Avis juridique important

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31981D0493

81/493/EEC: Commission Decision of 6 July 1981 terminating the anti-dumping procedure concerning imports of furfural originating in the Dominican Republic, Spain and the People' s Republic of China

Official Journal L 189 , 11/07/1981 P. 0057

****( 1 ) OJ NO L 339 , 31 . 12 . 1979 , P . 1 .  ( 2 ) OJ NO C 219 , 27 . 8 . 1980 , P . 3 .    COMMISSION DECISION   OF 6 JULY 1981   TERMINATING THE ANTI-DUMPING PROCEDURE CONCERNING IMPORTS OF FURFURAL ORIGINATING IN THE DOMINICAN REPUBLIC , SPAIN AND THE PEOPLE ' S REPUBLIC OF CHINA  ( 81/493/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 ), AND IN PARTICULAR ARTICLE 9 THEREOF ,   AFTER HEARING THE OPINIONS EXPRESSED BY THE ADVISORY COMMITTEE SET UP UNDER THAT REGULATION ,   WHEREAS , IN JULY 1980 , THE COMMISSION RECEIVED A COMPLAINT LODGED BY THE FIRM AGRIFURANE OF PARIS ON BEHALF OF THE FRENCH AND ITALIAN PRODUCERS OF FURFURAL WHICH ACCOUNT FOR OVER 95 % OF THE COMMUNITY PRODUCTION OF THAT PRODUCT ;   WHEREAS , SINCE THE COMPLAINT PROVIDED SUFFICIENT EVIDENCE OF DUMPING IN RESPECT OF LIKE PRODUCTS ORIGINATING IN THE DOMINICAN REPUBLIC , SPAIN AND THE PEOPLE ' S REPUBLIC OF CHINA , AND OF MATERIAL INJURY RESULTING THEREFROM , THE COMMISSION ACCORDINGLY ANNOUNCED , BY A NOTICE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES ( 2 ), THE INITIATION OF A PROCEDURE CONCERNING IMPORTS OF FURFURAL ORIGINATING IN THE DOMINICAN REPUBLIC , SPAIN AND THE PEOPLE ' S REPUBLIC OF CHINA , AND COMMENCED AN INVESTIGATION OF THE MATTER AT COMMUNITY LEVEL ;   WHEREAS THE COMMISSION OFFICIALLY SO ADVISED THE EXPORTERS AND IMPORTERS CONCERNED , AS WELL AS THE REPRESENTATIVES OF THE EXPORTING COUNTRIES AND THE COMPLAINANTS ;   WHEREAS THE COMMISSION HAS GIVEN ALL PARTIES DIRECTLY CONCERNED THE OPPORTUNITY TO MAKE KNOWN THEIR VIEWS IN WRITING AND TO BE HEARD ORALLY ; WHEREAS SEVERAL OF THE IMPORTING AND ALL THE EXPORTING PARTIES KNOWN TO BE CONCERNED HAVE TAKEN THE OPPORTUNITY TO MAKE KNOWN THEIR VIEW IN WRITING ;   WHEREAS THE COMPLAINANTS , THE IMPORTERS AND THE EXPORTERS KNOWN TO BE CONCERNED AND THE REPRESENTATIVES OF THE EXPORTING COUNTRIES HAVE HAD THE OPPORTUNITY TO INSPECT NON-CONFIDENTIAL INFORMATION MADE AVAILABLE TO THE COMMISSION WHICH WAS RELEVANT TO THE DEFENCE OF THEIR INTERESTS ; WHEREAS SOME OF THE PARTIES AVAILED THEMSELVES OF THIS OPPORTUNITY ;   WHEREAS , IN ORDER TO ARRIVE AT A PRELIMINARY DETERMINATION OF DUMPING AND INJURY , THE COMMISSION SOUGHT ALL INFORMATION IT DEEMED TO BE NECESSARY FROM ALL EXPORTERS AND IMPORTERS KNOWN TO BE CONCERNED AND CARRIED OUT ON-THE-SPOT INVESTIGATIONS AT THE PREMISES OF THE MAIN EXPORTER , GULF AND WESTERN AMERICAS CORPORATION ( LA ROMANA , DOMINICAN REPUBLIC ) AND OF THE TWO PRINCIPAL IMPORTERS IN THE COMMUNITY , RHONE-POULENC SA ( PARIS ) AND QUAKER OATS NV  ( ANTWERP ); WHEREAS THE COMMISSION ALSO CARRIED OUT INSPECTIONS AT THE PREMISES OF ALL COMPLAINANT COMMUNITY PRODUCERS , INCLUDING , IN FRANCE , AGRIFURANE SA ( AGEN ) AND SICA-CHIMIE ( PARIS ), AND , IN ITALY , ALCE SPA ( S . MICHELE MONDOVI ) AND SIF SPA ( MILAN );   WHEREAS , IN SEEKING TO DETERMINE THE NORMAL VALUE FOR GULF AND WESTERN AMERICAS CORPORATION ( GWAC ), THE COMMISSION HAD TO TAKE ACCOUNT OF THE FACT THAT THERE ARE NO SALES OF THE LIKE PRODUCT ON THE DOMESTIC MARKET OF THE DOMINICAN REPUBLIC AND THAT SALES TO THIRD COUNTRIES NOT MEMBERS OF THE EUROPEAN ECONOMIC COMMUNITY WERE RELATIVELY SMALL AND DID NOT , THEREFORE , PERMIT A PROPER COMPARISON ; WHEREAS , FOR THESE REASONS , THE COMMISSION DETERMINED THAT THE NORMAL VALUE FOR THIS COMPANY SHOULD BE ESTABLISHED ON THE BASIS OF ITS CONSTRUCTED VALUE ;   WHEREAS THE COMMISSION DETERMINED CONSTRUCTED VALUE FOR THE PERIOD OF INVESTIGATION RUNNING FROM AUGUST 1979 TO JULY 1980 BY TAKING THE COMPANY ' S TOTAL COST OF MATERIALS AND MANUFACTURE AND ADDING AN AMOUNT FOR OVERHEADS AND AN 8 % PROFIT MARGIN CONSIDERED TO BE APPROPRIATE ; WHEREAS , IN DETERMINING THE COST OF MATERIALS , THE COMMISSION HAD TO PAY SPECIAL ATTENTION TO THE VALUE OF THE RAW MATERIAL , BAGASSE , USED IN THE PRODUCTION OF FURFURAL ; WHEREAS BAGASSE IS A BY-PRODUCT OF THE COMPANY ' S DOMINICAN SUGAR PRODUCTION ; WHEREAS DUE TO DISPROPORTIONATELY HIGH TRANSPORT COSTS THERE IS NO DEMAND FOR THIS BAGASSE IN THE DOMINICAN REPUBLIC OR ELSEWHERE AND THEREFORE NO MARKET PRICE ; WHEREAS , HOWEVER , THE COMPANY COULD ALSO USE THE BAGASSE AS FUEL IN ITS SUGAR MILL AND THEREBY REDUCE THE MILL ' S ENERGY COSTS ; WHEREAS THE COMPANY , THEREFORE , VALUES THE BAGASSE USED IN THE FURFURAL PRODUCTION BY TAKING INTO ACCOUNT THESE POTENTIAL SAVINGS ; WHEREAS THIS ACCOUNTING PRACTICE WAS CONSIDERED TO BE REASONABLE ;   WHEREAS EXPORT PRICES WERE DETERMINED ON THE BASIS OF THE PRICES ACTUALLY PAID FOR THE PRODUCT CONCERNED SOLD FOR EXPORT TO THE COMMUNITY ;   WHEREAS , IN SEEKING A PRELIMINARY DETERMINATION OF THE EXISTENCE OF DUMPING , THE COMMISSION COMPARED THESE EXPORT PRICES , TRANSACTION BY TRANSACTION , ON AN EX-FACTORY BASIS , WITH THE NORMAL VALUE ; WHEREAS THIS COMPARISON SHOWED THAT EXPORTS FROM THE DOMINICAN REPUBLIC TO THE COMMUNITY WERE NOT BEING DUMPED DURING THE PERIOD UNDER CONSIDERATION ;   WHEREAS , HAVING ESTABLISHED THAT EXPORTS FROM THE DOMINICAN REPUBLIC TO THE COMMUNITY WERE NOT BEING DUMPED AND BEARING IN MIND THE SMALLER QUANTITIES OF IMPORTS FROM SPAIN AND THE PEOPLE ' S REPUBLIC OF CHINA AND THE PRICE LEVEL OF THESE IMPORTS , THE COMMISSION EXAMINED THE QUESTION WHETHER MATERIAL INJURY WAS BEING CAUSED BY THE ALLEGEDLY DUMPED SPANISH AND CHINESE IMPORTS ;   WHEREAS THE EVIDENCE AVAILABLE TO THE COMMISSION SHOWS THAT IMPORTS FROM CHINA TO MEMBER STATES OTHER THAN BELGIUM AND LUXEMBOURG , IMPORT STATISTICS OF WHICH ARE CONFIDENTIAL , INCREASED FROM 5 161 TONNES IN 1976 , WHICH ACCORDING TO THE COMPLAINANTS WAS THE LAST NORMAL TRADING YEAR NOT AFFECTED BY THE ALLEGEDLY DUMPED IMPORTS , TO 6 388 TONNES IN 1979 ; WHEREAS IMPORTS INTO THE SAME MEMBER STATES FROM SPAIN INCREASED FROM 515 TONNES IN 1976 TO 1 793 TONNES IN 1978 AND FELL AGAIN TO 423 TONNES IN THE FIRST SIX MONTHS OF 1980 ; WHEREAS THE SHARE OF THE TOTAL COMMUNITY MARKET OF CHINESE IMPORTS ROSE FROM 8.1 % IN 1976 TO 12.4 % IN 1979 AND TO 13.4 % IN THE FIRST SIX MONTHS OF 1980 ; WHEREAS THE CORRESPONDING SHARE OF SPANISH IMPORTS ROSE FROM 1.7 % IN 1976 TO 3.9 % IN 1978 AND FELL AGAIN TO 1.4 % IN THE FIRST SIX MONTHS OF 1980 ; WHEREAS ONE OF THE THREE SPANISH PRODUCERS KNOWN TO THE COMMISSION STOPPED PRODUCTION IN 1979 AND IS AT PRESENT ONLY SELLING ITS REMAINING STOCKS AND , THEREFORE , A FURTHER DECLINE IN SPANISH EXPORTS IS TO BE EXPECTED ;   WHEREAS , IN RESPECT OF THE PRICES OF THE ALLEGEDLY DUMPED IMPORTS , THE INFORMATION AVAILABLE TO THE COMMISSION SHOWS AN UNDERCUTTING OF COMMUNITY PRODUCERS '  PRICES BY CHINESE IMPORTS IN RESPECT OF SALES TO THE ONLY TWO PRODUCERS OF FURFURYL ALCOHOL ( QUAKER OATS AND RHONE-POULENC ), BUT NOT IN RESPECT OF SALES TO THE OTHER USERS WHICH ARE MAINLY DOING BUSINESS IN THE PETRO-CHEMICAL FIELD AND ARE USING FURFURAL FOR THE PURPOSE OF CLEANING LUBRICATING OILS ; WHEREAS NO INFORMATION IN RESPECT OF RESALE PRICES OF THE SPANISH PRODUCT HAS BEEN RECEIVED BY THE COMMISSION ; WHEREAS , HOWEVER , THE INFORMATION OBTAINED SHOWED THAT DURING THE PERIOD UNDER CONSIDERATION THE FREE-AT-COMMUNITY-FRONTIER PRICES OF SPANISH EXPORTS WERE GENERALLY HIGHER THAN THE CIF PRICES OF CHINESE IMPORTS ; WHEREAS THERE HAS BEEN A VERY CONSIDERABLE INCREASE IN PRICES OF FURFURAL THROUGHOUT THE COMMUNITY SINCE MID-1980 ; WHEREAS THIS INCREASE IS MAINLY DUE TO A SHORTAGE OF FURFURAL ON THE WORLD MARKETS WHICH HAS BEEN ACCENTUATED BY THE FACT THAT ONE OF THE FRENCH PRODUCERS , FOR PURELY TECHNICAL REASONS , STOPPED ITS FURFURAL PRODUCTION ; WHEREAS CIF PRICES OF CHINESE FURFURAL SOLD TO PRODUCERS OF FURFURYL ALCOHOL IN THE COMMUNITY , WHICH CONSTITUTE THE MAIN OUTLET FOR CHINESE EXPORTS TO THE EEC , HAVE ALREADY INCREASED TO A LEVEL CLOSE TO THE COST PRICE OF THE COMMUNITY PRODUCERS ;   WHEREAS TOTAL PRODUCTION CAPACITY OF EEC PRODUCERS CANNOT SATISFY MORE THAN APPROXIMATELY ONE-THIRD OF COMMUNITY CONSUMPTION ; WHEREAS COMMUNITY PRODUCTION INCREASED FROM 12 358 TONNES IN 1976 TO AN ESTIMATED 14 959 TONNES IN 1980 AFTER HAVING REACHED A PEAK OF 15 346 TONNES IN 1978 ; WHEREAS THE SHARE OF THE EEC MARKET HELD BY COMMUNITY PRODUCERS HAS REMAINED RELATIVELY STABLE AND AMOUNTED TO AN ESTIMATED 19 % IN 1980 ;   WHEREAS , HOWEVER , DUE TO THE LOW LEVEL OF PRICES , AND IN PARTICULAR OF THOSE PRICES OBTAINED FROM THE TWO PRODUCERS OF FURFURYL ALCOHOL , THREE OF THE FOUR COMMUNITY PRODUCERS INVESTIGATED HAVE BEEN SUFFERING CONSIDERABLE LOSSES ; WHEREAS , HOWEVER , THE RECENT INCREASE IN THE OVERALL PRICE LEVEL AND THE LEVEL OF PRICES OF CHINESE IMPORTS IN PARTICULAR HAS ALREADY , TO A LARGE EXTENT , REMEDIED THE SITUATION OF THE COMPLAINANT INDUSTRY ;   WHEREAS THE COMMISSION HAD TO TAKE ACCOUNT OF THE FACT THAT BEFORE AND DURING THE PERIOD OF INVESTIGATION PRICES OF DOMINICAN EXPORTS , WHICH WERE EXCLUSIVELY SOLD TO THE TWO PRODUCERS OF FURFURYL ALCOHOL AND WHICH GENERALLY ACCOUNTED FOR OVER 60 % OF THE COMMUNITY MARKET , HAVE BEEN AS LOW AS OR LOWER THAN PRICES OF CHINESE EXPORTS ; WHEREAS THE QUANTITY OF SPANISH EXPORTS COMPARED TO THE VOLUME OF IMPORTS FROM THE DOMINICAN REPUBLIC AND CHINA WAS NEGLIGIBLE ; WHEREAS , MOREOVER , ANOTHER INCREASE OF THE PRICE OF CHINESE IMPORTS IS NOT LIKELY TO IMPROVE THE SITUATION OF THE COMMUNITY PRODUCERS , GIVEN THE RELATIVELY SMALL MARGIN BETWEEN PRESENT PRICES OF THE CHINESE PRODUCT AND THE SELLING PRICE OF FURFURYL ALCOHOL , WHICH IS HARDLY SUFFICIENT TO COVER PRESENT MANUFACTURING COSTS OF ALCOHOL PRODUCERS ACCOUNTING FOR APPROXIMATELY 75 % OF COMMUNITY CONSUMPTION OF FURFURAL ; WHEREAS AN EVENTUAL INCREASE IN THE SELLING PRICE OF FURFURYL ALCOHOL TO COVER HIGHER COSTS FOR FURFURAL WOULD BE LIKELY TO LEAD TO A REDUCTION IN CONSUMPTION OF ALCOHOL AND ITS PARTIAL SUBSTITUTION BY OTHER , LESS EXPENSIVE PRODUCTS , AND THEREFORE INEVITABLY LEAD TO A FALL IN COMMUNITY CONSUMPTION OF FURFURAL ;   WHEREAS , IN THESE CIRCUMSTANCES , IT APPEARS THAT THE UNDUMPED IMPORTS FROM THE DOMINICAN REPUBLIC HAVE BEEN THE PRINCIPAL CAUSE OF ANY INJURY SUFFERED BY THE COMMUNITY INDUSTRY ; WHEREAS , IN RESPECT OF SPANISH AND CHINESE IMPORTS , THE INTERESTS OF THE COMMUNITY DO NOT NOW CALL FOR PROTECTIVE MEASURES ; WHEREAS , THEREFORE , NO FURTHER INVESTIGATION OF THE ALLEGED DUMPING IN RESPECT OF THESE IMPORTS IS NECESSARY AND THE PROCEDURE CONCERNING IMPORTS OF FURFURAL ORIGINATING IN THE DOMINICAN REPUBLIC , SPAIN AND THE PEOPLE ' S REPUBLIC OF CHINA SHOULD BE TERMINATED ,   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   THE ANTI-DUMPING PROCEDURE IN RESPECT OF FURFURAL ORIGINATING IN THE DOMINICAN REPUBLIC , SPAIN AND THE PEOPLE ' S REPUBLIC OF CHINA IS HEREBY TERMINATED .   DONE AT BRUSSELS , 6 JULY 1981 .   FOR THE COMMISSION   ETIENNE DAVIGNON   VICE-PRESIDENT


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31991D0195

91/195/ECSC, EEC, Euratom: Commission Decision of 19 March 1991 adjusting the weightings applicable from 1 November 1990 to the remuneration of officials of the European Communities serving in non-member countries

Official Journal L 094 , 16/04/1991 P. 0030 - 0030

COMMISSION DECISION  of 19 March 1991  adjusting the weightings applicable from 1 November 1990 to the remuneration of officials of the European Communities serving in non-member countries  (91/195/ECSC, EEC, Euratom) THE COMMISSION OF  THE EUROPEAN COMMUNITIES,  Havig regard to the Treaty establishing a Single Council and a Single Commission of the European Communities,  Having regard to the Staff Regulations of the Officials of the European Communities laid down by Regulation (EEC, Euratom, ECSC) No 259/68 (1), as last amended by Regulation (Euratom, ECSC, EEC) No 3736/90 (2), and in particular the second paragraph of  Article 13 of Annex X thereto,  Whereas pursuant to the first paragraph of Article 13 of Annex X to the Staff Regulations Council Regulation No 3912/90 (3) laid down the weightings to be applied from 1 July 1990 to the remuneration of officials serving in non-member countries payable  in the currency of their country of employment;  Whereas the Commission has made a number of adjustments to these weightings in recent months, pursuant to the second paragraph of Article 13 of Annex X to the Staff Regulations;  Whereas, some of these weightings should be adjusted with effect from 1 November 1990 given that the statistics available to the Commission show that in certain non-member countries the variation in the cost of living measured on the basis of the  weighting and the corresponding exchange rate has exceeded 5 % since weightings were last laid down or adjusted;  DECIDES:  Sole Article  With effect from 1 November 1990 the weightings applicable to the remuneration of officials serving in non-member countries payable in the currency of their country of employment are adjusted as shown in the Annex.  The exchange rates for the payment of such remuneration shall be those used for implementation of the budget of the European Communities during the month preceding the date on which this Decision takes effect. Done at Brussels, 19 March 1991. For the  Commission  António CARDOSO E CUNHA  Member of the Commission  (1) OJ No L 56, 4. 3. 1968, p. 1. (2) OJ No L 360, 22. 12. 1990, p. 1. (3) OJ No L 375, 31. 12. 1990, p. 3.    ANNEX    Country of employment  Weightings applicable with effect from 1 November 1990     Chile  42,4800000  Ghana  33,1900000  Mexico  46,080000  Western Samoa  61,2000000  Zaire  48,2800000


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41979D0604

79/604/ECSC: Decision of the representatives of the Governments of the Member States of the European Coal and Steel Community, meeting within the Council, of 2 July 1979 extending Decision 77/422/ECSC opening tariff preferences for products covered by that Community and originating in Jordan

Official Journal L 169 , 07/07/1979 P. 0016 - 0016

****( 1 ) OJ NO L 169 , 7 . 7 . 1977 , P . 30 .  ( 2 ) OJ NO L 175 , 29 . 6 . 1978 , P . 29 .    DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY , MEETING WITHIN THE COUNCIL ,   OF 2 JULY 1979   EXTENDING DECISION 77/422/ECSC OPENING TARIFF PREFERENCES FOR PRODUCTS COVERED BY THAT COMMUNITY AND ORIGINATING IN JORDAN  ( 79/604/ECSC )   THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY , MEETING WITHIN THE COUNCIL ,   WHEREAS , PENDING THE ENTRY INTO FORCE OF THE AGREEMENT BETWEEN THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY AND THE HASHEMITE KINGDOM OF JORDAN , SIGNED ON 18 JANUARY 1977 , THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES ADOPTED AUTONOMOUSLY AND CONCOMITANTLY DECISION 77/422/ECSC ( 1 ) OPENING TARIFF PREFERENCES FOR PRODUCTS COVERED BY THAT COMMUNITY AND ORIGINATING IN JORDAN ; WHEREAS THAT DECISION WAS EXTENDED UNTIL 30 JUNE 1979 AT THE LATEST BY DECISION 78/556/ECSC ( 2 );   WHEREAS THE AFOREMENTIONED AGREEMENT HAS NOT YET ENTERED INTO FORCE ; WHEREAS THE PERIOD OF VALIDITY OF THE AUTONOMOUS MEASURES SHOULD BE EXTENDED BY SIX MONTHS ;   IN AGREEMENT WITH THE COMMISSION ,   HAS DECIDED AS FOLLOWS :   ARTICLE 1   IN ARTICLE 4 OF DECISION 77/422/ECSC , THE DATE ' 30 JUNE 1979 '  IS HEREBY REPLACED BY ' 31 DECEMBER 1979 ' .   ARTICLE 2   MEMBER STATES SHALL TAKE THE MEASURES NECESSARY FOR THE IMPLEMENTATION OF THIS DECISION .   DONE AT BRUSSELS , 2 JULY 1979 .   THE PRESIDENT   M . O ' KENNEDY


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E1994C0195

EFTA SURVEILLANCE AUTHORITY DECISION No 195/94/COL of 30 November 1994 concerning additional guarantees relating to turkey rhinotracheitis/swollen head syndrome for poultry destined to certain EFTA States

Official Journal L 383 , 31/12/1994 P. 0047 - 0049

EFTA SURVEILLANCE AUTHORITY DECISION No 195/94/COL of 30 November 1994 concerning additional guarantees relating to turkey rhinotracheitis/swollen head syndrome for poultry destined to certain EFTA States THE EFTA SURVEILLANCE AUTHORITY,Having regard to the Agreement on the European Economic Area, as adjusted by the Protocol Adjusting the Agreement on the European Economic Area, and in particular Article 17 and Protocol 1 (4) (d) thereof,Having regard to the Act referred to in point 4 of Chapter I of Annex I to the Agreement on the European Economic Area on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs (Council Directive 90/539/EEC, hereinafter referred to as 'the Poultry Act'), and in particular Article 14 thereof,Having regard to the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice, as adjusted by the Protocol Adjusting the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice, and in particular Article 5 (2) (d) and Protocol I, Article 1 (c) thereof,Whereas Finland, as stated in a letter dated 11 April 1994, and Sweden, as stated in a letter dated 14 December 1993 consider their territories to be free of turkey rhinotracheitis/swollen head syndrome for poultry (TRT/SHS) and vaccination against RTR/SHS has been prohibited for more than a year;Whereas Finland and Sweden have submitted documentation to the EFTA Surveillance Authority as provided for in Article 14 (1) of the Poultry Act;Whereas Finland and Sweden have undertaken to monitor the situation by annual surveys and to submit a report to the EFTA Surveillance Authority annually of the findings concerning TRT/SHS;Whereas the authorities of Finland and Sweden apply for national movement of poultry rules at least equivalent to those foreseen in this Decision;Whereas the additional guarantees provided for in the present Decision must not be requested from EFTA States or regions thereof which are themselves regarded as free from TRT/SHS;Whereas the measures provided for in this Decision are in accordance with the opinion of the EFTA Veterinary Committee assisting the EFTA Surveillance Authority,HAS ADOPTED THIS DECISION:1. Poultry (Gallus domesticus and turkeys) and hatching eggs thereof coming from an EFTA State or EC Member State or region thereof which has not been granted additional guarantees, with regard to turkey rhinotracheitis/swollen head syndrome (TRT/SHS), pursuant to Article 14 of the Act referred to in point 4 of Chapter I of Annex I to the Agreement on the European Economic Area on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs (Council Directive 90/539/EEC) and destined to an EFTA State or region thereof referred to in the Annex (A) to this Decision, must fulfil the following conditions:1.1. Hatching eggs must come from flocks which:- have not been vaccinated against TRT/SHS,- have been serologically tested during the last 12 months against TRT/SHS, and the test results have shown with 95 % probability that the prevalence of antibodies to TRT/SHS is less than 5 %,and- have shown no clinical, serological or pathological signs of TRT/SHS according to official information during the last 12 months.1.2. Day-old chicks must:- not have been vaccinated against TRT/SHS,- come from flocks satisfying the conditions in 1.1,and- come from a hatchery where working practices ensure that such eggs are incubated at completely separate times and locations from eggs not satisfying the conditions in 1.1.1.3. Breeding and productive poultry must:- not have been vaccinated against TRT/SHS,- come from an establishment where no vaccination against TRT/SHS has been carried out during the last 12 months preceding consignment,- have been isolated for 14 days before consignment under the supervision of the official veterinary and at the site of isolation, no poultry must have been vaccinated against TRT/SHS, and no poultry must have entered during the isolation period,- come from an establishment where according to official information no clinical, serological or pathological signs of TRT/SHS have been observed the last 12 months,and- have been serologically tested during the isolation period against TRT/SHS, and the test results have shown with 95 % probability that the prevalence of antibodies to TRT/SHS is less than 5 %,1.4. Slaughter poultry must be transported directly to the slaughterhouse.2. The health certificate provided for in Annex IV of the Poultry Act must be completed by the following for poultry and hatching eggs sent to an EFTA State or region thereof referred to in the Annex (A) to this Decision.'poultry or hatching eggs in accordance with EFTA Surveillance Authority Decision No 195/94/COL of 30 November 1994 concerning additional guarantees relating to turkey rhinotracheitis/swollen head syndrome for poultry destined to certain EFTA States referred to in the Annex (A) to the same Decision:'3. The EFTA States referred to in the Annex shall submit to the EFTA Surveillance Authority an annual report of its monitoring of the situation with regard to TRT/SHS. This report shall be submitted at the latest on 1 April, the following year.4. This Decision shall enter into force on 1 December 1994.5. This Decision is addressed to the EFTA States.6. This Decision shall be authentic in the English language.Done at Brussels, 30 November 1994.For the EFTA Surveillance AuthorityPekka SÄILÄCollege MemberANNEX A. Regions free of TRT/SHS which do not permit vaccination Finland: all regionsSweden: all regions