting the increase in poverty and unemployment in rural areas. As a result of the crisis, unemployment in Hungary rose from 7,7 % in the period from August 2008 to October 2008 to 10,4 % in the same period in 2009, while Hungary’s Gross Domestic Product (GDP) decreased between the third quarter of 2008 and the third quarter of 2009 by 7,2 %. Moreover, Hungary’s GDP at current prices in the agriculture, forestry and fisheries sector fell by approximately 33 % between the first half of 2008 and the first half of 2009 (from Hungarian forint (HUF) 410 828 million to HUF 275 079 million).

               (6)

               The State aid to be granted amounts to a total of HUF 4 000 million and should benefit approximately 5 000 agricultural producers. It should take the form of:

                           —

                           an interest subsidy, up to a total of HUF 2 000 million, for loans to private farmers meeting criteria relating to registration, vocational qualification, the fulfilment of good agricultural practices and the requirements of a viable holding, allowing them to take out favourable loans to purchase agricultural land up to an overall farm size limit of 300 hectares. The interest subsidy is operated as a mortgage loan for a maximum amount of HUF 75 million and for a maximum period of 20 years, including a two-year grace period for capital reimbursement, and will be equal to 50 % of the average yield of Hungarian government bonds with 5 or 10 years maturity, increased by 1,75 %;

                           —

                           a direct grant, up to a total of HUF 2 000 million, for the purchase of agricultural land, amounting to maximum 20 % of the purchase price laid down in the sales contract, with a maximum amount of HUF 3 million per application and a maximum number of two applications annually per beneficiary. The grant may be allocated to a private person who, on the date of purchase, was involved in an agricultural activity as the owner of at least 5 hectares of plantations or 1 hectare of other agricultural land for a period of at least one year, on a parcel directly adjacent to the purchased land, and who undertakes not to sell the purchased land and to actually use it for the sole purpose of agricultural production during a period of at least five years from the date of payment of the aid. The aid may be granted only if the overall size of the existing and purchased land exceeds 210 Gold Crowns (1), or 2 hectares in the case of agricultural land used as vineyard or orchard, and if it is not registered as land used for forestry.

               (7)

               It is not permitted to combine State aid in the form of an interest subsidy and a direct grant for the purchase of the same area of agricultural land.

               (8)

               The Commission has not at this stage initiated any procedure nor taken a position on the nature and compatibility of the aid.

               (9)

               Exceptional circumstances therefore exist, making it possible to consider such aid, by way of derogation and to the extent strictly necessary to limit the extent of rural poverty in Hungary, to be compatible with the internal market,

         HAS ADOPTED THIS DECISION:
   Article 1
   Exceptional State aid by the Hungarian authorities in the form of interest subsidies and direct grants for the purchase of agricultural land, amounting to a maximum of HUF 4 000 million and allocated between 1 January 2010 and 31 December 2013, shall be considered to be compatible with the internal market.
   Article 2
   This Decision is addressed to the Republic of Hungary.

      Done at Brussels, 22 December 2009.

            For the Council

            The President

         A. CARLGREN

      (1)  Measurement unit of the quality of agricultural land in Hungary.